SB 167

Under current law, a person may bring a civil action to be compensated for

damages he or she suffers as a result of another's wrongful or negligent act. Parties

to a civil action are generally responsible for paying their own attorney fees, but

current law generally allows a prevailing plaintiff to recover up to $500 for attorney

fees under certain circumstances.

This bill states that, in an action for damages caused by a wind energy system,

the prevailing plaintiff may recover damages for his or her physical and emotional

harm, compensation for loss of property value and for expenses incurred by the

injured person if he or she moves as a result of harms caused by a wind energy

system, and other damages. The bill allows a prevailing plaintiff to recover

reasonable attorney fees. Under the bill, if a wind energy system is located within

one and a half miles from the plaintiff's residence, it is not a defense to the action to

assert that the wind energy system was operating pursuant to an appropriate legal

permit or local governmental approval.