Fire damages: civil actions: pecuniary damages and ecological and environmental damages.

Existing law provides that, in a civil action by a public agency to recover damages caused by a fire, pecuniary damages must be quantifiable and not unreasonable in relation to the prefire fair market value of the property, taking into consideration the ecological and environmental value of the property to the public. Existing law additionally authorizes a public agency to recover ecological and environmental damages caused by the fire, as provided. This bill would instead provide that in a civil action seeking damages caused by a fire, pecuniary damages must be quantifiable and not unreasonable in relation to the prefire fair market value of the damaged property or the prefire market value of similar property. The bill would require that recoverable pecuniary damages be calculated pursuant to specified categories that include property damages, as provided, and short-term costs, as provided, and would also authorize the award of environmental and ecological damages. The bill would provide that a plaintiff who claims environmental damages of any kind under these provisions shall not seek to enhance any pecuniary or environmental damages recovered under these provisions, except as specified. The bill would provide that its provisions are not intended to limit or change the ability of a public agency to recover costs arising from a fire as provided in other specified provisions of law. The bill would expressly provide that its provisions shall apply only to a civil action filed on or after January 1, 2020.