Bill > SB281

This bill establishes the Rural Electric Co-op Wildfire Liability Act, which creates a comprehensive framework for how electric cooperatives in New Mexico manage wildfire risks and potential liability. The bill requires electric cooperatives to develop detailed wildfire mitigation plans that must be reviewed by the state Forestry Division and approved by the Public Regulation Commission, covering areas such as service area mapping, risk assessment, vegetation management, system inspection, emergency response procedures, and public safety measures. These plans must be updated every five years and publicly posted. The legislation provides significant liability protections for electric cooperatives that have an approved mitigation plan, effectively presuming they have reasonably prepared for wildfire risks. If a wildfire does occur, the bill limits damages to $2 million per incident and establishes strict conditions for plaintiffs seeking to recover economic or non-economic losses, requiring clear and convincing evidence that the cooperative intentionally caused the fire or that its equipment directly caused the wildfire. Additionally, the bill sets a two-year statute of limitations for filing wildfire-related claims and allows only specific types of damages, such as economic losses and limited non-economic losses related to death or bodily injury. The legislation aims to balance protecting electric cooperatives from excessive liability while maintaining accountability for wildfire prevention and response.

Agriculture and Natural Resources

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=281&year=25