Panel advances bill encouraging utility wildfire-mitigation plans, limits strict liability

The Senate Energy and Natural Resources Committee adopted amendments and voted to recommend a do-pass on Senate Bill 2339, legislation that encourages utilities to prepare wildfire mitigation plans and limits application of strict liability to qualified utilities.

Senator Greg Kessel, sponsor of SB 2339, said the bill "prioritizes public safety by addressing wildfire risk and ensuring utilities develop and implement effective wildfire mitigation plans." He told the committee the measure balances public-safety protection with utilities' financial stability. (Sen. Greg Kessel)

What the bill does: SB 2339 allows qualified utilities to prepare wildfire mitigation plans (WMPs). If a utility files a WMP and follows it, the bill makes that compliance "evidence, subject to rebuttal," that the utility exercised a reasonable standard of care. The bill also limits application of strict liability to qualified utilities for wildfire damages — requiring plaintiffs to prove negligence rather than holding…