Allende

The Department of the California Highway Patrol (CHP) appeals from a judgment declaring invalid and enjoining enforcement of certain provisions of its policy for recovering emergency response costs from persons causing incidents while driving under the influence of alcohol or drugs. We conclude that the CHP’s policy is not inconsistent with the language or purpose of the authorizing legislation, Government Code section 53150 et seq. 1 and, therefore, shall reverse the judgment.

Background

In this court’s decision reviewing an earlier order in this litigation, we summarized: “Sections 53150 through 53159 establish the statutory framework allowing public agencies to recover emergency response expenses from persons who intentionally or negligently cause incidents requiring an emergency response. Section 53150 defines the circumstances under which a person driving a motor vehicle may be liable for the expense of an emergency response, and section 53156, subdivision (a) . . . defines ‘expense of an emergency response.’ ” (California Highway Patrol v. Superior Court (2006) 135 Cal.App.4th 488, 497 [ 38 Cal.Rptr.3d 16 ] (Allende I).)

This action began in November 2003 when…