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State
California
PRC Sec 5096.300-5096.372 SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 (THE VILLARAIGOSA-KEELEY ACT) (PARKS AND MONUMENTS)



PUBLIC RESOURCES CODE
SECTION 5096.300-5096.309





5096.300. This chapter shall be known, and may be cited, as the
Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000 (the Villaraigosa-Keeley Act).



5096.301. Responding to the recreational and open-space needs of a
growing population and expanding urban communities, this act will
revive state stewardship of natural resources by investing in
neighborhood parks and state parks, clean water protection, and
coastal beaches and scenic areas.



5096.302. The Legislature finds and declares all of the following:

(a) Historically, California's local and neighborhood parks often
serve as the recreational, social, and cultural centers for cities
and communities, providing venues for youth enrichment, senior
activities, and family recreation.
(b) Neighborhood and state parks provide safe places to play in
the urban neighborhoods, splendid scenic landscapes, exceptional
experiences, and world-recognized recreational opportunities, and in
so doing, are vital to California's quality of life and economy.
(c) For over a decade, the state's commitment to parks and natural
resources has dwindled. California has not kept pace with the
needed funding to adequately manage and maintain its multibillion
dollar investment in neighborhood, urban, and state parks and natural
areas resulting in disrepair and overcrowding of many park
facilities and the degradation of wild lands.
(d) The magnificent Pacific Coast, outstanding mountain ranges,
and unique scenic regions are the source of tremendous economic
opportunity and contribute enormously to the quality of life of
Californians.
(e) Continued economic success and enjoyment derived from
California's natural resources depends on maintaining clean water,
healthy ecosystems, and expanding public access for a growing state.

(f) The backlog of needs for repair and maintenance of local and
urban parks exceeds two billion five hundred million dollars and the
need for maintenance of state parks exceeds one billion dollars. The
state's conservancies and wildlife agencies report a need for
habitat acquisition and restoration exceeding $1.8 billion.
(g) This act will begin to address these critical neighborhood
park and natural resources needs.



5096.303. The Legislature further finds and declares all of the
following:
(a) Air pollution continues to be a major problem in California
which harms the health of our residents, costs our economy billions
of dollars related to health care costs, reduced agricultural
productivity, and damage to our infrastructure, and otherwise
decreases the quality of life in our state.
(b) Forests and trees improve air quality by removing carbon
dioxide, particulates, and other pollutants from the air, and by
producing oxygen.
(c) Park, open-space, and tree planting projects also improve air
quality and decrease congestion by reducing sprawl, improving the
quality of life in areas that are already developed by helping local
agencies implement sound land use plans that promote energy
efficiency, and by providing incentives to reduce development in
inappropriate areas.



5096.306. It is the intent of the Legislature to strongly encourage
every state or local government agency receiving the bond funds
allocated pursuant to this chapter for an activity to give full and
proper consideration to the use of recycled and reusable products
whenever possible with regard to carrying out that activity.




5096.307. (a) Every proposed activity to be funded pursuant to this
chapter shall be in compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000)).
(b) Lands acquired with funds allocated pursuant to this chapter
shall be acquired from a willing seller of the land.



5096.3075. Upon a finding by the administering entity that a
particular project for which funds have been allocated cannot be
completed, or that the funds are in excess of the total needed, the
Legislature may reallocate those funds for other high priority needs
consistent with this act.



5096.308. As used in this chapter, the following terms have the
following meanings:
(a) "Acquisition" means the acquisition from a willing seller of a
fee interest or any other interest, including easements and
development rights, in real property from a willing seller.
(b) "Board" means the Secretary of the Resources Agency designated
in accordance with subdivision (b) of Section 5096.362.
(c) "Certified local community conservation corps programs" means
programs operated by public or private nonprofit agencies pursuant to
Section 14406.
(d) "Committee" means the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Finance
Committee created pursuant to subdivision (a) of Section 5096.362.
(e) "District" means any regional park district, regional park and
open-space district, or regional open-space district formed pursuant
to Article 3 (commencing with Section 5500) of Chapter 3, any
recreation and park district formed pursuant to Chapter 4 (commencing
with Section 5780), or an authority formed pursuant to Division 26
(commencing with Section 35100). With respect to any community or
unincorporated region that is not included within a district, and in
which no city or county provides parks or recreational areas or
facilities, "district" also means any other district that is
authorized by statute to operate and manage parks or recreational
areas or facilities, employs a full-time park and recreation
director, offers year-round park and recreation services on lands and
facilities owned by the district, and allocates a substantial
portion of its annual operating budget to parks or recreation areas
or facilities
(f) "Fund" means the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund
created pursuant to Section 5096.310.
(g) "Historical resource" includes, but is not limited to, any
building, structure, site area, place, artifact, or collection of
artifacts that is historically or archaeologically significant in the
cultural annals of California.
(h) "Program" means the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Program
established pursuant to this chapter.
(i) "Secretary" means the Secretary of the Resources Agency.
(j) (1) "Stewardship" means the development and implementation of
projects for the protection, preservation, rehabilitation,
restoration, and improvement of natural systems and outstanding
features of the state park system and historical and cultural
resources. Those efforts may not include activities that merely
supplement normal park operations or that are usually funded from
other sources.
(2) (A) "Cultural resources stewardship" may include, but is not
limited to, stabilization and protection of historical resources,
including archaeological resources, in the state park system. Those
resources may include sites, features, ruins, archaeological
deposits, historical landscape resources, rock art features, and
artifacts making up the physical legacy of California's past.
(B) "Cultural resources stewardship" does not include the
rehabilitation, restoration, reconstruction, interpretation, or
mitigation of historical resources typically required as part of a
development program.
(3) "Natural resources stewardship" may include, but is not
limited to, such objectives as the control of major erosion and
geologic hazards, the restoration and improvement of critical plant
and animal habitat, the control and elimination of exotic species
encroachment, the stabilization of coastal dunes and bluffs, and the
planning necessary to implement those objectives.
(k) "Wildlife conservation partnership" means a cooperative
acquisition, restoration, or management of wildlife habitat for which
the Wildlife Conservation Board provides matching funds to leverage
other public, private, or nonprofit resources to maximize the
conservation benefits to wildlife and wildlife habitat.



5096.309. Pursuant to guidelines issued by the secretary, all
recipients of funding pursuant to this chapter shall post signs
acknowledging the source of the funds.



5096.310. The proceeds of bonds issued and sold pursuant to this
chapter shall be deposited in the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection (Villaraigosa-Keeley Act)
Bond Fund, which is hereby created. Unless otherwise specified and
except as provided in subdivision (m), the money in the fund shall be
available for appropriation by the Legislature, in the manner set
forth in this chapter, only for parks and resources improvement, in
accordance with the following schedule:
(a) The sum of five hundred two million seven hundred fifty
thousand dollars ($502,750,000) to the department for the following
purposes:
(1) To rehabilitate, restore, and improve units of the state park
system that will ensure that state park system lands and facilities
will remain open and accessible for public use.
(2) To develop, improve, rehabilitate, restore, enhance, and
protect facilities and trails at existing units of the state park
system that will provide for optimal recreational and educational
use, activities, improved access and safety, and the acquisition from
a willing seller of inholdings and adjacent lands. Adjacent lands
are lands contiguous to, or in the immediate vicinity of, existing
state park system lands and that directly benefit an existing state
park system unit.
(3) For stewardship of the public investment in the preservation
of the critical natural heritage and scenic features, and cultural
heritage stewardship projects that will preserve vanishing remnants
of California's landscape, and protect and promote a greater
understanding of California's past, and the planning necessary to
implement those efforts.
(4) For facilities and improvements to enhance volunteer
participation in the state park system.
(5) To develop, improve, and expand interpretive facilities at
units of the state park system, including educational exhibits and
visitor orientation centers.
(6) To rehabilitate and repair aging facilities at winter
recreation facilities pursuant to the Sno-Park program, as provided
for in Chapter 1.27 (commencing with Section 5091.01), that provide
for improved public safety.
(7) For projects that improve air quality related to the state
park system, including, but not limited to, the purchase of
low-emission or advanced technology vehicles and equipment and clean
fuel distribution facilities that will avoid or reduce air emissions
at state park facilities.
(b) The sum of eighteen million dollars ($18,000,000) to the
department to undertake stewardship projects, including cultural
resources stewardship and natural resources stewardship projects,
that will restore and protect the natural treasures of the state park
system, preserve vanishing remnants of California's landscape, and
protect and promote a greater understanding of California's past.
(c) The sum of four million dollars ($4,000,000) to the department
for facilities and improvements to enhance volunteer participation
in the state park system.
(d) The sum of twenty million dollars ($20,000,000) to the
department for grants to local agencies administering units of the
state park system under an operating agreement with the department,
for the development, improvement, rehabilitation, restoration,
enhancement, protection, and interpretation of lands and facilities
of, and improved access to, those locally operated units.
(e) The sum of ten million dollars ($10,000,000) to the department
for purposes consistent with Section 5079.10, for competitive
grants, in accordance with Section 5096.335.
(f) The sum of three hundred eighty-eight million dollars
($388,000,000) to the department for grants, in accordance with
Sections 5096.332, 5096.333, and 5096.336, on the basis of
population, for the acquisition, development, improvement,
rehabilitation, restoration, enhancement, and interpretation of local
park and recreational lands and facilities, including renovation of
recreational facilities conveyed to local agencies resulting from the
downsizing or decommissioning of federal military installations.
(g) The sum of two hundred million dollars ($200,000,000) to the
department for grants to cities, counties, and districts for the
acquisition, development, rehabilitation, and restoration of park and
recreation areas and facilities pursuant to the Roberti-Z'
berg-Harris Urban Open-Space and Recreational Program Act (Chapter
3.2 (commencing with Section 5620)).
(h) The sum of ten million dollars ($10,000,000) to the department
for grants, in accordance with Section 5096.337, for the improvement
or acquisition and restoration of riparian habitat, riverine aquatic
habitat, and other lands in close proximity to rivers and streams
for river and stream trail projects undertaken in accordance with
Section 78682.2 of the Water Code, and for purposes of Section 7048
of the Water Code.
(i) The sum of ten million dollars ($10,000,000) to the department
for grants, in accordance with Section 5096.337, for the
development, improvement, rehabilitation, restoration, enhancement,
and interpretation of nonmotorized trails for the purpose of
increasing public access to, and enjoyment of, public areas for
increased recreational opportunities. Not less than one million five
hundred thousand dollars ($1,500,000) of this amount shall be
allocated toward the completion of a project that links existing
bicycle and pedestrian trail systems to major urban public
transportation systems, to promote increased recreational
opportunities and nonmotorized commuter usage in the City of
Whittier. Of this amount, no less than two hundred seventy-five
thousand dollars ($275,000) shall be allocated to the East Bay
Regional Park District toward the completion of the Iron Horse Trail.
Of this amount, not less than one million dollars ($1,000,000)
shall be allocated to a regional park district for the completion of
a bike trial in the City of Concord.
(j) The sum of one hundred million dollars ($100,000,000) to the
department for grants to public agencies and nonprofit organizations
for park, youth center, and environmental enhancement projects that
benefit youth in areas that lack safe neighborhood parks, open space,
and natural areas, and that have significant poverty.
(k) The sum of two million five hundred thousand dollars
($2,500,000) to the California Conservation Corps to complete capital
outlay and resource conservation projects and administrative costs
allocable to the bond funded projects.
(l) The sum of eighty-six million five hundred thousand dollars
($86,500,000) to the department for the following purposes:
(1) The sum of seventy-one million five hundred thousand dollars
($71,500,000) for grants, in accordance with Sections 5096.339 and
5096.340, for urban recreational and cultural centers, including, but
not limited to, zoos, museums, aquariums, and facilities for
wildlife, environmental, or natural science aquatic education or
projects that combine curation of archaeological, paleontological,
and historic resources with education and basic and applied research,
and that emphasize specimens of California's extinct prehistoric
plants and animals.
(2) The sum of fifteen million dollars ($15,000,000) for grants
for regional youth soccer and baseball facilities operated by
nonprofit organizations. Priority shall be given to those grant
projects that utilize existing school facilities or recreation
facilities and serve disadvantaged youth.
(m) Notwithstanding Section 13340 of the Government Code, the sum
of two hundred sixty-five million five hundred thousand dollars
($265,500,000) is, except as provided in Section 5096.350, hereby
continuously appropriated to the Wildlife Conservation Board, without
regard to fiscal years, in accordance with Section 5096.350.
(n) The sum of fifty million dollars ($50,000,000) to the
California Tahoe Conservancy, in accordance with Section 5096.351.
(o) The sum of two hundred twenty million four hundred thousand
dollars ($220,400,000) to the State Coastal Conservancy, in
accordance with Section 5096.352.
(p) The sum of thirty-five million dollars ($35,000,000) to the
Santa Monica Mountains Conservancy, in accordance with Section
5096.353.
(q) The sum of five million dollars ($5,000,000) to the Coachella
Valley Mountains Conservancy, in accordance with Section 5096.354.
(r) The sum of fifteen million dollars ($15,000,000) to the San
Joaquin River Conservancy, in accordance with Section 5096.355.
(s) The sum of twelve million five hundred thousand dollars
($12,500,000) to the California Conservation Corps for grants for the
certified local community conservation corps program to complete
capital outlay and resource conservation projects.
(t) The sum of twenty-five million dollars ($25,000,000) to the
Department of Conservation in accordance with Section 5096.356.
(u) The sum of ten million dollars ($10,000,000) to the Department
of Forestry and Fire Protection for urban forestry programs in
accordance with Section 4799.12. The grants made pursuant to this
subdivision shall be for costs associated with the purchase and
planting of trees, and up to three years of care which ensures the
long-term viability of those trees.
(v) Notwithstanding Section 711 of the Fish and Game Code, the sum
of twelve million dollars ($12,000,000) to the Department of Fish
and Game for the following purposes:
(1) The sum of five million dollars ($5,000,000) for expenditure
in accordance with subdivision (a) of Section 5096.357.
(2) The sum of five million dollars ($5,000,000) for expenditure
in accordance with subdivision (b) of Section 5096.357.
(3) The sum of two million dollars ($2,000,000) to remove
nonnative vegetation harmful to ecological reserves in San Diego
County.
(w) The sum of thirty million dollars ($30,000,000) shall be
available for purposes of Chapter 4.5 (commencing with Section 31160)
of Division 21. Two hundred fifty thousand dollars ($250,000) shall
be allocated to Mount Diablo State Park.
(x) The sum of seven million dollars ($7,000,000) to the
California Integrated Waste Management Board for grants to local
agencies to assist them in meeting state and federal accessibility
standards relating to public playgrounds if the local agency
guarantees that 50 percent of the grant funds will be used for the
improvement or replacement of playground equipment or facilities
through the use of recycled materials and that matching funds in an
amount equal to not less than 50 percent of the total amount of those
grant funds will be provided through either public or private funds
or in-kind contributions. The board may reduce this matching fund
requirement to not less than 25 percent if it determines that the
50-percent requirement would impose an extreme financial hardship on
the local agency applying for the grant. The board may expend the
funds allocated pursuant to this subdivision, upon appropriation by
the Legislature, for the purposes specified herein.
(y) The sum of fifteen million dollars ($15,000,000) to a city for
rehabilitation, restoration, or enhancement to a city park that is
over 1,000 acres that serves an urban area of over 750,000 population
in northern California and that provides recreational, cultural, and
scientific resources.
(z) (1) The sum of six million two hundred fifty thousand dollars
($6,250,000) to the secretary to administer grants to the Sierra
Nevada-Cascade Program, in accordance with Section 5096.347.
(2) The sum of thirty-three million five hundred thousand dollars
($33,500,000) to the secretary to administer a river parkway and
restoration program to assist local agencies and other districts to
plan, create, and conserve river parkways. The secretary shall make
funds available in accordance with Sections 7048 and 78682.2 of the
Water Code, and any other applicable authority, for the following
purposes:
(A) Twenty-five million dollars ($25,000,000) for the acquisition
or restoration of public lands within the Los Angeles River
Watershed, the San Gabriel River Watershed, and the San Gabriel
Mountains and to provide open space, nonmotorized trails, bike paths,
and other low-impact recreational uses and wildlife and habitat
restoration and protection. Ten million dollars ($10,000,000) shall
be allocated for the Los Angeles River Watershed, and fifteen million
dollars ($15,000,000) shall be allocated for the San Gabriel River
Watershed and the San Gabriel Mountains and lower Los Angeles River.

(B) Two million five hundred thousand dollars ($2,500,000) for
river parkway projects along the Kern River between the mouth of the
Kern Canyon and I-5.
(C) One million dollars ($1,000,000) for land acquisition in the
Santa Clarita Watershed.
(D) Three million dollars ($3,000,000) for watershed, riparian,
and wetlands restoration along the Sacramento River in Yolo, Glenn,
and Colusa Counties.
(E) Two million dollars ($2,000,000) for the construction of a
visitor center at a state recreation area encompassing a body of
water along the American River.
(3) The sum of two million dollars ($2,000,000) to the secretary
for resource conservation and urban water recycling that addresses
multicounty regional recreational needs, provides habitat
restoration, and enjoys joint sponsorship by multiple local agencies
and nonprofit organizations in the County of Sonoma.
(4) The sum of one million one hundred thousand dollars
($1,100,000) to the secretary, one hundred thousand dollars
($100,000) of which shall be made available to fund a community
center in San Benito County, one hundred thousand dollars ($100,000)
of which shall be made available to fund a veterans park in San
Benito County, five hundred thousand dollars ($500,000) of which
shall be made available to fund a community center in the City of
Galt, and four hundred thousand dollars ($400,000) of which shall be
made available to fund a community center in the City of Gilroy.
(5) The sum of two million dollars ($2,000,000) to the secretary
for Camp Arroyo in Alameda County.
(6) The sum of one million dollars ($1,000,000) to the secretary
to construct a rehabilitation center for injured endangered and
indigenous wild animals at the Wildhaven Center in the San Bernardino
Mountains.



5096.320. The Legislature hereby recognizes that public financial
resources are inadequate to meet all capital outlay needs of the
state park system and that the need for the acquisition, development,
restoration, rehabilitation, improvement, and protection of state
park system lands and facilities has increased to the point that
their continued well-being and the realization of their full public
benefit is in jeopardy.
(a) The department shall annually submit to the Legislature and to
the secretary a report, consisting of a prioritized listing and
comparative evaluation of needs.
(b) Projects approved by the secretary shall be forwarded by the
secretary to the Director of Finance for inclusion in the Budget
Bill.



5096.322. (a) No later than November 1, 2001, the director shall
determine the amount of funding that is necessary to complete all
deferred maintenance projects within each unit of the state park
system.
(b) Except as provided in subdivision (c), no proceeds of the
bonds issued and sold pursuant to this chapter may be used to acquire
improved property for a unit of the state park system until 75
percent of the amount determined pursuant to subdivision (a) has been
appropriated, and allocated to complete deferred maintenance
projects within that unit from an appropriated funding source other
than the proceeds of the bonds issued and sold pursuant to this
chapter.
(c) Real property may be acquired under this chapter for a unit of
the state park system that does not meet the requirements of
subdivision (b) only if the director finds, with respect to that
unit, that a unique opportunity is presented to acquire real property
that will constitute a significant improvement of the state park
system.
(d) As used in this section, "deferred maintenance project" means
any project identified in the department's 2001 Deferred Maintenance
Assessment that rehabilitates or repairs a facility to a safe and
usable condition for the visiting public.



5096.323. Fifty million dollars ($50,000,000) of the funds
allocated pursuant to subdivision (a) of Section 5096.310 shall be
expended for the acquisition of land from willing sellers that are a
high priority for both the state parks system and for habitat
purposes, with priority given to projects that protect habitat for
rare, threatened, or endangered species pursuant to a natural
community conservation plan adopted pursuant to Chapter 10
(commencing with Section 2800) of Division 10 of the Fish and Game
Code, if the acquisition of the land is conducted in conjunction with
a natural community conservation plan approved by the Department of
Fish and Game prior to January 1, 1999, or if the acquisition is
approved by statute. Notwithstanding paragraph (2) of subdivision
(a) of Section 5096.310, those land acquisitions may be for either
new or existing units of the state park system.



5096.324. Funds appropriated to the department pursuant to
subdivision (a) of Section 5096.310 shall be made available for the
following purposes:
(a) The sum of fifteen million dollars ($15,000,000) to preserve
and restore a unit of the state parks system that preserves and
restores cultural and historical immigration resources in northern
California.
(b) The sum of two million six hundred thousand dollars
($2,600,000) to construct visitor centers in state parks, state
recreation areas, and state historic parks. The department shall
give priority to projects at Chino Hills State Park and California
Citrus State Historic Park.
(c) Up to six hundred fifty thousand dollars ($650,000) for
playground equipment upgrades in state recreation areas.
(d) The sum of two hundred fifty thousand dollars ($250,000) for
restoration of state reserves that maintain the state flower.
(e) The sum of one million dollars ($1,000,000) for restoration of
state beaches.
(f) The sum of five million dollars ($5,000,000) for restoration,
study, and curation of paleontological, archaeological, and
historical resource site protection. Priority shall be given to
projects that combine curation of archaeological, paleontological,
and historical resources with education and basic and applied
research, and that emphasize specimens of California's extinct
prehistoric plants and animals.
(g) The sum of two million seven hundred fifty thousand dollars
($2,750,000), two million five hundred thousand dollars ($2,500,000)
of which shall be allocated for capital outlay projects at the Empire
Mine State Historic Park, and two hundred fifty thousand dollars
($250,000) of which shall be allocated for Columbia State Historic
Park.
(h) The sum of ten million dollars ($10,000,000) for the
acquisition of lands from willing sellers of lands that are forested
with redwoods or that will enhance the protection or preservation of
the redwood forest ecosystem. The department shall give preference
to projects where matching contributions in funding from other public
agencies, private parties, or nonprofit organizations are available.

(i) Up to five hundred thousand dollars ($500,000) to construct
trails, trailheads, and parking, and to provide nonvehicular public
access between the Bear and Mendoza Ranch open space and adjacent
Henry Coe State Park.



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, (continued)