SD SB36

Qualified utilities (electric utilities and wholesale electricity generators) may submit wildfire mitigation plans to the Public Utilities Commission or their approval authority for publication within 120 days, with annual compliance reports due by June 1 and plan updates required every two years

Wildfire mitigation plans must include descriptions of high-risk areas, infrastructure inspection procedures, vegetation management strategies, power line de-energization considerations, system restoration procedures, cost estimates, community outreach efforts, and coordination with wildfire agencies

Strict liability cannot be applied to qualified utilities for wildfire damages, and utilities with valid mitigation plans receive a rebuttable presumption that they acted reasonably; plaintiffs must prove the utility failed to substantially comply with its plan or acted with malice/criminal intent

Recoverable damages are limited to economic losses and property damages, with noneconomic losses only available if the plaintiff suffered death, visible bodily injury, smoke inhalation, or medically verifiable injury; punitive damages require clear and convincing evidence of willful and wanton misconduct

Public utilities may recover all prudently incurred costs for implementing approved wildfire mitigation plans through rates, and the statute of limitations for wildfire damage claims is four years from initial ignition