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NM SB161

NM SB161
Wildfire Mitigation & Liability Act


summary

Introduced
01/27/2026
In Committee
02/05/2026
Crossed Over
Passed
Dead
02/19/2026

Introduced Session

2026 Regular Session

Bill Summary

AN ACT RELATING TO ELECTRIC UTILITIES; ENACTING THE WILDFIRE UTILITY MITIGATION AND LIABILITY ACT; PROVIDING FOR WILDFIRE MITIGATION PLANS, APPROVALS AND ANNUAL COMPLIANCE REPORTS; ALLOWING FOR COST RECOVERY; ESTABLISHING LIMITATIONS ON LIABILITY; PROVIDING ACCESS TO GRANTS FOR COOPERATIVES TO IMPLEMENT MITIGATION PLANS; CREATING A STATUTE OF LIMITATION; AMENDING SECTION 30-32-4 NMSA 1978 (BEING LAWS 1882, CHAPTER 61, SECTION 7, AS AMENDED) AND SECTION 37-1-4 NMSA 1978 (BEING LAWS 1880, CHAPTER, 5, SECTION 4, AS AMENDED) TO CREATE EXCEPTIONS FOR DAMAGES AWARDED FOR STARTING A FIRE AND ACTIONS FOR PERSONAL INJURY; MAKING APPROPRIATIONS.

AI Summary

This bill, the Wildfire Utility Mitigation and Liability Act, establishes a framework for electric utilities to proactively reduce wildfire risks and outlines limitations on their liability in cases where their equipment may cause fires. Key provisions include requiring electric utilities to develop and submit wildfire mitigation plans to the Public Regulation Commission (PRC) for approval, detailing their strategies for assessing risk, managing vegetation, inspecting infrastructure, and coordinating with emergency responders. Utilities that demonstrate substantial compliance with an approved plan will receive a certificate of compliance, which creates a presumption of reasonable preparation in civil lawsuits. The bill also allows utilities to recover the costs associated with implementing these mitigation plans through a special charge on customer bills, known as a rider, and establishes a one-year statute of limitations for wildfire civil actions against utilities. Furthermore, it amends existing laws to create exceptions for damages awarded for starting fires and for personal injury claims in certain wildfire-related civil actions, and it provides grants to electric cooperatives to help them implement their mitigation plans. The bill also makes appropriations to the PRC and the forestry division for their roles in implementing these new provisions.

Sponsors (2)

Last Action

SCC: Reported by committee to fall within the purview of a 30 day session (on 02/05/2026)

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