California Water Code 13493 – (a) (1) Except as provided in subdivisions (b) and (c), if …
(a) (1) Except as provided in subdivisions (b) and (c), if a person is convicted under Section 13499.2 of this code or § 25299.80.5 of the Health and Safety Code or is found to be civilly liable under Section 13499 of this code or Section 25299.78 or 25299.80 of the Health and Safety Code, the state board may permanently disqualify that person from receiving financial assistance from the state board. If the state board determines that the disqualified person is a contractor or consultant, a recipient shall not submit invoices to the state board for any work performed or directed by that person.
(2) For purposes of this section, “contractor or consultant” means a person whose professional services are engaged to perform work for which public moneys are expended.
Terms Used In California Water Code 13493
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes any city, county, district, the state, and the United States, to the extent authorized by federal law. See California Water Code 13050
- Recipient: means any person or entity that receives any financial assistance from the state board, including, but not limited to, a recipient's contractors or consultants who performs work for a recipient. See California Water Code 13491
- State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
- State board: means the State Water Resources Control Board. See California Water Code 13050
- Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
(b) If the person convicted under Section 13499.2 or found to be civilly liable under Section 13499 is a recipient, the state board may permanently disqualify the recipient from further receipt of moneys from the state board, with respect to only the financial assistance programs that are the subject of that conviction under Section 13499.2 or found civilly liable under Section 13499, and only if the state board makes a finding that the alleged violation is knowing, willful, or intentional.
(c) If the person convicted under Section 13499.2 of this code or § 25299.80.5 of the Health and Safety Code or found to be civilly liable under Section 13499 of this code or Section 25299.78 or 25299.80 of the Health and Safety Code is a contractor or consultant, the state board may permanently disqualify the contractor or consultant from requesting reimbursement for work conducted pursuant to any financial assistance program administered by the state board, including participation in work conducted pursuant to financial assistance programs that are not the subject of that conviction under Section 13499.2 of this code or § 25299.80.5 of the Health and Safety Code or finding of liability under Section 13499 of this code or Section 25299.78 or 25299.80 of the Health and Safety Code, if the state board makes one of the following findings:
(1) The alleged violation is knowing, willful, or intentional.
(2) The contractor or consultant received a material economic benefit from the action that caused the violation.
(3) The alleged violation is chronic or the contractor or consultant is a recalcitrant violator, as determined pursuant to subdivision (g) of Section 13399.
(d) In addition to the requirements of subdivisions (b) and (c), in determining the extent to which a person, including, but not limited to, a recipient, contractor, or consultant, convicted under Section 13499.2 of this code or § 25299.80.5 of the Health and Safety Code or found civilly liable under Section 13499 of this code or Section 25299.78 or 25299.80 of the Health and Safety Code may be disqualified from receiving any funds from the state board, including the extent to which the person may be reimbursed for pending or future claims or disbursement requests from the state board, the state board shall take into account the nature, circumstances, extent, and gravity of the violation, any prior history of misrepresentations by the person to the state board or a local agency, any economic benefits or savings that resulted or would have resulted from the false statement, and any other matters as justice may require.
(Added by Stats. 2021, Ch. 187, Sec. 6. (SB 776) Effective January 1, 2022.)