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AB-1806 Department of Parks and Recreation: Orange County Coastkeeper Garden: grant contract: termination.(2023-2024)

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Date Published: 01/08/2024 09:00 PM
AB1806:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1806

Introduced by Assembly Member Chen

January 08, 2024

An act relating to the Department of Parks and Recreation, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1806, as introduced, Chen. Department of Parks and Recreation: Orange County Coastkeeper Garden: grant contract: termination.
The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative statute approved by the voters at the November 7, 2006, statewide general election, among other things, makes $100,000,000 in bond funds available to the Department of Parks and Recreation for grants for nature education and research facilities and equipment to nonprofit organizations and public institutions, including natural history museums, aquariums, research facilities, and botanical gardens. Pursuant to that act, the department entered into a grant contract with the Orange County Coastkeeper for the construction and operation of a botanical garden.
This bill would require the department to terminate, upon mutual agreement of the department and the Orange County Coastkeeper, the grant contract.
This bill would make legislative findings and declarations as to the necessity of a special statute for the grant contract between the department and the Orange County Coastkeeper.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature hereby finds and declares all of the following:
(a) As the largest water-wise demonstration garden in the County of Orange, the Orange County Coastkeeper Garden (Coastkeeper Garden) has played a leading role in water conservation and environmental education.
(b) On July 1, 2009, the Orange County Coastkeeper entered into a grant contract with the Department of Parks and Recreation for the awarding of a grant in the amount five hundred ninety-six thousand six hundred ninety-eight dollars ($596,698) pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001) of the Public Resources Code), to construct and operate a botanical garden area with native-themed habitats, and interpretive and demonstrative exhibits and displays.
(c) In 2010, the Orange County Coastkeeper constructed the Coastkeeper Garden in partnership with, and on the grounds of, the Santiago Canyon College, as specified in the grant contract.
(d) The partnership between Orange County Coastkeeper and Santiago Canyon College allowed for instructional use of the garden for over a decade and created an ideal study space and relaxing environment for students, staff, and communities in the County of Orange.
(e) Although the Coastkeeper Garden has been successfully operated since 2010, the Orange County Coastkeeper is facing numerous challenges that are unique to the project that render continued operation of the project impossible.
(f) The Orange County Coastkeeper’s relationship with Santiago Canyon College has deteriorated.
(g) The Orange County Coastkeeper has been unable to build facilities required by the federal Americans with Disabilities Act of 1990 (Public Law 101-336), and the inability to build certain facilities is due to circumstances outside of the Orange County Coastkeeper’s control.

SEC. 2.

 The Department of Parks and Recreation shall, upon mutual agreement, terminate the grant contract, contract number C6903025, entered into by the Orange County Coastkeeper and the Department of Parks and Recreation for the Coastkeeper Garden development project, project number NE-03-003, established by grant, awarded pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001) of the Public Resources Code).

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the findings and declarations specified in Section 1 of this act.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Orange County Coastkeeper has faced numerous challenges unique to this particular project that are outside of the Orange County Coastkeeper’s control and that make it impossible to continue operating and maintaining the Orange County Coastkeeper Garden, including the inability to build facilities required by the federal Americans with Disabilities Act of 1990 (Public Law 101-336). In order to allow for the termination of the grant contract relating to the Orange County Coastkeeper Garden as soon as possible, it is necessary that this act take effect immediately.