BILL NUMBER: AB 716 CHAPTERED
BILL TEXT
CHAPTER 1126
FILED WITH SECRETARY OF STATE SEPTEMBER 30,2002
PASSED THE ASSEMBLY AUGUST 31, 2002
PASSED THE SENATE AUGUST 30, 2002
CONFERENCE REPORT NO. 1
PROPOSED IN CONFERENCE AUGUST 27, 2002
AMENDED IN SENATE AUGUST 15, 2002
AMENDED IN SENATE AUGUST 5, 2002
AMENDED IN ASSEMBLY JANUARY 24, 2002
AMENDED IN ASSEMBLY JANUARY 14, 2002
AMENDED IN ASSEMBLY SEPTEMBER 13, 2001
AMENDED IN ASSEMBLY MAY 2, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
INTRODUCED BY Assembly Members Firebaugh, Wesson, and Cardenas
(Coauthors: Assembly Members Cohn, Corbett, Diaz, and Hertzberg)
(Coauthors: Senators Alarcon, Burton, and Torlakson)
FEBRUARY 22, 2001
An act to add Chapter 13 (commencing with Section 20050) to Part
11 of the Education Code, relating to historic preservation, and
making an appropriation therefor.
(Approved by Governor September 30, 2002. Filed with
Secretary of State September 30, 2002.)
I am signing Assembly Bill 716 because it highlights the
importance of the state's historical and cultural resources and
because it appropriates funds specified in Proposition 40. In
particular, it is important to disburse the monies that Proposition
40 allocated for San Francisco, Los Angeles and other specific areas
in a timely manner that meets the local recreation needs of these
communities and the expectations of the voters.
However, with respect to the $128 million earmarked for the
California Cultural and Historical Endowment that this bill seeks to
create, I regret that I must delete the monies for this purpose.
There are several reasons for this action. First, given the state's
fiscal condition, now is not the time to establish a new, permanent
bureaucratic entity with broad new duties. Second, the duties of the
Endowment as proposed in this measure extend well beyond competitive
grant-making responsibilities and would create significant general
fund cost pressure. For example, while the comprehensive study the
bill would require by January 1, 2005 may be desirable, such a
multi-million dollar study could not be funded with bond money.
Moreover, the proposed endowment appears to be significantly
redundant and unnecessary given the duties and expertise of the
Department of Parks and Recreation, the Office of Historic
Preservation (OHP) and the State Historic Resources Commission. In
particular, by directing the Endowment to conduct competitive
grantmaking for historical preservation purposes, the bill undermines
the successful efforts of the OHP and the Commission in disbursing
Proposition 12 historical preservation monies. Failure to take
advantage of such expertise will lead to unnecessary costs and delays
in implementation of competitive grants. For this reason, I am
directing the Secretary for Resources to seek $10 million in the
budget to fund an initial competitive grants program to be
administered by the Office of Historic Preservation that will build
upon the success of its current program.
Additionally, while I applaud the authors for their admirable
efforts to craft a high-profile structure for enhancement of
historical and cultural resources, I am concerned that the timing of
the conference committee and the conference report language did not
allow for meaningful discussion among stakeholders. Such stakeholder
input is key to ensuring that an effective, efficient and respected
process for disbursing Proposition 40 monies is crafted. For this
reason, I am directing the Secretary for Resources to conduct a
series of stakeholder meetings during the legislative recess for the
purpose of discussing the best approaches for funding historical,
cultural and museum projects.
Finally, there are many significant, high-priority state and local
cultural and historical projects that should be funded. These
include the Department of Parks and Recreation's projects as included
in the May Revise-the Statewide Indian Museum, California Heritage
Center, the John Marsh home and the Adamson House collection, as well
as local assistance funding for the California Academy of Sciences
in San Francisco. For this reason, I am directing the Department of
Parks and Recreation to utilize $5 million in Proposition 40 monies
for the development of the Statewide Indian Museum. Moreover, the
other projects should be directly funded from the cultural and
historical monies and I am directing the Department of Finance to
include these important projects in my 2003-04 budget.
GRAY DAVIS, Governor
LEGISLATIVE COUNSEL'S DIGEST
AB 716, Firebaugh. California Cultural and Historical Endowment.
Existing law contains various provisions relating to historical
and cultural resource projects and programs, including the
development, restoration, and preservation of historical sites.
This bill would enact the California Cultural and Historical
Endowment Act, which would establish the California Cultural and
Historical Endowment, consisting of specified members, in the
California State Library and to require the endowment to use funds
allocated and appropriated from the California Clean Water, Clean
Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, and
from other sources, including federal grants, to make grants and
loans to public agencies and nonprofit organizations, as defined,
including museums, relating to historical resources and to develop
various programs and projects to protect and preserve California's
cultural and historic resources. The bill would require the
endowment to conduct a comprehensive survey of the state of cultural
and historical preservation, accessibility, and interpretation in
California and to report on the survey to the Legislature and the
Governor by November 1, 2005. The bill would prohibit the endowment
from utilizing more than 5% of the funds appropriated from the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Act for associated programmatic costs.
This bill would provide that, notwithstanding the bill that enacts
the 2002-03 budget, the Director of Finance shall not abolish the
vacant positions within the State Library but allow the positions to
be used by the State Library for purposes of the California Cultural
and Historical Endowment Act.
The bill would appropriate $219,765,000 from the California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Fund and allocate $128,415,000 to the California State Library for
purposes of the endowment, $91,350,000 to the Department of Parks and
Recreation for opportunity grants, as provided, and appropriate
$74,680,000 from that fund to the Department of Parks and Recreation
for recreational grants, as provided.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 13 (commencing with Section 20050) is added to
Part 11 of the Education Code, to read:
CHAPTER 13. CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT ACT
Article 1. General Provisions
20050. This chapter shall be known and may be cited as the
California Cultural and Historical Endowment Act.
20051. The Legislature finds and declares the following:
(a) Every civilization defines itself in part by its past, and an
understanding of its past helps determine its basic values and future
aspirations. Understanding of the past is strengthened and deepened
through contact with the buildings, physical places, and artifacts
of earlier times. Through learning this past, our young and future
generations come to better understand the society in which they live
and to better understand themselves.
(b) As America's physical culture and built environment become
remarkably similar throughout the country, it is left to the natural
environment and the structures of the past to give a unique sense of
place to our communities. Preserving these structures is becoming
increasingly compelling as the homogeneity of our physical culture
increases.
(c) The buildings, other structures, and artifacts that embody
California's past are in escalating danger of being redeveloped,
remodeled, renovated, paved, excavated, bulldozed, modernized, and
lost forever.
(d) For history to be part of our lives, we must include it in our
daily lives, through the adaptive reuse of historic structures in
our older commercial districts and inner cities.
(e) California has one of the most diverse populations on earth
and its cultural and historic preservation program should reflect
that fact. Early cultural and historic preservation efforts often
focused on the structures and activities of our European ancestors.
Without minimizing their contribution, it is important to pursue
other historical threads that are important to California's Latino
population, to African-Americans, to Asians and Pacific Islanders, to
Native Americans, to Jewish persons, and to many other groups of
peoples with uniquely identifiable cultures and histories. It is
increasingly important to preserve the physical and cultural history
and folklife of these many groups' presence and contributions to
California's history.
(f) Historic preservation should include the contributions of all
Californians. The study of history once focused largely on the
actions and works of wealthy, powerful, noble, brilliant, or famous
persons. More recently, historians have tried to increase
understanding of how more ordinary people lived and thought.
California's historic preservation efforts should allow its citizens
and visitors to experience something of the physical world of both.
(g) In 1997, California's Statewide Historic Preservation Plan was
prepared pursuant to the National Historic Preservation Act of 1966
and includes seven statewide goals, including the goal to promote the
preservation and stewardship of cultural resources among a
diversified state population representing all levels of the
socioeconomic spectrum.
(h) California's retained past certainly includes sites important
to its prehistoric and later Native American people, and the
remaining great structures of the 19th century. But the state also
needs to consciously preserve selected remnants of the 1930s, of
California's great role in World War II, as well as representative
structures and sites that were culturally or economically important
during the 1950s, 1960s, and, in some cases, even more recently.
(i) California's historic missions are among California's most
evocative historical structures. Their continued protection and
restoration should continue to have high priority.
(j) California's museums are among the most important and
cherished repositories of the state's cultural and historical
heritage.
(k) California's partnerships with federal, state, and local
governmental agencies and nonprofit organizations have helped us
understand the range and diversity of California's history and
historic and cultural resources and artifacts and have helped develop
a better understanding of the educational, environmental, and
economic benefits of, and tools available for, the preservation and
interpretation of historic and cultural resources and artifacts.
20052. As used in this chapter, the following terms have the
following meanings:
(a) "Development" includes, but is not limited to, improvement,
rehabilitation, restoration, enhancement, preservation, protection,
and interpretation.
(b) "Endowment" means the California Cultural and Historical
Endowment created pursuant to Section 20053, or the board of the
endowment, as appropriate.
(c) "Museum" means a public or private nonprofit institution that
is organized on a permanent basis for essentially educational or
aesthetic purposes and that owns or uses tangible objects, cares for
those objects, and exhibits them to the general public on a regular
basis.
(d) "Nonprofit organization" means any nonprofit public benefit
corporation that is formed pursuant to the Nonprofit Corporation Law
(commencing with Section 500 of the Corporations Code), qualified to
do business in California, and qualified under Section 501(c)(3) of
the Internal Revenue Code, that has, among its principal charitable
purposes, the preservation of historic or cultural resources for
cultural, scientific, historic, educational, recreational,
agricultural, or scenic opportunities.
(e) "Preservation" includes, but is not limited to,
identification, evaluation, recordation, restoration, stabilization,
development, and reconstruction, or any combination of those
activities.
(f) "Public agency" means a federal agency, state agency, city,
county, district, association of governments, joint powers agency, or
tribal organization.
20052.5. It is the intent of the Legislature that consideration
be given to the transferring and fully integrating the Office of
Historic Preservation with the California Cultural and Historical
Endowment, which is created pursuant to this chapter, for the
following purposes:
(a) To increase the stature, visibility, authority, and
entrepreneurial capabilities of the Office of Historic Preservation
in the interest of helping it carry out its missions and purposes.
(b) To allow the California Cultural and Historical Endowment to
benefit from the Office of Historic Preservation's experience and
expertise, and from the experience and expertise of its constituents
and supporters.
(c) To synergistically increase the state's effective commitment
to historic and cultural preservation.
Article 2. Creation and Powers of the Endowment
20053. (a) There is in the California State Library the
California Cultural and Historical Endowment, consisting of the
following 10 members:
(1) The State Librarian, who shall serve as chair of the
endowment, or his or her designee.
(2) The Secretary of the Resources Agency, or his or her designee.
(3) The Director of Finance, or his or her designee.
(4) Three members appointed by the Governor.
(5) Two members appointed by the Senate Committee on Rules.
(6) Two members appointed by the Speaker of the Assembly.
(b) Two Members of the Senate, appointed by the Senate Committee
on Rules, and two Members of the Assembly, appointed by the Speaker
of the Assembly, shall meet with the endowment and participate in its
activities to the extent that such participation is not incompatible
with their respective positions as Members of the Legislature.
20054. (a) Appointments to the endowment made pursuant to
paragraphs (4), (5), and (6) of subdivision (a) of Section 20053
shall be persons with distinguished achievements in the fields of
California history and culture, including, but not limited to,
persons with distinguished achievements in the field of California
history, historic preservation, architectural history, historical
museum design and operation, California artistic history, prehistory,
archaeology, or in the cultural achievements of the diverse ethnic
and other groups comprising California's population, including the
native peoples of California.
(b) Appointments to the endowment made pursuant to paragraphs (4),
(5), and (6) of subdivision (a) of Section 20053 shall be
representative of the diverse ethnic and other groups comprising
California's population, and shall be geographically balanced.
(c) The members appointed pursuant to paragraphs (4), (5), and (6)
of subdivision (a) of Section 20053 shall serve at the pleasure of
his or her appointing authority. Members appointed under these
paragraphs of subdivision (a) of Section 20053 shall be compensated
for attendance at regular meetings of the endowment at the rate of
one hundred dollars ($100) per day, and shall be reimbursed for the
actual and necessary expenses, including travel expenses, incurred in
the performance of their duties.
20056. If any member of the endowment is an employee, director,
or officer of any organization that has applied to the endowment for
a grant, that member shall not communicate with any other member of
the endowment or any member of any advisory panel regarding the grant
application and the member shall not be present when the application
is considered by the endowment or advisory panel.
20057. (a) A majority of the total authorized membership of the
endowment shall constitute a quorum for the transaction of any
business under this chapter.
(b) The endowment may adopt regulations as necessary or convenient
for carrying out the purposes of this chapter, including, but not
limited to, establishing grant application criteria and procedures.
Before adopting regulations for grant application criteria and
procedures, the endowment shall conduct public hearings throughout
the state and shall invite persons from diverse groups and ethnic
backgrounds to share their input on the matter.
(c) The endowment may hold hearings, execute agreements, and
perform any acts necessary and proper to carry out the purposes of
this chapter. The endowment may select and contract with other state
agencies and with private entities, including nonprofit
organizations, museums and individuals to provide services necessary
to carry out the purposes of this chapter.
20058. The endowment shall determine the qualifications of, and
it shall appoint and fix the salary of, the executive officer of the
endowment, who shall be exempt from civil service, and shall appoint
such other staff as may be necessary to carry out the powers and
functions set forth in this chapter.
20059. The endowment may appoint one or more advisory committees
as it determines to be useful to its work. Members of advisory
committees shall serve without compensation, but each may be
reimbursed for necessary travel and other expenses incurred in the
performance of official duties.
20060. The endowment may apply for and accept federal grants.
Notwithstanding Section 11005 of the Government Code, the endowment
may receive gifts, donations, subventions, rents, royalties, and
other financial support from public and private sources without
additional approvals. Funds received pursuant to this section,
except for federal grants, shall be deposited in the California
Cultural and Historical Endowment Fund, which is hereby created, and,
notwithstanding Section 13340 of the Government Code, are
continuously appropriated to the endowment for its lawful purposes,
after notification to and approval by the Department of Finance. The
endowment shall report annually to the Legislature on the condition
and status of the fund, and the uses made of moneys in the fund
during the year.
Article 3. Grants and Loans
20070. (a) The endowment may award grants and loans on a
competitive basis to public agencies and nonprofit organizations,
including museums, to encourage development of a systematic and
coordinated assemblage of buildings, sites, artifacts, museums,
cultural landscapes, illustrations, written materials, and displays
and interpretive centers to preserve and tell the stories of
California as a unified society and of the many groups of people that
together comprise historic and modern California. In addition to
preserving and interpreting California's missions, gold rush and
pioneer sites, and other examples of early European exploration and
settlement, the endowment shall give priority to funding projects to
preserve, interpret, and enhance understanding and appreciation of
the state's subsequent cultural, social, and economic evolution. For
example, it may fund projects involving buildings, including the
acquisition of any interest in real property, structures, ships,
historic cemeteries, site areas, places, trails, artifacts, artistic
expressions, illustrations, written materials, or collections of
artifacts, historic districts, cultural landscapes, illustrations,
and written materials, including, but not limited to, the following:
(1) Projects that preserve, display, demonstrate, or interpret the
contributions of the many unique identifiable ethnic and other
communities that have added significant elements to California's
culture, including, but not limited to, their architecture,
landscaping, urban forms, recreation, food and drink, styles,
literature, artistic expressions, and pastimes.
(2) Projects that preserve and demonstrate culturally significant
aspects of the changing ways that ordinary or particularly creative
people lived their daily lives during the course of California
history, including, but not limited to, representative or
exceptionally expressive residences, recreational facilities and
equipment, farms and ranches, transportation technologies, and
innovative shopping arrangements.
(3) Projects that preserve, display, demonstrate, or interpret the
industries, technologies, individuals, groups, and commercial
enterprises that built California's enormous economic strength,
including, but not limited to, aircraft construction, banking and
finance, electronics and related technologies, medical technologies,
petroleum production and refining, movie and television production,
and agriculture.
(4) Projects that preserve, display, demonstrate, or interpret
California's contribution to the national defense during the state's
history, including facilities and artifacts from closed military
bases, and including projects about the social, demographic, and
other changes that resulted from these national defense activities.
(5) Projects that preserve and promote understanding and
continuity of California's living cultural heritage and folklife that
is deeply rooted in and reflective of its distinct cultural
communities, including, but not limited to, public programs,
recordings, exhibitions, apprenticeships, publications, ethnographic
documentation, and archival preservation.
(6) Projects that preserve, display, demonstrate, or interpret
California's geologic and oceanographic history, including, but not
limited to, its assemblage from Jurassic and earlier archipelagoes
and ophiolitic remnants through subduction processes, and the
expression of global tectonic forces in its mountains, basins, and
faults.
(b) The endowment shall fund projects relating to the archaeology,
history, or culture of California's Native American population that
are sensitive to the sovereign status of the tribes and that respect
the cultural and spiritual traditions of those tribes.
(c) The endowment shall give priority to funding projects that
preserve, document, interpret, or enhance understanding of threads of
California's story that are absent or underrepresented in existing
historical parks, monuments, museums, and other facilities, and to
achieve careful balance geographically, among communities and
organizations of large and small size, and among diverse ethnic
groups. The endowment may create financial and other incentives to
support projects described in this subdivision, including, but not
limited to, technical assistance, funding set asides, and
preferential match requirements.
(d) The endowment shall ensure that California's historic and
cultural resources are accessible and available to the people of
California, especially traditionally underserved communities, by
encouraging programs including, but not limited to, traveling
exhibitions, illustrative publications, exchanges, Web sites and
digitalization of materials, and programs in conjunction with school
districts to bring school children into contact with these materials,
and may fund projects for these purposes.
20071. The endowment shall require that public agencies
requesting a grant provide a matching amount of resources for the
completion of the project. The match may include resources obtained
from other funding agencies, and may include in-kind resources. The
match shall be a proportion of the cost of the project as the
endowment determines is appropriate, but the proportion shall be
uniform for categories of project and public agencies, except
pursuant to subdivision (c). The endowment shall determine the match
proportion by considering the following:
(a) The endowment shall seek to leverage the resources available
to it.
(b) The endowment shall require a match sufficient to ensure a
strong commitment to the project on the part of the sponsoring
agency.
(c) The endowment may require a lower than usual match if
necessary to make projects realistic for underserved communities.
20072. (a) The endowment shall require grant recipients to report
on the progress and completion of any project for which they have
received a grant, and on public acceptance or criticism of the
project. The endowment shall make all such reports available to the
Legislature.
(b) The endowment shall require grant recipients to follow the
Secretary of the Interior's Standards for the Treatment of Historic
Properties where appropriate to ensure the historical integrity of
the project.
20073. (a) Funds may be granted or loaned to a nonprofit
organization under this chapter if the nonprofit organization enters
into an agreement with the endowment, on such terms and conditions as
the endowment specifies.
(b) (1) In the case of a grant for real property acquisition, the
agreement shall provide all of the following:
(A) The purchase price of any interest in real property acquired
by the nonprofit organization may not exceed the fair market value as
established by an appraisal approved by the endowment.
(B) The endowment shall approve the terms under which the interest
in land is acquired.
(C) The interest in land acquired pursuant to a grant from the
endowment may not be used as security for any debt to be incurred by
the nonprofit organization unless the endowment approves the
transaction.
(D) The transfer of land acquired pursuant to an endowment grant
shall be subject to the approval of the endowment and a new agreement
sufficient to protect the interest of the people of California shall
be entered into with the transferee.
(E) If any essential term or condition is violated, title to all
interest in real property acquired with state funds shall immediately
vest in the state.
(F) If the existence of the nonprofit organization is terminated
for any reason, title to all interest in real property acquired with
state funds shall immediately vest in the state unless another
appropriate public agency or nonprofit organization is identified by
the endowment and agrees to accept title to all interests in real
property.
(2) Any deed or other instrument of conveyance whereby real
property is being acquired by a nonprofit organization pursuant to
this section shall set forth the reversionary interest of the state.
(c) The endowment shall also require an agreement sufficient to
protect the public interest in any improvement or development
constructed under a grant to a nonprofit organization for improvement
and development of a project under this chapter. The agreement
shall particularly describe any real property which is subject to the
agreement, and it shall be recorded by the endowment in the county
in which the real property is located.
(d) Any funds collected from a nonprofit organization pursuant to
an agreement regarding a grant shall be deposited in the account
created pursuant to Section 20060.
20074. The endowment may provide technical and other assistance
to applicants and prospective applicants as it determines to be
useful or necessary to carry out the purposes of this chapter.
Article 4. Cultural and Historical Policy
20080. The endowment shall undertake a comprehensive survey of
the state of cultural and historical preservation, accessibility, and
interpretation in California, and report to the Governor and the
Legislature. In conducting the survey, the endowment shall
coordinate with existing state agencies, including the California
Arts Council, the Department of Parks and Recreation, and the
Secretary of State. The report shall include all of the following:
(a) A survey of elements in California's existing assemblage of
buildings, sites, artifacts, museums, cultural landscapes, trails,
illustrations, the arts and artistic expressions, written materials,
and displays and interpretive centers that are missing or
underrepresented, such as if current facilities, materials, and
services leave out, misrepresent, or inadequately present some
important thread of the story of California as a unified society or
of the many groups of people that together comprise historic and
modern California.
(b) Recommendations for steps that should be taken to fill in the
missing or underrepresented elements identified in subdivision (a).
(c) Recommendations for the manner of transferring the Office of
Historic Preservation in the Department of Parks and Recreation to
the endowment, consistent with the Legislature's intent expressed in
Section 20052.5.
(d) Recommendations for additional steps that should be taken to
better preserve and administer cultural and historic resources
efficiently and effectively, including additional actions that should
be taken to improve the governmental structures responsible for
historic and cultural preservation in California, including oversight
and support of museums. In particular, the endowment shall examine
the feasibility and desirability of establishing the endowment as a
separate institution in state government, without ties to any
existing agency or department, although under the general authority
of the Governor. The endowment shall also identify the most
appropriate chair, or the most appropriate method for selecting the
chair, of its board.
(e) A survey of the capacities and fiscal conditions of public,
nonprofit, and other private entities in California that provide
cultural and historical facilities and services, including museums.
(f) Recommendations for the future financing of cultural and
historical programs provided by public agencies and nonprofit
agencies in California, including museums.
(g) Recommendations for programs to encourage the historic
maintenance and restoration of properties in private ownership,
including, but not limited to, a state tax credit for restoration of
historic properties that maintain historic integrity, property tax
deferral as long as a property's historic integrity is maintained,
and low interest loans.
(h) A study of the economic impact of the preservation and
interpretation of cultural and historic resources in the state. This
should include the economic benefits resulting from the preservation
of historic commercial and residential properties and sites, and
from historic and cultural tourism activities.
20081. In preparing its report pursuant to Section 20080, the
endowment shall conduct public hearings throughout the state on this
subject and shall invite persons of diverse groups and ethnic
backgrounds to share their input on the matter, including comment on
the needs of all types of cultural and historical resource
organizations and programs in California.
20082. The report prepared pursuant to this article shall be
delivered to the Governor and the Legislature by November 1, 2005.
The endowment shall report annually to the Governor and the
Legislature on its progress towards completion of the report, until
the report is completed.
Article 5. Museum and Cultural Resources Program
20090. The Legislature finds and declares the following:
(a) Museums do important work that helps the state meet its
obligations to residents in the field of education. Museums
contribute to formal and informal learning at every stage of life,
from the education of children in preschool to the continuing
education of adults.
(b) Museums are a significant resource for in-service training of
California teachers. A great potential for a relationship between
museums and educational facilities exists.
(c) Museums are an important means of making art, science,
history, and culture available to California residents.
(d) Museums provide an economic boost to their communities by
attracting tourists and local visitors, all of whom create a demand
for services.
(e) Museums often help define the public identity of a community,
and serve as a foundation of its cultural identity. A museum has the
legacy of its community as the heart of its mission.
20091. To extent that funding is available for such purposes, the
endowment shall establish a program to assist and enhance the
services of California's museums and of other groups and institutions
that undertake cultural projects that are deeply rooted in and
reflective of previously underserved communities. This program shall
give priority to:
(a) Enhancing opportunities for superior museum and cultural
program services.
(b) Encouraging museums and cultural programs to provide services
to school pupils, including any of the following:
(1) Curriculum development.
(2) Schoolsite presentations or workshops.
(3) Teacher training.
(4) Reduced price or free admission of pupils to museums.
(c) Collaborative projects and technical assistance to coordinate
the work of eligible museums and cultural programs and to enhance the
ability of museums and cultural programs to serve the public.
Priority shall be given to any project that does any of the
following:
(1) Assists an eligible museum or cultural program in serving an
historically underserved population.
(2)
Aids a museum or cultural program in diversifying or expanding its
audience.
(3) Aids a museum or cultural program in raising its professional
standards in order to better serve the public.
(d) Projects that increase accessibility to museums' and cultural
programs' collections and services.
SEC. 2. Of the funds available for the purposes of Section 5096.52
of the Public Resources Code, the sum of two hundred nineteen
million seven hundred sixty-five thousand dollars ($219,765,000) is
hereby appropriated from the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund, created pursuant to
Section 5096.610 of the Public Resources Code, for allocation as
follows:
(a) The sum of one hundred twenty-eight million four hundred
fifteen thousand dollars ($128,415,000) to the California State
Library to be used for the purposes of Chapter 13 (commencing with
Section 20050) of Part 11 of the Education Code. It is the intent of
the Legislature that similar amounts will be appropriated to the
California Cultural and Historical Endowment in future years, subject
to legislative approval of the California Cultural and Historical
Endowment's performance. It is the intent of the Legislature that
all funds allocated pursuant to subdivision (d) of Section 5096.610
of the Public Resources Code will be allocated pursuant to Chapter 13
of Part 11 of the Education Code or this act, subject to the
directives of Section 5096.652 of the Public Resources Code. Funds
allocated pursuant to this subdivision may be used only for capital
expenditures, as defined by the California Cultural and Historical
Endowment, and in any case shall be used in a manner consistent with
the requirements of Section 16727 of the Government Code. The
provisions of Section 16727 of the Government Code shall be
interpreted in a manner which supports the historical preservation
purposes of Chapter 13 (commencing with Section 20050) of Part 11 of
the Education Code, including allowing funding for all work
reasonably related to the restoration of buildings and other
historical resources to conditions of structural soundness consistent
with historical integrity. Of the amount derived from the proceeds
of bonds and appropriated under this subdivision, not more than 5
percent may be expended for associated programmatic costs.
(b) The sum of ninety-one million three hundred fifty thousand
dollars ($91,350,000) to the Department of Parks and Recreation for
allocation as opportunity grants to any public agency or nonprofit
organization for the acquisition, development, preservation, or
interpretation, or any combination thereof, of buildings, structures,
sites, places, or artifacts, or any combination thereof, that
preserve and demonstrate culturally significant aspects of California
history. Of the amount derived from the proceeds of bonds and
appropriated under this subdivision, not more than 5 percent may be
expended for associated programmatic costs.
SEC. 3. It is the intent of the Legislature that the number of
positions within the State Library not be increased in the 2002-03
fiscal year to carry out the purposes of this act.
SEC. 4. (a) It is the intent of the Legislature to appropriate the
funds scheduled in subdivision (b) that are allocated specifically
to designated cities, counties, and projects, as specified in the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Act of 2002, which was approved as Proposition 40
by the California electorate on March 5, 2002.
(b) The sum of seventy-four million six hundred eighty thousand
dollars ($74,680,000) is hereby appropriated from the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Fund to the Department of Parks and Recreation. These
funds shall be allocated by the department for expenditure by the
following entities for recreational grants:
(1) Pursuant to subdivision (g) of Section 5096.621 of the Public
Resources Code, eleven million six hundred sixty-nine thousand
dollars ($11,669,000) to the City of Los Angeles for acquisition and
development of local parks. These funds shall be expended by the
City of Los Angeles, as follows:
(A) Nine million five hundred thousand dollars ($9,500,000) to
fund the construction of universal access playgrounds in council
districts that currently do not have one within their boundaries.
(B) One million one hundred sixty-nine thousand dollars
($1,169,000) for urban lakes and environmental enhancement.
(C) One million dollars ($1,000,000) for the completion of design,
architectural, engineering, and construction documents for
contiguous civic center parks.
(2) Pursuant to subdivision (g) of Section 5096.621 of the Public
Resources Code, nine million three hundred thirty-five thousand
dollars ($9,335,000) to the County of Los Angeles for acquisition and
development of local parks.
(3) Pursuant to Section 5096.625 of the Public Resources Code,
nine million three hundred thirty-five thousand dollars ($9,335,000)
to the City of Rancho Cucamonga for the Central Park Project.
(4) Pursuant to Section 5096.625 of the Public Resources Code,
four million six hundred sixty-seven thousand dollars ($4,667,000) to
the City of Los Angeles for the Hansen Dam Recreation Area. These
funds shall be distributed by the City of Los Angeles in the
following amounts to the following projects:
(A) Two million five hundred forty-seven thousand dollars
($2,547,000) to the Children's Museum of Los Angeles at Hansen Dam.
(B) Five hundred thousand dollars ($500,000) to the Kid's
Campground at Hansen Dam.
(C) Two hundred fifty thousand dollars ($250,000) for improvement
of existing trails at Hansen Dam or development of new trails at
Hansen Dam, or for both of those purposes.
(D) One million one hundred twenty thousand dollars ($1,120,000)
for the construction of a new skate park at Hansen Dam.
(E) Two hundred fifty thousand dollars ($250,000) for improvement
of a parking lot at Hansen Dam.
(5) Pursuant to Section 5096.625 of the Public Resources Code,
four million six hundred sixty-seven thousand dollars ($4,667,000) to
the City of Los Angeles for the Sepulveda Basin Recreational Area.
These funds shall be used by the City of Los Angeles for the purpose
of constructing the Sepulveda Basin Sports Complex. The complex
shall include, among other things, adult softball and youth baseball
and softball diamonds and regulation soccer fields. The complex
shall be located in the Sepulveda Basin Recreation Area on property
south of Victory Boulevard and west of Balboa Boulevard.
(6) Pursuant to subdivision (b) of Section 5096.652 of the Public
Resources Code, thirty-two million six hundred seventy-three thousand
dollars ($32,673,000) to the City and County of San Francisco for
Golden Gate Park.
(7) Pursuant to subdivision (c) of Section 5096.652 of the Public
Resources Code, two million three hundred thirty-four thousand
dollars ($2,334,000) to the County of Los Angeles for the El Pueblo
Cultural and Performing Arts Center.
(c) The funds appropriated by this section shall be available for
encumbrance for three years after the date upon which the funds first
become available for encumbrance. Disbursements in liquidation of
encumbrances shall be made within five years following the last day
the appropriation is available for encumbrance.
(d) Eligible projects funded under this section with the proceeds
from the sale of any bonds shall be consistent with the requirements
of Section 16727 of the Government Code.