Cal. Pub. Res. Code § 71305
STATEWIDE ENVIRONMENTAL EDUCATION
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2013
As of January 1, 2011
(a) The Environmental Education Account is hereby established within the State Treasury. Moneys in the account may, upon appropriation by the Legislature, be expended by the California Environmental Protection Agency for the purposes of this part. The Secretary for Environmental Protection shall administer this part, including, but not limited to, the account.
(a) The Environmental Education Account is hereby established within the State Treasury. Moneys in the account may, upon appropriation by the Legislature, be expended by the department for the purposes of this part. The Director of Resources Recycling and Recovery shall administer this part, including, but not limited to, the account.
(b) Notwithstanding any other law to the contrary, the agency may accept and receive federal, state, and local funds and contributions of funds from a public or private organization or individual. The account may also receive proceeds from a judgment in state or federal court, when the funds are contributed or the judgment specifies that the proceeds are to be used for the purposes of this part. The account may receive those funds, contributions, or proceeds from judgments, that are specifically designated for use for environmental education purposes. The agency may enter into an agreement with an external fiscal agent for the receipt of those contributions for use for the purposes of this part. Private contributors shall not have the authority to further influence or direct the use of their contributions, regardless of whether their contributions are made directly to the agency or to an external fiscal agent.
(b) Notwithstanding any other law to the contrary, the department may accept and receive federal, state, and local funds and contributions of funds from a public or private organization or individual. The account may also receive proceeds from a judgment, settlement, fine, penalty, or other mechanism, in state or federal court, when the funds are contributed or the judgment specifies that the proceeds are to be used for the purposes of this part. The account may receive those funds, contributions, or proceeds from judgments, that are specifically designated for use for environmental education purposes. Private contributors shall not have the authority to further influence or direct the use of their contributions.
(c) (1) For purposes of this section, an “external fiscal agent” means an independent nonprofit organization that may receive and retain contributions from a private organization or individual, or both, intended to support the purposes of this part. The external fiscal agent shall retain all contributions for the purposes of this part in a single account, without regard to the origin of those contributions, and shall not expend any moneys from the account, except at the direction of the Secretary for Environmental Protection. The external fiscal agent shall be required to enter into a contract with the Secretary for Environmental Protection, which shall prescribe procedures for the expenditure of contributions made for the purposes of this part.
(2) (A) All donations received by the fiscal agent shall be reviewed by the Secretary for Environmental Protection and the Department of Finance to ensure the donations and gifts are consistent with state law and policies regarding the receipt of gifts to the state and the purposes for which those gifts are intended.
(B) Terms and conditions, including the purposes for which the donations shall be expended, of the contract entered into between the state and the fiscal agent shall be subject to review by the Department of Finance.
(C) The Department of Finance shall review the proposed contract within 45 business days of receiving a complete contract, including all exhibits and related supporting documents.
(3) (A) The external fiscal agent shall maintain separate bank or savings and loan association accounts to account for any money under its control, and shall follow the same approval procedures and reporting requirements as apply to any account outside the State Treasury, as may be prescribed in the State Administrative Manual, including all year-end accounting reporting requirements.
(B) Any bank or investment interest earned by the fiscal agent resulting from donations received by the fiscal agent pursuant to this section shall be remitted to the state for the purposes of the Education and the Environment Initiative program.
(4) Notwithstanding Section 10231.5 of the Government Code, the agency shall report, pursuant to the requirements in Section 9795 of the Government Code, to the Joint Legislative Budget Committee and the relevant fiscal and policy committees of each house of the Legislature no later than January 10, 2011, and annually thereafter on the condition of the account described in paragraph (1), including expenditures, if any, from the account in the prior fiscal year and anticipated expenditures in the current and upcoming fiscal year. The agency shall submit an update to the report, to the required entities, containing any revisions or updates to the condition of the account or the anticipated expenditures therefrom, no later than May 15, 2011, and annually thereafter.
(c) Notwithstanding any other law, a state agency that requires the development of, or encourages the promotion of, environmental education for elementary and secondary school pupils, may contribute to the account.
(d) The department shall immediately deposit any funds contributed pursuant to subdivision (b) into the account.
(e) The Legislature finds and declares that the maintenance of the account is of the utmost importance to the state and that it is essential that any moneys in the account be used solely for the purposes authorized in this section and not be used, loaned, or transferred for any other purposes. Further, state agencies that promote environmental education for elementary and secondary school pupils will benefit from the environmental curriculum adopted pursuant to this part and should provide equitable and balanced support for the program.
(g) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2013, deletes or extends that date.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.