- 2025
69th Legislature 2025 HB0490.4
- 1 - Authorized Print Version – HB 490
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 - 2025
69th Legislature 2025 HB0490.4
- 2 - Authorized Print Version – HB 490
1
2
3
4
5
6
7 Section 1. As used in [sections 1 through 3], the following definitions
8
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
11
12.
13
14EPARTMENT", AS PROVIDED
15 2-15-3301.
16
17
18
19
20
21
22ANY OF THE FOLLOWING THAT ENGAGES IN ELECTRIC
23:
24A) a , regulated utility, or electric cooperative, ; as well as
25B) a municipally owned utility; or
26C) entity, owning electric facilities in the state without regard to the jurisdiction of the
27OR
28D) TRANSMITTING UTILITY UNDER THE JURISDICTION OF THE FEDERAL ENERGY - 2025
69th Legislature 2025 HB0490.4
- 3 - Authorized Print Version – HB 490
1, which engages in electric transmission and distribution activities as defined in this
2
3
4
5
6OINTLY OWNED ELECTRIC FACILITY" MEANS AN IDENTIFIED SET OF ELECTRIC FACILITIES THAT
7.
8PERATOR" MEANS THE PERSON OR ENTITY DESIGNATED BY THE OWNERS OF A JOINTLY OWNED
9 FACILITY AS DEFINED IN THIS SECTION AS RESPONSIBLE FOR THE OPERATION AND MAINTENANCE OF JOINTLY
10.
11
12
13
14
15
16
17
18
19
20
21 Section 2.
22 (1) An electric facilities provider may SHALL prepare a wildfire mitigation plan in accordance with this
23 ITS AND COMMENCE IMPLEMENTATION OF ITS WILDFIRE
24 NO LATER THAN DECEMBER 31, 2025. AN ELECTRIC FACILITIES PROVIDER SHALL RESUBMIT AN
25 MITIGATION PLAN TO ITS APPROVAL AUTHORITY AT LEAST EVERY 3 YEARS.
26
27
28 - 2025
69th Legislature 2025 HB0490.4
- 4 - Authorized Print Version – HB 490
1 MAINTAIN,
2, and operate its electric facilities;
3
4
5
6employ to reduce the risk of its electric facilities igniting a wildfire;
7
8
9
10
11
12
13
14
15
16
17
18
19
20APPROVAL AUTHORITY for consideration when reviewing the plan;.
21OWEVER, those costs may not be a part of the wildfire mitigation plan itself.
22
23APPROVAL AUTHORITY FOR AN
24'S WILDFIRE MITIGATION PLAN SHALL:
25
26
27 AND
28C)60: - 2025
69th Legislature 2025 HB0490.4
- 5 - Authorized Print Version – HB 490
1I) ; AND
2II) PROVIDE REQUIRED MODIFICATIONS IN WRITING WITH THE OPPORTUNITY FOR THE ELECTRIC FACILITIES
3.
4HE DEPARTMENT AND MONTANA DISASTER AND EMERGENCY SERVICES SHALL REVIEW A WILDFIRE
5 SUBMITTED TO THE COMMISSION AND WITHIN THE PUBLIC COMMENT PERIOD PROVIDE COMMENTS AND
6.
7HE APPROVAL AUTHORITY SHALL APPROVE THE WILDFIRE MITIGATION PLAN IF THE APPROVAL
8(2), IS
9, AND REASONABLY BALANCES THE INCREMENTAL COSTS OF IMPLEMENTING THE PLAN WITH THE
10.
11
12
13
14
15
16J1 OF EACH YEAR, the electric facilities provider shall submit to its governing body
17 a biennial report summarizing the electric facilities provider's wildfire mitigation efforts and
18 ITS CURRENTLY AUTHORIZED wildfire mitigation plan.
19OR ANY JOINTLY OWNED ELECTRIC FACILITIES, THE OPERATOR SHALL PREPARE AND IMPLEMENT THE
20. IF OWNER OF A JOINTLY
21, THE COMMISSION IS THE APPROVAL AUTHORITY WHETHER OR NOT
22. THE OPERATOR
23
24.
25
26
27
28 - 2025
69th Legislature 2025 HB0490.4
- 6 - Authorized Print Version – HB 490
1OTHING IN THIS SECTION MAY BE CONSTRUED TO CREATE A NEW LIABILITY, BASIS FOR CLAIM,
2 WHEN
3.
4
5 Section 3.
6 (1) The purpose of this section is to set statutory criteria governing the civil liability of an
7
8
9
10
11
12
13
14
15
16
17
18
19A) wildfire-related injury or damages arising from the electric facilities provider's electric facilities
20
21B) injury or damages arising from an act or omission of the electric facilities provider associated
22
23) the electric facilities provider failed to exercise the degree of care, skill, and learning expected
24
25
26) the failure was an actual and THE proximate cause of the injury to person or property for which
27
28FTER AN ELECTRIC FACILITIES PROVIDER HAS COMMENCED IMPLEMENTATION OF ITS WILDFIRE - 2025
69th Legislature 2025 HB0490.4
- 7 - Authorized Print Version – HB 490
1, IN In an action against an electric facilities provider seeking wildfire-related damages arising
2
3
4'S IGNITION, the electric facilities provider has adopted and, with respect to the place of the wildfire's
5
6WAS APPROVED IN ACCORDANCE WITH [SECTION 2], provided that evidence related to the electric facilities
7
8
9
10
11
12
13
14
15
16
17
18
19B), A PLAINTIFF MAY RECOVER:
20I), INCLUDING MEDICAL EXPENSES AND LOST WAGES;
21II);
22) a plaintiff may not recover noneconomic losses unless the plaintiff suffered bodily injury or
23
24D) an electric facilities provider may not be assessed punitive damages unless there is a showing,
25
26
27
28 - 2025
69th Legislature 2025 HB0490.4
- 8 - Authorized Print Version – HB 490
1E) DAMAGES RESULTING
2 'S RIGHT
3.
4
5
6
7
8
9
10
11
12
13
14
15
16
17HIS SECTION DOES NOT AFFECT EXPRESS CONTRACTUAL RIGHTS OF ANY PERSON OR ENTITY IN ANY
18.
19
20 Section 4. The secretary of state shall send a
21
22
23 Section 5. [Sections 1 through 3] are intended to be
24
25
26
27 Section 6. If a part of [this act] is invalid, all valid parts that are
28 - 2025
69th Legislature 2025 HB0490.4
- 9 - Authorized Print Version – HB 490
1
2
3 Section 7. [This act] is effective on passage and approval.
4