BILL NUMBER: AB 270	CHAPTERED  07/18/05

	CHAPTER  47
	FILED WITH SECRETARY OF STATE  JULY 18, 2005
	APPROVED BY GOVERNOR  JULY 18, 2005
	PASSED THE ASSEMBLY  JULY 5, 2005
	PASSED THE SENATE  JULY 1, 2005
	AMENDED IN SENATE  JUNE 8, 2005
	AMENDED IN ASSEMBLY  APRIL 4, 2005

INTRODUCED BY   Assembly Member Leslie

                        FEBRUARY 8, 2005

   An act to amend Section 66907.7 of the Government Code, relating
to the California Tahoe Conservancy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 270, Leslie  California Tahoe Conservancy: eligible expenses:
soil erosion grants.
   Existing law establishes the California Tahoe Conservancy and
authorizes the conservancy to award grants to local public agencies,
state agencies, federal agencies, federally recognized Indian tribes,
the Tahoe transportation district, and nonprofit organizations to
carry out the purposes of the conservancy. Existing law requires that
the relocation by a local public agency of a water or sewer-related
infrastructure owned by a publicly owned utility 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.
   This bill would revise that requirement to specify that a public
agency is eligible to receive soil erosion grant funds for up to 2/3
of the costs of relocating a water or sewer-related infrastructure
owned by a publicly owned utility, if specified conditions are met.


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) A public agency is eligible to receive soil erosion grant
funds for up to two-thirds of the costs of relocating water or
sewer-related infrastructure owned by a publicly owned utility, if
all of the following conditions are met:
   (1) The conservancy finds that the relocation is necessary to
complete an erosion control project.
   (2) The utility is not otherwise required to relocate the
infrastructure at its own cost under the terms of a permit or
franchise agreement.
   (3) The relocation cost is not eligible for funding from any other
public funds.