Legislature Resists Strong Influences, Safeguards Survivors' Rights and Turns Down Utility Relief

/PRNewswire/ - At 7:26 this morning, the California Legislature released the updated version of SB 492, marking a significant triumph for wildfire survivors, insurance policyholders and California families.

The revised legislation, sponsored by Senator Josh Becker and Assemblymember Cottie Petrie-Norris, dismisses the damaging measures suggested this summer and upholds survivors' core rights to pursue accountability from utilities for fires they ignite.

Every Fire Survivor's Network and Consumer Watchdog today conveyed deep appreciation to the California Senate and Assembly for heeding actual fire survivors, prioritizing California families and resisting pressure from some of the state's most influential entities.

This is democracy in action. For weeks, wildfire survivors coordinated, advocated and journeyed to Sacramento to ensure their perspectives were considered. More than 4,700 individuals and organizations representing 3.5 million Americans participated in the effort at DearNewsom.org to challenge the utility relief plan. Journalists highlighted the implications. Californians voiced their concerns. And our elected officials responded, considered and took action.

The newly released legislation:

Does not restrict the economic or noneconomic damages survivors may obtain.
Does not bar recovery for smoke-damage survivors beyond an arbitrary fire-perimeter boundary.
Does not restrict local governments' capacity to seek compensation from utilities responsible for fires.
Does not restrict private businesses' capacity to seek compensation from utilities responsible for fires.
Does not restrict insurance companies' ability to seek recovery from utilities, which would have transferred the expenses of utility-caused fires to policyholders.
Does not restrict the contingency fees of attorneys representing individual wildfire survivors.

Instead, SB 492 creates a Fast Pay initiative designed to assist survivors in obtaining compensation more rapidly. Importantly, the final wording permits survivors to initiate lawsuits and continue with discovery, maintaining the vital evidence collection that allows survivors, regulators, courts and the public to identify how a fire began and ensure the responsible utility is held accountable. Only after discovery would a limited pause apply while a survivor finishes the Fast Pay process.

"Survivors from across California traveled to Sacramento and urged our elected representatives to support the people whose homes, communities and lives have been destroyed," said Joy Chen, Executive Director of Every Fire Survivor's Network. "They listened. And in the face of extraordinary pressure from some of the most powerful interests in our state, they centered survivors and California families."

"We are profoundly grateful, especially to Senate pro Tem Monique Limón for her leadership," Chen continued. "Our legislators showed Californians what representative democracy can look like when elected leaders listen to the people they serve. This is an enormous victory for every Californian who could become the victim of the next utility-caused fire."

"The California Legislature deserves tremendous credit for standing up for wildfire survivors and consumers in the face of intense political pressure," said Jamie Court, President of Consumer Watchdog. "Senate and Assembly leaders protected Californians' rights and refused to make families pay for fires caused by utilities. This was a remarkable display of courage by our elected representatives. Senate pro Tem Monique Limón, in particular, deserves tremendous respect for standing up for the interests of consumers and survivors."

The legislation leaves California's most urgent wildfire problem unresolved: Three for-profit utility monopolies have caused three of the five costliest wildfires in world history and keep burning down California communities.

When the Legislature returns in January, survivors and consumer advocates look forward to addressing that fundamental question: How do we stop these companies from causing the next catastrophic fire?

Every Fire Survivor's Network's Survivor-First Proposal offers concrete solutions to strengthen prevention, ensure utilities properly spend the billions collected annually for wildfire mitigation, increase accountability and protect the people harmed when utilities fail.

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SOURCE Consumer Watchdog