BILL NUMBER: AB 578INTRODUCED 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.