HB 2402

ON APRIL 13, 2026, THE SENATE ADOPTED AMENDMENTS #1 AND #4 AND PASSED SENATE BILL 2658, AS AMENDED. AMENDMENT #1 rewrites this bill to make certain additions to present law for emergency utility workers. For purposes of this amendment, an "emergency utility worker"" is an individual who: (1) Is employed by, or acting as an authorized contractor for, a privately, publicly, or cooperatively owned facility or system used to transmit or distribute communications, electricity, gas, liquids, steam, sewerage, or other materials to the public; and (2) Is engaged in the installation, maintenance, repair, or restoration of such facilities or systems during a state of emergency declared by the governor that is based on a natural emergency. During a state of emergency declared by the governor, this amendment authorizes an emergency utility worker to travel upon public roads and enter areas subject to curfew or restricted access orders when such access is necessary to perform emergency utili ties restoration activities. This amendment requires state and local law enforcement agencies to allow reasonable access upon presentation of employer or contractor credentials by the emergency utility worker; provided, that law enforcement may address a n immediate threat to public safety unrelated to emergency utilities restoration. Under present law, it is a Class A misdemeanor offense, punishable by a mandatory fine of $5, 000 and a minimum 30 days incarceration, for a person to assault a first responder who is discharging or attempting to discharge the first responder's duties. T he offense is enhanced to aggravated assault against a first responder, which carries a mandatory fine of $15, 000 and a minimum 90 days incarceration, if the assault results in serious bodily injury or death of the first responder, or involved a deadly we ap on or strangulation. This amendment adds emergency utility workers to the definition of ""first responder"" for purposes of such offenses. This amendment provides civil immunity to an emergency utility worker and the emergency utility worker's employer for an act or omission committed in good faith while engaged in emergency utilities restoration activities during a state of emergency decla red by the governor that is based on a natural emergency. The immunity provided by this amendment does not apply to acts or omissions that constitute: (1) Willful misconduct; (2) Gross negligence; or (3) Conduct unrelated to emergency utilities restoration activities. This amendment specifies that the grant of civil immunity to emergency utility workers and their employers does not: (1) Create a duty to act; (2) Affect liability for the operation of a motor vehicle, except as otherwise provided by law; or (3) Create a private right of action. AMENDMENT #4 clarifies that the civil immunity created for an emergency utility worker and the emergency utility worker's employer extends only to damage resulting from an act or omission of the emergency utility worker, committed in good faith, while en gaged in emergency utilities restoration activities during a state of emergency declared by the governor that is based on a natural emergency. This amendment does not provide an employer of an emergency utility worker immunity from civil liability for th e negligent acts or omissions of the employer or of the emergency utility worker. ON APRIL 20, 2026, THE HOUSE SUBSTITUTED SENATE BILL 2658 FOR HOUSE BILL 2402, ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 2658, AS AMENDED. AMENDMENT #2 clarifies that the bill does not limit the authority of state and local law enforcement to prohibit access for a valid law enforcement purpose, rather than for an immediate threat to public safety unrelated to emergency utilities restoration. ON APRIL 22, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT # 2 ."