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69th Legislature 2025 HB0490.3
- 1 - Authorized Print Version – HB 490
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- 2 - Authorized Print Version – HB 490
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7 Section 1. As used in [sections 1 through 3], the following definitions
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9PPROVAL AUTHORITY" MEANS THE COMMISSION FOR A REGULATED UTILITY, THE BOARD OF
10, THE CITY COUNCIL OR CITY COMMISSION FOR A MUNICIPAL UTILITY, OR THE
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14EPARTMENT", AS PROVIDED
15 2-15-3301.
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24OR ANY ELECTRIC UTILITY UNDER THE JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION,
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- 3 - Authorized Print Version – HB 490
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10 Section 2.
11 (1) An electric facilities provider may SHALL prepare a wildfire mitigation plan in accordance with this
12 ITS AND COMMENCE IMPLEMENTATION OF ITS WILDFIRE
13 NO LATER THAN DECEMBER 31, 2025. AN ELECTRIC FACILITIES PROVIDER SHALL RESUBMIT AN
14 MITIGATION PLAN TO ITS APPROVAL AUTHORITY AT LEAST EVERY 3 YEARS.
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9APPROVAL AUTHORITY for consideration when reviewing the plan;.
10OWEVER, those costs may not be a part of the wildfire mitigation plan itself.
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12APPROVAL AUTHORITY FOR AN
13'S WILDFIRE MITIGATION PLAN SHALL:
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16 AND
17C)60:
18I) IN THE PLAN; AND
19II) PROVIDE REQUIRED MODIFICATIONS IN WRITING WITH THE OPPORTUNITY FOR THE ELECTRIC FACILITIES
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21HE DEPARTMENT AND M
22 SUBMITTED TO THE COMMISSION AND WITHIN THE PUBLIC COMMENT PERIOD PROVIDE COMMENTS AND
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24HE APPROVAL AUTHORITY SHALL APPROVE THE WILDFIRE MITIGATION PLAN IF THE APPROVAL
25(2), IS
26, AND REASONABLY BALANCES THE INCREMENTAL COSTS OF IMPLEMENTING THE PLAN WITH THE
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- 5 - Authorized Print Version – HB 490
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5JUNE 1 OF EACH YEAR
6 a biennial report summarizing the electric facilities provider's wildfire mitigation efforts and
7 ITS CURRENTLY AUTHORIZED wildfire mitigation plan.
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16 Section 3.
17 (1) The purpose of this section is to set statutory criteria governing the civil liability of an
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2A) wildfire-related injury or damages arising from the electric facilities provider's electric facilities
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5B) injury or damages arising from an act or omission of the electric facilities provider associated
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7I) the electric facilities provider failed to exercise the degree of care, skill, and learning expected
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10II) the failure was an actual and THE proximate cause of the injury to person or property for which
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12FTER AN ELECTRIC FACILITIES PROVIDER HAS COMMENCED IMPLEMENTATION OF ITS WILDFIRE
13, IN In an action against an electric facilities provider seeking wildfire-related damages arising
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16'S IGNITION, the electric facilities provider has adopted and, with respect to the place of the wildfire's
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18WAS APPROVED IN ACCORDANCE WITH [SECTION 2], provided that evidence related to the electric facilities
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3B), A PLAINTIFF MAY RECOVER:
4I),; AND
5II);
6C) a plaintiff may not recover noneconomic losses unless the plaintiff suffered bodily injury or
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8D) an electric facilities provider may not be assessed punitive damages unless there is a showing,
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13E) DAMAGES RESULTING
14 IS DEEMED TO HAVE BEEN MADE WHOLE EXCLUSIVELY FOR PURPOSES OF AN INSURER'S RIGHT
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2 Section 4. The secretary of state shall send a
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5 Section 5. [Sections 1 through 3] are intended to be
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9 Section 6. If a part of [this act] is invalid, all valid parts that are
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13 Section 7. [This act] is effective on passage and approval.
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