AMENDED IN SENATE MARCH 9, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

96

CHAPTER 300

Statutes of 2022

[ Approved by Governor September 13, 2022. Filed with Secretary of State September 13, 2022. ]

Introduced by Senator Laird

(Coauthors: Senators Allen, Hertzberg, Min, Ochoa Bogh, Stern, and Umberg)

February 9, 2022

An act to amend Sections 20090, 20091, and 20092 of the Education Code, relating to historical preservation.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

(1) The California Cultural and Historical Endowment Act establishes the California Cultural and Historical Endowment in the Natural Resources Agency. Among other things, the act authorizes the endowment to make grants and loans on a competitive basis to public agencies and nonprofit organizations, as defined, to encourage development of California’s historical and cultural resources. Existing law, to the extent funding is available, requires the endowment to establish a program to assist and enhance the services of California’s museums and of other groups and institutions that undertake cultural projects that are deeply rooted in and reflective of previously underserved communities. Existing law requires the program to give priority to certain museum and cultural programs and projects, as provided.

This bill would revise and recast those provisions to, among other things, instead require the endowment to establish a competitive grant program to assist and enhance the services of museums in the state that undertake programs and projects that are deeply rooted in and reflective of underserved communities. The bill would instead require the grant program to give priority to those programs and projects (A) serving pupils and teachers at schools eligible to be served under Title I, Part A of the federal Elementary and Secondary Education Act, (B) serving children in low-income communities, (C) supporting a museum in engaging or collaborating with underserved communities, as specified, (D) advancing preservation of at-risk cultural and natural collections and historic buildings, as provided, (E) improving access to historic buildings, cultural sites, or museums, as specified, (F) supporting the ethical stewardship of culturally sensitive art and artifacts, as provided, or (G) educating the public about critical issues affecting Californians.

(2) Existing law authorizes the California Cultural and Historical Endowment to create a specified competitive grant program to support, among other things, small capital projects in museums. Existing law requires funding for the grant program to only be made, upon appropriation by the Legislature, from certain collected funds.

This bill would expand that authority to support capital projects in museums, without regard to size, and publications in museums. The bill would delete the funding limitation for the grant program.

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

SECTION 1.

Section 20090 of the Education Code is amended to read:

20090.

The Legislature finds and declares all of the following:

(a) Museums help Californians understand the past, the present, and potential futures. Museums contribute to formal and informal learning at every stage of life, from the education of children in preschool to the continuing education of adults.

(b) Museums are considered a trusted source for information. Museums leverage this high level of public trust to help fight misinformation and promote understanding of critical issues.

(c) Museums are places for respite and support the well-being of Californians. Participation in museum experiences and programs can have measurable and positive impacts on children, seniors, and other vulnerable populations.

(d) Museums are an important means of making art, science, history, and culture available to Californians.

(e) Museums are caretakers and interpreters of the past and present. Providing a safe environment and proper care for collections for the public’s benefit is a responsibility of many museums.

(f) Museums capture, preserve, and share untold stories and prompt important public dialogue through exhibitions and education programs.

(g) Museums provide an economic boost to their communities by attracting tourists and local visitors, all of whom create a demand for services.

(h) Museums often help define the public identity of a community, and serve as a foundation of its cultural identity. A museum has the legacy of its community as the heart of its mission.

(i) Museums are vital partners with schools and teachers in sharing narratives about the state’s diverse racial and ethnic populations and understanding science.

SEC. 2.

Section 20091 of the Education Code is amended to read:

20091.

To the extent that funding is available for such purposes, the endowment shall establish a competitive grant program to assist and enhance the services of museums in the state that undertake programs and projects that are deeply rooted in and reflective of underserved communities. This program shall give priority to those programs and projects doing any of the following:

(a) Serving pupils and teachers at schools eligible to be served under Part A of Title I of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq), as amended by the federal Every Student Succeeds Act (Public Law 114-95).

(b) Serving children in low-income communities.

(c) Supporting museums in engaging or collaborating with underserved communities, including, but not limited to, people with disabilities and low-income families.

(d) Advancing preservation of at-risk cultural and natural collections and historic buildings. For purposes of this subdivision, “at-risk” refers to the potential for loss or deterioration due to forces, including, but not limited to, fires, harmful temperatures, humidity, earthquakes, improper handling, neglect, theft, vandalism, or exposure to water, pests, contaminants, light, or radiation.

(e) Improving access, including, but not limited to, accommodating the access needs of people with disabilities, to historic buildings, cultural sites, or museums.

(f) Supporting the ethical stewardship of culturally sensitive art and artifacts, including, but not limited to, engaging in consultations with California Indian tribes or repatriation.

(g) Educating the public about critical issues affecting Californians.

SEC. 3.

Section 20092 of the Education Code is amended to read:

20092.

(a) The endowment may create a competitive grant program to support capital projects, exhibits, educational programs, outreach programs, public programs, curriculum, publications, marketing, and collections care in museums pursuant to subdivision (b) of Section 20057. The grant program shall give priority to the objectives listed in Section 20091.

(b) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of program guidelines and selection criteria for purposes of this section. The endowment shall hold at least one public hearing before adopting program guidelines and selection criteria.