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HomeHealth and Safety CodeDiv. 45Pt. 2Ch. 8Art. 4§ 79740 Future Costs Enforcement Authority

§ 79740 Future Costs Enforcement Authority

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 79740 Future Costs Enforcement Authority

Key Takeaways

  • •If the court says someone must pay for cleaning up pollution or fixing damage, the court keeps the power to make them pay more later if needed.
  • •The government can make the person pay the first bill right away, even if there might be more costs later.
  • •The government has up to 3 years after the cleanup is officially done to ask the court for more money if new costs come up.

Example

A factory pollutes a river, and the court orders them to pay for cleaning it up. Later, more pollution is found, and cleaning it costs extra money.

The court can make the factory pay the extra cleaning costs, even after the first bill was paid. The government can ask for this extra money up to 3 years after the cleanup is finished.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 79740 Future Costs Enforcement Authority

(a) (1) In an action described in Section 79730 or 79735 for recovery of response or corrective action costs, oversight costs, or damages, where the court has entered a judgment for past costs or damages, the court shall also enter an order reserving jurisdiction over the case and the court shall have continuing jurisdiction to determine any future liability and the amount of the future liability. (2) The department or regional board may immediately enforce the judgment for past costs and damages. (b) The department or the regional board may apply for a court judgment for further costs and damages that have been incurred during the response or corrective action, operation and maintenance, or during the performance of the activities authorized by Section 79450, but the application shall be made not later than three years after the certification of completion of the response or corrective action, operation and maintenance, or activities authorized pursuant to Section 79450. (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.)

Last verified: January 24, 2026

Key Terms

judgmentliabilityperformancedamagescleanupjurisdictionoperationmaintenance

Related Statutes

  • § 79730 Cost Recovery Time Limits
  • § 79885 Liability Release Conditions
  • § 79935 Environmental Cleanup Cost Liens
  • § 1305 Health Facility Liability Reporting
  • § 11470.1 Controlled Substance Cost Recovery

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 79740.
View Official Source