logo
Wildfire mitigation bill described as good first step to deal with climate change in Montana

Wildfire mitigation bill described as good first step to deal with climate change in Montana

Yahoo06-03-2025

The Horse Gulch Fire near Canyon Ferry Reservoir on the evening of July 9, 2024. ((Photo courtesy InciWeb)
When Rep. Denise Baum, D-Billings, first heard about a bill to call on utilities to submit wildfire mitigation plans, she said she was a solid no.
But this week, Baum was among 98 representatives who voted in favor of House Bill 490, and she said it was thanks to the work of the sponsor, Rep. Amy Regier, R-Kalispell.
The bill, initially controversial, was described as one of the first attempts at addressing climate change in the Montana Legislature.
It requires regulated utilities and electric cooperatives to file and follow wildfire mitigation plans, outlines specific requirements for those plans, and it protects those entities from being liable for fires they didn't cause.
The bill was heavily amended, and, according to legislators, it continues to need scrutiny given its complexity and how quickly it has moved, but it garnered broad support in the House this week.
'The fundamental goal of this bill is to prevent wildfires so we don't get into the issue — as often — about who pays for what when we're looking at potentially tens and tens of millions of dollars of money needed to repair and replace property and potentially (compensate for) human life,' said Rep. Tom France, D-Missoula.
Just one representative opposed it — one seat is open after Rep. Ron Marshall, R-Hamilton, resigned — and Rep. Zooey Zephyr, D-Missoula, had strong criticisms of the bill in committee and on the floor.
Zephyr said the fact that one of the first looks at climate change resulted in a bill 'giving cover' to the entities that contribute to climate change was an 'indictment of capitalism.'
She said she feared the bill would protect utility ratepayers on one side, but at the cost of higher insurance premiums on the other side.
'This is such a wide miss of the mark, it's going to be bad for Montana's homeowners,' Zephyr said.
As amended, the bill says utilities and electric co-ops must file mitigation plans (instead of 'may'), and it is headed to the Senate after having passed the House on Wednesday on third reading.
Wildfires have become more frequent and are costly. In 2021, the state spent $54 million on firefighting, according to Montana Public Radio.
In southern California, losses from recent fires were estimated to have reached more than $250 million, according to the Los Angeles Times.
Earlier in California, a legal firm secured a $13.5 billion settlement from PG&E for victims of fires in 2015, 2016, 2017 and 2018 after the utility filed for bankruptcy protection, according to National Public Radio.
In a narrative about the settlement it negotiated, the Watts Law Firm said PG&E should have done more to mitigate risk.
On the House floor, other Democrats and Republicans spoke in favor of the bill and Montana's attempt to get ahead of the legal battles over who pays for wildfires.
Regier said the bill aims to ensure the electric co-ops and utilities demonstrate their commitment to reducing fire risk by requiring fire mitigation plans.
The bill also declares 'strict liability' does not apply to utilities and electric cooperatives in Montana when it comes to wildfires, a standard Regier said has caused bankruptcy, layoffs and 'skyrocketing utility rates' in California.
Under 'strict liability,' a party is liable for damages even if they didn't act negligently. In California in a 2023 memo, the Public Advocates Office, which advocates for ratepayers, said 'strict liability' contributes to the financial burden on ratepayers, and the office recommended changes.
'We need to ensure that these utilities operate responsibly and can continue to provide reliable service to ratepayers, while still being held accountable for wildfire damages where they act negligently or imprudently,' said the memo.
Regier said the required wildfire mitigation plans must meet nine specifications, including vegetation management and regular inspections and maintenance. She said the Montana Public Service Commission will review plans for regulated utilities, and electric co-op boards will review co-op plans.
'Electric facility providers are not automatically liable for damages from wildfires if they were not negligent and took preventative measures,' Regier said. 'To hold a utility liable, a plaintiff must demonstrate they were negligent.'
The plans must be updated every three years.
They must include descriptions of areas where facilities may be subject to 'heightened risk of wildfire,' strategies for inspecting the facilities, ways the supplier will reduce risks of its equipment igniting a fire, and methods for de-energizing power lines, among other requirements.
Legislators stood up in favor of the bill for a variety of reasons, even though some said it still needs work.
Rep. Tyson Running Wolf, D-Browning, said the financial risk to electricity customers in tribal communities was especially great.
'The rate impacts on utility customers and co-op members from unreasonable court judgments increase insurance costs, but have significant impact on tribal communities, which have poverty rates above the statewide rate average,' Running Wolf said.
Rep. Shane Klakken, R-Grass Range, said he's from a small town, and he doesn't want the electricity co-op of which he's a member, Fergus Electric, to get 'sued into nothing' and then go bankrupt.
He said any company that purchases it would only jack up rates to pay off the debt.
'I'm in the middle of nowhere.' Klakken said. 'I want my electricity.'
Rep. Bill Mercer, R-Billings, sponsored a controversial but successful amendment to say, in part, certain entities that have filed and 'substantially followed' wildfire plans, as opposed to only filed them, 'may not be' civilly liable for injuries or damages caused by wildfire, instead of 'are not.' Mercer said the bill does not preclude the 'ability to get relief under certain circumstances,' and the changes correct the bill's title to reflect its content.
Mercer, former U.S. Attorney for Montana, also said a couple of other changes align the bill with standards in such legal cases.
Some opponents of the amendment, including Regier, said Mercer made some good points but they were also hard to weigh at the last minute. Despite their arguments, the amendment passed 58-41.
Rep. Ed Stafman, D-Bozeman, ultimately supported the bill on the floor, although in committee, he voted no and said he would like to see the issue continued to be studied to address the argument that home insurance prices would spike.
'I think the amendment will help with that, but without an opportunity to study it, I'm just not sure it's enough,' Stafman said of work in committee.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

‘Come and get me': Gavin Newsom has entered the meme war
‘Come and get me': Gavin Newsom has entered the meme war

Washington Post

time26 minutes ago

  • Washington Post

‘Come and get me': Gavin Newsom has entered the meme war

California Gov. Gavin Newsom (D) has found himself in the center of the internet's spotlight after squaring off with President Donald Trump on social media over the deployment of military troops to counter protesters in Los Angeles. While police deployed tear gas and shot at protesters in Los Angeles with rubber bullets on Monday, Newsom shared a screenshot on TikTok of a Washington Post headline reporting that California would sue Trump over the National Guard's presence, paired with a trending sound sampled from the movie 'Mean Girls. ' The video was captioned 'We will not stand while Donald Trump illegally federalizes the National Guard' and was liked more than 255,000 times.

Acting NJ U.S. Attorney Alina Habba says Rep. LaMonica McIver indicted
Acting NJ U.S. Attorney Alina Habba says Rep. LaMonica McIver indicted

Yahoo

time27 minutes ago

  • Yahoo

Acting NJ U.S. Attorney Alina Habba says Rep. LaMonica McIver indicted

A grand jury indicted U.S. Rep. LaMonica McIver on charges related to an incident at Delaney Hall in Newark last month, according to a social media post made by acting U.S. Attorney for New Jersey Alina Habba. McIver was at Delaney Hall with U.S. Rep. Bonnie Watson Coleman and U.S. Rep. Rob Menendez to "inspect the treatment of ICE detainees at Delaney Hall." All three are Democrats. The congresswoman said in a statement the 'facts of this case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation. 'This indictment is no more justified than the original charges, and is an effort by Trump's administration to dodge accountability for the chaos ICE caused and scare me out of doing the work I was elected to do,' McIver said. 'But it won't work — I will not be intimidated. The facts are on our side, I will be entering a plea of not guilty, I'm grateful for the support of my community, and I look forward to my day in court.' Habba said the federal grand jury 'returned a three-count indictment' against McIver for 'forcibly impeding and interfering with federal law enforcement officers.' 'It is my constitutional obligation as the chief federal law enforcement officer for New Jersey to ensure that our federal partners are protected when executing their duties,' she said. 'While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve.' The three counts have a maximum penalty of eight years for count one, an additional maximum penalty of eight years for count two and a maximum penalty of one year for count three. Earlier: NJ Rep. LaMonica McIver makes court appearance for assault charges in Newark ICE incident McIver said in a statement on May 19 she and her colleagues were "fulfilling our lawful oversight responsibilities, as members of Congress have done many times before, and our visit should have been peaceful and short." "Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka," she said. "The charges against me are purely political -- they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight." Newark Mayor Ras Baraka had been arrested at Delaney Hall for trespassing but the charges have since been dropped. He is suing Habba for 'false arrest and malicious prosecution.' McIver's lawyer, Paul Fishman, served as U.S. Attorney in New Jersey during the Obama administration. He said in May the "decision to charge Congresswoman McIver is spectacularly inappropriate." "She went to Delaney Hall to do her job. As a member of Congress, she has the right and responsibility to see how ICE is treating detainees," Fishman said. "Rather than facilitating that inspection, ICE agents chose to escalate what should have been a peaceful situation into chaos. This prosecution is an attempt to shift the blame for ICE's behavior to Congresswoman McIver. In the courtroom, facts — not headlines — will matter." Katie Sobko covers the New Jersey Statehouse. Email: sobko@ This article originally appeared on NJ U.S. Attorney Alina Habba: Rep. LaMonica McIver indicted

Ohio Democrats elect Kathleen Clyde as new party chair ahead of 2026 election
Ohio Democrats elect Kathleen Clyde as new party chair ahead of 2026 election

Yahoo

time28 minutes ago

  • Yahoo

Ohio Democrats elect Kathleen Clyde as new party chair ahead of 2026 election

Former state Rep. Kathleen Clyde will lead the Ohio Democratic Party as candidates prepare for 2026 and seek to break the Republican Party's hold on Ohio. The Democrats' executive committee tapped Clyde to replace former party chair Liz Walters, who resigned to become CEO of a political data firm in Washington, D.C. The shakeup came months after a brutal election for Ohio Democrats, leaving state Supreme Court Justice Jennifer Brunner as the only Democrat in statewide office. Get The Scoop!: Sign up for our weekly Ohio politics podcast Despite past defeats, Clyde believes the party has an opportunity to capitalize on backlash against President Donald Trump and reclaim power in 2026. In her new role, she'll help recruit and support candidates, raise money and organize get-out-the-vote efforts. "Democrats need to unify around a message that shows what these harmful policies coming out of Washington and the statehouse mean for our economy, our health care, social security," Clyde told the statehouse bureau ahead of the June 10 vote. "We need to offer a compelling message about what Democrats do when they're in power." Clyde, a Portage County native who lives in Columbus, was once considered a rising star in the Ohio Democratic Party. She served four terms in the Ohio House and unsuccessfully ran for secretary of state in 2018. After that, she was appointed to the Portage County Board of Commissioners, but lost when she ran for her seat two years later. Clyde had the backing of former Sen. Sherrod Brown, who Democrats hope will run for governor or U.S. Senate in 2026. Several Democrats challenged Clyde in the race for chair, but her biggest rival − state Sen. Bill DeMora of Columbus − dropped out before the vote. DeMora said he wasn't supporting any remaining candidates, including Clyde. As party chair, Clyde said she wants to tackle urban, suburban and rural areas with different strategies and work with county parties to meet voters where they are. She said Democrats also need to address depressed turnout in Ohio's largest cities and ensure they listen to the needs of Black voters who abandoned the party. "I feel confident that we can come together as Democrats and focus on the work ahead of turning the state around and winning at all levels of government for the working people and putting the needs of Ohioans first," Clyde said. State government reporter Haley BeMiller can be reached at hbemiller@ or @haleybemiller on X. This article originally appeared on The Columbus Dispatch: Kathleen Clyde to lead Ohio Democratic Party for 2026 election

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store