SB 1075, as amended, Knight. Department of Forestry and Fire Protection: civil cost recovery.
Existing law requires a person, who, among other things, negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire to escape onto any public or private property, to be liable for fire suppression costs incurred in fighting the fire and for rescue or emergency medical services. Existing law authorizes public agencies participating in the fire suppression, rescue, or emergency medical services to designate one or more agencies to bring an action to recover the costs incurred by all the participating agencies. Among other things, the Department of Forestry and Fire Protection is responsible for providing fire protection and prevention. Existing law provides that the General Fund consists of moneys received into the Treasury and not required by law to be credited to any other fund.
This bill would require any
moneys recovered by the department in a civil action described above to be deposited by the department into the Treasurybegin delete to the credit of the General Fundend deletebegin insert, as providedend insert.begin delete This provision would apply retroactively to any moneys recovered and retained by the department prior to January 1, 2015.end deletebegin insert The bill would require the department to make an annual report to the Legislature regarding any moneys recovered in a civil action. The bill would require all moneys in the account in the Special Deposit Fund entitled “Civil Cost Recovery Investigation Support Account” to be immediately be transferred to the General Fund.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 707.1 is added to the Public Resources
2Code, to read:
(a) Any moneys recovered by the department in a civil
4action to recoverbegin insert stateend insert costs related to fire suppression, rescue, or
5emergency medical services pursuant to Section 13009 of the
6Health and Safety Code shall be deposited by the department into
7the Treasurybegin delete to the credit of the General Fundend deletebegin insert as provided in
8Section 16305.2 of the Government Codeend insert.
9(b) Subdivision (a) shall also apply to any moneys recovered
10in a civil action pursuant to Section 13009 of the Health and Safety
11Code, and retained by the department, prior to January 1, 2015.
12(b) (1) Notwithstanding Section 10231.5 of the Government
13Code, the department shall, no later than January 10 of each year,
14submit a report to the Legislature regarding any moneys recovered
15by the department in a civil action, as described in subdivision
16(a), in the prior year. The report shall include, but not be limited
17to, all of the following information:
18(A) Name, date, location, and total costs of the fire, and the
19amount of any federal moneys received.
20(B) Settlement or judgment information including the date and
21total value of the settlement or judgment.
22(C) The amount of the settlement or judgment abated against
23expenses whether state or federal, local remittance, or total
24General Fund recovery including the abatement of expenses or
25miscellaneous revenues.
26(D) Information specifying whether the settlement, if applicable,
27was approved at the
unit, region, or headquarters level.
28(2) A report submitted pursuant to paragraph (1) shall be
29submitted in compliance with Section 9795 of the Government
30Code.
P3 1(c) All moneys in the account in the Special Deposit Fund
2entitled “Civil Cost Recovery Investigation Support Account” shall
3be immediately transferred to the General Fund.
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