House Bill 490, presented to the Judiciary Committee as a sponsor-sponsored measure by Representative Amy Regier, would eliminate strict liability for electric cooperatives and utilities in wildfire cases and require utilities to prepare wildfire mitigation plans subject to review by elected cooperatives’ boards or the Montana Public Service Commission (PSC).

“The main purpose of this bill is for the electric co‑ops and public utilities to demonstrate their commitment to reducing fire risk,” Rep. Amy Regier said. The measure would preserve plaintiffs’ ability to recover damages for negligence, she said, but would prevent a strict-liability standard that some states have applied and that proponents say can bankrupt utilities.

Representatives of Montana’s electric cooperatives and utilities told the committee they face rising insurance costs and the prospect of catastrophic liability. “Seventeen of the 25 electric cooperatives already have wildfire mitigation plans in place,” said Mark Lambrecht of the Montana Electric Cooperatives Association. Cooperatives said mitigation plans, regular inspections and vegetation management will be required and resubmitted at least every three years.

Opponents — including private landowners, environmental groups, insurance associations and some county and agricultural representatives — said the bill would create a rebuttable presumption that a utility that has a plan and “substantially follows it” is not negligent, effectively creating a liability shield for utilities. “We’re still fighting to be made whole,” testified Mike Weinheimer, whose family farm burned in the 2021 West Wind Fire. Several witnesses said the bill removes or weakens remedies available under existing Montana law (cited in testimony as 50‑63‑104), and could shift costs to ratepayers and harmed landowners.

The committee heard technical amendments from insurers and other stakeholders seeking to strengthen mitigation-plan requirements, add maintenance obligations and preserve insurers’ rights to seek subrogation. PSC Chair Brad Molnar told the committee the PSC lacks in‑house, specialized forestry expertise and cautioned about who would pay for outside technical reviews. Other opponents urged stronger, statewide standards and independent review rather than self-approval by co‑op boards.

No final committee vote was recorded at the hearing. Sponsors said they received amendment drafts during the session and would consider changes intended to tighten plan requirements, oversight and standards of care.

Why it matters: The bill would change legal standards for recovery after wildfires and set statutory requirements for utilities’ wildfire mitigation plans; it could affect insurance availability and the financial stability of utilities that serve rural Montanans.