HB 490: Revise civil liability laws - Montana

HB0490_X(2).pdf → HB0490_X(3).pdf · 4 edits

MODERATE

The bill updates the definitions of 'Regulated utility' and 'Wildfire' to align with existing state statutes, ensuring consistency in terminology. It also clarifies the requirement for electric facilities providers to prepare and submit wildfire mitigation plans by removing redundant language and correcting a grammatical error regarding who must prepare the plan. These changes streamline the regulatory framework without altering the core obligations or deadlines for wildfire safety planning.

Scope change

The bill's scope remains focused on wildfire mitigation for electric facilities, but the definitions are now strictly tied to existing legal definitions for 'forest or range fire' and the regulatory body under Title 69.

DEFINITION

The definition of 'Regulated utility' was updated to remove redundant phrasing, clarifying that it refers to public electric utilities regulated under Title 69, chapter 3.

The definition of 'Wildfire' was adjusted to explicitly reference the definition of 'forest or range fire' found in 50-63-104, ensuring legal consistency.

REQUIREMENT

The requirement for electric facilities providers to prepare a wildfire mitigation plan was clarified by removing the word 'may' (which implied optionality) and replacing it with 'shall' (which implies a mandatory obligation), ensuring providers must create these plans.

TECHNICAL

Minor formatting and numbering adjustments were made to the list of definitions to correct the sequential numbering from (6)(10) and (7)(11) to (10) and (11).

HB0490_X(1).pdf → HB0490_X(2).pdf · 4 edits

MODERATE

The bill was reorganized to clarify its purpose and expanded the requirements for wildfire mitigation plans. The most significant change is the addition of a specific mandate for electric facilities providers to include strategies for inspecting, maintaining, repairing, and operating their facilities, alongside existing vegetation management plans. This ensures a more comprehensive approach to preventing wildfires caused by utility equipment.

Scope change

The bill's scope remains focused on electric facilities providers, but the definition of 'Electric facilities provider' was slightly refined by removing redundant phrasing and clarifying the list of included entities (e.g., operators, regulated utilities, cooperatives, municipal utilities, and federal transmitting utilities).

REQUIREMENT

The required content of the wildfire mitigation plan was expanded to explicitly include strategies for inspecting, maintaining, repairing, and operating electric facilities, not just vegetation management.

DEFINITION

The definition of 'Electric facilities provider' was cleaned up to remove redundant text and ensure a clear list of covered entities.

The definition of 'Electric transmission and distribution activities' was updated to change the reference from a 'system' to a 'person, facility, transmission, or distribution' to broaden the scope of activities covered.

TECHNICAL

Minor formatting errors and redundant phrasing were removed from the act's title and various section definitions to improve clarity.

HB0490_4(6).pdf → HB0490_X.pdf · 4 edits

MODERATE

The bill text was reformatted to remove redundant headers and standardize the layout, while the core legislative content was updated to correct grammatical errors and clarify the requirements for wildfire mitigation plans. The substantive policy remains focused on protecting utility providers from strict liability if they follow an approved plan, but the text now more clearly defines who must submit plans and the specific content those plans must include.

Scope change

The scope of applicability remains the same, covering regulated utilities, cooperatives, municipal utilities, and other electric facilities providers, but the text was clarified to ensure these entities understand their obligations.

TECHNICAL

Removed redundant page headers and formatting inconsistencies to improve readability.

DEFINITION

Corrected grammatical errors in the definitions section, such as removing unnecessary capitalization and fixing list formatting for clarity.

REQUIREMENT

Clarified the language regarding the requirement for electric facilities providers to prepare and submit wildfire mitigation plans by December 31, 2025, and every three years thereafter.

Added specific requirements for the content of the wildfire mitigation plan, including descriptions of high-risk areas and the strategies used for inspection and maintenance.

HB0490_3(23).pdf → HB0490_4.pdf · 3 edits

MINOR

The bill was renumbered from HB 490.3 to HB 490.4. The most significant change is the redefinition of 'Electric facilities provider,' which now explicitly includes any entity engaged in electric transmission and distribution, regardless of whether it is a regulated utility, a municipally owned utility, or under federal jurisdiction. This expansion ensures that all entities involved in the electric grid are subject to the wildfire mitigation plan requirements.

Scope change

The scope of the bill was expanded to include a broader range of electric entities, specifically adding municipally owned utilities and entities under federal jurisdiction to the list of providers required to submit wildfire mitigation plans.

DEFINITION

The definition of 'Electric facilities provider' was rewritten to explicitly list four categories of entities, ensuring that municipally owned utilities and federally regulated utilities are clearly included alongside regulated utilities and cooperatives.

New definitions were added for 'Jointly Owned Electric Facility' and 'Operator' to clarify how shared infrastructure is managed under the bill.

REQUIREMENT

The requirement for electric facilities providers to submit wildfire mitigation plans was updated to apply to the newly defined, broader group of providers.

HB0490_2(15).pdf → HB0490_3.pdf · 3 edits

MINOR

The bill text was updated from version HB0490.2 to HB0490.3, primarily changing the title to reflect a shift in focus from limiting liability to establishing specific civil liability protections for regulated entities. The changes also adjust the legislative numbering and formatting, indicating a revision in how the bill is presented and categorized.

Scope change

The bill's scope shifted from emphasizing the removal of common law liability standards to explicitly granting civil liability protections to certain entities involved in wildfire mitigation.

SCOPE

The bill's title was revised to clarify that it provides civil liability protections rather than just revising care standards.

DEFINITION

The definition of 'Regulated utility' was updated to reference specific sections of Title 69.

TECHNICAL

The bill number was updated from HB0490.2 to HB0490.3, and page headers were adjusted to reflect the new version.

HB0490_2(5).pdf → HB0490_2(6).pdf · 1 edit

MINOR

The bill updates the definitions of 'Regulated utility' and 'Wildfire' to remove redundant numbering and clarify that wildfire includes fires ignited by electric facilities. These changes streamline the legal language to ensure precise application of wildfire safety rules.

Scope change

The scope of applicability remains focused on public electric utilities regulated under Title 69, but the definition of 'wildfire' is clarified to explicitly include fires caused by electric facilities.

DEFINITION

The numbering for 'Regulated utility' was updated from (6)(8) to (6)(8) without changing the meaning, while the definition of 'Wildfire' was clarified to explicitly state that it includes fires ignited by electric facilities or related activities.

HB0490_2(4).pdf → HB0490_2(5).pdf · 1 edit

MINOR

The bill underwent minor formatting adjustments to align definition numbering with standard legislative styles, removing redundant parentheses and adding consistent spacing. No substantive policy changes, new definitions, or scope modifications were made.

TECHNICAL

Removed redundant parentheses from definition numbers (e.g., changed '(1) (2)' to '(1)(2)') and adjusted spacing for consistency.

HB0490_1(5).pdf → HB0490_2.pdf · 5 edits

MODERATE

The bill was significantly rewritten to change the standard of care for electric utilities regarding wildfires. The most critical change is that the bill now REQUIRES utilities to submit a wildfire mitigation plan by December 31, 2025, and update it every three years, whereas the previous version allowed them to prepare one voluntarily. Additionally, the liability protection for utilities was expanded to cover negligence, not just strict liability, and the definition of 'wildfire' was broadened to include fires caused by any electric activity, regardless of location.

Scope change

The bill's scope expanded from a voluntary program to a mandatory requirement for all electric facilities providers to submit and maintain approved wildfire mitigation plans.

REQUIREMENT

Submitted wildfire mitigation plans are now mandatory for all electric facilities providers, whereas previously they were optional.

TIMELINE

Added a specific deadline of December 31, 2025, for the initial submission of plans, with a requirement to resubmit an updated plan every three years.

ELIGIBILITY

The liability protection for utilities was expanded to cover negligent actions, whereas the previous version only protected against strict liability or ultrahazardous activity theories.

DEFINITION

The definition of 'wildfire' was broadened to include any fire ignited by electric facilities or activities, regardless of whether it occurs within an incorporated municipality.

A new definition for 'Approval Authority' was added to specify which government body is responsible for reviewing and approving the plans for different types of utilities.

LC0224.pdf → HB0490_1.pdf · 1 edit

MINOR

The bill was officially renamed from LC 0224 to HB 490, reflecting its transition from a committee version to a House bill. A new requirement was added mandating that electric cooperatives must present incremental costs when implementing wildfire mitigation plans, introducing a specific financial reporting obligation for this type of utility provider.

Scope change

The bill's scope now explicitly includes a new requirement for electric cooperatives regarding cost presentation for wildfire mitigation.

REQUIREMENT

Electric cooperatives are now required to present incremental costs associated with implementing wildfire mitigation plans.

Revise civil liability laws

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