5096.331. The Legislature hereby recognizes that public financial
resources are inadequate to meet all of the funding needs of local
public park and recreation providers and that there is an urgent need
for safe, open, and accessible local park and recreational
facilities and for the increased recreational opportunities that
provide positive alternatives to social problems. Accordingly, it is
declared to be the policy of this state that the funds allocated
pursuant to subdivisions (f) and (g) of Section 5096.310 to local
agencies shall be appropriated primarily for projects that accomplish
all of the following:
(a) Rehabilitate facilities at existing local parks that will
provide for more efficient management and reduced operational costs.
This may include grants to local agencies for the renovation of
recreational facilities conveyed to local agencies resulting from the
downsizing and decommissioning of federal military installations.
(b) Develop facilities that promote positive alternatives for
youth and that promote cooperation between local park and recreation
service 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 grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated
to cities and to districts other than a regional park district,
regional park and open-space district, or regional open-space
district. Each city's and district's allocation shall be in the same
ratio as the city's or district's population is to the combined total
of the state's population that is included in incorporated areas and
unincorporated areas within the district, except that each city or
district shall be entitled to a minimum allocation of thirty thousand
dollars ($30,000). In any instance in which the boundary of a city
overlaps the boundary of such a district, the population in the area
of overlapping jurisdictions shall be attributed to each jurisdiction
in proportion to the extent to which each operates and manages parks
and recreational areas and facilities for that population. In any
instance in which the boundary of a city overlaps the boundary of
such a district, and in the area of overlap the city does not operate
and manage parks and recreational areas and facilities, all grant
funds shall be allocated to the district.
(b) Each city and each district subject to subdivision (a) whose
boundaries overlap shall develop a specific plan for allocating the
grant funds in accordance with the formula specified in subdivision
(a). If, by April 1, 2001, the plan has not been agreed to by the
city and district and submitted to the department, the director shall
determine the allocation of the grant funds among the affected
jurisdictions.
5096.333. (a) Forty percent of the total funds available for grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated
to counties and regional park districts, regional park and open-space
districts, or regional open-space districts formed pursuant to
Article 3 (commencing with Section 5500) of Chapter 3.
(b) Each county's allocation under subdivision (a) shall be in the
same ratio as the county's population, except that each county shall
be entitled to a minimum allocation of one hundred fifty thousand
dollars ($150,000).
(c) In any county that embraces all or part of the territory of a
regional park district, regional park and open-space district, or
regional open-space district, whose board of directors is not the
county board of supervisors, the amount allocated to the county shall
be apportioned between that district and the county in proportion to
the population of the county that is included within the territory
of the district and the population of the county that is outside the
territory of the district.
(d) In any county that currently embraces all or a part of the
territory of a regional open-space district and an authority formed
pursuant to Division 26 (commencing with Section 35100), the
allocation shall be distributed between the county and these entities
as follows:
(1) First, the funds shall be apportioned between the district and
the county in proportion to the population of the county that is
included within the territory of the district, and the proportion of
the population of the county that is outside the district. The
amounts resulting from this calculation shall be known as the
district's share, and the county's first balance. The district's
share shall be allocated to the district. The county's first balance
shall be further apportioned as provided in paragraph (2).
(2) The county's first balance, as determined in accordance with
paragraph (1), shall be further apportioned between the authority and
the county in proportion to the population of the county that is
included within the territory of the authority, and the proportion of
the population of the county that is outside the authority. The
amounts resulting from this calculation shall be known as the
authority's share, and the county's second balance.
(3) The authority's share shall be divided equally between the
county and the authority. The county shall receive all of the county'
s second balance.
5096.334. Notwithstanding Section 5096.331, of the funds allocated
on the basis of population pursuant to subdivision (f) of Section
5096.310 within counties with a population of five million persons or
more, not less than 75 percent of the total amount shall be
available as follows:
(a) Not less than 20 percent for land acquisition, construction,
development, and rehabilitation of at-risk youth recreation
facilities. As used in this section, "at-risk youth" means persons
who have not attained the age of 21 years and are at high risk of
being 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 most
economically disadvantaged areas, which may include projects along
river parkways, conservation corridors, and parkways along corridors
of economic significance.
(c) Not less than 10 percent for urban reforestation projects.
(d) Not more than 5 percent for projects that convert publicly
owned land to a neighborhood park providing open-space, recreational,
cultural, and festival opportunities, if the bond proceeds do not
exceed 25 percent of the total project cost and there is a 75 percent
funding match.
5096.335. Funds authorized pursuant to subdivision (e) of Section
5096.310 shall be administered by the State Office of Historic
Preservation and shall be available as grants, on a competitive
basis, to cities, counties, districts, local agencies formed for park
purposes pursuant to a joint powers agreement between two or more
local entities, and nonprofit organizations for the acquisition,
development, rehabilitation, restoration, and interpretation of
historical 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, and
districts on the basis of their populations, as determined by the
department in cooperation with the Department of Finance, on the
basis of the most recent verifiable census data and other population
data that the department may require to be furnished by the applicant
city, county, or district.
(b) Of the funds authorized pursuant to subdivision (f) of Section
5096.310, fifty million dollars ($50,000,000) available for grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated to
cities and districts in urbanized counties providing park and
recreation services within jurisdictions of 200,000 or less in
population. 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 a
competitive basis, to cities, counties, districts, local agencies
formed for park purposes pursuant to a joint powers agreement as
defined in subdivision (b), and other districts, as defined in
subdivision (c).
(b) For purposes of this section, "local agency" means any local
agency formed for park purposes pursuant to a joint powers agreement
between two or more local entities, excluding school districts.
(c) For purposes of this section, "other districts" include any
district authorized to provide park, recreational, or open-space
services, or a combination of those services, except a school
district.
5096.338. The funds allocated pursuant to subdivision (j) of
Section 5096.310 shall, upon appropriation in the annual Budget Act,
be available for existing or new entities or programs designated by
statute for grants to public agencies and nonprofit organizations,
and for related administrative costs. At least 50 percent of the
funds shall be available for grants to local public agencies and
districts.
5096.339. (a) Not less than 11 percent of the funds authorized in
paragraph (1) of subdivision (l) of Section 5096.310 shall be
available as grants administered by the department to cities,
counties, and nonprofit organizations for the development,
rehabilitation, or restoration of facilities accredited by the
American Zoo and Aquarium Association (AZA) and operated by cities,
counties, and nonprofit organizations, and to cities, counties, and
nonprofit organizations for the development, rehabilitation, or
restoration of zoos and aquariums operated by cities, counties, and
nonprofit organizations, but not yet accredited by the AZA. This
program shall be known, and may be cited, as the Dr. Paul Chaffee
Zoological Program. Allocation in awarding grants pursuant to this
section 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 zoo
and aquarium funds available pursuant to this subdivision by the
number of AZA accredited institutions at the time of enactment of
this section, shall be made available to zoos and aquariums that are
AZA accredited.
(2) Not less than 20 percent or two million dollars ($2,000,000),
whichever is greater, of the funds available pursuant to this
subdivision shall be reserved for institutions with annual operating
budgets of less than one million dollars ($1,000,000).
(3) Not more than 5 percent of the total funds available pursuant
to this subdivision, shall be made available as grants to zoos and
aquariums that have initiated the AZA accreditation process but are
not yet accredited at the time of the enactment of this section.
Grants awarded under this subdivision shall be dedicated to projects
which will enhance the institution's ability to meet standards of AZA
accreditation.
(4) Not more than 5 percent of the total funds available pursuant
to this subdivision shall be granted for publicly owned or nonprofit
zoos and wildlife centers that may not be accredited, but that care
for animals that have been injured or abandoned and that cannot be
returned to the wild. To be eligible for this portion of those funds,
applicants shall demonstrate that they serve a regional area, foster
the environmental relationships of animals within that region, and
operate outreach and onsite programs communicating those objectives
to the public.
(b) At least ten million dollars ($10,000,000) of the funds
allocate pursuant to paragraph (1) of subdivision (l) of Section
5096.310 shall be provided to the California Science Center for
implementation of the Exposition Master Plan. Three million dollars
($3,000,000) of this amount shall be made available to the California
African-American Museum for completion of its education and visitor
facility in Exposition Park and seven million dollars ($7,000,000) of
this amount shall be made available for the California Science
Center School.
(c) Not less than five hundred thousand dollars ($500,000) of the
funds allocated pursuant to paragraph (1) of subdivision (l) of
Section 5096.310 shall be available as grants for facilities for
education programs focused on the National Marine Sanctuaries along
California's coast.
(d) Not less than forty-four million seven hundred fifty thousand
dollars ($44,750,000) of the funds allocated pursuant to paragraph
(1) of subdivision (l) of Section 5096.310 shall be made available
for the following purposes:
(1) At least ten million dollars ($10,000,000) shall be provided
to the Discovery Science Center in Santa Ana for capital improvement.
(2) At least ten million dollars ($10,000,000) shall be provided
to the California Academy of the Sciences for capital improvement
projects.
(3) At least two million dollars ($2,000,000) shall be provided
toward the creation of the Delta Science Center to carry out
significant marine and delta aquatic education and interpretive
programs.
(4) At least fifteen million dollars ($15,000,000) shall be
provided to the Alliance of Redding Museums for capital improvements
for the Turtle Bay-Museums and the Arboretum on the River.
(5) An individual grant of four million two hundred fifty thousand
dollars ($4,250,000) shall be made to the California Division of
Fairs and Expositions of the Department of Food and Agriculture for
capital outlay to assist with an approved contract entered into on or
before January 1, 2000, for an exposition or state fair relocation
in 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 Kern
County Museum.
5096.340. (a) Not less than 11 percent of the funds authorized in
paragraph (1) of subdivision (l) of Section 5096.310 shall be
available as grants on a competitive basis to cities, counties, and
nonprofit organizations for the development or rehabilitation of real
property consisting of urban recreational and cultural centers,
museums, and facilities for wildlife education or environmental
education.
(b) To be eligible for funding, a project shall initially be
nominated by a Member of the Legislature for study by the department.
The department shall study each project so nominated and, prior to
the April 1 preceding the fiscal year in which funds are proposed to
be appropriated, shall submit to the Legislature a prioritized
listing and comparative evaluation of all projects nominated prior to
the preceding July 1.
(c) In establishing priorities of projects, the department shall
consider any favorable project characteristics, including, but not
limited to, all of the following:
(1) The project will interpret one or more important California
historical, cultural, economic, or resource themes or an important
historical, cultural, economic, technological, or resource theme in a
major region of California. Higher priority shall be assigned to
projects whose themes are not interpreted in any existing museum or
have demonstrable deficiencies in their presentation in an existing
museum.
(2) The project is proposed to be operated on lands that are
already in public ownership or on lands that will be acquired and
used for the project in conjunction with adjoining public lands.
(3) Projects that are closely related geographically to the
resources, activity, structure, place, or collection of objects to be
interpreted, and are close to population centers and access routes.
(4) Projects that are in, or close to, population centers or are
adjacent to, or readily served by, a state highway or other mode of
public transportation.
(5) Projects for which there are commitments, or the serious
likelihood of commitments, of funds or the donation of land or other
property suitable for the project.
(d) The department shall annually forward a list of the highest
priority projects to the Department of Finance for inclusion in the
Budget Bill.
(e) An application for a grant for a cooperative museum project
shall be submitted jointly by the city, county, or other public
agency, an institute of higher learning, or a nonprofit organization
that cooperatively is operating, or will operate, the project.
5096.341. (a) The director shall prepare and adopt criteria and
procedures for evaluating applications for grants allocated pursuant
to subdivisions (f), (g), (h), (i), and (l) of Section 5096.310.
Individual applications for funds shall be submitted to the
department for approval as to their conformity with the requirements
of this chapter. The application shall be accompanied by
certification from the planning agency of the applicant that the
project for which the grant is requested is consistent with the park
and recreation element of the applicable city or county general plan
or the district park and recreation plan, as the case may be, and
will satisfy a high priority need. To utilize available grant funds
as effectively as possible, overlapping or adjoining jurisdictions
are encouraged to combine projects and submit a joint application.
(b) Any applicant may allocate all or a portion of its per capita
share for a regional or state project.
(c) The director shall annually forward a statement of the total
amount to be appropriated in each fiscal year for projects approved
for grants pursuant to subdivisions (f), (g), (h), (i), and (l) of
Section 5096.310 to the Director of Finance for inclusion in the
Budget Bill. A list of eligible jurisdictions and the amount of grant
funds to be allocated to each shall also be made available by the
department.
(d) (1) Funds appropriated for grants pursuant to subdivisions
(f), (g), (h), (i), and (l) of Section 5096.310 shall be encumbered
by the recipient within three years from the date that the
appropriation became effective. Regardless of the date of encumbrance
of the granted funds, the recipient is expected to complete all
funded projects within eight years of the effective date of the
appropriation.
(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 the
grantee shall revert to the fund and be available for appropriation
by the Legislature for one or more of the categories specified in
Section 5096.310 that the Legislature determines to be of the highest
priority statewide.
5096.342. (a) Grant funds appropriated pursuant to subdivisions
(f), (g), (h), (i), and (l) of Section 5096.310 may be expended by
the grantee only for projects on lands owned by, or subject to a
lease or other interest held by, the grantee.
(b) If a grant applicant does not have fee title to the lands, the
applicant shall demonstrate to the satisfaction of the department
that the proposed project will provide public benefits that are
commensurate with the type and duration of the interest in land that
is held by the applicant.
5096.343. (a) Except as provided in subdivision (c), no grant funds
authorized pursuant to subdivisions (f), (g), (h), (i), and (l) of
Section 5096.310 may be disbursed unless the applicant has agreed, in
writing, to both of the following:
(1) To maintain and operate the property funded pursuant to this
chapter for a period that is commensurate with the type of project
and the proportion of state funds and local matching funds or
property allocated to the capital costs of the project. With the
approval of the department, the grantee, or the grantee's successor
in interest in the property, may transfer the responsibility to
maintain and operate the property in accordance with this section.
(2) To use the property only for the purposes for which the grant
was made and to make no other use or sale or other disposition of the
property, except as authorized by specific act of the Legislature.
(b) The agreements specified in subdivision (a) shall not prevent
the transfer of the property from the applicant to a public agency,
if the successor public agency assumes the obligations imposed by
those agreements.
(c) If the use of the property is changed to a use that is not
permitted by the category from which the grant funds were
appropriated, or if the property is sold or otherwise disposed of, an
amount equal to (1) the amount of the grant, (2) the fair market
value of the real property, or (3) the proceeds from the sale or
other disposition, whichever is greater, shall be used by the grantee
for a purpose authorized by that category, pursuant to agreement
with the department as specified in subdivision (a), or shall be
reimbursed to the fund and be available for appropriation by the
Legislature only for a purpose authorized by that category. If the
property sold or otherwise disposed of is less than the entire
interest in the property funded with the grant, an amount equal to
either the proceeds from the sale or other disposition of the
interest or the fair market value of the interest sold or otherwise
disposed of, whichever is greater, shall be used by the grantee for a
purpose authorized by the category from which the funds were
appropriated, pursuant to agreement with the department as specified
in subdivision (a), or shall be reimbursed to the fund and be
available for appropriation by the Legislature only for a use
authorized 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 accepted
and received on behalf of the state by the appropriate departmental
director, with the approval of the Director of Finance, and those
grants, gifts, devises, or bequests may be available, upon
appropriation by the Legislature, for expenditure for the purposes
specified in Section 5096.310.
5096.345. Except for funds continuously appropriated by this
chapter, all appropriations of funds pursuant to Section 5096.310 for
purposes of the program shall be included in the Budget Bill for the
2001-02 fiscal year, and each succeeding fiscal year, for
consideration by the Legislature, and shall bear the label "Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
(Villaraigosa-Keeley Act) Fund." The Budget Bill section shall
contain separate items for each project, each class of project, or
each element of the program for which an appropriation is made.
5096.331. The Legislature hereby recognizes that public financial
resources are inadequate to meet all of the funding needs of local
public park and recreation providers and that there is an urgent need
for safe, open, and accessible local park and recreational
facilities and for the increased recreational opportunities that
provide positive alternatives to social problems. Accordingly, it is
declared to be the policy of this state that the funds allocated
pursuant to subdivisions (f) and (g) of Section 5096.310 to local
agencies shall be appropriated primarily for projects that accomplish
all of the following:
(a) Rehabilitate facilities at existing local parks that will
provide for more efficient management and reduced operational costs.
This may include grants to local agencies for the renovation of
recreational facilities conveyed to local agencies resulting from the
downsizing and decommissioning of federal military installations.
(b) Develop facilities that promote positive alternatives for
youth and that promote cooperation between local park and recreation
service 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 grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated
to cities and to districts other than a regional park district,
regional park and open-space district, or regional open-space
district. Each city's and district's allocation shall be in the same
ratio as the city's or district's population is to the combined total
of the state's population that is included in incorporated areas and
unincorporated areas within the district, except that each city or
district shall be entitled to a minimum allocation of thirty thousand
dollars ($30,000). In any instance in which the boundary of a city
overlaps the boundary of such a district, the population in the area
of overlapping jurisdictions shall be attributed to each jurisdiction
in proportion to the extent to which each operates and manages parks
and recreational areas and facilities for that population. In any
instance in which the boundary of a city overlaps the boundary of
such a district, and in the area of overlap the city does not operate
and manage parks and recreational areas and facilities, all grant
funds shall be allocated to the district.
(b) Each city and each district subject to subdivision (a) whose
boundaries overlap shall develop a specific plan for allocating the
grant funds in accordance with the formula specified in subdivision
(a). If, by April 1, 2001, the plan has not been agreed to by the
city and district and submitted to the department, the director shall
determine the allocation of the grant funds among the affected
jurisdictions.
5096.333. (a) Forty percent of the total funds available for grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated
to counties and regional park districts, regional park and open-space
districts, or regional open-space districts formed pursuant to
Article 3 (commencing with Section 5500) of Chapter 3.
(b) Each county's allocation under subdivision (a) shall be in the
same ratio as the county's population, except that each county shall
be entitled to a minimum allocation of one hundred fifty thousand
dollars ($150,000).
(c) In any county that embraces all or part of the territory of a
regional park district, regional park and open-space district, or
regional open-space district, whose board of directors is not the
county board of supervisors, the amount allocated to the county shall
be apportioned between that district and the county in proportion to
the population of the county that is included within the territory
of the district and the population of the county that is outside the
territory of the district.
(d) In any county that currently embraces all or a part of the
territory of a regional open-space district and an authority formed
pursuant to Division 26 (commencing with Section 35100), the
allocation shall be distributed between the county and these entities
as follows:
(1) First, the funds shall be apportioned between the district and
the county in proportion to the population of the county that is
included within the territory of the district, and the proportion of
the population of the county that is outside the district. The
amounts resulting from this calculation shall be known as the
district's share, and the county's first balance. The district's
share shall be allocated to the district. The county's first balance
shall be further apportioned as provided in paragraph (2).
(2) The county's first balance, as determined in accordance with
paragraph (1), shall be further apportioned between the authority and
the county in proportion to the population of the county that is
included within the territory of the authority, and the proportion of
the population of the county that is outside the authority. The
amounts resulting from this calculation shall be known as the
authority's share, and the county's second balance.
(3) The authority's share shall be divided equally between the
county and the authority. The county shall receive all of the county'
s second balance.
5096.334. Notwithstanding Section 5096.331, of the funds allocated
on the basis of population pursuant to subdivision (f) of Section
5096.310 within counties with a population of five million persons or
more, not less than 75 percent of the total amount shall be
available as follows:
(a) Not less than 20 percent for land acquisition, construction,
development, and rehabilitation of at-risk youth recreation
facilities. As used in this section, "at-risk youth" means persons
who have not attained the age of 21 years and are at high risk of
being 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 most
economically disadvantaged areas, which may include projects along
river parkways, conservation corridors, and parkways along corridors
of economic significance.
(c) Not less than 10 percent for urban reforestation projects.
(d) Not more than 5 percent for projects that convert publicly
owned land to a neighborhood park providing open-space, recreational,
cultural, and festival opportunities, if the bond proceeds do not
exceed 25 percent of the total project cost and there is a 75 percent
funding match.
5096.335. Funds authorized pursuant to subdivision (e) of Section
5096.310 shall be administered by the State Office of Historic
Preservation and shall be available as grants, on a competitive
basis, to cities, counties, districts, local agencies formed for park
purposes pursuant to a joint powers agreement between two or more
local entities, and nonprofit organizations for the acquisition,
development, rehabilitation, restoration, and interpretation of
historical 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, and
districts on the basis of their populations, as determined by the
department in cooperation with the Department of Finance, on the
basis of the most recent verifiable census data and other population
data that the department may require to be furnished by the applicant
city, county, or district.
(b) Of the funds authorized pursuant to subdivision (f) of Section
5096.310, fifty million dollars ($50,000,000) available for grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated to
cities and districts in urbanized counties providing park and
recreation services within jurisdictions of 200,000 or less in
population. 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 a
competitive basis, to cities, counties, districts, local agencies
formed for park purposes pursuant to a joint powers agreement as
defined in subdivision (b), and other districts, as defined in
subdivision (c).
(b) For purposes of this section, "local agency" means any local
agency formed for park purposes pursuant to a joint powers agreement
between two or more local entities, excluding school districts.
(c) For purposes of this section, "other districts" include any
district authorized to provide park, recreational, or open-space
services, or a combination of those services, except a school
district.
5096.338. The funds allocated pursuant to subdivision (j) of
Section 5096.310 shall, upon appropriation in the annual Budget Act,
be available for existing or new entities or programs designated by
statute for grants to public agencies and nonprofit organizations,
and for related administrative costs. At least 50 percent of the
funds shall be available for grants to local public agencies and
districts.
5096.339. (a) Not less than 11 percent of the funds authorized in
paragraph (1) of subdivision (l) of Section 5096.310 shall be
available as grants administered by the department to cities,
counties, and nonprofit organizations for the development,
rehabilitation, or restoration of facilities accredited by the
American Zoo and Aquarium Association (AZA) and operated by cities,
counties, and nonprofit organizations, and to cities, counties, and
nonprofit organizations for the development, rehabilitation, or
restoration of zoos and aquariums operated by cities, counties, and
nonprofit organizations, but not yet accredited by the AZA. This
program shall be known, and may be cited, as the Dr. Paul Chaffee
Zoological Program. Allocation in awarding grants pursuant to this
section 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 zoo
and aquarium funds available pursuant to this subdivision by the
number of AZA accredited institutions at the time of enactment of
this section, shall be made available to zoos and aquariums that are
AZA accredited.
(2) Not less than 20 percent or two million dollars ($2,000,000),
whichever is greater, of the funds available pursuant to this
subdivision shall be reserved for institutions with annual operating
budgets of less than one million dollars ($1,000,000).
(3) Not more than 5 percent of the total funds available pursuant
to this subdivision, shall be made available as grants to zoos and
aquariums that have initiated the AZA accreditation process but are
not yet accredited at the time of the enactment of this section.
Grants awarded under this subdivision shall be dedicated to projects
which will enhance the institution's ability to meet standards of AZA
accreditation.
(4) Not more than 5 percent of the total funds available pursuant
to this subdivision shall be granted for publicly owned or nonprofit
zoos and wildlife centers that may not be accredited, but that care
for animals that have been injured or abandoned and that cannot be
returned to the wild. To be eligible for this portion of those funds,
applicants shall demonstrate that they serve a regional area, foster
the environmental relationships of animals within that region, and
operate outreach and onsite programs communicating those objectives
to the public.
(b) At least ten million dollars ($10,000,000) of the funds
allocate pursuant to paragraph (1) of subdivision (l) of Section
5096.310 shall be provided to the California Science Center for
implementation of the Exposition Master Plan. Three million dollars
($3,000,000) of this amount shall be made available to the California
African-American Museum for completion of its education and visitor
facility in Exposition Park and seven million dollars ($7,000,000) of
this amount shall be made available for the California Science
Center School.
(c) Not less than five hundred thousand dollars ($500,000) of the
funds allocated pursuant to paragraph (1) of subdivision (l) of
Section 5096.310 shall be available as grants for facilities for
education programs focused on the National Marine Sanctuaries along
California's coast.
(d) Not less than forty-four million seven hundred fifty thousand
dollars ($44,750,000) of the funds allocated pursuant to paragraph
(1) of subdivision (l) of Section 5096.310 shall be made available
for the following purposes:
(1) At least ten million dollars ($10,000,000) shall be provided
to the Discovery Science Center in Santa Ana for capital improvement.
(2) At least ten million dollars ($10,000,000) shall be provided
to the California Academy of the Sciences for capital improvement
projects.
(3) At least two million dollars ($2,000,000) shall be provided
toward the creation of the Delta Science Center to carry out
significant marine and delta aquatic education and interpretive
programs.
(4) At least fifteen million dollars ($15,000,000) shall be
provided to the Alliance of Redding Museums for capital improvements
for the Turtle Bay-Museums and the Arboretum on the River.
(5) An individual grant of four million two hundred fifty thousand
dollars ($4,250,000) shall be made to the California Division of
Fairs and Expositions of the Department of Food and Agriculture for
capital outlay to assist with an approved contract entered into on or
before January 1, 2000, for an exposition or state fair relocation
in 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 Kern
County Museum.
5096.340. (a) Not less than 11 percent of the funds authorized in
paragraph (1) of subdivision (l) of Section 5096.310 shall be
available as grants on a competitive basis to cities, counties, and
nonprofit organizations for the development or rehabilitation of real
property consisting of urban recreational and cultural centers,
museums, and facilities for wildlife education or environmental
education.
(b) To be eligible for funding, a project shall initially be
nominated by a Member of the Legislature for study by the department.
The department shall study each project so nominated and, prior to
the April 1 preceding the fiscal year in which funds are proposed to
be appropriated, shall submit to the Legislature a prioritized
listing and comparative evaluation of all projects nominated prior to
the preceding July 1.
(c) In establishing priorities of projects, the department shall
consider any favorable project characteristics, including, but not
limited to, all of the following:
(1) The project will interpret one or more important California
historical, cultural, economic, or resource themes or an important
historical, cultural, economic, technological, or resource theme in a
major region of California. Higher priority shall be assigned to
projects whose themes are not interpreted in any existing museum or
have demonstrable deficiencies in their presentation in an existing
museum.
(2) The project is proposed to be operated on lands that are
already in public ownership or on lands that will be acquired and
used for the project in conjunction with adjoining public lands.
(3) Projects that are closely related geographically to the
resources, activity, structure, place, or collection of objects to be
interpreted, and are close to population centers and access routes.
(4) Projects that are in, or close to, population centers or are
adjacent to, or readily served by, a state highway or other mode of
public transportation.
(5) Projects for which there are commitments, or the serious
likelihood of commitments, of funds or the donation of land or other
property suitable for the project.
(d) The department shall annually forward a list of the highest
priority projects to the Department of Finance for inclusion in the
Budget Bill.
(e) An application for a grant for a cooperative museum project
shall be submitted jointly by the city, county, or other public
agency, an institute of higher learning, or a nonprofit organization
that cooperatively is operating, or will operate, the project.
5096.341. (a) The director shall prepare and adopt criteria and
procedures for evaluating applications for grants allocated pursuant
to subdivisions (f), (g), (h), (i), and (l) of Section 5096.310.
Individual applications for funds shall be submitted to the
department for approval as to their conformity with the requirements
of this chapter. The application shall be accompanied by
certification from the planning agency of the applicant that the
project for which the grant is requested is consistent with the park
and recreation element of the applicable city or county general plan
or the district park and recreation plan, as the case may be, and
will satisfy a high priority need. To utilize available grant funds
as effectively as possible, overlapping or adjoining jurisdictions
are encouraged to combine projects and submit a joint application.
(b) Any applicant may allocate all or a portion of its per capita
share for a regional or state project.
(c) The director shall annually forward a statement of the total
amount to be appropriated in each fiscal year for projects approved
for grants pursuant to subdivisions (f), (g), (h), (i), and (l) of
Section 5096.310 to the Director of Finance for inclusion in the
Budget Bill. A list of eligible jurisdictions and the amount of grant
funds to be allocated to each shall also be made available by the
department.
(d) (1) Funds appropriated for grants pursuant to subdivisions
(f), (g), (h), (i), and (l) of Section 5096.310 shall be encumbered
by the recipient within three years from the date that the
appropriation became effective. Regardless of the date of encumbrance
of the granted funds, the recipient is expected to complete all
funded projects within eight years of the effective date of the
appropriation.
(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 the
grantee shall revert to the fund and be available for appropriation
by the Legislature for one or more of the categories specified in
Section 5096.310 that the Legislature determines to be of the highest
priority statewide.
5096.342. (a) Grant funds appropriated pursuant to subdivisions
(f), (g), (h), (i), and (l) of Section 5096.310 may be expended by
the grantee only for projects on lands owned by, or subject to a
lease or other interest held by, the grantee.
(b) If a grant applicant does not have fee title to the lands, the
applicant shall demonstrate to the satisfaction of the department
that the proposed project will provide public benefits that are
commensurate with the type and duration of the interest in land that
is held by the applicant.
5096.343. (a) Except as provided in subdivision (c), no grant funds
authorized pursuant to subdivisions (f), (g), (h), (i), and (l) of
Section 5096.310 may be disbursed unless the applicant has agreed, in
writing, to both of the following:
(1) To maintain and operate the property funded pursuant to this
chapter for a period that is commensurate with the type of project
and the proportion of state funds and local matching funds or
property allocated to the capital costs of the project. With the
approval of the department, the grantee, or the grantee's successor
in interest in the property, may transfer the responsibility to
maintain and operate the property in accordance with this section.
(2) To use the property only for the purposes for which the grant
was made and to make no other use or sale or other disposition of the
property, except as authorized by specific act of the Legislature.
(b) The agreements specified in subdivision (a) shall not prevent
the transfer of the property from the applicant to a public agency,
if the successor public agency assumes the obligations imposed by
those agreements.
(c) If the use of the property is changed to a use that is not
permitted by the category from which the grant funds were
appropriated, or if the property is sold or otherwise disposed of, an
amount equal to (1) the amount of the grant, (2) the fair market
value of the real property, or (3) the proceeds from the sale or
other disposition, whichever is greater, shall be used by the grantee
for a purpose authorized by that category, pursuant to agreement
with the department as specified in subdivision (a), or shall be
reimbursed to the fund and be available for appropriation by the
Legislature only for a purpose authorized by that category. If the
property sold or otherwise disposed of is less than the entire
interest in the property funded with the grant, an amount equal to
either the proceeds from the sale or other disposition of the
interest or the fair market value of the interest sold or otherwise
disposed of, whichever is greater, shall be used by the grantee for a
purpose authorized by the category from which the funds were
appropriated, pursuant to agreement with the department as specified
in subdivision (a), or shall be reimbursed to the fund and be
available for appropriation by the Legislature only for a use
authorized 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 accepted
and received on behalf of the state by the appropriate departmental
director, with the approval of the Director of Finance, and those
grants, gifts, devises, or bequests may be available, upon
appropriation by the Legislature, for expenditure for the purposes
specified in Section 5096.310.
5096.345. Except for funds continuously appropriated by this
chapter, all appropriations of funds pursuant to Section 5096.310 for
purposes of the program shall be included in the Budget Bill for the
2001-02 fiscal year, and each succeeding fiscal year, for
consideration by the Legislature, and shall bear the label "Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
(Villaraigosa-Keeley Act) Fund." The Budget Bill section shall
contain separate items for each project, each class of project, or
each element of the program for which an appropriation is made.
5096.331. The Legislature hereby recognizes that public financial
resources are inadequate to meet all of the funding needs of local
public park and recreation providers and that there is an urgent need
for safe, open, and accessible local park and recreational
facilities and for the increased recreational opportunities that
provide positive alternatives to social problems. Accordingly, it is
declared to be the policy of this state that the funds allocated
pursuant to subdivisions (f) and (g) of Section 5096.310 to local
agencies shall be appropriated primarily for projects that accomplish
all of the following:
(a) Rehabilitate facilities at existing local parks that will
provide for more efficient management and reduced operational costs.
This may include grants to local agencies for the renovation of
recreational facilities conveyed to local agencies resulting from the
downsizing and decommissioning of federal military installations.
(b) Develop facilities that promote positive alternatives for
youth and that promote cooperation between local park and recreation
service 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 grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated
to cities and to districts other than a regional park district,
regional park and open-space district, or regional open-space
district. Each city's and district's allocation shall be in the same
ratio as the city's or district's population is to the combined total
of the state's population that is included in incorporated areas and
unincorporated areas within the district, except that each city or
district shall be entitled to a minimum allocation of thirty thousand
dollars ($30,000). In any instance in which the boundary of a city
overlaps the boundary of such a district, the population in the area
of overlapping jurisdictions shall be attributed to each jurisdiction
in proportion to the extent to which each operates and manages parks
and recreational areas and facilities for that population. In any
instance in which the boundary of a city overlaps the boundary of
such a district, and in the area of overlap the city does not operate
and manage parks and recreational areas and facilities, all grant
funds shall be allocated to the district.
(b) Each city and each district subject to subdivision (a) whose
boundaries overlap shall develop a specific plan for allocating the
grant funds in accordance with the formula specified in subdivision
(a). If, by April 1, 2001, the plan has not been agreed to by the
city and district and submitted to the department, the director shall
determine the allocation of the grant funds among the affected
jurisdictions.
5096.333. (a) Forty percent of the total funds available for grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated
to counties and regional park districts, regional park and open-space
districts, or regional open-space districts formed pursuant to
Article 3 (commencing with Section 5500) of Chapter 3.
(b) Each county's allocation under subdivision (a) shall be in the
same ratio as the county's population, except that each county shall
be entitled to a minimum allocation of one hundred fifty thousand
dollars ($150,000).
(c) In any county that embraces all or part of the territory of a
regional park district, regional park and open-space district, or
regional open-space district, whose board of directors is not the
county board of supervisors, the amount allocated to the county shall
be apportioned between that district and the county in proportion to
the population of the county that is included within the territory
of the district and the population of the county that is outside the
territory of the district.
(d) In any county that currently embraces all or a part of the
territory of a regional open-space district and an authority formed
pursuant to Division 26 (commencing with Section 35100), the
allocation shall be distributed between the county and these entities
as follows:
(1) First, the funds shall be apportioned between the district and
the county in proportion to the population of the county that is
included within the territory of the district, and the proportion of
the population of the county that is outside the district. The
amounts resulting from this calculation shall be known as the
district's share, and the county's first balance. The district's
share shall be allocated to the district. The county's first balance
shall be further apportioned as provided in paragraph (2).
(2) The county's first balance, as determined in accordance with
paragraph (1), shall be further apportioned between the authority and
the county in proportion to the population of the county that is
included within the territory of the authority, and the proportion of
the population of the county that is outside the authority. The
amounts resulting from this calculation shall be known as the
authority's share, and the county's second balance.
(3) The authority's share shall be divided equally between the
county and the authority. The county shall receive all of the county'
s second balance.
5096.334. Notwithstanding Section 5096.331, of the funds allocated
on the basis of population pursuant to subdivision (f) of Section
5096.310 within counties with a population of five million persons or
more, not less than 75 percent of the total amount shall be
available as follows:
(a) Not less than 20 percent for land acquisition, construction,
development, and rehabilitation of at-risk youth recreation
facilities. As used in this section, "at-risk youth" means persons
who have not attained the age of 21 years and are at high risk of
being 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 most
economically disadvantaged areas, which may include projects along
river parkways, conservation corridors, and parkways along corridors
of economic significance.
(c) Not less than 10 percent for urban reforestation projects.
(d) Not more than 5 percent for projects that convert publicly
owned land to a neighborhood park providing open-space, recreational,
cultural, and festival opportunities, if the bond proceeds do not
exceed 25 percent of the total project cost and there is a 75 percent
funding match.
5096.335. Funds authorized pursuant to subdivision (e) of Section
5096.310 shall be administered by the State Office of Historic
Preservation and shall be available as grants, on a competitive
basis, to cities, counties, districts, local agencies formed for park
purposes pursuant to a joint powers agreement between two or more
local entities, and nonprofit organizations for the acquisition,
development, rehabilitation, restoration, and interpretation of
historical 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, and
districts on the basis of their populations, as determined by the
department in cooperation with the Department of Finance, on the
basis of the most recent verifiable census data and other population
data that the department may require to be furnished by the applicant
city, county, or district.
(b) Of the funds authorized pursuant to subdivision (f) of Section
5096.310, fifty million dollars ($50,000,000) available for grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated to
cities and districts in urbanized counties providing park and
recreation services within jurisdictions of 200,000 or less in
population. 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 a
competitive basis, to cities, counties, districts, local agencies
formed for park purposes pursuant to a joint powers agreement as
defined in subdivision (b), and other districts, as defined in
subdivision (c).
(b) For purposes of this section, "local agency" means any local
agency formed for park purposes pursuant to a joint powers agreement
between two or more local entities, excluding school districts.
(c) For purposes of this section, "other districts" include any
district authorized to provide park, recreational, or open-space
services, or a combination of those services, except a school
district.
5096.338. The funds allocated pursuant to subdivision (j) of
Section 5096.310 shall, upon appropriation in the annual Budget Act,
be available for existing or new entities or programs designated by
statute for grants to public agencies and nonprofit organizations,
and for related administrative costs. At least 50 percent of the
funds shall be available for grants to local public agencies and
districts.
5096.339. (a) Not less than 11 percent of the funds authorized in
paragraph (1) of subdivision (l) of Section 5096.310 shall be
available as grants administered by the department to cities,
counties, and nonprofit organizations for the development,
rehabilitation, or restoration of facilities accredited by the
American Zoo and Aquarium Association (AZA) and operated by cities,
counties, and nonprofit organizations, and to cities, counties, and
nonprofit organizations for the development, rehabilitation, or
restoration of zoos and aquariums operated by cities, counties, and
nonprofit organizations, but not yet accredited by the AZA. This
program shall be known, and may be cited, as the Dr. Paul Chaffee
Zoological Program. Allocation in awarding grants pursuant to this
section 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 zoo
and aquarium funds available pursuant to this subdivision by the
number of AZA accredited institutions at the time of enactment of
this section, shall be made available to zoos and aquariums that are
AZA accredited.
(2) Not less than 20 percent or two million dollars ($2,000,000),
whichever is greater, of the funds available pursuant to this
subdivision shall be reserved for institutions with annual operating
budgets of less than one million dollars ($1,000,000).
(3) Not more than 5 percent of the total funds available pursuant
to this subdivision, shall be made available as grants to zoos and
aquariums that have initiated the AZA accreditation process but are
not yet accredited at the time of the enactment of this section.
Grants awarded under this subdivision shall be dedicated to projects
which will enhance the institution's ability to meet standards of AZA
accreditation.
(4) Not more than 5 percent of the total funds available pursuant
to this subdivision shall be granted for publicly owned or nonprofit
zoos and wildlife centers that may not be accredited, but that care
for animals that have been injured or abandoned and that cannot be
returned to the wild. To be eligible for this portion of those funds,
applicants shall demonstrate that they serve a regional area, foster
the environmental relationships of animals within that region, and
operate outreach and onsite programs communicating those objectives
to the public.
(b) At least ten million dollars ($10,000,000) of the funds
allocate pursuant to paragraph (1) of subdivision (l) of Section
5096.310 shall be provided to the California Science Center for
implementation of the Exposition Master Plan. Three million dollars
($3,000,000) of this amount shall be made available to the California
African-American Museum for completion of its education and visitor
facility in Exposition Park and seven million dollars ($7,000,000) of
this amount shall be made available for the California Science
Center School.
(c) Not less than five hundred thousand dollars ($500,000) of the
funds allocated pursuant to paragraph (1) of subdivision (l) of
Section 5096.310 shall be available as grants for facilities for
education programs focused on the National Marine Sanctuaries along
California's coast.
(d) Not less than forty-four million seven hundred fifty thousand
dollars ($44,750,000) of the funds allocated pursuant to paragraph
(1) of subdivision (l) of Section 5096.310 shall be made available
for the following purposes:
(1) At least ten million dollars ($10,000,000) shall be provided
to the Discovery Science Center in Santa Ana for capital improvement.
(2) At least ten million dollars ($10,000,000) shall be provided
to the California Academy of the Sciences for capital improvement
projects.
(3) At least two million dollars ($2,000,000) shall be provided
toward the creation of the Delta Science Center to carry out
significant marine and delta aquatic education and interpretive
programs.
(4) At least fifteen million dollars ($15,000,000) shall be
provided to the Alliance of Redding Museums for capital improvements
for the Turtle Bay-Museums and the Arboretum on the River.
(5) An individual grant of four million two hundred fifty thousand
dollars ($4,250,000) shall be made to the California Division of
Fairs and Expositions of the Department of Food and Agriculture for
capital outlay to assist with an approved contract entered into on or
before January 1, 2000, for an exposition or state fair relocation
in 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 Kern
County Museum.
5096.340. (a) Not less than 11 percent of the funds authorized in
paragraph (1) of subdivision (l) of Section 5096.310 shall be
available as grants on a competitive basis to cities, counties, and
nonprofit organizations for the development or rehabilitation of real
property consisting of urban recreational and cultural centers,
museums, and facilities for wildlife education or environmental
education.
(b) To be eligible for funding, a project shall initially be
nominated by a Member of the Legislature for study by the department.
The department shall study each project so nominated and, prior to
the April 1 preceding the fiscal year in which funds are proposed to
be appropriated, shall submit to the Legislature a prioritized
listing and comparative evaluation of all projects nominated prior to
the preceding July 1.
(c) In establishing priorities of projects, the department shall
consider any favorable project characteristics, including, but not
limited to, all of the following:
(1) The project will interpret one or more important California
historical, cultural, economic, or resource themes or an important
historical, cultural, economic, technological, or resource theme in a
major region of California. Higher priority shall be assigned to
projects whose themes are not interpreted in any existing museum or
have demonstrable deficiencies in their presentation in an existing
museum.
(2) The project is proposed to be operated on lands that are
already in public ownership or on lands that will be acquired and
used for the project in conjunction with adjoining public lands.
(3) Projects that are closely related geographically to the
resources, activity, structure, place, or collection of objects to be
interpreted, and are close to population centers and access routes.
(4) Projects that are in, or close to, population centers or are
adjacent to, or readily served by, a state highway or other mode of
public transportation.
(5) Projects for which there are commitments, or the serious
likelihood of commitments, of funds or the donation of land or other
property suitable for the project.
(d) The department shall annually forward a list of the highest
priority projects to the Department of Finance for inclusion in the
Budget Bill.
(e) An application for a grant for a cooperative museum project
shall be submitted jointly by the city, county, or other public
agency, an institute of higher learning, or a nonprofit organization
that cooperatively is operating, or will operate, the project.
5096.341. (a) The director shall prepare and adopt criteria and
procedures for evaluating applications for grants allocated pursuant
to subdivisions (f), (g), (h), (i), and (l) of Section 5096.310.
Individual applications for funds shall be submitted to the
department for approval as to their conformity with the requirements
of this chapter. The application shall be accompanied by
certification from the planning agency of the applicant that the
project for which the grant is requested is consistent with the park
and recreation element of the applicable city or county general plan
or the district park and recreation plan, as the case may be, and
will satisfy a high priority need. To utilize available grant funds
as effectively as possible, overlapping or adjoining jurisdictions
are encouraged to combine projects and submit a joint application.
(b) Any applicant may allocate all or a portion of its per capita
share for a regional or state project.
(c) The director shall annually forward a statement of the total
amount to be appropriated in each fiscal year for projects approved
for grants pursuant to subdivisions (f), (g), (h), (i), and (l) of
Section 5096.310 to the Director of Finance for inclusion in the
Budget Bill. A list of eligible jurisdictions and the amount of grant
funds to be allocated to each shall also be made available by the
department.
(d) (1) Funds appropriated for grants pursuant to subdivisions
(f), (g), (h), (i), and (l) of Section 5096.310 shall be encumbered
by the recipient within three years from the date that the
appropriation became effective. Regardless of the date of encumbrance
of the granted funds, the recipient is expected to complete all
funded projects within eight years of the effective date of the
appropriation.
(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 the
grantee shall revert to the fund and be available for appropriation
by the Legislature for one or more of the categories specified in
Section 5096.310 that the Legislature determines to be of the highest
priority statewide.
5096.342. (a) Grant funds appropriated pursuant to subdivisions
(f), (g), (h), (i), and (l) of Section 5096.310 may be expended by
the grantee only for projects on lands owned by, or subject to a
lease or other interest held by, the grantee.
(b) If a grant applicant does not have fee title to the lands, the
applicant shall demonstrate to the satisfaction of the department
that the proposed project will provide public benefits that are
commensurate with the type and duration of the interest in land that
is held by the applicant.
5096.343. (a) Except as provided in subdivision (c), no grant funds
authorized pursuant to subdivisions (f), (g), (h), (i), and (l) of
Section 5096.310 may be disbursed unless the applicant has agreed, in
writing, to both of the following:
(1) To maintain and operate the property funded pursuant to this
chapter for a period that is commensurate with the type of project
and the proportion of state funds and local matching funds or
property allocated to the capital costs of the project. With the
approval of the department, the grantee, or the grantee's successor
in interest in the property, may transfer the responsibility to
maintain and operate the property in accordance with this section.
(2) To use the property only for the purposes for which the grant
was made and to make no other use or sale or other disposition of the
property, except as authorized by specific act of the Legislature.
(b) The agreements specified in subdivision (a) shall not prevent
the transfer of the property from the applicant to a public agency,
if the successor public agency assumes the obligations imposed by
those agreements.
(c) If the use of the property is changed to a use that is not
permitted by the category from which the grant funds were
appropriated, or if the property is sold or otherwise disposed of, an
amount equal to (1) the amount of the grant, (2) the fair market
value of the real property, or (3) the proceeds from the sale or
other disposition, whichever is greater, shall be used by the grantee
for a purpose authorized by that category, pursuant to agreement
with the department as specified in subdivision (a), or shall be
reimbursed to the fund and be available for appropriation by the
Legislature only for a purpose authorized by that category. If the
property sold or otherwise disposed of is less than the entire
interest in the property funded with the grant, an amount equal to
either the proceeds from the sale or other disposition of the
interest or the fair market value of the interest sold or otherwise
disposed of, whichever is greater, shall be used by the grantee for a
purpose authorized by the category from which the funds were
appropriated, pursuant to agreement with the department as specified
in subdivision (a), or shall be reimbursed to the fund and be
available for appropriation by the Legislature only for a use
authorized 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 accepted
and received on behalf of the state by the appropriate departmental
director, with the approval of the Director of Finance, and those
grants, gifts, devises, or bequests may be available, upon
appropriation by the Legislature, for expenditure for the purposes
specified in Section 5096.310.
5096.345. Except for funds continuously appropriated by this
chapter, all appropriations of funds pursuant to Section 5096.310 for
purposes of the program shall be included in the Budget Bill for the
2001-02 fiscal year, and each succeeding fiscal year, for
consideration by the Legislature, and shall bear the label "Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
(Villaraigosa-Keeley Act) Fund." The Budget Bill section shall
contain separate items for each project, each class of project, or
each element of the program for which an appropriation is made.
