HB145 - Relating to risk mitigation planning and associated liability for providers of electric service; providing an administrative penalty.

      H.B. No. 145         AN ACT   relating to risk mitigation planning and associated liability for   providers of electric service; providing an administrative   penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 36.064, Utilities Code, is amended by   amending Subsections (a) and (b) and adding Subsections (c-1) and   (h) to read as follows:          (a)  An electric utility may self-insure all or part of :                 (1)   the utility's potential liability or catastrophic   property loss, including windstorm, fire, wildfire,  and explosion   losses, that could not have been reasonably anticipated and   included under operating and maintenance expenses ; and                 (2)     potential damages the utility may be liable for   resulting from personal injury or property damage caused by a   wildfire .          (b)  The commission shall approve a self-insurance plan   under this section if the commission finds [ that ]:                (1)  the coverage is in the public interest;                (2)   one of the following:                       (A)   the plan, considering all costs, is a lower   cost alternative to purchasing commercial insurance;                       (B)     commercial insurance alone is insufficient   to cover potential liability, damages, or catastrophic property   loss; or                       (C)     the electric utility cannot obtain   commercial insurance for a reasonable premium; and                (3)  ratepayers will receive the benefits of the   savings.           (c-1)     In approving a self-insurance plan under this   section, the commission shall prioritize the consideration of the   presence and potential extent of wildfire losses, including:                 (1)  historical data;                 (2)  actuarial studies and analyses; and                 (3)     the risk of the electric utility's exposure to   losses from multiple types of disasters occurring within the   utility's service territory.           (h)     Subsection (a)(2) does not authorize an electric   utility to self-insure under this section for damages from a   wildfire event the utility caused intentionally, recklessly, or   with gross negligence.          SECTION 2.  Subchapter D, Chapter 38, Utilities Code, is   amended by adding Sections 38.080 and 38.081 to read as follows:           Sec.   38.080.     WILDFIRE MITIGATION PLAN.   (a)   In this   section:                 (1)     "Division" means the Texas Division of Emergency   Management.                 (2)     "First responder" has the meaning assigned by   Section 418.251, Government Code.                 (3)     "Plan" means a wildfire mitigation plan described   by Subsection (b).                 (4)     "Wildfire risk area" means an area determined by   the division or an electric utility, municipally owned utility, or   electric cooperative to be at an elevated risk for wildfire.           (b)     An electric utility, municipally owned utility, or   electric cooperative that owns a transmission or distribution   facility in a wildfire risk area shall file with the commission a   wildfire mitigation plan that includes the following:                 (1)     a description of each area to which the utility or   cooperative provides transmission or distribution service that is   in a wildfire risk area and the utility's or cooperative's process   for periodically inspecting the utility's or cooperative's   transmission and distribution facilities in those areas;                 (2)     a detailed plan for vegetation management in the   wildfire risk area;                 (3)     a detailed operations plan for reducing the   likelihood of wildfire ignition from the utility's or cooperative's   facilities and for responding to a wildfire;                 (4)     a description of the procedures the utility or   cooperative intends to use to restore the utility's or   cooperative's system during and after a wildfire event, including   contact information for the utility or cooperative that may be used   for coordination with the division and first responders;                 (5)     the utility's or cooperative's community outreach   and public awareness plan regarding wildfire risks and actual   wildfires affecting the utility's or cooperative's service   territory or system, including a specific communications plan for   responding to a wildfire event;                 (6)     any infrastructure report, maintenance report, or   transmission or distribution pole maintenance plan required by the   commission;                 (7)     an analysis of the wildfire mitigation plan   prepared by an independent expert in fire risk mitigation;                 (8)     a description of procedures for de-energizing   power lines and disabling reclosers to mitigate potential wildfires   or implement a public safety power shut-off plan;                 (9)     a description of the procedures and standards that   the utility or cooperative will use to inspect and operate the   utility's or cooperative's infrastructure to mitigate the risk of   wildfires;                 (10)     a description of how the utility or cooperative   will monitor compliance with the wildfire mitigation plan; and                 (11)  any other information the commission may require.           (c)     The commission shall issue an order not later than the   180th day after a plan is filed with the commission that:                 (1)     approves the plan if the commission finds that   approval is in the public interest; or                 (2)     modifies or rejects the plan as necessary to be   consistent with the public interest.           (d)     An electric utility, municipally owned utility, or   electric cooperative that does not implement a plan approved under   this section is subject to an administrative penalty as provided by   Chapter 15.           (e)     The commission may accept in place of the information   required under Subsection (b) any information required under other   law that is substantially similar to the information required under   that subsection.           Sec.   38.081.     EVIDENCE IN ACTIONS FOR DAMAGES CAUSED BY   WILDFIRE. (a)   An electric utility, municipally owned utility, or   electric cooperative that submits and obtains commission approval   for a wildfire mitigation plan under Section 38.080 may use the plan   as evidence in an action brought against the utility or cooperative   for damages resulting from a wildfire ignited or propagated by the   utility's or cooperative's facility.           (b)     Subject to any applicable tariff provision, in an action   for damages resulting from a wildfire ignited or propagated by an   electric utility's, municipally owned utility's, or electric   cooperative's facility, the utility or cooperative is not liable   for damages resulting from the wildfire if the trier of fact in the   action finds that the utility or cooperative:                 (1)     submitted, obtained commission approval for, and   implemented a wildfire mitigation plan under Section 38.080;                 (2)     was in compliance with relevant measures of the   utility's or cooperative's wildfire mitigation plan with respect to   the specific equipment found to have ignited or propagated the   wildfire; and                 (3)     did not cause the wildfire intentionally,   recklessly, or with negligence.           (c)     Subsections (a) and (b) do not apply to an electric   utility, municipally owned utility, or electric cooperative that:                 (1)     does not file a wildfire mitigation plan under   Section 38.080; or                 (2)  files a plan that is rejected by the commission.           (d)     Notwithstanding any other provision of this section,   this section does not affect an express contractual right of a   person or entity involving a communications facility or the shared   use of an electric facility or pole attachment.          SECTION 3.  (a)  The Public Utility Commission of Texas   shall adopt any rules necessary to implement Section 36.064,   Utilities Code, as amended by this Act, and Section 38.080,   Utilities Code, as added by this Act, not later than the 180th day   after the effective date of this Act.          (b)  An electric utility, municipally owned utility, or   electric cooperative shall file a wildfire mitigation plan, as   authorized by Section 38.080, Utilities Code, as added by this Act,   as soon as practicable after the date the Public Utility Commission   of Texas adopts rules described by Subsection (a) of this section.          SECTION 4.  Section 38.081, Utilities Code, as added by this   Act, applies only to a cause of action that accrues on or after the   effective date of this Act.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 145 was passed by the House on April   25, 2025, by the following vote:  Yeas 131, Nays 8, 1 present, not   voting; that the House refused to concur in Senate amendments to   H.B. No. 145 on May 28, 2025, and requested the appointment of a   conference committee to consider the differences between the two   houses; and that the House adopted the conference committee report   on H.B. No. 145 on May 31, 2025, by the following vote:  Yeas 103,   Nays 21, 2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 145 was passed by the Senate, with   amendments, on May 26, 2025, by the following vote:  Yeas 31, Nays   0; at the request of the House, the Senate appointed a conference   committee to consider the differences between the two houses; and   that the Senate adopted the conference committee report on H.B. No.   145 on June 1, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate      APPROVED: ______ [Text truncated for display. Full text available on Congress.gov.]