SECTIONS 5096.331-5096.345

5096.331.  The Legislature hereby recognizes that public financialresources are inadequate to meet all of the funding needs of localpublic park and recreation providers and that there is an urgent needfor safe, open, and accessible local park and recreationalfacilities and for the increased recreational opportunities thatprovide positive alternatives to social problems. Accordingly, it isdeclared to be the policy of this state that the funds allocatedpursuant to subdivisions (f) and (g) of Section 5096.310 to localagencies shall be appropriated primarily for projects that accomplishall of the following: (a) Rehabilitate facilities at existing local parks that willprovide for more efficient management and reduced operational costs.This may include grants to local agencies for the renovation ofrecreational facilities conveyed to local agencies resulting from thedownsizing and decommissioning of federal military installations. (b) Develop facilities that promote positive alternatives foryouth and that promote cooperation between local park and recreationservice providers and youth-serving nonprofit organizations. (c) Promote family oriented recreation, including art activities. (d) Provide for open, safe, and accessible local park lands,facilities, and botanical gardens.5096.332.  (a) Sixty percent of the total funds available for grantspursuant to subdivision (f) of Section 5096.310 shall be allocatedto cities and to districts other than a regional park district,regional park and open-space district, or regional open-spacedistrict. Each city's and district's allocation shall be in the sameratio as the city's or district's population is to the combined totalof the state's population that is included in incorporated areas andunincorporated areas within the district, except that each city ordistrict shall be entitled to a minimum allocation of thirty thousanddollars ($30,000). In any instance in which the boundary of a cityoverlaps the boundary of such a district, the population in the areaof overlapping jurisdictions shall be attributed to each jurisdictionin proportion to the extent to which each operates and manages parksand recreational areas and facilities for that population. In anyinstance in which the boundary of a city overlaps the boundary ofsuch a district, and in the area of overlap the city does not operateand manage parks and recreational areas and facilities, all grantfunds shall be allocated to the district. (b) Each city and each district subject to subdivision (a) whoseboundaries overlap shall develop a specific plan for allocating thegrant funds in accordance with the formula specified in subdivision(a). If, by April 1, 2001, the plan has not been agreed to by thecity and district and submitted to the department, the director shalldetermine the allocation of the grant funds among the affectedjurisdictions.5096.333.  (a) Forty percent of the total funds available for grantspursuant to subdivision (f) of Section 5096.310 shall be allocatedto counties and regional park districts, regional park and open-spacedistricts, or regional open-space districts formed pursuant toArticle 3 (commencing with Section 5500) of Chapter 3. (b) Each county's allocation under subdivision (a) shall be in thesame ratio as the county's population, except that each county shallbe entitled to a minimum allocation of one hundred fifty thousanddollars ($150,000). (c) In any county that embraces all or part of the territory of aregional park district, regional park and open-space district, orregional open-space district, whose board of directors is not thecounty board of supervisors, the amount allocated to the county shallbe apportioned between that district and the county in proportion tothe population of the county that is included within the territoryof the district and the population of the county that is outside theterritory of the district. (d) In any county that currently embraces all or a part of theterritory of a regional open-space district and an authority formedpursuant to Division 26 (commencing with Section 35100), theallocation shall be distributed between the county and these entitiesas follows: (1) First, the funds shall be apportioned between the district andthe county in proportion to the population of the county that isincluded within the territory of the district, and the proportion ofthe population of the county that is outside the district. Theamounts resulting from this calculation shall be known as thedistrict's share, and the county's first balance. The district'sshare shall be allocated to the district. The county's first balanceshall be further apportioned as provided in paragraph (2). (2) The county's first balance, as determined in accordance withparagraph (1), shall be further apportioned between the authority andthe county in proportion to the population of the county that isincluded within the territory of the authority, and the proportion ofthe population of the county that is outside the authority. Theamounts resulting from this calculation shall be known as theauthority's share, and the county's second balance. (3) The authority's share shall be divided equally between thecounty and the authority. The county shall receive all of the county's second balance.5096.334.  Notwithstanding Section 5096.331, of the funds allocatedon the basis of population pursuant to subdivision (f) of Section5096.310 within counties with a population of five million persons ormore, not less than 75 percent of the total amount shall beavailable as follows: (a) Not less than 20 percent for land acquisition, construction,development, and rehabilitation of at-risk youth recreationfacilities. As used in this section, "at-risk youth" means personswho have not attained the age of 21 years and are at high risk ofbeing involved in, or are involved in, one or more of the following:gangs, juvenile delinquency, criminal activity, substance abuse,adolescent pregnancy, or school failure or dropout. (b) Not less than 40 percent for projects within the mosteconomically disadvantaged areas, which may include projects alongriver parkways, conservation corridors, and parkways along corridorsof economic significance. (c) Not less than 10 percent for urban reforestation projects. (d) Not more than 5 percent for projects that convert publiclyowned land to a neighborhood park providing open-space, recreational,cultural, and festival opportunities, if the bond proceeds do notexceed 25 percent of the total project cost and there is a 75 percentfunding match.5096.335.  Funds authorized pursuant to subdivision (e) of Section5096.310 shall be administered by the State Office of HistoricPreservation and shall be available as grants, on a competitivebasis, to cities, counties, districts, local agencies formed for parkpurposes pursuant to a joint powers agreement between two or morelocal entities, and nonprofit organizations for the acquisition,development, rehabilitation, restoration, and interpretation ofhistorical resources.5096.336.  (a) Of the funds authorized pursuant to subdivision (f)of Section 5096.310, three hundred thirty-eight million dollars($338,000,000) shall be available for grants to cities, counties, anddistricts on the basis of their populations, as determined by thedepartment in cooperation with the Department of Finance, on thebasis of the most recent verifiable census data and other populationdata that the department may require to be furnished by the applicantcity, county, or district. (b) Of the funds authorized pursuant to subdivision (f) of Section5096.310, fifty million dollars ($50,000,000) available for grantspursuant to subdivision (f) of Section 5096.310 shall be allocated tocities and districts in urbanized counties providing park andrecreation services within jurisdictions of 200,000 or less inpopulation. For purposes of this subdivision, "urbanized counties"means a county with a population of 200,000 or greater.5096.337.  (a) Funds authorized pursuant to subdivisions (h), (i),and (z) of Section 5096.310 shall be available as grants, on acompetitive basis, to cities, counties, districts, local agenciesformed for park purposes pursuant to a joint powers agreement asdefined in subdivision (b), and other districts, as defined insubdivision (c). (b) For purposes of this section, "local agency" means any localagency formed for park purposes pursuant to a joint powers agreementbetween two or more local entities, excluding school districts. (c) For purposes of this section, "other districts" include anydistrict authorized to provide park, recreational, or open-spaceservices, or a combination of those services, except a schooldistrict.5096.338.  The funds allocated pursuant to subdivision (j) ofSection 5096.310 shall, upon appropriation in the annual Budget Act,be available for existing or new entities or programs designated bystatute for grants to public agencies and nonprofit organizations,and for related administrative costs. At least 50 percent of thefunds shall be available for grants to local public agencies anddistricts.5096.339.  (a) Not less than 11 percent of the funds authorized inparagraph (1) of subdivision (l) of Section 5096.310 shall beavailable as grants administered by the department to cities,counties, and nonprofit organizations for the development,rehabilitation, or restoration of facilities accredited by theAmerican Zoo and Aquarium Association (AZA) and operated by cities,counties, and nonprofit organizations, and to cities, counties, andnonprofit organizations for the development, rehabilitation, orrestoration of zoos and aquariums operated by cities, counties, andnonprofit organizations, but not yet accredited by the AZA. Thisprogram shall be known, and may be cited, as the Dr. Paul ChaffeeZoological Program. Allocation in awarding grants pursuant to thissection shall be in accordance with the following schedule: (1) Individual grants of up to one million dollars ($1,000,000),or an amount to be determined by dividing 95 percent of the total zooand aquarium funds available pursuant to this subdivision by thenumber of AZA accredited institutions at the time of enactment ofthis section, shall be made available to zoos and aquariums that areAZA accredited. (2) Not less than 20 percent or two million dollars ($2,000,000),whichever is greater, of the funds available pursuant to thissubdivision shall be reserved for institutions with annual operatingbudgets of less than one million dollars ($1,000,000). (3) Not more than 5 percent of the total funds available pursuantto this subdivision, shall be made available as grants to zoos andaquariums that have initiated the AZA accreditation process but arenot yet accredited at the time of the enactment of this section.Grants awarded under this subdivision shall be dedicated to projectswhich will enhance the institution's ability to meet standards of AZAaccreditation. (4) Not more than 5 percent of the total funds available pursuantto this subdivision shall be granted for publicly owned or nonprofitzoos and wildlife centers that may not be accredited, but that carefor animals that have been injured or abandoned and that cannot bereturned to the wild. To be eligible for this portion of those funds,applicants shall demonstrate that they serve a regional area, fosterthe environmental relationships of animals within that region, andoperate outreach and onsite programs communicating those objectivesto the public. (b) At least ten million dollars ($10,000,000) of the fundsallocate pursuant to paragraph (1) of subdivision (l) of Section5096.310 shall be provided to the California Science Center forimplementation of the Exposition Master Plan. Three million dollars($3,000,000) of this amount shall be made available to the CaliforniaAfrican-American Museum for completion of its education and visitorfacility in Exposition Park and seven million dollars ($7,000,000) ofthis amount shall be made available for the California ScienceCenter School. (c) Not less than five hundred thousand dollars ($500,000) of thefunds allocated pursuant to paragraph (1) of subdivision (l) ofSection 5096.310 shall be available as grants for facilities foreducation programs focused on the National Marine Sanctuaries alongCalifornia's coast. (d) Not less than forty-four million seven hundred fifty thousanddollars ($44,750,000) of the funds allocated pursuant to paragraph(1) of subdivision (l) of Section 5096.310 shall be made availablefor the following purposes: (1) At least ten million dollars ($10,000,000) shall be providedto the Discovery Science Center in Santa Ana for capital improvement. (2) At least ten million dollars ($10,000,000) shall be providedto the California Academy of the Sciences for capital improvementprojects. (3) At least two million dollars ($2,000,000) shall be providedtoward the creation of the Delta Science Center to carry outsignificant marine and delta aquatic education and interpretiveprograms. (4) At least fifteen million dollars ($15,000,000) shall beprovided to the Alliance of Redding Museums for capital improvementsfor the Turtle Bay-Museums and the Arboretum on the River. (5) An individual grant of four million two hundred fifty thousanddollars ($4,250,000) shall be made to the California Division ofFairs and Expositions of the Department of Food and Agriculture forcapital outlay to assist with an approved contract entered into on orbefore January 1, 2000, for an exposition or state fair relocationin any county with a population greater than 5,000,000. (6) The sum of three million five hundred thousand dollars($3,500,000) to enhance the two-acre historical exhibit at the KernCounty Museum.5096.340.  (a) Not less than 11 percent of the funds authorized inparagraph (1) of subdivision (l) of Section 5096.310 shall beavailable as grants on a competitive basis to cities, counties, andnonprofit organizations for the development or rehabilitation of realproperty consisting of urban recreational and cultural centers,museums, and facilities for wildlife education or environmentaleducation. (b) To be eligible for funding, a project shall initially benominated by a Member of the Legislature for study by the department.The department shall study each project so nominated and, prior tothe April 1 preceding the fiscal year in which funds are proposed tobe appropriated, shall submit to the Legislature a prioritizedlisting and comparative evaluation of all projects nominated prior tothe preceding July 1. (c) In establishing priorities of projects, the department shallconsider any favorable project characteristics, including, but notlimited to, all of the following: (1) The project will interpret one or more important Californiahistorical, cultural, economic, or resource themes or an importanthistorical, cultural, economic, technological, or resource theme in amajor region of California. Higher priority shall be assigned toprojects whose themes are not interpreted in any existing museum orhave demonstrable deficiencies in their presentation in an existingmuseum. (2) The project is proposed to be operated on lands that arealready in public ownership or on lands that will be acquired andused for the project in conjunction with adjoining public lands. (3) Projects that are closely related geographically to theresources, activity, structure, place, or collection of objects to beinterpreted, and are close to population centers and access routes. (4) Projects that are in, or close to, population centers or areadjacent to, or readily served by, a state highway or other mode ofpublic transportation. (5) Projects for which there are commitments, or the seriouslikelihood of commitments, of funds or the donation of land or otherproperty suitable for the project. (d) The department shall annually forward a list of the highestpriority projects to the Department of Finance for inclusion in theBudget Bill. (e) An application for a grant for a cooperative museum projectshall be submitted jointly by the city, county, or other publicagency, an institute of higher learning, or a nonprofit organizationthat cooperatively is operating, or will operate, the project.5096.341.  (a) The director shall prepare and adopt criteria andprocedures for evaluating applications for grants allocated pursuantto subdivisions (f), (g), (h), (i), and (l) of Section 5096.310.Individual applications for funds shall be submitted to thedepartment for approval as to their conformity with the requirementsof this chapter. The application shall be accompanied bycertification from the planning agency of the applicant that theproject for which the grant is requested is consistent with the parkand recreation element of the applicable city or county general planor the district park and recreation plan, as the case may be, andwill satisfy a high priority need. To utilize available grant fundsas effectively as possible, overlapping or adjoining jurisdictionsare encouraged to combine projects and submit a joint application. (b) Any applicant may allocate all or a portion of its per capitashare for a regional or state project. (c) The director shall annually forward a statement of the totalamount to be appropriated in each fiscal year for projects approvedfor grants pursuant to subdivisions (f), (g), (h), (i), and (l) ofSection 5096.310 to the Director of Finance for inclusion in theBudget Bill. A list of eligible jurisdictions and the amount of grantfunds to be allocated to each shall also be made available by thedepartment. (d) (1) Funds appropriated for grants pursuant to subdivisions(f), (g), (h), (i), and (l) of Section 5096.310 shall be encumberedby the recipient within three years from the date that theappropriation became effective. Regardless of the date of encumbranceof the granted funds, the recipient is expected to complete allfunded projects within eight years of the effective date of theappropriation. (2) Commencing with the Budget Bill for the 2009-10 fiscal year,any grant funds appropriated pursuant to subdivisions (f), (g), (h),(i), and (l) of Section 5096.310 that have not been expended by thegrantee shall revert to the fund and be available for appropriationby the Legislature for one or more of the categories specified inSection 5096.310 that the Legislature determines to be of the highestpriority statewide.5096.342.  (a) Grant funds appropriated pursuant to subdivisions(f), (g), (h), (i), and (l) of Section 5096.310 may be expended bythe grantee only for projects on lands owned by, or subject to alease or other interest held by, the grantee. (b) If a grant applicant does not have fee title to the lands, theapplicant shall demonstrate to the satisfaction of the departmentthat the proposed project will provide public benefits that arecommensurate with the type and duration of the interest in land thatis held by the applicant.5096.343.  (a) Except as provided in subdivision (c), no grant fundsauthorized pursuant to subdivisions (f), (g), (h), (i), and (l) ofSection 5096.310 may be disbursed unless the applicant has agreed, inwriting, to both of the following: (1) To maintain and operate the property funded pursuant to thischapter for a period that is commensurate with the type of projectand the proportion of state funds and local matching funds orproperty allocated to the capital costs of the project. With theapproval of the department, the grantee, or the grantee's successorin interest in the property, may transfer the responsibility tomaintain and operate the property in accordance with this section. (2) To use the property only for the purposes for which the grantwas made and to make no other use or sale or other disposition of theproperty, except as authorized by specific act of the Legislature. (b) The agreements specified in subdivision (a) shall not preventthe transfer of the property from the applicant to a public agency,if the successor public agency assumes the obligations imposed bythose agreements. (c) If the use of the property is changed to a use that is notpermitted by the category from which the grant funds wereappropriated, or if the property is sold or otherwise disposed of, anamount equal to (1) the amount of the grant, (2) the fair marketvalue of the real property, or (3) the proceeds from the sale orother disposition, whichever is greater, shall be used by the granteefor a purpose authorized by that category, pursuant to agreementwith the department as specified in subdivision (a), or shall bereimbursed to the fund and be available for appropriation by theLegislature only for a purpose authorized by that category. If theproperty sold or otherwise disposed of is less than the entireinterest in the property funded with the grant, an amount equal toeither the proceeds from the sale or other disposition of theinterest or the fair market value of the interest sold or otherwisedisposed of, whichever is greater, shall be used by the grantee for apurpose authorized by the category from which the funds wereappropriated, pursuant to agreement with the department as specifiedin subdivision (a), or shall be reimbursed to the fund and beavailable for appropriation by the Legislature only for a useauthorized by that category.5096.344.  All grants, gifts, devises, or bequests to the state,that are conditioned upon being used for park, conservation,recreational, agricultural, or other such purposes, may be acceptedand received on behalf of the state by the appropriate departmentaldirector, with the approval of the Director of Finance, and thosegrants, gifts, devises, or bequests may be available, uponappropriation by the Legislature, for expenditure for the purposesspecified in Section 5096.310.5096.345.  Except for funds continuously appropriated by thischapter, all appropriations of funds pursuant to Section 5096.310 forpurposes of the program shall be included in the Budget Bill for the2001-02 fiscal year, and each succeeding fiscal year, forconsideration by the Legislature, and shall bear the label "SafeNeighborhood Parks, Clean Water, Clean Air, and Coastal Protection(Villaraigosa-Keeley Act) Fund." The Budget Bill section shallcontain separate items for each project, each class of project, oreach element of the program for which an appropriation is made.