Kansas House committee advances bill to study utility wildfire risk, keeps $5 million punitive-damages cap

The Kansas House Committee of the Whole voted to report House Bill 2107 favorably for passage, a measure that directs the Kansas Corporation Commission to convene workshops on wildfire risk from electric utility operations and retains a $5 million cap on punitive damages.

The bill requires the Kansas Corporation Commission (KCC) to assemble electric utilities, landowners and stakeholder groups — including the Kansas Livestock Association and the Kansas Farm Bureau — to assess wildfire risk tied to utility equipment and to consider potential mitigation measures and associated costs. A fiscal note filed with the committee estimates state costs at about $200,000 in fiscal 2026 and $100,000 in fiscal 2027.

Sponsor Representative Schreiber said, “This bill addresses a couple of important issues,” describing the measure as a first step to identify and coordinate wildfire mitigation strategies across utilities and landowners. The legislation also includes a provision clarifying the point at which a two-year statute of limitations begins: amended language makes the clock start when damage occurs rather than at ignition.

Members from agriculture and utility sectors had earlier opposed parts of the bill. Schreiber told the chamber that Kansas Livestock Association and Kansas Farm Bureau moved from opposed to neutral after committee amendments removed language about awarding certain damages. The bill keeps a statutory cap on punitive damages at $5,000,000; supporters said that limit helps preserve utilities’ access to capital and would otherwise increase customer rates. Opponents said the cap is too low to cover catastrophic losses in rural areas.

Representative Barth, who opposed the measure, raised safety concerns tied to battery storage and other energy infrastructure, saying those installations “are very flammable” and can produce hazardous gases when they burn. Barth warned the bill does not provide a remedy for consequential, non-property economic losses such as lost business, displacement costs or harm to livestock and crops.

Committee members clarified that the bill’s limits apply to punitive damages only; they said economic and property damages remain recoverable under existing law. Representative Carmichael said the bill “does not prevent a farmer or rancher from bringing a claim against the utility” if property or livestock are damaged.

When the Committee of the Whole rose and reported, members voted to send HB 2107 back to the House favorably for passage. The measure will continue through the legislative process; no final floor passage was recorded in this session note.