§ 80945

A loss specified in Section 80940 is compensable if the Department of General Services makes all of the following findings, based upon a preponderance of the evidence:

(a) A release of a hazardous substance occurred.

(b) The claimant or the claimant’s property was exposed to the release of the hazardous substance.

(c) The exposure of the claimant to the release of the hazardous substance was of such a duration, and to such a quantity of the hazardous substance, that the exposure caused the damages, injury, or disease that resulted in the claimant’s loss.

(d) For purposes of subdivisions (d) and (e) of Section 80940, the hazardous substance release, or the order that resulted in the claim for compensation, occurred on or after January 1, 1986.

(e) The conditions and requirements of this chapter, including, but not limited to, the conditions of Sections 80920 and 80925, have been met.

(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)