Section 25375 Of Article 7. Compensation From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 7.
25375
. (a) If the board makes the determination, specified in
subdivision (b), that losses resulted from the claimant's damages,
injury, or disease, only the following losses are compensable
pursuant to this article:
(1) One hundred percent of uninsured, out-of-pocket medical
expenses, for up to three years from the onset of treatment.
(2) Eighty percent of any uninsured, actual lost wages, or
business income in lieu of wages, caused by injury to the claimant or
the 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 for
remedial action on the claimant's property undertaken to address a
release of a hazardous substance when all of the following apply:
(A) The claimant's property is an owner-occupied single-family
residence.
(B) The remedial action was ordered by federal, state, or local
authorities 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 the
boundaries of the property.
(ii) The release of the hazardous substance occurred on the
property, was the result of an action which violated state or federal
law, and the responsible party cannot be identified or cannot be
located, or a judgment against the responsible party cannot be
satisfied.
The maximum compensation under this paragraph is limited to
twenty-five thousand dollars ($25,000) per residence and to one
hundred thousand dollars ($100,000) for five contiguous residential
properties. Any compensation provided shall be reduced by the amount
that the remedial action results in a capital improvement to the
claimant's residence.
(4) One hundred percent of the fair market value of owner-occupied
real property that is rendered permanently unfit for occupancy
because of the release of a hazardous substance. For purposes of this
paragraph, real property is rendered permanently unfit for occupancy
only if a state or federal agency requires that it be evacuated for
a period of six or more months because of the release of a hazardous
substance. The fair market value of the real property shall be
determined by an independent appraiser, and shall be considered by
the independent appraiser as being equal to the value of the real
property prior to the release of the hazardous substance that caused
the evacuation of the property. Where compensation is made by the
board pursuant to this paragraph, sole ownership of the real property
shall be transferred to the state and any proceeds resulting from
the final disposition of the real property shall be deposited into
the state account, for expenditure by the department upon
appropriation by the Legislature. To be eligible for compensation
pursuant to this paragraph, claims for compensation shall be made
within 12 months of the date on which the evacuation was ordered.
(5) One hundred percent of the expenses incurred due to the
evacuation of a residence ordered by a state or federal agency. For
purposes of this paragraph, "evacuation expenses" include the cost of
shelter and any other emergency expenditures incurred due to an
evacuation ordered by a state or federal agency. The board may
provide compensation, pursuant to this paragraph, only if it finds
that the evacuation expenses represent reasonable costs for the goods
or services purchased, and would not have been incurred if an
evacuation caused by a hazardous substance release had not occurred.
The board may provide compensation for these evacuation expenses only
if they were incurred within 12 months from the date on which
evacuation was ordered.
(b) A loss specified in subdivision (a) is compensable if the
board makes all of the following findings, based upon a preponderance
of the evidence:
(1) A release of a hazardous substance occurred.
(2) The claimant or the claimant's property was exposed to the
release of the hazardous substance.
(3) The exposure of the claimant to the release of the hazardous
substance was of such a duration, and to such a quantity of the
hazardous substance, that the exposure caused the damages, injury, or
disease which resulted in the claimant's loss.
(4) For purposes of paragraphs (4) and (5) of subdivision (a), the
hazardous substance release, or the order which resulted in the
claim for compensation occurred on or after January 1, 1986.
(5) The conditions and requirements of this article including, but
not limited to, the conditions of Sections 25372 and 25373, have
been met.
(c) No money shall be used for the payment of any claim authorized
by this chapter, where the claim is the result of long-term exposure
to ambient concentrations of air pollutants.