Section 13442 Of Article 3. State Water Pollution Cleanup And Abatement Account From California Water Code >> Division 7. >> Chapter 6. >> Article 3.
13442
. (a) Upon application by a public agency, a tribal government
that is on the California Tribal Consultation List maintained by the
Native American Heritage Commission and is a disadvantaged
community, as defined in Section 79505.5, that agrees to waive tribal
sovereign immunity for the explicit purpose of regulation by the
state board pursuant to this division, or a not-for-profit
organization serving a disadvantaged community, as defined in Section
79505.5, with authority to clean up a waste or abate the effects of
a waste, the state board may order moneys to be paid from the account
to the agency, tribal government, or organization to assist it in
cleaning up the waste or abating its effects on waters of the state.
(b) The agency, a tribal government that is on the California
Tribal Consultation List maintained by the Native American Heritage
Commission and is a disadvantaged community, as defined in Section
79505.5, that agrees to waive tribal sovereign immunity for the
explicit purpose of regulation by the state board pursuant to this
division, or a not-for-profit organization serving a disadvantaged
community, as defined in Section 79505.5, shall not become liable to
the state board for repayment of moneys paid under this section, but
this shall not be a defense to an action brought pursuant to
subdivision (c) of Section 13304 for the recovery of moneys paid
under this section.
(c) This section shall become operative on July 1, 2018.