If:

1. (1) a private entity offers a political subdivision a donation of property for which the political subdivision intends to submit an environmental grant application under section 21 of this chapter; and

2. (2) the donation of the property is conditioned on obtaining from the state a covenant not to sue the private entity for any potential liability arising under state law associated with environmental contamination of the property;

   the political subdivision may request that the commission seek the covenant not to sue from the governor. The governor may execute a covenant not to sue under this section.

As added by P.L.31-2001, SEC.1. Amended by P.L.197-2011, SEC.143.