SECTIONS 25370-25382

25370.  "Board," as used in this article, means the CaliforniaVictim Compensation and Government Claims Board.25372.  Any person may apply to the board, pursuant to Section25373, for compensation of a loss caused by the release, inCalifornia, of a hazardous substance if any of the followingconditions are met: (a) The source of the release of the hazardous substance, or theidentity of the party liable for damages in connection therewith orresponsible for the costs of removal of the hazardous substance, isunknown or cannot, with reasonable diligence, be determined. (b) The loss was not compensable pursuant to law, includingChapter 6.5 (commencing with Section 25100), because there is noliable party or the judgment could not be satisfied, in whole orpart, against the party determined to be liable for the release ofthe hazardous substance. (c) The person has presented a written demand for compensation,which sets forth the basis for the claim, to the party which theperson reasonably believes is liable for a loss specified inparagraph (1) of subdivision (a) of Section 25375 which was incurredby that person and is compensable pursuant to this article, theperson has presented the board with a copy of the demand, and, within60 days after presenting the demand, the party has either rejected,in whole or in part, the demand to be compensated for a lossspecified in paragraph (1) of subdivision (a) of Section 25375, orhas not responded to the demand. Only losses specified in paragraph(1) of subdivision (a) of Section 25375 are compensable under a claimfiled pursuant to this subdivision.25373.  The board shall prescribe appropriate forms and proceduresfor claims filed pursuant to this article, which shall include, as aminimum, all of the following: (a) A provision requiring the claimant to make a swornverification of the claim to the best of his or her knowledge. (b) A full description, supported by appropriate evidence fromgovernment agencies of the release of the hazardous substance claimedto be the cause of the physical injury or illness or loss of income. (c) Certification by the claimant of dates and places of residencefor the five years preceding the date of the claim. (d) Certification of the medical history of the claimant for thefive years preceding the date of the claim, along with certificationof the alleged physical injury or illness and expenses for thephysical injury or illness. The certification shall be made byhospitals, physicians, or other qualified medical authorities. (e) The claimant's income as reported on the claimant's federalincome tax return for the preceding three years in order to computelost wages or income. (f) Any person who knowingly gives, or causes to be given, anyfalse information as a part of any such claim shall be guilty of amisdemeanor and shall, upon conviction, be fined up to five thousanddollars ($5,000), or imprisoned for not more than one year, or both.25374.  All decisions rendered by the board shall be in writing,with notification to all appropriate parties, and shall be renderedwithin 90 days of submission of a claim to the board unless all theparties to the claim agree in writing to an extension of time. Thedecision shall be considered a final agency action for the purposesof judicial review of the decision by any party to the proceedingsresulting in the decision.25375.  (a) If the board makes the determination, specified insubdivision (b), that losses resulted from the claimant's damages,injury, or disease, only the following losses are compensablepursuant to this article: (1) One hundred percent of uninsured, out-of-pocket medicalexpenses, for up to three years from the onset of treatment. (2) Eighty percent of any uninsured, actual lost wages, orbusiness income in lieu of wages, caused by injury to the claimant orthe claimant's property, not to exceed fifteen thousand dollars($15,000) per year for three years. (3) One hundred percent of uninsured, out-of-pocket expenses forremedial action on the claimant's property undertaken to address arelease of a hazardous substance when all of the following apply: (A) The claimant's property is an owner-occupied single-familyresidence. (B) The remedial action was ordered by federal, state, or localauthorities due to a release of a hazardous substance. (C) The department makes one of the following determinations: (i) The release of the hazardous substance originated outside theboundaries of the property. (ii) The release of the hazardous substance occurred on theproperty, was the result of an action which violated state or federallaw, and the responsible party cannot be identified or cannot belocated, or a judgment against the responsible party cannot besatisfied. The maximum compensation under this paragraph is limited totwenty-five thousand dollars ($25,000) per residence and to onehundred thousand dollars ($100,000) for five contiguous residentialproperties. Any compensation provided shall be reduced by the amountthat the remedial action results in a capital improvement to theclaimant's residence. (4) One hundred percent of the fair market value of owner-occupiedreal property that is rendered permanently unfit for occupancybecause of the release of a hazardous substance. For purposes of thisparagraph, real property is rendered permanently unfit for occupancyonly if a state or federal agency requires that it be evacuated fora period of six or more months because of the release of a hazardoussubstance. The fair market value of the real property shall bedetermined by an independent appraiser, and shall be considered bythe independent appraiser as being equal to the value of the realproperty prior to the release of the hazardous substance that causedthe evacuation of the property. Where compensation is made by theboard pursuant to this paragraph, sole ownership of the real propertyshall be transferred to the state and any proceeds resulting fromthe final disposition of the real property shall be deposited intothe state account, for expenditure by the department uponappropriation by the Legislature. To be eligible for compensationpursuant to this paragraph, claims for compensation shall be madewithin 12 months of the date on which the evacuation was ordered. (5) One hundred percent of the expenses incurred due to theevacuation of a residence ordered by a state or federal agency. Forpurposes of this paragraph, "evacuation expenses" include the cost ofshelter and any other emergency expenditures incurred due to anevacuation ordered by a state or federal agency. The board mayprovide compensation, pursuant to this paragraph, only if it findsthat the evacuation expenses represent reasonable costs for the goodsor services purchased, and would not have been incurred if anevacuation caused by a hazardous substance release had not occurred.The board may provide compensation for these evacuation expenses onlyif they were incurred within 12 months from the date on whichevacuation was ordered. (b) A loss specified in subdivision (a) is compensable if theboard makes all of the following findings, based upon a preponderanceof the evidence: (1) A release of a hazardous substance occurred. (2) The claimant or the claimant's property was exposed to therelease of the hazardous substance. (3) The exposure of the claimant to the release of the hazardoussubstance was of such a duration, and to such a quantity of thehazardous substance, that the exposure caused the damages, injury, ordisease which resulted in the claimant's loss. (4) For purposes of paragraphs (4) and (5) of subdivision (a), thehazardous substance release, or the order which resulted in theclaim for compensation occurred on or after January 1, 1986. (5) The conditions and requirements of this article including, butnot limited to, the conditions of Sections 25372 and 25373, havebeen met. (c) No money shall be used for the payment of any claim authorizedby this chapter, where the claim is the result of long-term exposureto ambient concentrations of air pollutants.25375.5.  (a) Except as specified in subdivision (b), the proceduresspecified in Article 8 (commencing with Section 11435.05) of Chapter4.5 of Part 1 of Division 3 of Title 2 of, and in Section 11513 of,the Government Code apply to the proceedings conducted by the boardpursuant to this article. (b) Notwithstanding subdivision (a), Sections 801, 802, 803, 804,and 805 of the Evidence Code apply to the proceedings conducted bythe board pursuant to this article. (c) The board may consider evidence presented by any personagainst whom a demand was made pursuant to subdivision (c) of Section25372. The evidence presented by that person shall become a part ofthe record upon which the board's decision shall be based.25376.  No claim may be presented to the board pursuant to thisarticle later than three years from the date of discovery of the lossor from January 1, 1982, whichever is later.25377.  Nothing in this article shall require, or be deemed torequire, pursuit of any claim against the board as a conditionprecedent to any other remedy.25378.  (a) Compensation of any loss pursuant to this article shallpreclude indemnification or reimbursement from any other source forthe identical loss, and indemnification or reimbursement from anyother source shall preclude compensation pursuant to this article. (b) If a claimant recovers any compensation from a party in acivil or administrative action for a loss for which the claimant hasreceived compensation pursuant to this article, the claimant shallreimburse the state account in an amount equal to the compensationwhich the claimant has received from the state account pursuant tothis article. The Attorney General may bring an action against theclaimant to recover the amount which the claimant is required toreimburse the state account, and until the account is reimbursed, thestate shall have a lien of first priority on the judgment or awardrecovered by the claimant. If the state account is reimbursedpursuant to this subdivision, the state shall not acquire, bysubrogation, the claimant's rights pursuant to Section 25380. (c) The Legislature hereby finds and declares that it is thepurpose of this section to prevent double recovery for a losscompensable pursuant to this article.25379.  (a) The following evidence is not admissible as evidence inany civil or criminal proceeding, including a subrogation action bythe state pursuant to Section 25380, to establish the liability ofany person for any damages alleged to have been caused by a releaseof a hazardous substance: (1) A final decision made by the board pursuant to this article. (2) A decision made by the board to admit or not admit anyevidence. (3) Any finding of fact or conclusion of law entered by the boardin a proceeding for a claim pursuant to this article. (4) The fact that any person has done any of the following in aproceeding for a claim pursuant to Section 25372: (A) Chosen to participate or appear. (B) Chosen not to participate or appear. (C) Failed to appear. (D) Settled or offered to settle the claim. (b) Subdivision (a) does not apply to any civil action or writ bya claimant against the board for any act, decision, or failure to acton a claim submitted by the claimant.25380.  Compensation of any loss pursuant to this article shall besubject to the state's acquiring, by subrogation, all rights of theclaimant to recover the loss from the party determined to be liabletherefor. Upon the request of the board, the Attorney General shallcommence an action in the name of the people of the State ofCalifornia to recover any amount paid in compensation for any losspursuant to this article against any party who is liable to theclaimant for any loss compensable pursuant to this article inaccordance with the procedures set forth in Sections 25360 to 25364,inclusive. Moneys recovered pursuant to this section shall bedeposited in the state account.25381.  (a) The board shall, in consultation with the department,adopt, and revise when appropriate, all rules and regulationsnecessary to implement this article, including methods that providefor establishing that a claimant has exercised reasonable diligencein satisfying the conditions specified in Sections 25372, 25373,25375, and 25375.5, and regulations that specify the proof necessaryto establish a loss compensable pursuant to this article. (b) Claims approved by the board pursuant to this article shall bepaid from the state account. (c) The Legislature may appropriate up to two million dollars($2,000,000) annually from the state account to be used by the boardfor the payment of awards pursuant to this article. (d) Claims against or presented to the board shall not be paid inexcess of the amount of money appropriated for this purpose from thestate account. These claims shall be paid only when additional moneyis collected, appropriated, or otherwise added to that account.25382.  The board may expend from the state account those sums ofmoney as are reasonably necessary to administer and carry out thisarticle.