Federal Wildfire Relief Act of 2024.

Bill: 118-hr-10523
Sponsor: full_name: Rep. Curtis, John R. [R-UT-3]
Introduced: 2024-12-19
Policy area: Emergency Management
Latest action: action_date: 2024-12-19
text: Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 10523 IN THE HOUSE OF REPRESENTATIVES December 19, 2024 Mr. Curtis introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish and carry out a Federal Wildfire Relief Fund.

1. Short Title This Act may be cited as the Federal Wildfire Relief Act of 2024. 2. Declaration The President, acting through the Administration of the Federal Emergency Management Agency, shall be required to declare a wildfire as a catastrophic wildfire, for relief to be available under this Act. 3. Establishment of the federal wildfire relief fund (a) In General The Administrator of the Federal Emergency Management Agency shall establish and carry out a Federal Wildfire Relief Fund, under which the Administrator shall ensure— (1) The adjudication of claims for compensation for damage by a qualifying wildfire under subsections (d), (e), and (f); (2) Compensation is provided in accordance with subsections (d), (e), and (f); and (3) Review, periodically and after the occurrence of a catastrophic wildfire, of the compliance of electric utilities (as defined by section 3(4) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2602(4) )) seeking to access the Electricity Transmission Liability Shield. (b) Claims for qualifying wildfires (1) Authority of Administrator The Administrator shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted by structure owners, insurers, and covered utilities. (2) Independent Claims Manager Upon a determination by the Administrator that a particular wildfire qualifies as a catastrophic wildfire, the Administrator may appoint an independent claims manager to determine the appropriate compensation for each claim arising from such catastrophic wildfire and to distribute compensation. (c) Covered utility compliance with a federal wildfire mitigation plan or state approved wildfire mitigation plan To qualify for compensation under this Act, the Administrator shall determine whether a claimant meets the following requirements: (1) Federal or State Approved Wildfire Mitigation Plans The covered utility for which compensation is being sought was in compliance with State approved wildfire mitigation plans or a Federal wildfire mitigation plan established under subsection (i). (2) Adequate Insurance The damaged structure for which compensation is being sought was adequately insured for not less than 50 percent of the value of the structure. (d) Compensation of structure owners (1) Verification process The Administrator shall establish a process for the verification of structure damage, insurance coverage, and other relevant information. (2) Claim Amount The amount of each claim shall not exceed the amount of the total structure, less— (A) the amount awarded to a structure owner for such damages by a State wildfire recovery fund; and (B) the amount awarded to a structure owner for such damage by a private insurer or covered utility. (3) Compensation limits Structure owners shall be compensated up to 25 percent of their uninsured losses, subject to a 50 percent maximum of their insured losses up to $1,000,0000. (4) Deadline for Compensation Not later that 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount of compensation, if any, to be paid for the claim. (5) Advance payments At the request of a claimant, the Administrator may make 1 or more advance or partial payments before the final settlement of a claim, subject to a preliminary approval and a requirement that repayment shall be required if the claim is rejected. (e) Compensation of insurers An insurer of any structure owner receiving compensation under this section may receive compensation of up to 10 percent of the insurer’s losses on insured structures meeting Federal or State approved wildfire mitigation plans under subsection (c). (f) Compensation of Covered Utilities (1) Recovered A covered utility servicing any structure receiving compensation under this section may receive compensation from the Fund of such amount as the Administrator determines for the losses incurred by the covered utility for the payment of structure owner claims. (2) Limitation to certain claimants Compensation authorized under this subsection shall not exceed 10 percent of the value of the covered utility’s gross assets. (g) Voluntary Participation (1) In general Participation in and receipt of compensation from the Fund shall be voluntary for structure owners and covered utilities. (2) Waiver of Claims To receive compensation under this section, structure owners or insurers shall be required to waive claims against a covered utility in regards to damages stemming from the unique catastrophic wildfire event. (h) Limitation of liability Subject to compliance with Federal and State approved wildfire mitigation plans, liability for damages relating to qualifying catastrophic wildfires shall be limited for covered utility operators to no greater than 10 percent of the value of the gross assets of the covered utility. (i) Wildfire mitigation operating procedures (1) State approved operating plans Covered Utility Wildfire Mitigation and Operating Procedures approved by the state will be the standard in that state for access to the Fund. (A) Covered utilities may submit their approved state plan to the Federal Energy Regulatory Commission. (B) Covered utilities that have significant or prolonged periods of noncompliance with submitting their state approved wildfire mitigation operating procedure will be ineligible to access the liability shield. (2) Federal Energy Regulatory Commission Technical Conference (A) The Federal Energy Regulatory Commission shall establish a process by which covered utilities can get their utility wildfire mitigation operation plan approved if their state does not already have a mitigation plan. (j) Federal jurisdiction over claims related to compensation for qualifying catastrophic wildfires Claims sought outside of the parameters of the Fund, such as covered claims available under State law under which a State court would have jurisdiction shall be the exclusive jurisdiction of a regionally appropriate Federal claims court. 4. Other federal wildfire relief fund limitations (a) Exclusion The Fund shall not compensate for claims requesting compensation for personal injuries or wrongful deaths. (b) Habitable dwellings The Fund shall compensate only for the loss or damage of physical dwelling or business structures that were deemed suitable for habitation or use at the time of the fire. (c) No cap Compensation of damages via the Fund shall not be subject to a cap for any particular qualifying catastrophic wildfire related to repayment of a covered utility. 5. Definitions In this Act: (1) Catastrophic wildfire The term catastrophic wildfire means a wildfire occurring on or after the effective date of this Act that damages or destroys more than 500 residential or commercial structures or causes more than $50,000,000 in damages, or as otherwise determined by the Administrator. (2) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency, or if a manager is appointed, the manager. (3) Covered utility The term covered utility means any electric utility or company that otherwise owns, operates, or maintains electric transmission, distribution, generation, or energy storage equipment.