8690.6.

 (a)  There is hereby established in the Reserve for Economic Uncertainties a Disaster Response-Emergency Operations Account. Notwithstanding Section 13340, moneys in the account are continuously appropriated, subject to the limitations specified in subdivisions (c) and (d), without regard to fiscal years, for allocation by the Director of Finance to state agencies for disaster response operation costs incurred by state agencies as a result of a state of emergency proclamation by the Governor. These allocations may be for response activities, defined as any activity occurring within 365 days of a declaration of emergency by the Governor, or for recovery activities, defined as any activity occurring after the 365th day of a declaration of emergency by the Governor.

(b)  It is the intent of the Legislature that the Disaster Response-Emergency Operations Account have an unencumbered balance of one million dollars ($1,000,000) at the beginning of each fiscal year. In the event that this account requires additional moneys to meet claims against the account, the Director of Finance may transfer moneys from the Special Fund for Economic Uncertainties to the account in that amount sufficient to pay the amount of the claims that exceed the unencumbered balance in the account.

(c)  For response activities, as defined, the funds shall be allocated subject to the conditions of this section and in accordance with Section 27.00 of the annual Budget Act, except that the allocations may be made 30 days or less after notification of the Legislature pursuant to subdivision (b) of that section.

(d)  For recovery activities, as defined, the funds shall be allocated subject to the conditions of this section and in accordance with all subdivisions of Section 27.00 of the annual Budget Act, and shall include the Department of Finance’s determination as to whether the expenditure for which the allocation is to be made was previously proposed at some point in the legislative consideration of the annual Budget Bill and was not approved and, if the expenditure was not approved, for what reasons.

(e)  Notwithstanding subdivision (a) of Section 27.00 of the annual Budget Act, authorizations for acquisitions, relocations, and environmental mitigations related to response or recovery activities, as defined in subdivision (a), shall be authorized pursuant to this section. However, these funds may only be authorized for needs that are a direct consequence of the declared emergency, directly related to the January 1997 floods or any flood-related emergency that is declared by the Governor on or before January 1, 1999, where failure to undertake the project may interrupt essential state services or jeopardize public health or safety. In addition, any acquisition accomplished under this subdivision shall comply with any otherwise applicable law, except as provided in the first sentence of this subdivision.

(f)  No funds allocated under this section shall be used to supplant federal funds otherwise available in the absence of state financial relief.

(g)  The amount of financial assistance provided to an individual, business, or governmental entity under this section, or pursuant to any other program of state-funded disaster assistance, shall be deducted from sums received in payment of damage claims asserted against the state, its agents, or employees, for causing or contributing to the effects of the proclaimed disaster.

(h)  No public entity administering disaster assistance to individuals shall receive funds under this section unless it administers that assistance pursuant to the following criteria:

(1)  All applications, forms, and other written materials presented to persons seeking assistance shall be available in English and in the same language as that used by the major non-English-speaking group within the disaster area.

(2)  Bilingual staff who reflect the demographics of the disaster area shall be available to applicants.

(i)  The Legislature finds and declares that the amendments made to subdivision (c) by Chapter 16 of the Statutes of 1986 declare the intent of the Legislature at the time when this section was originally added to this code by Chapter 1562 of the Statutes of 1985.

(j)  This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed.