CHAPTER 7.5. California Disaster Assistance Act [8680. - 8692.]

Heading of Chapter 7.5 amended by Stats. 2005, Ch. 158, Sec. 3.2.

§§ 8680–8692 · 42 sections

1. ARTICLE 1. General Provisions and Definitions §§ 8680–8680.9 · 9 sections

   • § 8680 This chapter shall be known and may be cited as the California Disaster Assistance Act.
   • § 8680.1 Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this chapter.
   • § 8680.2 “Local agency” means any city, city and county, county, county office of education, community college district, school district, or special district.
   • § 8680.3 “Disaster” means a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a…
   • § 8680.4 “Project” means the repair or restoration, or both, other than normal maintenance, or the replacement of, real property of a local agency used for essential…
   • § 8680.5 “Project application” means the written application made by a local agency to the director for state financial assistance, which shall include all damage to…
   • § 8680.7 “Director” means the Director of Emergency Services.
   • § 8680.8 “State agency” means the Department of Transportation, the Department of Water Resources, the Department of General Services, the Department of Health, the…
   • § 8680.9 “Local emergency” means a condition of extreme peril to persons or property proclaimed as such by the governing body of the local agency affected, in…
2. ARTICLE 2. Administration §§ 8682–8682.9 · 5 sections

   • § 8682 The director shall administer this chapter. The director may delegate any power or duty vested in him or her under this chapter to a state agency or to any…
   • § 8682.2 To the extent that funds are allocated therefor, a state agency, when requested by the director, shall render services and perform duties within its area of…
   • § 8682.6 The project proposal executed between a local agency and the director pursuant to Section 8685.6 shall contain a provision under which the local agency agrees…
   • § 8682.8 When certified by the director, claims of local agencies for payment shall be presented to the Controller for payment out of funds made available therefor. The…
   • § 8682.9 The director shall adopt regulations, as necessary, to govern the administration of the disaster assistance program authorized by this chapter in accordance…
3. ARTICLE 3. Allocations to State Agencies §§ 8683–8684.2 · 2 sections

   • § 8683 (a) Whenever funds are available for purposes of this chapter, the director shall make allocations from the funds available in the amounts that he or she…
   • § 8684.2 (a) It is the intent of the Legislature: (1) To provide the Governor with appropriate emergency powers in order to enable utilization of available emergency…
4. ARTICLE 4. Allocations to Local Agencies §§ 8685–8687.9 · 20 sections

   • § 8685 From any moneys appropriated for that purpose, and subject to the conditions specified in this article, the director shall allocate funds to meet the cost of…
   • § 8685.2 An allocation may be made to a local agency for a project when, within 10 days after the actual occurrence of a disaster, the local agency has proclaimed a…
   • § 8685.4 A local agency shall make application to the director for state financial assistance within 60 days after the date of the proclamation of a local emergency.…
   • § 8685.6 No money shall be allocated for a project until the local agency has indicated in writing its acceptance of the project proposal and the cost-sharing related…
   • § 8685.7 Any work performed by a state agency at the request of a local agency shall be agreed upon in writing and be subject to the State Contract Act. Work performed…
   • § 8685.8 Under procedures to be prescribed by the director, a local agency may receive an advance of funds to initiate a project. Such advances shall be limited to not…
   • § 8685.9 Notwithstanding any other provision of law, including Section 8686, for any eligible project, the state share shall not exceed 75 percent of total state…
   • § 8686 (a) For any eligible project, the state share shall amount to no more than 75 percent of total state eligible costs. (b) Notwithstanding subdivision (a), the…
   • § 8686.1 (a) Notwithstanding subdivision (a) of Section 8686, the state share shall be up to 100 percent of total state eligible costs connected with the Middle River…
   • § 8686.2 When the United States or any agency thereof is to provide disaster relief funds for any portion of the cost of a project, the amount so provided shall be…
   • § 8686.3 Local agencies shall undertake to recover maximum federal participation in funding projects. No funds allocated under this chapter shall be used to supplant…
   • § 8686.4 (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged…
   • § 8686.8 If the director determines that a local agency is financially unable to meet the matching requirements set forth in Section 8686, or unable to provide funds…
   • § 8687 Deferred payments made by a local agency pursuant to Section 8686.8 shall be made by the agency: (a) Out of the current revenues of the local agency. (b) If…
   • § 8687.2 Notwithstanding Section 8686, whenever the director determines that a local agency to which funds are proposed to be allocated for a public facilities project…
   • § 8687.4 Whenever the director determines that a local agency which would otherwise be eligible for funds under the formula of Section 8686 is unable to finance a…
   • § 8687.6 If the local agency, under Section 8687.4, is a county, the amount contributed by the county shall not be reduced to less than an amount of money equal to the…
   • § 8687.7 (a) As used in this section, the following terms have the following meanings: (1) “Agency” or “office” means the Office of Emergency Services. (2) “Community”…
   • § 8687.8 If the local agency, under Section 8687.4, is a county, the director, in determining whether the county’s financial resources are exhausted, shall ascertain…
   • § 8687.9 Funding and financial assistance provided to local governments in response to an emergency, as that term is used in Section 8558, is not subject to the…
5. ARTICLE 5. Funds §§ 8690.25–8690.7 · 5 sections

   • § 8690.25 The Disaster Assistance Fund, referred to as “fund” in this article, is hereby created as a special fund in the State Treasury. This fund and its subsidiary…
   • § 8690.45 The Controller shall establish the following special account in the Disaster Assistance Fund. The Earthquake Emergency Investigations Account, into which shall…
   • § 8690.5 Income from investment of moneys in the fund and all payments by local agencies in reimbursement of moneys disbursed from the fund, including deferred payments…
   • § 8690.6 (a) The Disaster Response-Emergency Operations Account is hereby established in the Special Fund for Economic Uncertainties. Notwithstanding Section 13340,…
   • § 8690.7 Any county which distributed funds to other local agencies pursuant to Chapter 16 of the Statutes of 1986 shall not be held financially liable for those funds…
6. ARTICLE 6. Nonprofit Organizations § 8692 · 1 section

   • § 8692 (a) If a state of emergency is proclaimed, an eligible private nonprofit organization may receive state assistance for distribution of supplies and other…