BILL NUMBER: AB 578	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 16, 2011

   An act to add Section 8690.8 to the Government Code, relating to
disaster assistance, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 578, as introduced, Hill. Disaster assistance: emergencies.
   Existing law establishes the Disaster Response-Emergency
Operations Account in the Special Fund for Economic Uncertainties,
and continuously appropriates moneys in the account for allocation by
the Director of Finance to state agencies for qualifying disaster
response operation costs for specified activities.
   This bill would establish the Debris Removal Account in the
Special Fund for Economic Uncertainties, and would continuously
appropriate moneys in the account for allocation by the Director of
Finance to the Department of Resources Recycling and Recovery for
qualifying debris removal service costs incurred as a result of a
proclamation by the Governor of a state of emergency.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8690.8 is added to the Government Code, to
read:
   8690.8.  (a) The Debris Removal Account is hereby established in
the Special Fund for Economic Uncertainties. Notwithstanding Section
13340, moneys in the account are continuously appropriated, subject
to the limitations specified in subdivisions (c) and (d), without
regard to fiscal years, for allocation by the Director of Finance to
the Department of Resources Recycling and Recovery for debris removal
services costs incurred as a result of a proclamation by the
Governor of a state of emergency, as defined in subdivision (b) of
Section 8558. These allocations may be for activities that occur
within 120 days after a proclamation of emergency by the Governor.
The department shall receive funds under this section only if all of
the criteria set out below are met:
   (1) A proclamation by the Governor of a state of emergency, as
defined in subdivision (b) of Section 8558, specifically tasks the
department to render services and perform duties related to debris
removal as part of an emergency recovery effort.
   (2) A local emergency, as defined in subdivision (c) of Section
8558, is proclaimed by the governing body of the city, county, or
city and county, or by an official so designated by ordinance adopted
by the governing body to issue the proclamation.
   (3) The local governing body requests the assistance of the
department.
   (b) The Debris Removal Account shall have an unencumbered balance
of one million dollars ($1,000,000) at the beginning of each fiscal
year. If this account requires additional moneys to meet claims
against the account, the Director of Finance may transfer moneys from
the Special Fund for Economic Uncertainties to the account in an
amount sufficient to pay the amount of the claims that exceed the
unencumbered balance in the account.
   (c) Funds shall be allocated from the account subject to the
conditions of this section and upon notification by the Director of
Finance to the Chairperson of the Joint Legislative Budget Committee
and the chairpersons of the fiscal committees in each house.
   (d) Notwithstanding any other law, authorizations for
acquisitions, relocations, and environmental mitigations related to
activities, as described in subdivision (a), shall be authorized
pursuant to this section. However, these funds shall be authorized
only for needs that are a direct consequence of the proclaimed
emergency if failure to undertake the project may interrupt essential
state services or jeopardize public health or safety. In addition,
any acquisition accomplished under this subdivision shall comply with
any otherwise applicable law, except as provided in the first
sentence of this subdivision.
   (e) Funds allocated under this section shall not be used to
supplant federal funds otherwise available in the absence of state
financial relief.
   (f) The amount of financial assistance provided to an individual,
business, or governmental entity under this section, or pursuant to
any other program of state-funded disaster assistance, shall be
deducted from sums received in payment of damage claims asserted by
the individual, business, or governmental entity against the state,
its agents, or employees, for causing or contributing to the effects
of the proclaimed disaster.