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AB-1338 Community foundations.(2019-2020)

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Date Published: 03/18/2019 09:00 PM
AB1338:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1338


Introduced by Assembly Member Irwin

February 22, 2019


An act to amend Section 65965 of the Government Code, relating to community foundations.


LEGISLATIVE COUNSEL'S DIGEST


AB 1338, as amended, Irwin. Community foundations.
The Planning and Zoning Law provides that if a state or local agency requires a person to transfer to that agency an interest in real property to mitigate the environmental impact of a project or facility, that agency may authorize specified entities, including a community foundation, to hold title to, and manage that interest in, real property, as well as any endowment. Existing law defines a community foundation for this purpose as, among other things, meeting the requirements of a community trust, being exempt from taxation, being qualified to do business in this state, comply with National Standards for U.S. Community Foundations, and being registered with the Registry of Charitable Trusts maintained by the Attorney General, as specified.
This bill would further define a community foundation for this purpose of providing each of its board members and officers training on performance of their fiduciary duties within a specified time period after the commencement of their tenure with the foundation, and periodically thereafter. The bill would also require a community foundation to post information about its fulfillment of this requirement, and the compliance of each board member and officer, on its internet website.

Existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act, requires the Attorney General to establish and maintain a register of charitable corporations, unincorporated associations, and trustees and authorizes the Attorney General to conduct investigations, as necessary, and obtain information, copies of instruments, reports, and records needed for the establishment and maintenance of the register.

This bill would state the intent of the Legislature to enact legislation that would require the board members and officers of a community foundation to obtain financial fiduciary training.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 65965 of the Government Code is amended to read:

65965.
 For the purposes of this chapter, the following definitions apply:
(a) “Endowment” means the funds that are conveyed solely for the long-term stewardship of a mitigation property. Endowment funds are held as charitable trusts that are permanently restricted to paying the costs of long-term management and stewardship of the mitigation property for which the funds were set aside. Endowments shall be governed by the underlying laws, regulations, and specific governmental approvals under those laws and regulations pursuant to which the endowments were exacted, consistent with subdivision (b) of Section 65966 and with the Uniform Prudent Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code). Endowments do not include funds conveyed for meeting short-term performance objectives of a project.
(b) “Community foundation” means any community foundation that meets all of the following requirements:
(1) Meets the requirements of a community trust under Section 1.170A-9(f)(10)-(11) of Title 26 of the Code of Federal Regulations.
(2) Is exempt from taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code.
(3) Is qualified to do business in this state.
(4) Is a “qualified organization” as defined in Section 170(h)(3) of the Internal Revenue Code.
(5) Has complied with National Standards for U.S. Community Foundations as determined by the Community Foundations National Standards Board, a supporting organization of the Council on Foundations.
(6) Is registered with the Registry of Charitable Trusts maintained by the Attorney General pursuant to Section 12584.
(7) On and after January 1, 2021, provides each of its board members and officers training on performance of their fiduciary duties within a specified time period after the commencement of their tenure with the community foundation, and periodically thereafter. A community foundation shall also post information about its fulfillment of this requirement, and the compliance of each board member and officer, on its internet website.
(c) “Conservation easement” means a conservation easement created pursuant to Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code.
(d) “Direct protection” means the permanent protection, conservation, and preservation of lands, waters, or natural resources, including, but not limited to, agricultural lands, wildlife habitat, wetlands, endangered species habitat, open-space areas, or outdoor recreational areas.
(e) “Governmental entity” means any state agency, office, officer, department, division, bureau, board, commission, public postsecondary educational institution, city, county, or city and county, or a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) that meets either of the following requirements:
(1) The joint powers authority was created for the principal purpose and activity of the direct protection or stewardship of land, water, or natural resources, including, but not limited to, agricultural lands, wildlife habitat, wetlands, endangered species habitat, open-space areas, and outdoor recreational areas.
(2) The joint powers authority was created for the purpose of constructing, maintaining, managing, controlling, and operating transportation infrastructure, such as major thoroughfares and bridges.
(f) (1) “Mitigation agreement” means either of the following:
(A) A written agreement between the project proponent and the entity qualified to hold the property and the endowment pursuant to this chapter, which is submitted to the state or local agency for the purpose of obtaining any permit, clearance, or mitigation approval from that state or local agency.
(B) A written agreement between the project proponent and the entity qualified to hold the property pursuant to this chapter, including any agreement with an entity qualified to hold the endowment pursuant to this chapter, which is submitted to the state or local agency for the purpose of obtaining any permit, clearance, or mitigation approval from that state or local agency.
(2) A mitigation agreement shall govern the long-term stewardship of the property and the endowment.
(g) “Congressionally chartered foundation” means a nonprofit organization that meets all of the following requirements:
(1) Is chartered by the United States Congress.
(2) Is exempt from taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code.
(3) Is qualified to do business in this state.
(4) Is registered with the Registry of Charitable Trusts maintained by the Attorney General pursuant to Section 12584.
(5) Has as a purpose the conservation and management of fish, wildlife, plants, and other natural resources, which includes, but is not limited to, the direct protection or stewardship of land, water, or natural wildlife habitat, wetlands, endangered species habitat, open-space areas, and outdoor recreational areas.
(h) “Nonprofit organization” means any nonprofit organization that meets all of the following requirements:
(1) Is exempt from taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code.
(2) Is qualified to do business in this state.
(3) Is a “qualified organization” as defined in Section 170(h)(3) of the Internal Revenue Code.
(4) Is registered with the Registry of Charitable Trusts maintained by the Attorney General pursuant to Section 12584.
(5) Has as its principal purpose and activity the direct protection or stewardship of land, water, or natural resources, including, but not limited to, agricultural lands, wildlife habitat, wetlands, endangered species habitat, open-space areas, and outdoor recreational areas.
(i) “Project proponent” means an individual, business entity, agency, or other entity that is developing a project or facility and is required to mitigate any adverse impact upon natural resources.
(j) “Property” means fee title land or any partial interest in real property, including a conservation easement, that may be conveyed pursuant to a mitigation requirement by a state or local agency.
(k) “Special district” means any of the following special districts:
(1) A special district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 or Division 26 (commencing with Section 35100) of the Public Resources Code.
(2) A resource conservation district organized pursuant to Division 9 (commencing with Section 9001) of the Public Resources Code.
(3) A district organized or formed pursuant to the Metropolitan Water District Act (Chapter 209 of the Statutes of 1969).
(4) A county water district organized under Division 12 (commencing with Section 30000) of the Water Code, that has more than 5,000 acres of mitigation lands.
(5) A special district formed pursuant to Chapter 2 (commencing with Section 11561) of Division 6 of the Public Utilities Code that provides water and wastewater treatment services.
(6) A district organized or formed pursuant to the County Water Authority Act (Chapter 545 of the Statutes of 1943).
(7) A local flood control district formed pursuant to any law.
(l) “Stewardship” encompasses the range of activities involved in controlling, monitoring, and managing for conservation purposes a property, or a conservation or open-space easement, as defined by the terms of the easement, and its attendant resources.

SECTION 1.

It is the intent of the Legislature to enact legislation that would require the board members and officers of a community foundation to obtain financial fiduciary training.