Creates a fund to pay for damage claims arising from catastrophic wildfires caused by public utilities.
Creates the Catastrophic Wildfire Fund to pay for property damage claims arising from catastrophic wildfires that are ignited by the facilities of a public utility. Allows a public utility to participate in and capitalize the fund. Defines “public utility.” Requires the Public Utility Commission to appoint an independent administrator to administer payments of eligible claims arising from a catastrophic wildfire. Provides for an independent administrator to prepare and present a plan of operations. Provides for a process to recapitalize the fund as needed, as determined by an independent administrator. Provides for procedures if an independent administrator determines that the fund is depleted. Establishes a claims process. Limits the amount of property and noneconomic damages that may be recovered by a claimant from the fund.
Noneconomic damages in an amount not greater than $100,000, for any occurrence
where there is no serious bodily injury or death, adjusted on an annual basis for inflation.
“Noneconomic damages” means subjective, nonmonetary losses, including but not
limited to pain, mental suffering, emotional distress, humiliation, injury to reputation, inconvenience, interference with normal and usual activities apart from gainful employment,
loss of consortium and loss of care, comfort, companionship and society.
Concerns that even though the fund are anticipated to come from pubic utilities and donors, the state is the backup guarantee. It should be structured after the Life Insurance Guarantee fund where all companies are assessed when the funds run low. Objection to auto inflation adjustments. Ultimately all funds come from ratepayers and increasing benefits translates into eventual rate increases without representation.
The covering of all “noneconomic” damages is a loser. Accept for death and disabling injury, the fund should not be used to make someone feel better about what life brings their way. Everyone has a claim for “pain, mental suffering, emotional distress, humiliation, injury to reputation, inconvenience, interference with normal and usual activities” that can be claimed. Others should not be responsible beyond material loss. What does any of these have to do with a wildfire disaster outside of the way they respond to a disaster?
What’s the intent of Section 1 being placed into law? That belongs in a testimony argument.
SUBMIT TESTIMONY HERE before 4/10 at 3pm
EMAIL COMMITTEE
Rep.JasonKropf@oregonlegislature.gov
Rep.WillyChotzen@oregonlegislature.gov
Rep.KimWallan@oregonlegislature.gov
Rep.TomAndersen@oregonlegislature.gov
Rep.FarrahChaichi@oregonlegislature.gov
Rep.RickLewis@oregonlegislature.gov
Rep.KevinMannix@oregonlegislature.gov
Rep.ThuyTran@oregonlegislature.gov