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AB-1692 Ocean resources: California Ocean Science Trust: reports.(2023-2024)



Current Version: 02/17/23 - Introduced

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AB1692:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1692

Introduced by Assembly Member Dixon

February 17, 2023

An act to amend Section 36994 of the Public Resources Code, relating to ocean resources, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1692, as introduced, Dixon. Ocean resources: California Ocean Science Trust: reports.
Existing law authorizes the Secretary of the Natural Resources Agency to enter into an agreement with an existing nonprofit corporation with broad experience as the trustee of public funds, court-ordered mitigation funds, or other funds used to assist public agencies in carrying out their responsibilities to establish a nongovernmental trust, to be known as the California Ocean Science Trust. Existing law requires the trust to do certain things, including report in writing annually to the Legislature and the Chair of the Joint Committee on Fisheries and Aquaculture on certain financial matters.
This bill would require the secretary to post on the Natural Resources Agency’s internet website the above described report. The bill would make other nonsubstantive changes.
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.

 Section 36994 of the Public Resources Code is amended to read:

36994.
 (a) The trust shall do all of the following:
(1) Expend funds only for the purposes of the trust enumerated in Section 36990 and as further restricted by the sources of the trust’s funding.
(2) Make written findings for funds committed for projects, indicating how the projects further the purposes of the trust enumerated in Section 36990.
(3) Require the recipient of funds to keep records necessary to disclose whether the funds were used for the purposes specified by the trust.
(4) Invest and manage the funds of the trust in accordance with the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code).
(5) The trust shall report (A) Report in writing annually to the Legislature and to the Chair of the Joint Committee on Fisheries and Aquaculture. The annual report shall include the most recent financial audit of the trust and the written findings required pursuant to paragraph (2). The activities of the trust for any financial year may be audited by the Bureau of State Audits.
(B) The Secretary of the Natural Resources Agency shall post the reports prepared pursuant to subparagraph (A) on the Natural Resources Agency’s internet website.
(C) A report submitted to the Legislature pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(b) The trustees shall ensure that the trust, individual trustees acting on behalf of the trust and employees or agents of the trust do not engage in lobbying or contribute to, or otherwise support, any political party, candidate, or ballot issue.
(c) This chapter does not expand the authority of the trust to contract for professional services beyond the authority to contract for those services in Section 19130 of the Government Code.

SEC. 2.

 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:
In order to ensure that the most recent reports prepared pursuant to Section 36994 of the Public Resources Code get posted online, it necessary for this act to take effect immediately.