2005 California Government Code Sections 998-998.3 ACCOUNT

998.  The Legislature finds and declares that in order to alleviate
the economic and social disruptions arising out of the Lake Davis
Northern Pike Eradication Project, it is necessary and appropriate to
create a special account within the Special Deposit Fund for payment
of economic and infrastructure assistance to the City of Portola and
the County of Plumas, and for all other claims arising out of that
project.  The Legislature hereby appropriates to the office of the
Attorney General in the Department of Justice the sum of nine million
one hundred seventy-six thousand dollars ($9,176,000) from the
General Fund to the special account within the Special Deposit Fund,
to be known as the Lake Davis Northern Pike Eradication Project
Relief Account, to pay these claims as apportioned in Section 998.1.
   It is the purpose of this part to compensate the above claimants
without regard to legal liability, fault, or responsibility, and
without the necessity of litigation against the State of California,
or its agencies, officers, or employees.  It is the further intent of
the Legislature that all valid claims shall be negotiated for
settlement purposes fairly and promptly.  Nothing in this part shall
be construed as an admission of legal liability, responsibility, or
fault on the part of the State of California, or any of its agencies,
officers, or employees.
998.1.  (a) The sum of two million eight hundred sixty-seven
thousand six hundred sixty-seven dollars ($2,867,667) is hereby
transferred from the Lake Davis Northern Pike Eradication Project
Relief Account to the City of Portola to provide economic and
infrastructure assistance and in satisfaction of the City of Portola'
s claims against the State of California or its agencies, officers,
and employees for all alleged damage or injury it claims to have
suffered as a result of the Lake Davis Northern Pike Eradication
Project.  This sum of money is being paid in accordance with the
terms of a settlement agreement and release to be entered into
between the City of Portola and the State of California, and shall be
reduced by any amounts already expended by the State of California
or the Department of Fish and Game pursuant to any agreement with the
City of Portola concerning the provision of alternate water
supplies.  With respect to the Lake Davis Northern Pike Eradication
Project, and except as otherwise provided in that agreement, all
obligations imposed upon the State of California by any such
memoranda and by Section 116751 of the Health and Safety Code shall
terminate upon enactment of this part.
   (b) The sum of two million fifty-eight thousand three hundred
thirty-three dollars ($2,058,333) is hereby transferred from the Lake
Davis Northern Pike Eradication Project Relief Account to the County
of Plumas to provide economic and infrastructure assistance and in
satisfaction of the County of Plumas' and Plumas County Flood Control
and Water Conservation District's claims against the State of
California and its agencies, officers, and employees for all alleged
damage or injury they claim to have suffered as a result of the Lake
Davis Northern Pike Eradication Project.  This sum of money is being
paid in accordance with the terms of a settlement agreement and
release between the County of Plumas and Plumas County Flood Control
and Water Conservation District and the State of California, and
shall be reduced by any amounts already expended by the State of
California or the Department of Fish and Game pursuant to any
agreement with the County of Plumas concerning the provision of
alternate water supplies.  With regard to the Lake Davis Northern
Pike Eradication Project, and except as provided in that agreement,
all obligations imposed upon the State of California by such
Memoranda and by Section 16751 of the Health and Safety Code, shall
terminate upon enactment of this part.
   (c) The sum of two hundred fifty thousand dollars ($250,000) shall
be transferred from the Lake Davis Northern Pike Eradication Project
Relief Account to the County of Plumas to be used as matching funds
for the purpose of obtaining a loan or grant from the State
Department of Health Services pursuant to Chapter 4.5 (commencing
with Section 116760) of Part 12 of Division 104 of the Health and
Safety Code to make improvements to the Lake Davis Water Treatment
Plant.  The funds shall be deposited in an interest bearing account
and held until the county enters into an agreement with the State
Department of Health Services for a loan or grant.  If the
improvements requested by the County of Plumas are not eligible for a
loan or grant, the sum of two hundred fifty thousand dollars
($250,000), plus any interest earned, shall be returned to the
General Fund.
   (d) The sum of four million dollars ($4,000,000) shall be
available from the Lake Davis Northern Pike Eradication Project
Relief Account to pay all other claims including, but not limited to,
claims for personal injury, property damage, or business loss,
arising out of the Lake Davis Northern Pike Eradication Project.  Any
unused funds, plus any interest earned, shall revert to the General
Fund.
998.2.  (a) Any person or business may file an application with the
State Board of Control for compensation based on personal injury,
property loss, business loss, or other economic loss, claimed to have
been incurred as a result of the Lake Davis Northern Pike
Eradication Project.  Any application made pursuant to this section
shall be presented to the board in accordance with this division.  A
late claim may be presented to the board pursuant to the procedure
specified by Section 911.4.  Each such application shall contain in
addition to the information required by Section 910, all of the
following:
   (1) The legal name of any business claiming a loss, as well as the
names of the owners and officers of the business; for any property
owner claiming diminution of property value, the names of all persons
holding a legal interest in the property; and the name of any person
claiming to have suffered personal injury.
   (2) An authorization permitting the office of the Attorney General
or its designee to obtain relevant medical, employment, business,
property, and tax records.
   (3) A brief statement describing when, where, and how the injury,
loss, or diminution in market value occurred.
   (b) Upon receipt of an application presented pursuant to this
section from the State Board of Control, the office of the Attorney
General or its designee shall examine the application and may require
the applicant to submit additional information or documents which
are necessary to verify and evaluate the application.  The office of
the Attorney General or its designee shall attempt to resolve an
application within six months from the effective date of this part
unless this period of time is extended by mutual agreement between
the office of the Attorney General or its designee and the applicant.
  Any application that does not result in a final settlement
agreement within the resolution period shall be deemed denied,
allowing the claimant to proceed with a court action pursuant to
Chapter 2 (commencing with Section 945) of Part 4.
   (c) The office of the Attorney General or its designee shall adopt
guidelines in consultation with one representative designated by the
City of Portola, one representative designated by the County of
Plumas, and one member of the public to be selected jointly by the
city and the county.  Any guidelines so developed shall be used to
evaluate and settle claims filed pursuant to this part.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2, any regulations adopted thereunder by the
Attorney General in order to implement this section shall not be
subject to the review and approval of the Office of Administrative
Law, nor subject to the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340), Chapter 4 (commencing with Section
11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2).
   (d) Any court action following denial of an application, including
denial pursuant to subdivision (b), shall be filed within six months
of the mailing date of the board's rejection or denial of the
application or the applicant's rejection of the board's offer
pursuant to Section 945.6 or subdivision (b) of Section 998.3.
   (e) Any claim pursuant to Part 3 (commencing with Section 900)
made before or after the effective date of this part for personal
injury, property loss, business loss, or other economic loss
resulting from the Lake Davis Northern Pike Eradication Project
against the State of California, it agencies, officers, or employees,
shall be deemed to be an application under this part and is subject
to the provisions set forth in this part.  Additionally, any
application made pursuant to this part shall be deemed to be in
compliance with Part 3 (commencing with Section 900).
   (f) Notwithstanding any other provision of law, the resolution or
denial of an application pursuant to this part is a condition
precedent to the filing of any action for personal injury, property
damage, business loss, or other economic loss, resulting from the
Lake Davis Project in any court of the State of California, against
the State of California, it agencies, officers, or employees.  Any
suit filed by an applicant in any court of this state against the
State of California or its agencies, officers, or employees shall be
stayed pending resolution or denial of the application.
998.3.  (a) If the office of the Attorney General or its designee
determines that an applicant pursuant to this part is eligible for
compensation, upon receipt of all information it deems necessary to
evaluate the applicant's loss, it shall make an offer in an amount it
deems to be just and fair.
   (b) The offer shall be made to the applicant in writing, who shall
either accept or reject the offer in writing within 30 days of
receipt thereof.  Failure to respond to the offer shall be deemed a
rejection.  If the applicant accepts the offer, the applicant shall
be deemed to have waived all other legal remedies against the State
of California, it agencies, officers, and employees.  If the
applicant rejects the offer, all other legal remedies may be pursued
against the State of California, it agencies, officers, and
employees.  Any notice of offer or rejection shall contain the notice
required pursuant to subdivision (b) of Section 911.8.