California Water Code 13442 – (a) Upon application by an eligible entity, as described in …
(a) Upon application by an eligible entity, as described in subdivision (b), the state board may approve the payment of grant moneys from the account to that entity to assist in cleaning up a waste, abating the effects of a waste on waters of the state, or addressing an urgent drinking water need without regard to whether the need for drinking water is a result of the discharge of waste.
(b) An entity is eligible to apply for funding pursuant to this section if that entity has authority to undertake the activity described in subdivision (a) for which it seeks moneys and the entity is any of the following:
Terms Used In California Water Code 13442
- Contract: A legal written agreement that becomes binding when signed.
- Not-for-profit organization: includes only an organization that is either controlled by a local public body or bodies or has a broadly based ownership by, or membership of, people of the local community. See California Water Code 13400
- Public agency: means any city, county, city and county, district, or other political subdivision of the state. See California Water Code 13400
- 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
- Waste: includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. See California Water Code 13050
- Waters of the state: means any surface water or groundwater, including saline waters, within the boundaries of the state. See California Water Code 13050
(1) A public agency.
(2) 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.
(3) A not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5.
(4) A community water system, as defined in § 116275 of the Health and Safety Code, that serves a disadvantaged community, as defined in Section 79505.5.
(c) An eligible entity shall not become liable to the state board for repayment of moneys paid to the entity under this section and expended in accordance with the state board’s approval of payment, 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.
(d) Projects using moneys that are paid to an eligible entity pursuant to this section shall be exempt from state contracting and procurement requirements set forth in the Government Code and the Public Contract Code to the extent necessary to take immediate action to protect public health and safety.
(e) The state board may adopt guidelines for the allocation and administration of these moneys that shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended (as amended by Stats. 2015, Ch. 2, Sec. 7) by Stats. 2017, Ch. 439, Sec. 2. (AB 339) Effective January 1, 2018.)