4293.5. (a) A person
who that owns, controls, operates, or maintains any electrical transmission or distribution line and that violates Section 4292 or 4293 after being offered a reasonable opportunity to cure is subject to a civil penalty of up to one hundred thousand dollars ($100,000) for each violation. When a violation is of a continuing nature, each day of the violation is a separate and distinct violation.
(b) In addition to
any other penalties, including the penalty specified in subdivision (a), a civil penalty of up to one thousand dollars ($1,000) per acre of land burned shall be imposed for a violation of Section 4292 or 4293
that results in which the person that owns, controls, operates, or maintains any electrical transmission or distribution line failed to cure the violation after being offered a reasonable opportunity to cure and the violation resulted in a fire.
(c) Except as otherwise provided, the remedies and penalties provided by this section are cumulative with the remedies or penalties available under other laws.
(d) The Attorney General or
the district attorney of a proper county or city and county may bring an action under
to this section, in the name of the people. For purposes of this subdivision, “proper county or city and county” means a county or city and county where the violation occurred or, if the violation resulted in a fire, where the fire, or any portion of it, occurred.
Monies Moneys resulting from the collection of penalties imposed under this section shall be apportioned as follow:
(1) Fifty percent shall be distributed as set forth in subdivision (c) of Section 17206 of the Business and Professions Code. Any penalties distributed to a county or city shall only be used for fire prevention-related activities.
(2) Fifty percent shall be deposited into the Utility Accountability and Wildfire Prevention Fund, which is hereby established in the State Treasury. Moneys in the fund, upon appropriation by the Legislature, shall be available for purposes of enhancing forest management, fire planning, wildfire prevention and suppression, and fire-related enforcement activities.
(f) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including the extent of harm caused by the violation, whether the effects of the violation may be mitigated, and with respect to the defendant, any prior history of violations and the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.
(g) (1) An action seeking the imposition of civil penalties under this section shall be commenced within four years of the occurrence of the violation.
(2) This section does not revive a cause of action that is barred under law on or before January 1, 2022.
(h) The department shall develop regulations to define what a reasonable opportunity to cure means for purposes of this section.