California Code, Insurance Code - INS § 10089.37

The board shall set aside in each calendar year an amount equal to 5 percent of investment income accruing on the authority's invested funds, or five million dollars ($5,000,000), whichever is less, if deemed actuarially sound by a consulting actuary employed or hired by the authority, to be maintained as a subaccount in the California Earthquake Authority Fund.  The authority shall use those funds to fund the establishment and operation of an Earthquake Loss Mitigation Fund.  In the event a set-aside of mitigation-related funds may impair the actuarial soundness of the authority, the board may delay the implementation of this section.  Any delay shall be reported to the Legislature and the commissioner and reported publicly.