Title 49, PUBLIC UTILITIES AND CARRIERS

No covered utility that arranges for a lender to make a loan to, or an installer to perform work for an eligible customer is liable in any cause of action between such customer and such lender or installer, unless the utility is the lender or installer. No covered utility is liab…

The office shall compile and update periodically a master record of suppliers, installers, and lenders who agree to participate in and meet the requirements of the program. The office shall follow the provisions in the state plan with regard to removal procedures from the master …

Terms used in this chapter mean: (1) "Adequate remediation," corrective action by an electric utility that results in, and is reasonably likely to sustain, a reduction of stray current or voltage attributable to the electric utility's distribution system of fifty percent or less …

Within twelve months of July 1, 2015, the commission shall promulgate rules, pursuant to chapter 1-26 , concerning: (1) Acceptable standards for measurements of stray voltage; (2) Procedures and requirements for testing used to measure stray voltage; (3) Responsibilities of dairy…

Any dairy producer in this state who claims that the producer's dairy cows are being affected by any form or type of electrical energy allegedly attributable to an electric utility including, without limitation, stray current or voltage, shall, as a condition precedent to commenc…

A dairy producer or utility may file a complaint with the commission claiming that there has been a failure to comply with this chapter. The commission has exclusive, initial jurisdiction to determine: (1) Whether the dairy producer has provided the requisite notice to the electr…

If, after hearing, the commission determines that a dairy producer made or pursued a claim in bad faith or for purposes of harassment of the utility, the commission shall require the dairy producer to pay the utility's actual costs of investigation. If, after hearing, the commiss…

No civil action may be commenced by a dairy producer against an electric utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of § 49-47-3 , and the commission has issued an o…

In any civil action against an electric utility for damages pursuant to this chapter, a dairy producer is limited to those damages which were incurred by the dairy producer during that period of time commencing twelve months prior to the dairy producer's provision of notice to th…

Any claim against an electric utility for damages due to stray current or voltage is limited to a claim of negligence, including in the case of a prior determination of the commission pursuant to § 49-47-4 or 49-47-5 , negligence per se. In determining whether the utility was neg…

Terms used in this chapter mean: (1) "Electric facility," infrastructure in this state used for the distribution, generation, or transmission of electric power, including an energy conversion facility, as defined in § 49-41B-2 , and any equipment or facilities used by an electric…

A prohibited person may not control, operate, or own, in whole or in part, an electric facility. An electric facility controlled, operated, or owned in violation of this chapter is subject to forfeiture pursuant to § 49-48-5 and in accordance with the provisions of chapter 23A-49…

Any prohibited person that acquires, including by devise or descent, any interest in an electric facility, in violation of this chapter, shall fully divest the interest within one year from the date of acquisition. Source: SL 2026, ch 188 , § 3.

Upon receiving notice regarding an alleged violation of this chapter, the commission may investigate the allegation and, if the allegation is substantiated, may bring an action pursuant to § 49-48-5 . To pursue the action, the commission may apply to the circuit court of Hughes C…

The commission, or a receiver appointed pursuant to § 49-48-4 , may bring an action, pursuant to title 15, in the circuit court of Hughes County, to enforce the forfeiture or divestiture of a prohibited person's interest in the electric facility or to terminate an agreement in vi…

Notwithstanding any other provision of this chapter, title to an electric facility is not invalidated nor is the electric facility subject to forfeiture solely by reason of the alienage of any former operator or owner. Source: SL 2026, ch 188 , § 6.

Terms used in this chapter mean: (1) "Approval authority," in the case of an electric cooperative, its board of directors, or in the case of a municipal utility, its city council or city commission, as the case may be; (2) "Commission," the Public Utilities Commission of the Stat…

A qualified utility that is not an electric cooperative or municipal utility may submit a wildfire mitigation plan to the commission for filing and publishing. The commission shall file and publish on its website all wildfire mitigation plans submitted to it within one hundred tw…

A qualified utility with a published wildfire mitigation plan shall submit an annual report detailing the qualified utility's compliance with its wildfire mitigation plan for the previous calendar year to the commission or to its approval authority, no later than June first of ea…

A wildfire mitigation plan must include, at a minimum: (1) A description of areas within the service territory or facility locations of the qualified utility, which may be subject to a heightened risk of wildfire; (2) A description of the procedures or strategies, standards, and …

The commission may authorize a public utility as defined in subdivision 49-34A-1 (12) to recover in rates all prudently incurred investments and expenditures, including the costs of capital, made to implement an approved wildfire mitigation plan. Cost recovery for wildfire mitiga…

A standard of strict liability may not be applied to a qualified utility in any cause of action alleging that the qualified utility caused wildfire-related damages. A qualified utility's facilities and activities may not be considered ultra-hazardous or abnormally dangerous. A pl…

A person who obtains payment for damages resulting from wildfire pursuant to a policy of insurance is deemed to have been made whole exclusively for purposes of an insurer's right to subrogation. In all other respects, the law of the state on matters of subrogation is applicable.…

For purposes of this chapter, "data center" means a centralized repository for the dissemination, management, processing, and storage of electronic data and information, with a peak demand of ten megawatts or greater. Source: SL 2026, ch 190 , § 2.

A provider of electricity shall establish and maintain separate terms and conditions for electric service applicable to a data center. The terms and conditions must require that the data center reimburse any provider of electricity for all costs fairly attributed to the data cent…

The state may not preempt or otherwise limit the authority of the governing body of a county, municipality, or other political subdivision to adopt ordinances and resolutions limiting, prohibiting, or otherwise regulating the construction, development, or operation of data center…

Prior to commencing operation in this state, the operator of a data center shall provide notice of projected water consumption to each local water provider in the area in which the data center is proposed to be located. Each water provider receiving notice pursuant to this sectio…

The operator of a data center that is authorized to operate in this state pursuant to this chapter, shall, at the time and in the manner prescribed by the Board of Water Management, submit to the board a semi-annual report regarding the data center's water use. The report must co…