HB 490 is a crucial step for Montana’s safety and resilience

As general managers of Montana’s electric cooperatives, we are writing to urge our state senators and communities to support House Bill 490. This vital piece of legislation ensures that our state is better prepared to face the growing threat of wildfires and that our member-owned cooperatives can continue to serve our communities without the risk of being held liable for fires outside of their control.

First, HB 490 requires that utilities adopt and implement comprehensive wildfire mitigation plans to actively reduce the risk of wildfires. These publicly available plans include proactive measures to manage vegetation, assess and upgrade equipment, and regularly report on mitigation efforts. In these ways, we are proactively investing in our communities to prevent wildfires from starting in the first place.

Second, in some states, the legal framework allows utility customers to bear the high costs of fires that were not the fault of the utilities through a standard known as strict liability. Under strict liability, a utility can be held responsible for damages caused by wildfires, regardless of whether the utility was negligent or reckless. This means that even if our utility took all necessary precautions and followed safety protocols, we could still be held liable, leaving our members saddled with the costs associated with the wildfire.