(a) Except as otherwise provided in this section, there shall be a presumption in any civil action that the approved wildfire mitigation plan is a reasonable and prudent preparation for, and mitigation of, wildfire risk. (b) An electric utility and a landowner with an alleged wildfire related claim shall negotiate in good faith before any landowner files a civil action against the electric utility. During negotiations, an electric utility shall respond to a landowner not later than ninety (90) days after receipt of the landowner's submission of itemized damages. (c) A plaintiff may recover economic loss from an electric utility as a result of a wildfire only if the plaintiff shows one (1) or more of the following by a preponderance of the evidence: (i) The electric utility failed to substantially comply with an approved wildfire mitigation plan, and that failure was the actual and proximate cause of the damages to the plaintiff. For purposes of this paragraph, an electric utility shall be deemed to have substantially complied with the wildfire mitigation plan if the electric utility attempted in good faith to comply with the plan but was denied or unreasonably delayed access to a right-of-way after the electric utility requested access to the right-of-way to perform vegetation management or fire mitigation work in accordance with the plan and the denial or delay was a proximate cause of the damages to the plaintiff. A denial or delay shall not be deemed a proximate cause of the damages unless the electric utility made reasonable efforts to enforce their easement access rights within a reasonable time; (ii) The electric utility acted with gross negligence, malice or criminal intent, and the electric utility's action was the actual and proximate cause of the damages to the plaintiff. (d) The following shall apply in any civil action filed under subsection (c) of this section that any plaintiff brings against an electric utility for damages caused by wildfire: (i) An action against an electric utility for damages caused by a wildfire shall be brought not later than four (4) years after the date of the ignition of the wildfire; (ii) A plaintiff may recover economic losses; (iii) No plaintiff shall recover noneconomic damages unless the plaintiff's claim is based on the injury or death of any person in a wildfire; (iv) Nothing in this section shall be construed to limit any defenses that an electric utility may be entitled to raise in a civil action for damages caused by wildfire. (e) Nothing in this section shall be construed to apply to any action against an electric utility for: (i) Any act or omission taken by the electric utility that is not addressed or covered in the electric utility's wildfire mitigation plan; (ii) Any act or omission taken by the electric utility that causes damages or losses not caused or created by a wildfire.
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