§ 37-3-405 — Wildfire mitigation plans; recovery of costs

(a) Except as otherwise provided in this section, there
shall be a presumption in any civil action that the approved
wildfire mitigation plan is a reasonable and prudent preparation
for, and mitigation of, wildfire risk.
(b) An electric utility and a landowner with an alleged
wildfire related claim shall negotiate in good faith before any
landowner files a civil action against the electric utility.
During negotiations, an electric utility shall respond to a
landowner not later than ninety (90) days after receipt of the
landowner's submission of itemized damages.
(c) A plaintiff may recover economic loss from an electric
utility as a result of a wildfire only if the plaintiff shows
one (1) or more of the following by a preponderance of the
evidence:
(i) The electric utility failed to substantially
comply with an approved wildfire mitigation plan, and that
failure was the actual and proximate cause of the damages to the
plaintiff. For purposes of this paragraph, an electric utility
shall be deemed to have substantially complied with the wildfire
mitigation plan if the electric utility attempted in good faith
to comply with the plan but was denied or unreasonably delayed
access to a right-of-way after the electric utility requested
access to the right-of-way to perform vegetation management or
fire mitigation work in accordance with the plan and the denial
or delay was a proximate cause of the damages to the plaintiff.
A denial or delay shall not be deemed a proximate cause of the
damages unless the electric utility made reasonable efforts to
enforce their easement access rights within a reasonable time;
(ii) The electric utility acted with gross
negligence, malice or criminal intent, and the electric
utility's action was the actual and proximate cause of the
damages to the plaintiff.
(d) The following shall apply in any civil action filed
under subsection (c) of this section that any plaintiff brings
against an electric utility for damages caused by wildfire:
(i) An action against an electric utility for damages
caused by a wildfire shall be brought not later than four (4)
years after the date of the ignition of the wildfire;
(ii) A plaintiff may recover economic losses;
(iii) No plaintiff shall recover noneconomic damages
unless the plaintiff's claim is based on the injury or death of
any person in a wildfire;
(iv) Nothing in this section shall be construed to
limit any defenses that an electric utility may be entitled to
raise in a civil action for damages caused by wildfire.
(e) Nothing in this section shall be construed to apply to
any action against an electric utility for:
(i) Any act or omission taken by the electric utility
that is not addressed or covered in the electric utility's
wildfire mitigation plan;
(ii) Any act or omission taken by the electric
utility that causes damages or losses not caused or created by a
wildfire.