BILL NUMBER: AB 2687 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2008
AMENDED IN SENATE JULY 1, 2008
AMENDED IN ASSEMBLY MAY 23, 2008
AMENDED IN ASSEMBLY APRIL 17, 2008
AMENDED IN ASSEMBLY APRIL 3, 2008
AMENDED IN ASSEMBLY MARCH 13, 2008
INTRODUCED BY Assembly Member Krekorian
(Principal coauthor: Assembly Member Leno)
(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, 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, nature education and research facilities,
and 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 for which additional consideration shall be
given to eligible projects for each criterion that is satisfied. The
department would be required to establish a tiered grant program
based on project costs 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. Individual grants
would be required to be less than or equal to $7,000,000, and a
recipient would be limited to receiving one grant in a given grant
cycle. After all the grant money has been awarded the department
would be required to report, 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. (a) 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
(b) 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.
(c) An eligible nonprofit organization may include an organization
that meets the requirements of subdivision (k) of Section 75005 that
is formed by a federally recognized Indian tribal organization.
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. Grants shall only be
issued for capital outlay and not for ongoing program costs.
5095.63. The department, in evaluating applications for grants,
shall give additional consideration for each of the following
criteria that is satisfied:
(a) The project serves communities with limited access to
environmental education opportunities.
(b) The project is designed to provide environmental education
that is accessible to diverse audiences, including through
partnerships with public education institutions, and meets language,
cultural, and accessibility needs.
(c) The applicant illustrates an ongoing commitment of financial
resources to the project so that the completion of a project will
result in a usable facility or exhibit.
(d) The project will be designed to provide efficient use of water
and other natural resources.
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 may establish
a tiered grant program based on project costs. Applications shall
only compete against other applications in the same category.
5095.65. The grand grant program
shall allow for more than one grant cycle.
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. (a) An individual grant shall be less than or equal to
seven million dollars ($7,000,000). The department may further
restrict grant amounts.
(b) A grant recipient may not receive more than one grant in a
given grant cycle.
5095.68. After all grants authorized under this program have been
awarded, and 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.