Section 65A-3-4 - Liability for causing wildland fires(1) As used in this section: (a) "Electric cooperative" means the same as that term is defined in Section 54-24-102.(b) "Electrical transmission wildland fire protection plan" means a wildland fire protection plan, as defined in Section 54-24-102, that is:(i) prepared and submitted by a qualified utility and approved as provided in Section 54-24-201; or(ii) prepared and submitted by an electric cooperative and approved as provided in Section 54-24-203.(c) "Qualified utility" means the same as that term is defined in Section 54-17-801.(2)(a) Except as provided in Subsection (3), a person who negligently, recklessly, or intentionally causes or spreads a wildland fire shall be liable for the cost of suppressing that wildland fire, regardless of whether the fire begins on: (ii) land owned by the state;(b) The conduct described in Subsection (2)(a) includes any negligent, reckless, or intentional conduct, and is not limited to conduct described in Section 65A-3-2.(3) In an action under this section to recover for property damage resulting from a wildland fire or to recover the cost of fire suppression resulting from a wildland fire, a qualified utility or electric cooperative may not be considered to have negligently caused a wildland fire if:(a)(i) the electrical transmission wildland fire protection plan of the qualified utility or electric cooperative identifies and addresses the cause of the wildland fire for fire mitigation purposes; and(ii) at the origin of the wildland fire, the qualified utility or electric cooperative has completed the fire mitigation work identified in the electrical transmission wildland fire protection plan, including:(A) inspection, maintenance, and repair activities;(B) modifications or upgrades to facilities or construction of new facilities;(C) vegetation management work; and(D) preventative programs; or(b)(i) the qualified utility or electric cooperative is denied or delayed access to a right-of-way on land owned by the state, a federal agency, or a tribal government after the qualified utility or electric cooperative requests access to the right-of-way to perform vegetation management or fire mitigation work in accordance with an electrical transmission wildland fire protection plan; and(ii) the electrical transmission wildland fire protection plan identifies and addresses the cause of the wildland fire for fire mitigation purposes.(4) A person who incurs costs to suppress a wildland fire may bring an action under this section to recover those costs.(5)(a) A property owner who suffers damages resulting from a wildland fire may bring an action under this section to recover those damages.(b) An award for damages to real property resulting from a wildland fire, including the loss of vegetation, shall be the lesser of: (i) the cost to restore the real property to its pre-wildland fire condition; or(ii) the difference between: (A) the fair market value of the real property before the wildland fire; and(B) the fair market value of the real property after the wildland fire.(6) A person who suffers damage from a wildland fire may pursue all other legal remedies in addition to seeking damages under Subsection (4) or (5).Amended by Chapter 162, 2020 General Session ,§ 7, eff. 5/12/2020.Amended by Chapter 361, 2012 General Session ,§ 4, eff. 5/8/2012.Enacted by Chapter 121, 1988 General Session