BILL NUMBER: AB 2687	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2008
	AMENDED IN ASSEMBLY  APRIL 3, 2008
	AMENDED IN ASSEMBLY  MARCH 13, 2008

INTRODUCED BY   Assembly Member Krekorian
   (Coauthor: Assembly Member De Leon)

                        FEBRUARY 22, 2008

   An act to add Chapter 1.58 (commencing with Section 5095.60) to
Division 5 of the Public Resources Code, relating to parks and
recreation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2687, as amended, Krekorian. Parks and nature education
facilities.
   The Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006, an initiative statute
adopted by the voters at the November 7, 2006, statewide general
election, among other things, makes $100,000,000 in bond funds
available to the Department of Parks and Recreation (department) for
grants for nature education and research facilities and equipment to
nonprofit organizations and public institutions, including natural
history museums, aquariums,  nature education and 
research facilities, and botanical gardens.
   This bill would require the department to establish a program to
offer grants, on a competitive basis, to eligible projects submitted
by eligible nonprofit or publicly operated nonprofit organizations,
and public institutions, including natural history museums,
aquariums, research facilities, or botanical gardens.
   The bill would provide that eligible projects are grants for
buildings, structures, and exhibit galleries that present collections
to inspire and educate the public and for marine wildlife
conservation research equipment and facilities. The bill would also
specify the criteria to rank eligible projects. The department would
be required to establish a tiered grant schedule based on certain
factors in order to fund a range of projects at both large and small
facilities. The grant money would be required to be encumbered and
expended within a certain timeframe, and after all grant money had
been awarded the department would be required to report,  on
or before January 1   by January 15  and yearly
thereafter, to the Legislature with regard to certain aspects of the
program.
   The bill would provide that in any case in which the provisions of
the bill, or the program pursuant to which the grants are made at
the direction of the bill, and the initiative conflict, the
initiative shall prevail.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Chapter 1.58 (commencing with Section 5095.60) is added
to Division 5 of the Public Resources Code, to read:
      CHAPTER 1.58.  PARKS AND NATURE EDUCATION FACILITIES


   5095.60.  The one hundred million dollars ($100,000,000) made
available to the department pursuant to subdivision (b) of Section
75063, upon appropriation, shall be used by the department,
consistent with Section 75063, to award competitive grants to
nonprofit organizations and public institutions, in accordance with
this chapter.
   5095.61.  The department shall establish a program to offer
grants, on a competitive basis, to eligible projects submitted by
nonprofit or publicly operated nonprofit organizations and public
institutions, including natural history museums, aquariums, nature
education and research facilities, and botanical gardens. Eligible
institutions include those that combine the study of natural science
with preservation, demonstration, and education programs that serve
diverse populations, institutions that provide collections and
programs related to the relationship of Native American cultures to
the environment, and institutions for marine wildlife conservation
research.
   5095.62.  The department may award a grant pursuant to this
chapter only to an eligible project. Eligible projects are grants for
buildings, structures, and exhibit galleries that present
collections to inspire and educate the public and for marine wildlife
conservation research equipment and facilities.
   5095.63.  Eligible projects shall be ranked based upon the
following criteria:
   (a) The grant applicant serves a diverse population.
   (b) The proposed project includes an education component that
includes bringing students and teachers onsite.
   (c) The grant applicant has collections and programs related to
the relationship of Native American cultures to the environment.
   (d) The grant applicant performs research related to marine
wildlife.
   (e) The project combines natural science with preservation,
demonstration, and education programs.
   5095.64.  The grant program shall be designed to fund a range of
projects at both large and small natural history museums, aquariums,
botanical gardens, and nature education and research facilities. To
accommodate the wide range of projects, the department shall
establish a tiered grant schedule based on factors, including the
number of visitor-days served or projected to be served by the
project and annual operating revenues or projected annual operating
revenues. 
   5095.65.  A nonprofit grant applicant, at the time of submitting
the grant application, shall demonstrate that the applicant
qualifies; is subject to the Nonprofit Corporation Law (commencing
with Section 5000 of the Corporations Code) and qualified under
Section 501(c)(3) of the Internal Revenue Code; and satisfies the
annual reporting requirements set forth in Section 6320 and
subdivision (a) of Section 6321 of the Corporations Code, including
all of the following:
   (a) Adequate and correct books and records of account.
   (b) Minutes of the proceedings of its members, board, and
committees of the board.
   (c) A record of its members giving their names and the class of
membership held by each.
   (d) An annual report to be sent to the members not later than 120
days after the close of the corporation's fiscal year.  

   5095.65.  A nonprofit grant applicant, at the time of submitting
the grant application, shall demonstrate that the applicant qualifies
to do business in California and is qualified under Section 501(c)
(3) of the Internal Revenue Code. 
   5095.66.  A grant recipient shall encumber grant moneys within
three years of the date of the appropriation of grant funds, and the
grant funds shall be expended within eight years from the date of
appropriation.
   5095.67.  Grant funds appropriated pursuant to this chapter that
have not been expended by the grant recipient by ________ shall
revert back to the department.
   5095.68.  After all grants authorized under this program have been
awarded, and  on or before January 1   by
January 15  of each year thereafter, the department shall report
to the Legislature on the recipients and amount of each grant,
number of grant applications received, and total amount of funds
sought by the applicants.
   5095.69.  A grant awarded pursuant to this chapter shall meet the
considerations set forth in subdivision (b) of Section 75063.
   5095.70.  In any case in which any of the provisions of this
chapter, or any of the projects pursuant to which grants are made at
the direction of this chapter, and Division 43 (commencing with
Section 75001) conflict, that division shall prevail.