§ 80995. — 80995. (Added by Stats. 2022, Ch. 257, Sec. 2.)

California § 80995.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 45.: DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE
• Part 2.: PART 2. HAZARDOUS SUBSTANCE ACCOUNT
• Ch. 12.: CHAPTER 12. Compensation
• Art. 5.: ARTICLE 5. Relationship to Other Remedies

Text

(a)
Compensation of any loss pursuant to this chapter shall preclude indemnification or reimbursement from any other source for the identical loss, and indemnification or reimbursement from any other source shall preclude compensation pursuant to this chapter.
(b)
If a claimant recovers any compensation from a party in a civil or administrative action for a loss for which the claimant has received compensation pursuant to this chapter, the claimant shall reimburse the state account in an amount equal to the compensation that the claimant has received from the state account pursuant to this chapter. The Attorney General may bring an action against the claimant to recover the amount that the claimant is required to reimburse the state
account, and until the account is reimbursed, the state shall have a lien of first priority on the judgment or award recovered by the claimant. If the state account is reimbursed pursuant to this subdivision, the state shall not acquire, by subrogation, the claimant’s rights pursuant to Article 7 (commencing with Section 81030).
(c)
The Legislature hereby finds and declares that it is the purpose of this section to prevent double recovery for a loss compensable pursuant to this chapter.

Legislative History

Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.