Senate Utilities Committee advances bill setting 2-year limit on wildfire claims against electric utilities

The Senate Utilities Committee voted to pass House Bill 2107 favorably out of committee as amended, approving a two-year statute of limitations for wildfire-related claims against electric public utilities and preserving a $5 million punitive damages cap.

Nick Myers, the reviser who presented the bill, said the measure “relates to electric public utilities and unplanned wildfire events” and described its core provisions: the two-year limitations period would begin running on “the date that the plaintiff first suffers a damage” from a fire event; a plaintiff may recover economic loss if they prove by a preponderance of the evidence that the utility caused the fire; and the bill caps punitive damages at $5,000,000. Myers also said the bill would require the State Corporation Commission to convene a workshop to assess wildfire risk, mitigation efforts and cost-recovery treatment for utilities, to be concluded on or before July 31, 2026, and that the bill would take effect upon publication in the statute book (noted in committee as 07/01/2025).

During debate, Senator Petersen offered and secured an amendment to add non‑economic damages to the list of recoverable losses; the amendment passed on a voice vote. Senator Peck offered a proposed amendment to raise the punitive damages cap to $10,000,000; that proposal failed for lack of a second. Senator Francisco offered an amendment clarifying the language in Section 2 regarding the statewide workshop; that amendment was moved, seconded and approved by voice vote. After amendment votes, Senator Bowser moved to report the bill favorably out of committee as amended; Senator Francisco seconded the motion and the committee carried it by voice vote.

Senator Warren asked whether a statute of repose would apply. Myers responded that existing law provides a two‑year statute of limitations for certain torts and a 10‑year statute of repose, and that the committee’s bill applies the two‑year limitations period but does not appear to change the existing repose provision. Committee members noted that the repose period could limit very long‑delayed claims.

Discussion and votes recorded in committee were voice votes; no roll call tally with member-by-member votes was recorded in the transcript. The committee sent HB 2107 to the floor with the amendments described above. The action items recorded in committee are limited to committee‑level motions and voice votes and do not constitute final legislative enactment.