PIERRE, S.D. (KELO) — A state lawmaker used his political and professional experience on Thursday to help win the South Dakota Senate’s approval of legislation that could give utilities some protection against lawsuits that could potentially be brought after a wildfire.
The 29-4 vote in favor now sends Senate Bill 36 to the House for further action. It says investor-owned utilities can file wildfire mitigation plans with the South Dakota Public Utilities Commission, and utility cooperatives and municipal utilities can file wildfire mitigation plans with their governing bodies.
In return, people who sue the utility for damages must prove that:
The utility failed to substantially comply with an essential element of a valid and current wildfire mitigation plan, and that failure was the actual and proximate cause of the damages to the plaintiff; or
The utility acted with malice or criminal intent, and the utility’s malicious action or criminal intent was the actual and proximate cause of the damages to the plaintiff.
The lawsuit would need to be filed within three years of the date of the start of the wildfire, and the person suing can recover only economic losses and property damages. The legislation says that noneconomic losses can be recovered only if the fire resulted in the death of the person suing or the person suffered visible bodily injury in the form of a burn from a wildfire.
The legislation’s prime sponsor is Republican Sen. Steve Kolbeck of Brandon. He was elected to the state Public Utilities Commission in 2006 and resigned his government post in 2011 to work for telecom provider CenturyLink. Eight years ago, he joined Xcel Energy, where he now is the utility’s principal manager for South Dakota.
Early in his presentation Thursday, Kolbeck gave examples of a few other businesses and professions that have received legal immunity. “The list goes on and on,” he said.
The legislation resulted from meetings of various groups in South Dakota, according to Kolbeck. “It didn’t come from anywhere outside the state,” he said.
Republican Sen. Paul Miskimins of Mitchell spoke in support. He is one of the bill’s 16 co-sponsors in the 35-seat Senate. “Legislating is about finding a balance,” Miskimins said. “Much of what we do here is about balance.”
Another co-sponsor, Republican Sen. Casey Crabtree of Madison, who is director of economic development for Heartland Energy, also spoke in favor. He said the number one concern for South Dakotans right now is affordability.
“This keeps more money in people’s pockets,” Crabtree said. “Without a doubt, this will save your folks at home money.”
No one spoke in opposition.
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