BILL NUMBER: AB 2186	CHAPTERED  08/23/04

	CHAPTER  265
	FILED WITH SECRETARY OF STATE  AUGUST 23, 2004
	APPROVED BY GOVERNOR  AUGUST 23, 2004
	PASSED THE SENATE  JULY 29, 2004
	PASSED THE ASSEMBLY  MAY 26, 2004
	AMENDED IN ASSEMBLY  MAY 20, 2004
	AMENDED IN ASSEMBLY  APRIL 12, 2004

INTRODUCED BY   Assembly Member Leslie

                        FEBRUARY 18, 2004

   An act to amend Section 66907.7 of the Government Code, relating
to natural resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2186, Leslie.  Natural resources:  California Tahoe
Conservancy.
   Existing law establishes the California Tahoe Conservancy as a
state agency within the Resources Agency and authorizes the
conservancy to select and acquire real property or interests therein
in the name of and on behalf of the state for the purposes of
protecting the natural environment, providing public access or public
recreational facilities, preserving wildlife habitat areas, or
providing access to or management of acquired lands.  The conservancy
is authorized to award grants to local public agencies, state
agencies, federal agencies, federally recognized Indian tribes, the
Tahoe Transportation District, and nonprofit organizations for these
purposes.
   This bill would provide that the relocation by a local public
agency of a water or sewer-related infrastructure owned by a publicly
owned utility shall be considered an eligible expense by the
conservancy for the purpose of awarding soil erosion grant funds, as
specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 66907.7 of the Government Code is amended to
read:
   66907.7.  (a) The conservancy may award grants to local public
agencies, state agencies, federal agencies, federally recognized
Indian tribes, the Tahoe transportation district established under
Section 66801, and nonprofit organizations, for the purposes of this
title.
   (b) Grants to nonprofit organizations for the acquisition of real
property or interests therein shall be subject to all of the
following conditions:
   (1) The purchase price of any interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
   (2) The conservancy approves the terms under which the interest in
land is acquired.
   (3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for any debt to be incurred
by the nonprofit organization unless the conservancy approves the
transaction.
   (4) The transfer of land acquired pursuant to a grant shall be
subject to the approval of the conservancy and the execution of an
agreement between the conservancy and the transferee sufficient to
protect the interest of the people of California.
   (5) The state shall have a right of entry and power of termination
in and over all interests in real property acquired with state
funds, which may be exercised if any essential term or condition of
the grant is violated.
   (6) 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, except that, prior
to that termination, another public agency or nonprofit organization
may receive title to all or a portion of that interest in real
property, by recording its acceptance of title, together with the
conservancy's approval, in writing.
   (c) Any deed or other instrument of conveyance whereby real
property is being acquired by a nonprofit organization pursuant to
this section shall be recorded and shall set forth the executory
interest or right of entry on the part of the state.
   (d) The relocation by a local public agency of a water or
sewer-related infrastructure owned by a publicly owned utility shall
be considered an eligible expense by the conservancy for the purpose
of awarding soil erosion grant funds, if that relocation is intended
to control or reduce soil erosion caused by the infrastructure to be
relocated.  A local public agency is eligible to receive grant funds
up to two-thirds of the cost of relocating the water or sewer-related
infrastructure, provided the relocation cost is not eligible for any
other public funding.