FastPay in SB 492 aims to speed survivor payments while preserving right to sue

Senator Becker told the committee SB 492 includes a FastPay process intended to shorten the time wildfire survivors wait for compensation while preserving their right to sue. "We believe that this proposal, this fast pay in this bill, does do that," he said when describing the bill’s survivor-focused provisions.

Pro Tem staff explained how the bill balances FastPay with litigation rights: parties may file a court claim and proceed through discovery, and if they have filed the claim before a specified pause they can still reject any FastPay offer and continue their lawsuit after discovery. Staff described benchmark timelines (examples cited by staff include 40–45 day notices and at least a 45-day procedural benchmark for certain steps) intended to keep offers timely without foreclosing litigation.

Members raised practical concerns for survivors who are overwhelmed, lack documentation, or face long insurance claims processes. Assemblymember Rogers asked what happens to people who miss application windows; staff said the bill extends eligibility up to about a year in some scenarios but that detailed timelines and outreach requirements will matter to ensure late or incapacitated survivors are not disadvantaged.

Several members pressed whether the FastPay program will cap non-economic damages or otherwise constrain recoveries compared with courtroom outcomes. Witnesses noted that earlier utility-run FastPay pilots processed substantial sums but included caps and optional take-up; the committee repeatedly returned to trade-offs between faster payment and potential reduced recoveries.

No formal action was taken; members requested more specific language and data on program take-up, timelines, and safeguards for survivors before any final legislative vote.