[§663-8.8] Limitation on aggregate liability; electric utilities. (a) The aggregate liability of an electric utility, including its affiliates, collectively, for qualifying damages arising from a covered catastrophic wildfire shall not exceed the least of the maximum payable amount authorized by the rules, adopted pursuant to section 269-27.9, for either the set period of time in which the covered catastrophic wildfire began or per event, as determined by the commission, or for the remainder of the maximum payable amount to the extent that the electric utility has already paid qualifying damages for the same time period or event.
(b) An electric utility that seeks to assert the limitation on aggregate liability set forth in subsection (a) shall:
(1) Have a wildfire mitigation plan, as defined in section 269-27.9, that is approved by the commission and shall have sought and received a determination from the commission that the plan is being implemented on the timeline approved by the commission; and
(2) Be in full compliance with any conditions and reporting requirements established by rule pursuant to subsection 269-27.9(c).
(c) All civil actions arising out of a catastrophic wildfire shall be brought in the circuit in which the catastrophic wildfire occurred. The court shall adopt procedures to equitably apply the limit set forth in subsection (a) to all filed civil claims, and notwithstanding any law to the contrary, joint and several liability shall not apply to qualifying damages, even as to any amount of qualifying damages in excess of the aggregate liability of an electric utility; provided that in any action to recover from a person or an entity in connection with a covered catastrophic wildfire, the person or entity may claim, in defense, apportionment of fault to any other person, entity, electric utility, or electric cooperative, even as to those who are not a party to the action. The exceptions to the abolition of joint and several liability set forth in section 663-10.9 shall not apply to any suit, claim, arbitration, or other civil action arising out of a covered catastrophic wildfire. All settlements or judgments for claims for qualifying damages shall be subject to approval by the court. The court shall not approve any settlement or judgment that would cause the aggregate liability of electric utilities to exceed the aggregate liability limit prescribed by the commission if the utility is entitled to invoke the limitation under subsection (a). No liability allocable to the electric utility that is not payable because of the aggregate liability limit shall be shifted, in any manner, to any other alleged tortfeasor or obligor.
(d) A court may consolidate cases arising from a covered catastrophic wildfire. Any circuit court that is not the consolidating court shall transfer any civil case to facilitate the consolidation.
(e) No later than twenty days prior to the convening of each regular session, the commission shall study and submit a report to the legislature that includes:
(1) An assessment of whether the factors considered pursuant to section 269-27.9(b) adequately balance the solvency interests of electric utilities with the compensation owed in the previous year to catastrophic wildfire victims, or whether additional factors should be considered; and
(2) Any other findings and recommendations, including any necessary proposed legislation.
(f) For the purposes of this section:
"Catastrophic wildfire" means a wildfire occurring in the State on or after July 1, 2025, that substantially damages or destroys more than five hundred commercial structures or residential structures designed for habitation or, for an electric cooperative, a wildfire that substantially damages or destroys more than fifty commercial structures or residential structures designed for habitation.
"Covered catastrophic wildfire" means a catastrophic wildfire that may have been caused, or whose severity may have been increased, by an electric utility's facilities or actions.
"Electric utility" means a public utility that exists for the furnishing of electrical power, including an electric cooperative.
"Electric cooperative" is an electric utility that has the same meaning as in section 269-31(c).
"Public utility" has the same meaning as in section 269-1.
"Qualifying damages" means economic damages arising out of the loss of or damage to real or personal property from a covered catastrophic wildfire. "Qualifying damages" does not include claims for physical bodily harm or emotional harm. [L 2025, c 258, §2]
"July 1, 2025," substituted for "the effective date of this Act".