Voluntary stream restoration property owner liability: indemnification.

Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that project, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources. Existing law authorizes a habitat restoration or enhancement project proponent to submit a written request for approval of the project to the Director of Fish and Wildlife. Existing law requires the director to approve the project if the written request includes certain information, as specified, and provides for an alternate authorization process by the State Water Resources Control Board. The Government Claims Act sets forth the general procedure for claims and actions against public entities and public employees. Existing law requires the Department of General Services to carry out various duties, including processing certain types of claims against the state. This bill would require 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 such a 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, including that the liability arises from, and the real property owner or any person or entity retained by the real property owner does not perform, the construction, design specifications, surveying, planning, supervision, testing, or observation of construction related to the project. The bill would authorize 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. The bill would authorize a qualifying state agency to enter into an agreement with the United States government, or subdivision thereof, to share the cost of any civil liability incurred. The bill would require the costs of any civil liability incurred by a qualifying state agency to be promptly paid from the General Fund, and those costs to be submitted as a claim by the real property owner to the Department of General Services, as specified. The bill would require the costs incurred by a qualifying state agency in investigating and defending against any claim to be paid from the General Fund.