AN ACT to create and enact a new chapter to title 49 of the North Dakota Century Code, relating to strict liability and a wildfire mitigation plan of a qualified utility; and to provide for a report.
What changed between versions
Added definitions for 'hazardous vegetation' and 'qualified utility' to establish clear standards for what plants and utility types are covered under the wildfire mitigation requirements.
Added requirement for qualified utilities to prepare and submit wildfire mitigation plans that include detailed procedures for vegetation management, infrastructure inspection, recloser disabling procedures, and community outreach.
Added requirement for utilities to publish wildfire mitigation plans and annual compliance reports on their websites within 30 days of filing or approval.
Changed the plan update frequency from every three years to every two years for both electric public utilities/transmission providers and rural electric cooperatives/municipal utilities.
Added a rebuttable presumption that qualified utilities who prepare and comply with wildfire mitigation plans exercised reasonable standard of care, limiting courts from applying strict liability standards for wildfire-related damages.