8387.5.
(a) (1) No person or entity that performs tree trimming or vegetation maintenance services under contract to an electrical utility, and no person or entity that performs specialty electrical contracting services under contract to an electrical utility, is liable for any damage or injury that results from a wildfire ignited by electrical utility facilities, except for damage or injury proximately caused by the contractor’s negligence, gross negligence, or willful misconduct. (2) Notwithstanding any other law, the liability described in paragraph (1) shall not exceed the dollar amount of insurance that provides coverage for wildfires possessed by the contractor.
(b) For purposes of this section:
(1) “Electrical utility” means any entity that provides electrical service to the public or any portion thereof, including any public utility, electrical corporation, investor-owned utility, publicly owned electrical utility, electrical cooperative, electric service provider, private company, and county, city, district, public authority, public agency, and any other political subdivision, or public corporation.
(2) “Electrical utility facilities” include:
(A) Electrical distribution or transmission lines, poles, towers and other structures, and any parts, attachments, assemblies, or other facilities connected to or part of the operation of those lines, poles, towers, or other structures.
(B) Any
electric power generation, switch yards, substations, battery storage, or other facilities connected to or part of the electrical utility’s electric power infrastructure system.
(3) “Specialty electrical contracting services” includes any work performed relating to the design, engineering, construction, upgrade, repair, maintenance, inspection, shutoff, restoration, or system consulting services for electric utility facilities.
(4) “Tree trimming or vegetation management services” means any work performed to obtain or maintain clearances between trees, brush, or other vegetation and electrical utility facilities, or to remove trees, brush, or other vegetation that may pose a hazard to electrical utility facilities, including:
(A) Trimming, pruning, cutting, or removal of trees, brush, or other vegetation.
(B) Inspections, testing, or treatment of poles or other structures.
(C) Inspection of trees, brush, or other vegetation, audits, supervision, coordination, surveys, or consulting services.
(5) “Wildfire” means any wildfire, wildland fire, woodland fire, forest fire, brush fire, vegetation fire, grass fire, hill fire, any other uncontrolled fire, or any fire that breaks out from where it was intended to be, and can damage or destroy houses, buildings, or other structures or property, timber, and agricultural or animal resources, and can cause personal injury or death.