AB 1906: Voluntary stream restoration: property owner liability: indemnification: claims.

Existing law requires a qualifying state agency, as defined, that funds a project to restore fish and wildlife habitats to indemnify and hold harmless a real property owner who voluntarily allows their real property to be used for the project from civil liability for property damage or personal injury resulting from the project if the project qualifies for a specified exemption and meets specified requirements. Existing law authorizes a qualifying state agency to indemnify and hold harmless a real property owner who voluntarily allows their real property to be used for that project from civil liability for property damage or personal injury resulting from the project in the case the project does not meet the specified exemption. Existing law requires the costs of any civil liability incurred by a qualifying state agency to be promptly paid from the General Fund, and requires those costs to be submitted as a claim by the real property owner to the Department of General Services pursuant to specified provisions. Existing law requires costs incurred by a qualifying state agency in investigating and defending against a claim by a real property owner to be paid from the General Fund.

This bill would require costs incurred by a qualifying state agency in settling, in addition to investigating and defending against, a claim by a real property owner to be paid from the General Fund. The bill would subject the payment of those costs to certain requirements.

This bill would declare that it is to take effect immediately as an urgency statute.