citation: FAC § 3360

text:
(a) The authority, in the exercise of its powers, may pledge any and all revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of any kind, pursuant to the terms and conditions approved by the authority. The revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment pledged by the authority or its assignees constitute a lien and security interest which immediately attaches to the property so pledged, and is effective, binding, and enforceable against the authority, its successors, purchasers of the property so pledged, creditors, and all others asserting rights therein, to the extent set forth, and in accordance with, the terms and conditions of the pledge, irrespective of whether those persons have notice of the pledge and without the need for any physical delivery, recordation, filing, or further act.

(b) The California Exposition and State Fair shall be responsible for any debt incurred pursuant to this chapter, and the capital of the California Exposition and State Fair shall be used to guarantee any indebtedness.


kind: section

code: FAC

citation: FAC § 3361

text:
The State of California pledges to, and agrees with, the holders of any bonds, other indebtedness, or obligations for the financing of the improvements described in the master plan pursuant to Section 3355, and which are issued or executed and delivered by the authority, or the California Exposition and State Fair, that the state will not alter or change the structure of funding of, and deposits to, the authority or to the California Exposition and State Fair pursuant to the provisions of Article 9.2 (commencing with Section 19605) of Chapter 4 of Division 8 of the Business and Professions Code, or the pledge of funds for debt service, security, including any coverage factors, and expenses entered into pursuant to this chapter until the bonds, other indebtedness, or obligations are fully paid or discharged or have been fully provided for in accordance with their terms. However, nothing precludes any alteration or change if and when adequate provision has been made by law for the protection from impairment of the contract represented by the bonds, other indebtedness, or obligations, and the right to alter or change is hereby reserved. The authority, and the California Exposition and State Fair, are each authorized to include this pledge and undertaking of the state in their bonds, agreements evidencing other indebtedness, and other indebtedness or obligations for the financing of the improvements described in the master plan pursuant to Section 3355.

The authority shall notify the Joint Legislative Budget Committee at least 90 days prior to authorizing the sale of revenue bonds pursuant to this chapter. The notice shall specify all the terms and conditions of the revenue bonds, including, but not limited to, the total amount of the bonds, the revenue source, and the repayment period. Any bond so issued shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of the principal of, or interest on, this bond.”

history: (History: Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)

division: 3. EXPOSITIONS AND FAIRS

part: 2. CALIFORNIA EXPOSITION AND STATE FAIR

chapter: 5. State Fair Leasing Authority

path: 3. EXPOSITIONS AND FAIRS > 2. CALIFORNIA EXPOSITION AND STATE FAIR > 5. State Fair Leasing Authority


citation: FAC § 3801

text: Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.

history: (History: Enacted by Stats. 1967, Ch. 15.)

part: 3. DISTRICT AGRICULTURAL ASSOCIATIONS

chapter: 1. Definitions

path: 3. EXPOSITIONS AND FAIRS > 3. DISTRICT AGRICULTURAL ASSOCIATIONS > 1. Definitions


citation: FAC § 3802

text: “Association” means a district agricultural association which is formed pursuant to this chapter.


citation: FAC § 3803

text: “Board” means the board of directors of an association.


citation: FAC § 3804

text: “Director” means a member of the board of directors of an association.


citation: FAC § 3805

text: “District” means an agricultural district which is formed pursuant to this chapter.


citation: FAC § 3806

text: For the purposes of Article 1 (commencing with Section 4101) of Chapter 6 of this part, “agency” means the Natural Resources Agency.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 98. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)


citation: FAC § 3951

text:
Fifty or more persons, who are residents of a district, may form an association to be known as and designated as the ____ District Agricultural Association, for the following purposes:

(a) Holding fairs, expositions and exhibitions for the purpose of exhibiting all of the industries and industrial enterprises, resources and products of every kind or nature of the state with a view toward improving, exploiting, encouraging, and stimulating them.

(b) Constructing, maintaining, and operating recreational and cultural facilities of general public interest.

chapter: 3. Organization and Administration

path: 3. EXPOSITIONS AND FAIRS > 3. DISTRICT AGRICULTURAL ASSOCIATIONS > 3. Organization and Administration


citation: FAC § 3952

text: Copies of the articles of association shall be filed with the Governor, the Secretary of State, and the department.


citation: FAC § 3953

text: Each association is a state institution.


citation: FAC § 3954

text: Each association by its name has perpetual succession. It may have a seal. An association may sue and be sued, and may do any and all things necessary to carry out the powers and the objects and purposes for which the association is formed.

history: (History: Amended by Stats. 2014, Ch. 342, Sec. 1. (AB 2490) Effective January 1, 2015.)


citation: FAC § 3955

text: Claims against an association shall be presented to the Department of General Services in accordance with Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code.

history: (History: Amended by Stats. 2016, Ch. 31, Sec. 29. (SB 836) Effective June 27, 2016.)


citation: FAC § 3956

text:
(a) The officers of the association shall consist of a board of directors of nine members. The directors shall be citizens and residents of the district.

(b) (1) A director shall not officially be seated on the board or participate in a board meeting until they have completed any mandatory forms and training, as required by state law and as determined by the department.

(2) A director shall, on a timely basis, complete any form or training that becomes mandatory during their term of office, retake any mandatory training that is required to be repeated periodically, and continue to submit any required forms during their term of office. The relevant form or training shall be completed by the director within 90 days of the form or training requirement or the expiration of the effective period of the form or training. A director shall be subject to removal from the board if they do not comply with these requirements.

history: (History: Amended by Stats. 2021, Ch. 374, Sec. 2. (AB 623) Effective January 1, 2022.)


citation: FAC § 3957

text: If two or more counties constitute a district, each county shall be represented on the board by at least two persons who are citizens and residents of such county.


citation: FAC § 3958

text: If, by reason of the formation of a new district, a director in one district becomes a resident of another district, his term of office as director expires 60 days after the formation of the new district.


citation: FAC § 3959

text: The directors shall be appointed by the Governor.


citation: FAC § 3960

text: The term of office of each director, except that of a member of the first board, is four years from the beginning of the term for which he or she is appointed. Any vacancy shall be filled for the unexpired term. However, any director may be removed for cause by the Governor prior to the expiration of the director’s term.

history: (History: Amended by Stats. 2014, Ch. 342, Sec. 2. (AB 2490) Effective January 1, 2015.)


citation: FAC § 3961

text: The term of office of each member of the first board shall be so fixed by the Governor that the terms of the directors of such board shall expire in three groups of two, and one group of three, on the 15th day of January of each year following the formation of the association.


citation: FAC § 3962

text: The directors are state officers.


citation: FAC § 3963

text: The directors shall meet at a place within the district and organize by the election of one of their number as president. The term of office of the president shall be one year and until his successor is elected.


citation: FAC § 3964

text: The directors shall also select a secretary, a manager, and a treasurer from among persons who are not members of the board. One person may be the secretary, the manager, and the treasurer. The secretary, manager, and treasurer are state officers.

history: (History: Amended by Stats. 1982, Ch. 126, Sec. 1. Effective March 23, 1982.)


text:
(a) Notwithstanding any other law, a board may form any advisory committee by resolution or any similar formal action.

(b) Meetings of an advisory committee shall be open and public and notice thereof shall be delivered personally or by mail at least 24 hours before the time of the meeting to each person who has requested, in writing, notice of the meeting.

(c) If the advisory committee elects to provide for the holding of regular meetings, it shall provide in its bylaws, or by whatever other rule is utilized by the board for the conduct of its business, for the time and place for holding regular meetings. No other notice of regular meetings is required.

(d) “Advisory committee”, as used in this section, means a committee composed solely of the members of the board which is less than a quorum of the board.

history: (History: Added by Stats. 1989, Ch. 131, Sec. 1.)


citation: FAC § 3965

text:
The board may, with the approval of the department:

(a) Fix the term of office, the amount of bond and salary, and prescribe the duties of the secretary and of the treasurer.

(b) Manage the affairs of the association.

(c) Make all necessary bylaws, rules, and regulations for the government of the association.

(d) Delegate, as it may deem advisable, to its officers or employees any of the powers that are vested in the board under subdivision (b). Any delegation of power may be revoked at any time.

history: (History: Amended by Stats. 2014, Ch. 342, Sec. 3. (AB 2490) Effective January 1, 2015.)


text:
(a) Notwithstanding Section 3965 or 4051, the board, without prior approval from the department, may arrange for and conduct, or cause to be conducted, or by contract permit to be conducted, any activity by any individual, institution, corporation, or association upon its property at a time as it may be deemed advisable, except for the following:

(1) Revenue-generating contracts involving hazardous activities, as determined by the department, unless adequate insurance coverage is provided, as determined by the department in consultation with the Department of General Services.

(2) The activities specified in Section 4051.2 and Section 19130 of the Government Code.

(b) This section shall not be construed and is not intended to extend or limit the authority specified in Section 19130 of the Government Code.

history: (History: Amended by Stats. 2014, Ch. 342, Sec. 4. (AB 2490) Effective January 1, 2015.)


citation: FAC § 3966

text: The board shall annually make to the department such report as such department may direct.


citation: FAC § 3967

text: Any director who misses three consecutive regular meetings of the board without the permission of the board is deemed to have resigned as a director.

history: (History: Added by Stats. 1970, Ch. 50.)


citation: FAC § 3968

text: Records of the board which are entries in events which are scheduled for future judging and for overnight entries in races on which there is parimutuel wagering prior to such events, judging times, or races, shall not be open to inspection by the public.

history: (History: Amended by Stats. 1969, Ch. 371.)


citation: FAC § 4001

text:
Any money which is received by any association, other than from the sale of real property or pursuant to a lease, easement, or agreement for the extraction of oil or gas from lands owned or controlled by it, shall be retained and used by the association for its:

(a) General use and purposes.

(b) Maintenance.

(c) Membership in livestock registry associations and fair associations.

(d) Support and operation.

(e) Acquisition, installation, maintenance, and operation of recreational and cultural facilities at its fairgrounds.

chapter: 4. Fiscal Provisions

path: 3. EXPOSITIONS AND FAIRS > 3. DISTRICT AGRICULTURAL ASSOCIATIONS > 4. Fiscal Provisions


citation: FAC § 4002

text:
The proceeds of the sale of any interest in real property which is owned by any association shall be paid into the Fair and Exposition Fund. The amount which is paid into the fund shall be available for expenditure by the association, with the approval of the department and the State Public Works Board, for any of the following purposes:

(a) Permanent improvements for fair purposes on the property of the association.

(b) Purchase of equipment for fair purposes.

(c) Acquisition or purchase of real property, including costs of appraisal or other incidental costs, to be used as sites for the permanent improvements.

The execution of any lease, easement, or agreement for the extraction of any oil or gas from lands owned or controlled by an association is not a sale of an interest in real property within the meaning of this section.


citation: FAC § 4003

text: Any money that is not expended within three years after being paid into the Fair and Exposition Fund pursuant to Section 4002 shall be added to and become a part of the amount available pursuant to Section 3204 for permanent improvements on the property of the state, citrus, county, or district agricultural associations for fair purposes, or the purchase of equipment for fair purposes, or the acquisition or purchase of real property, including costs of appraisal or other incidental costs, to be used as sites for those permanent improvements, in amounts as may be allocated by the secretary.

history: (History: Amended by Stats. 2024, Ch. 559, Sec. 63. (AB 2143) Effective January 1, 2025.)


citation: FAC § 4004

text: All revenue which is received by any association pursuant to any lease, easement, or agreement for the extraction of oil or gas from any land that is owned or controlled by it shall be paid into the General Fund.


citation: FAC § 4005

text: The fiscal year for each association is from January 1 to December 31.


citation: FAC § 4051

text:
(a) An association may do any of the following:

(1) Contract, in accordance with all of the following:

(A) The written policies and procedures for contracting that are developed and maintained by the board of directors of the association in accordance with this section.

(B) All applicable state laws governing contracts, except as follows:

(i) A grant or contract entered into by an association for goods is not subject to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.

(ii) A grant or contract entered into by an association is not subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code.

(C) If the estimated total cost of any construction project or similar work carried out under this section exceeds twenty-five thousand dollars ($25,000), the association shall solicit bids in writing and shall award the work to the lowest responsible bidder or reject all bids. The association is subject to all applicable provisions of the Public Contract Code.

(D) An association may elect to become subject to the provisions of the Uniform Public Construction Cost Accounting Act (Chapter 2 (commencing with Section 22000) of Part 3 of Division 2 of the Public Contract Code) and the Small Business Procurement and Contract Act (Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3 of Title 2 of the Government Code), but exempt from the reporting requirements noted in subdivision (f) of Section 14838.1 of the Government Code.

(2) Accept funds or gifts of value from the United States or any person to aid in carrying out the purposes of this part.

(3) Conduct or contract for programs, and contract for the purchase or lease of goods that are necessary to effectuate the purposes of this chapter, either independently or in cooperation with any individual, public or private organization, or federal, state, or local governmental agency.

(4) Establish and maintain a bank checking account or other financial institution account, approved by the Director of Finance in accordance with Sections 16506 and 16605 of the Government Code, for depositing funds received by the association. All funds maintained in an account authorized by this paragraph shall be used in accordance with Section 4001.

(5) Approve the annual budget of the association and establish a program for paying vendors who contract with the association.

(6) Contract with any county or county fair association for holding a fair jointly with the county or county fair association. The joint fair is a district fair of the association.

(7) Make or adopt all necessary orders, rules, or regulations for governing the activities of the association. Notwithstanding paragraph (14), any orders, rules, or regulations adopted by the board are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For informational purposes only, however, any order, rule, or regulation adopted by the board may be transmitted to the Office of Administrative Law for filing with the Secretary of State pursuant to Section 11343 of the Government Code.

(8) Operate a payroll system for paying employees, and a system for accounting for vacation and sick leave credits of employees.

(9) Delegate to the officers and employees of the association the exercise of powers vested in the board, as the board may deem desirable, for the orderly management and operation of the association.

(10) With the approval of the Department of General Services, purchase, acquire, hold, sell, or exchange, or convey any interest in real property. Any acquisition of land or other real property is subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code).

(11) With the approval of the Department of General Services, make permanent improvements upon publicly owned real property adjacent to, or near the vicinity of, the real property of the association when the improvements materially benefit the property of the association pursuant to Section 11011 of the Government Code.

(12) With the approval of the Department of General Services, lease for the use of its real property, or any portion of that property, to any person or public body for whatever purpose as may be approved by the board. This purpose may include, but not be limited to, the construction and maintenance of housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, pursuant to a lease of not more than 55 years.

(13) Use, manage, or operate any of its property jointly or in connection with any lessee or sublessee, for any purpose approved by the board.

(14) With the approval of the Department of General Services, pledge any revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind, pursuant to terms and conditions approved by the board. The revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind pledged by the association or its assignees constitute a lien or security interest that immediately attaches to the property pledged, and is effective, binding, and enforceable against the association, its successors, purchasers of the property pledged, creditors, and all others asserting rights therein, to the extent set forth, and in accordance with, the terms and conditions of the pledge, irrespective of whether those persons have notice of the pledge and without the need for physical delivery, recordation, filing, or further action.

(15) With the approval of the secretary, enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code).

(b) In developing the written policies and procedures for contracting, the board shall incorporate the following to apply to contracts or procurement by the association:

(1) To ensure the fullest competition, the board shall adopt and publish competitive bidding procedures for the award of a procurement or contract involving an expenditure of more than one hundred thousand dollars ($100,000). The competitive bidding procedures shall include, but not be limited to, requirements for submission of bids and accompanying documentation, guidelines for the use of requests for proposals, invitations to bid, or other methods of bidding, and a bid protest procedure. The general manager shall determine whether the goods or services subject to this paragraph are available through existing contracts or price schedules of the Department of General Services. The Legislature finds and declares that fairs are a valuable community resource and recognizes that local businesses and local communities make valuable contributions to fairs that include direct and indirect support of fair programs. The Legislature further finds and declares that local businesses often provide opportunity purchases to local fairs that, for similar things available through the state purchasing program, may be purchased locally at a price equivalent to or less than that available through the state purchasing program. As used in this subdivision, opportunity purchases means purchases made locally, either individually or cooperatively, at a price equal to or less than the price available through the state purchasing program on or off state contract.

(2) The contracting standards, procedures, and rules contained in this subdivision shall also apply with respect to any subcontract involving an expenditure of more than one hundred thousand dollars ($100,000). The board shall establish, as part of the bidding procedures for general contracts, subcontracting guidelines that implement this requirement.

(3) With the approval of the Department of General Services, pledge any and all revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind, pursuant to terms and conditions approved by the board. Any issuance of bonds, contracts entered into, debts incurred, settlements, judgments, or liens under this section or pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall not directly, indirectly, or contingently obligate the state or any political subdivision of the state to levy or to pledge any form of taxation therefor or to make any appropriation for their payment. The bond shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of the principal of, or interest on, this bond.”

(4) This section does not apply to Article 1 (commencing with Section 4101) of Chapter 6 of Part 3.

(c) Notwithstanding any other law, an association shall adopt a fiscal review policy as follows:

(1) An association with an annual budget exceeding five million dollars ($5,000,000) shall conduct an annual audit by an independent certified public accountant or certified public accountancy firm selected by the board.

(2) (A) An association with an annual budget of less than five million dollars ($5,000,000) shall have its books and accounts examined and reviewed annually and audited once every three years by an independent certified public accountant or certified public accountancy firm selected by the board.

(B) Solely for the 50th District Agricultural Association, which has entered into a joint powers agreement pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) to manage the responsibilities of the association, the joint powers agency shall be the entity responsible for ensuring that the annual examinations and reviews and the audits required by this paragraph are conducted. If the joint powers agency performs separate audits of the association and the joint powers agency, the joint powers agency shall submit both audits to the department in the manner prescribed in this chapter.

(d) Notwithstanding subdivision (c), the department may require an audit to be conducted before the times specified in paragraphs (1) and (2) of subdivision (c) if the department or the state deems the audit is necessary.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 73. (SB 1289) Effective January 1, 2019.)

chapter: 5. Powers and Duties Generally

path: 3. EXPOSITIONS AND FAIRS > 3. DISTRICT AGRICULTURAL ASSOCIATIONS > 5. Powers and Duties Generally


text:
(a) Notwithstanding any other provision of law, in accordance with procedures established by the board, the board may enter into agreements to secure donations, memberships, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may employ, or create and participate in an entity, or enter into an agreement with an entity or person to develop, solicit, sell, and service these agreements. The compensation for the entity or person shall be established by the board.

(b) Written notification to the department shall be required prior to creating an entity for the activities described in this section and prior to entering into any agreement for activities described in this section if the agreement exceeds one hundred thousand dollars ($100,000) in value, exists for a period of greater than two years, or contemplates the building of a permanent structure on fair property. The department may, upon reasonable notice, examine the books and records of any entity created pursuant to this section.

history: (History: Amended by Stats. 2001, Ch. 423, Sec. 3. Effective January 1, 2002.)


text: An association shall not enter into a settlement agreement for an amount greater than one hundred thousand dollars ($100,000) without the prior approval of the department.

history: (History: Amended by Stats. 2014, Ch. 342, Sec. 7. (AB 2490) Effective January 1, 2015.)


citation: FAC § 4052

text: An association shall not lease its racetrack for running races of horses to any private person, firm, or corporation, except to a national or international exposition or its affiliated corporations or associations for the period of time which is now permitted by law for fairs.

history: (History: Amended by Stats. 1967, Ch. 1579.)


citation: FAC § 4054

text:
(a) If the board of an association, by resolution adopted by vote of two-thirds of all its members, finds and determines that the public interest and necessity require the acquisition of any building or improvement that is situated on property that is owned by the association, in trust or otherwise, or of any outstanding rights to that property, with the approval of the department and the association, the building, improvement, or outstanding rights may be acquired by eminent domain pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code).

(b) The use by the association of its property shall be considered a more necessary public use than the use of the property by any grantee, lessee, or licensee for the purposes that are specified in Section 4051.

(c) Notwithstanding Article 5 (commencing with Section 25450) of Chapter 5 of Division 2 of Title 3 of the Government Code, or Sections 10108 and 10308 of the Public Contract Code, the board of an association or governing board of a county fair, by resolution adopted by vote of two-thirds of all its members, may purchase materials and lease equipment for not in excess of twenty thousand dollars ($20,000) when the purchase or lease is made in conjunction with donated labor construction improvements on the grounds of the association or the county fairgrounds, respectively.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 197. Effective January 1, 2007.)


citation: FAC § 4055

text: Associations, by majority vote of their respective boards, may cooperate in the holding of a fair in any of the districts.

history: (History: Enacted by Stats. 1967, Ch. 15.)


citation: FAC § 4056

text:
An association may pay membership fees, and join and participate in the affairs of any organization which has the following purposes:

(a) Interchange of information that relates to livestock, poultry, and other agricultural animals and products.

(b) Conduct and management of fairs.

(c) Conducting of horseracing meetings.

An association may also pay membership fees, join and participate in affairs of any similar organization that deals with subjects that are related to powers and duties of the association.


citation: FAC § 4057

text: The state is not liable for any action, obligation, commitment, contract, or premium that is offered, or award that is made, by any association.

history: (History: Amended by Stats. 2014, Ch. 342, Sec. 9. (AB 2490) Effective January 1, 2015.)


citation: FAC § 4058

text:
(a) Notwithstanding Section 4052, the California Exposition and State Fair, a district agricultural association fair, or county fair in the northern zone, with the approval of the Department of Food and Agriculture, may form an entity for conducting combined fair horseracing meetings and utilize their racing facilities for conducting horseracing meetings, with parimutuel wagering, on days other than the days on which general fair activities are conducted. A combined fair horseracing meeting pursuant to this section shall be a general fair activity for the purpose of Section 19549 of the Business and Professions Code.

(b) The association shall designate certain days of a mixed breed meeting held pursuant to this section as charity days with the proceeds therefrom to be distributed in accordance with Sections 19550 and 19556 of the Business and Professions Code.

(c) The association shall encourage the racing of emerging breeds of horses.

history: (History: Amended by Stats. 1996, Ch. 741, Sec. 3. Effective January 1, 1997.)


citation: FAC § 4059

text:
(a) (1) Notwithstanding any other provision of law, the Department of Food and Agriculture shall develop criteria to be used, subject to the approval of the Department of General Services, for the disposal of property by a district agricultural association and the California Exposition and State Fair.

(2) As used in this section, “disposal of property” means the sale of equipment, materials or other forms of personal property no longer necessary to effectuate the purposes of the fair and that do not exceed an estimated fair market value of fifty thousand dollars ($50,000).

(b) The board of the district agricultural association or California Exposition and State Fair shall, prior to the disposal of property, as defined in this section, first be required to determine, through the Department of Food and Agriculture, if the property can be used by another fair in the California Fair Network or other state agency or department. If determined that such use is not possible, the board of the district agricultural association or California Exposition and State Fair shall sell the property to the buyer that submits the highest bid.

(c) The regular department audit of district agricultural associations shall confirm the source of funds of any disposed property and compliance with the criteria developed under this section for the disposal of property.

(d) The adoption of the criteria developed pursuant to this section shall relieve a district agricultural association and the California Exposition and State Fair of any requirements to abide by the provisions of the State Administrative Manual which may apply to disposal of property developed by the Department of General Services.

history: (History: Added by Stats. 2007, Ch. 346, Sec. 1. Effective January 1, 2008.)


citation: FAC § 4060

text:
(a) Any compensation to any officer or employee of the state by any nonprofit corporation formed exclusively to aid and assist an association, as provided for in Section 18000.5 of the Government Code, shall be approved by the department before payment. The nonprofit corporation shall notify the department of the compensation.

(b) The department shall, during regular audits, review the payments from the nonprofit corporation to any state employees and those state employees’ responsibilities to the nonprofit corporation. The financial information from the nonprofit corporation shall be made available to the department for the audit. Any compensation shall be justified by related work that is not the normal responsibility of the state officer or employee through employment by an association, including normal duties and working hours. The audit shall also determine if any board member serving on an association is also serving on the board of directors of the related nonprofit corporation and determine if there are any conflicts of interest regarding the payment to the association employees. The audit shall also determine if any officer or employee is receiving compensation from the nonprofit corporation in violation of subdivision (c).

(c) Pursuant to Section 1090 of the Government Code, a state officer or employee of an association shall not be compensated by the nonprofit corporation when that state officer or employee acts in an official capacity regarding any contract made with the nonprofit corporation.

history: (History: Amended by Stats. 2024, Ch. 559, Sec. 64. (AB 2143) Effective January 1, 2025.)


citation: FAC § 4061

text:
(a) Notwithstanding any other law, a district agricultural association shall not be required to prepare or submit any written report to the Governor, the Legislature, or a state agency except as follows:

(1) The report is required by a court or under federal law.

(2) The report is required in the Budget Act.

(3) The report is required by the secretary.

(4) The Legislature expressly requires a district agricultural association to prepare and submit a report.

(5) The annual reporting of real property information required pursuant to Section 11011.15 of the Government Code.

(b) This section shall not be construed and is not intended to extend or limit the provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 119. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)


citation: FAC § 4101

text:
(a) The Sixth District Agricultural Association shall also be known as Exposition Park. It is in the Natural Resources Agency and is deemed to be a tax-exempt organization as an instrumentality of this state in accordance with Section 23706 of the Revenue and Taxation Code.

(b) All of the following shall apply to Exposition Park:

(1) The Board of Directors of the Sixth District Agricultural Association shall be the Board of Directors for Exposition Park and for the California Science Center, except with respect to those matters delegated to the Exposition Park Manager pursuant to Section 4108 or the Board of Directors of the California African American Museum pursuant to Section 4104.

(2) Property or other interests presently held in title by the Sixth District Agricultural Association, also known as the California Science Center, except as detailed in paragraph (3), shall vest in Exposition Park on behalf of the State of California.

(3) Upon the effective date of the change in name referred to in subdivision (a), there shall be deemed located within Exposition Park an entity referred to as the California Science Center, which shall include the Samuel Oschin Space Shuttle Endeavour Display Pavilion; the 3D IMAX Theater; the Dr. Theodore T. Alexander, Jr. Science Center School; the Wallis Annenberg Building; Phase I and Phase II of the California Science Center; and any additional construction developed pursuant to Phase III of the Master Plan developed and approved for Exposition Park, including any development authorized pursuant to Sections 4103 and 4103.5. The California Science Center shall manage, lease, and dispose of the property identified in this paragraph consistent with existing state law, in coordination with the Exposition Park Manager, and with approval of the Exposition Park Board, and all contracts or other agreements for this property that identify the California Science Center as the contracting party.

(4) Notwithstanding Section 3964, the Exposition Park Manager appointed pursuant to Section 4108 shall be considered the executive director and manager of the board of directors of Exposition Park, except that the executive director of the California Science Center shall be considered the executive director and manager of the board of directors for matters within the sole jurisdiction of the California Science Center.

(5) Consistent with Section 4060, and all other applicable state law, a state officer or employee of the Sixth District Agricultural Association, including any officer or employee of any state entity located in Exposition Park, shall not accept any compensation from any nonprofit organization for work performed in part or in full without prior written approval from the Secretary of the Natural Resources Agency.

history: (History: Amended by Stats. 2018, Ch. 37, Sec. 4. (AB 1817) Effective June 27, 2018.)

article: 1. California Science Center

path: 3. EXPOSITIONS AND FAIRS > 3. DISTRICT AGRICULTURAL ASSOCIATIONS > 6. Provisions Regarding Particular Associations > 1. California Science Center


text:
(a) Notwithstanding any other law, the California Science Center, with the approval of the Director of General Services and the Secretary of the Natural Resources Agency, may enter into a long-term lease agreement, not to exceed 40 years, with terms and conditions determined by the Director of General Services to be in the best interest of the state, with the Los Angeles Unified School District to convert the Armory, also known as the Wallis Annenberg Building, and surrounding land in or near Exposition Park to a demonstration mathematics and science-based school.

(b) For the purposes of carrying out subdivision (a), all of the following requirements apply:

(1) Plans shall be developed by the Los Angeles Unified School District for the conversion described in subdivision (a).

(2) The Los Angeles Unified School District shall demonstrate to the Director of General Services that it has sufficient funds, from sources other than the California Science Center, to complete the conversion.

(3) The Los Angeles Unified School District shall give attention to the historical preservation of the Armory, also known as the Wallis Annenberg Building, in developing plans and completing the conversion.

(4) All lease documents necessary to complete the conversion shall be approved by the Director of General Services before their execution.

history: (History: Amended by Stats. 2018, Ch. 37, Sec. 5. (AB 1817) Effective June 27, 2018.)

chapter: 6. Provisions Regarding Particular Associations

article: 1. California Science Center


text:
(a) Notwithstanding any other law, the California Science Center is hereby authorized to enter into a site lease with the California Science Center Foundation, a California Nonprofit Corporation, with the approval of the Natural Resources Agency, the Department of Finance, and the Department of General Services, for the purpose of the foundation developing, constructing, equipping, furnishing, and funding the project known as Phase II of the California Science Center. The overall construction cost and scope shall be consistent with the amount authorized in the Budget Act of 2002, provided that this section shall not prevent the foundation from expending additional nonstate funds to complete Phase II provided that the additional expenditures do not result in additional state operation and maintenance costs. Any additional expenditure of nonstate funds by the foundation shall not increase the state’s contribution.

(b) For the purpose of carrying out subdivision (a), all of the following apply:

(1) In connection with the development described in subdivision (a), above, the foundation may, in its determination, select the most qualified construction manager/general contractor to oversee and manage the work and prepare the competitive bid packages for all major subcontractors to be engaged in the construction of the Phase II Project. Any construction manager/general contractor selected shall be required to have a California general contractor’s license.

(2) Before commencement of construction of the Phase II Project, the California Science Center shall enter into a lease-purchase agreement upon approval by the Department of Finance with the foundation on terms that are compatible with the Phase I Project financing. The term of the lease-purchase agreement shall be a term not to exceed 25 years. Lease payments on behalf of the state shall be commensurate with the twenty-two million nine hundred forty-five thousand two hundred sixty-three dollars ($22,945,263), (nineteen million one hundred thirty-seven thousand dollars ($19,137,000) plus 19.9 percent augmentation authority) construction cost allocation of the state. Lease payments may also include any cost of financing that the foundation may incur related to tax-exempt financing. The California Science Center shall be authorized to direct the Controller to send the rental payments under the lease-purchase agreement directly to the foundation’s bond trustee.

(3) The foundation shall ensure that the Phase II Project is inspected during construction by the state in the manner consistent with state infrastructure projects. The foundation shall also indemnify and defend and save harmless the Department of General Services for any and all claims and losses accruing and resulting from or arising out of the foundation’s use of the state’s plans and specifications. The foundation and the California Science Center, upon consultation with the Director of General Services and the Department of Finance, shall agree on a reasonable level of state oversight throughout the construction of the Phase II Project in order to assist the foundation in the completion of the project within the intended scope and cost.

(4) At the end of the term of the site lease and the lease-purchase agreement unencumbered title to the land and improvements shall return to the state with jurisdiction held by Exposition Park and the facilities managed by the California Science Center on behalf of Exposition Park.

history: (History: Amended by Stats. 2020, Ch. 370, Sec. 119. (SB 1371) Effective January 1, 2021.)

article: 1. California Science Center


text:
(a) The Legislature finds and declares that the operation of the California Science Center may require individual skills not generally available in state civil service to support specialized functions, such as exhibit maintenance, and educational and guest services programs, including animal care and horticulture.

(b) Notwithstanding any other law, the California Science Center may enter into a personal services contract or contracts with the California Science Center Foundation without a competitive bidding process. These contracts shall be subject to approval by the Natural Resources Agency and the Department of General Services and be subject to all state audit requirements.

(c) Notwithstanding any other law, for any fiscal year, the Director of Finance may allocate moneys to the California Science Center to mitigate the impact of future state minimum wage increases on contracts authorized pursuant to subdivision (b).

(d) (1) Allocations made pursuant to subdivision (c) shall occur no sooner than 30 days, or no sooner than a lesser time as determined by the Chairperson of the Joint Legislative Budget Committee or their designee, after notification is provided in writing to all of the following:

(A) The chairpersons of the committees in each house of the Legislature that consider appropriations.

(B) The chairpersons of the committees and appropriate subcommittees that consider the state budget.

(C) The Chairperson of the Joint Legislative Budget Committee.

(2) The notification shall include the amount of the proposed allocation and an explanation of the rationale for the proposed amount.

history: (History: Amended by Stats. 2023, Ch. 51, Sec. 6. (SB 122) Effective July 10, 2023.)

article: 1. California Science Center


citation: FAC § 4102

text: Exposition Park, with the approval of the Natural Resources Agency, may build, construct, and maintain and operate a stadium or any arena, pavilion, or other building that is to be used for the holding of sports events, athletic contests, contests of skill, exhibitions, spectacles, and other public meetings. It may lease, let, or grant licenses for the use of that stadium, arena, pavilion, or other building, with the approval of the Natural Resources Agency.

history: (History: Amended by Stats. 2018, Ch. 37, Sec. 7. (AB 1817) Effective June 27, 2018.)

article: 1. California Science Center


citation: FAC § 4103

text: The California Science Center, in consultation with the Exposition Park Manager, may establish an air and space center in its building at Exposition Park in the City of Los Angeles.

history: (History: Amended by Stats. 2018, Ch. 37, Sec. 8. (AB 1817) Effective June 27, 2018.)

article: 1. California Science Center


text:
(a) (1) The California Science Center may enter into one or more agreements or leases with the California Science Center Foundation, a California nonprofit public benefit corporation, with the approval of the Natural Resources Agency, the Department of Finance, and the Department of General Services, for the purpose of developing, designing, constructing, equipping, furnishing, operating, and funding the project known as the Phase III Project of the California Science Center, which is located adjacent to or contiguous with the existing Phase I Project and Phase II Project of the California Science Center in Exposition Park. Those agreements and leases shall include a site lease of the land on which the Phase III Facilities are to be constructed with the California Science Center Foundation for a nominal payment, and a lease-purchase agreement pursuant to which the California Science Center shall lease and acquire the Phase III Facilities from the California Science Center Foundation. The site lease and the lease-purchase agreement shall be for a term ending 30 years after the later of October 1, 2022, or the date on which the Phase III Facilities are certified available for use and occupancy. The lease payments on behalf of the state shall be two million four hundred thirty thousand dollars ($2,430,000) per year for the term of the lease-purchase agreement, commencing on the later of October 1, 2022, or the date on which Phase III Facilities are certified available for use and occupancy.

(2) Before entering into any agreement or lease with the California Science Center Foundation relating to the Phase III Project, the California Science Center shall have approval for the Phase III Project from the Natural Resources Agency and the Department of Finance.

(3) All agreements or leases entered into between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall be on terms compatible with the financing arrangements that exist on the Phase I Project and Phase II Project. The entire design and construction cost of the Phase III Project shall be the sole responsibility of the California Science Center Foundation. Except for the lease payments contemplated in paragraph (1), any agreement or lease entered into between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall not contain terms, either directly or indirectly, that obligate the California Science Center, Exposition Park, or the state to pay or repay any debt issuance or other financing that may be associated with the Phase III Project.

(4) Except for the site lease and the lease-purchase agreement described in paragraph (1), the agreements or leases entered into between the California Science Center and the California Science Center Foundation relating to the Phase III Project may have a term of up to 50 years. The California Science Center Foundation shall agree not to enter into any third-party donation, grant, or funding arrangement that limits or restricts the use or purpose of the Phase III Project beyond the agreement or lease duration as authorized in this section.

(5) All agreements or leases entered into between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall contain a provision that the California Science Center Foundation agrees to indemnify, defend, and save harmless the state from any and all claims and losses arising out of the design and construction of the Phase III Project to the same extent the state is customarily indemnified by its architects, engineers, and contractors in connection with state infrastructure projects of similar type and scope.

(6) The scope of the Phase III Project shall be consistent with the Exposition Park Master Plan and may include the demolition of existing administration buildings and other ancillary state facilities. The Phase III Project shall be developed in a manner that is consistent with the state’s climate change goals and the Green Building Action Plan, and complies with the requirements of Executive Order No. B-18-12, including, but not limited to, meeting the LEED Silver and other requirements for new or major renovated state buildings. The scope of the Phase III Project shall be consistent with the plans and specifications as approved by the Office of the State Fire Marshal and the Division of the State Architect in November 2016.

(b) For the purpose of carrying out subdivision (a), all of the following shall apply:

(1) All contracts in connection with the design, construction, and installation of the Phase III Project shall be contracts entered into by the California Science Center Foundation, and notwithstanding any other law, shall not be subject to state procurement law or law pertaining to state contracts.

(2) The California Science Center Foundation shall, and shall cause its contractors to, coordinate construction activity associated with the Phase III Facilities with the Exposition Park Manager and shall ensure the construction activity is carried out in a manner that complies with all existing leases and other commitments of the state with respect to Exposition Park and limits the impact on the tenants in and visitors to Exposition Park. Significant aspects of construction activity such as staging, parking, and security shall be subject to the prior review and approval of the Exposition Park Manager. Any agreements or leases between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall obligate the California Science Center Foundation to reimburse the state for any lost revenue of the state while the Phase III Project is under construction to the extent resulting from the lost use of any area of Exposition Park other than the area approved to be occupied by the Phase III Facilities pursuant to the schematic design approved by the board of directors of the California Science Center on July 23, 2014, as may be revised from time to time by agreement between the parties thereto and with the approval of the Natural Resources Agency and the Department of Finance. Before the commencement of any construction of the Phase III Facilities, including, but not limited to, any related demolition of existing structures, the California Science Center Foundation and the Exposition Park Manager shall meet and confer in order to develop a construction schedule that shall not interfere with any previously scheduled events on the Exposition Park property. After the development of that construction schedule, the Exposition Park Manager shall coordinate any future event scheduling that could affect the construction of the Phase III Facilities with the California Science Center Foundation and its construction schedule. Any agreements or leases between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall obligate the California Science Center Foundation to coordinate its construction schedule with the Exposition Park Manager with respect to special events planned on Exposition Park property. Any agreements or leases between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall also obligate the California Science Center Foundation to indemnify, defend, and save harmless the state from any and all claims and losses resulting from any failure of the California Science Center Foundation to adhere to its construction schedule, as that schedule may be revised from time to time in consultation with the Exposition Park Manager, or to coordinate its construction schedule with the Exposition Park Manager with respect to special events planned on Exposition Park property, except, in each case, to the extent resulting from the failure of the Exposition Park Manager to coordinate any events planned in Exposition Park that could affect the construction with the California Science Center Foundation and its construction schedule.

(3) The California Science Center Foundation shall ensure the Phase III Facilities are inspected during construction by the state in a manner consistent with state infrastructure projects. Before commencement of construction, the California Science Center Foundation and the California Science Center, upon consultation with the Department of General Services, the Natural Resources Agency, and the Department of Finance, shall agree on a reasonable level of state oversight throughout the construction of the Phase III Facilities to ensure the approved project scope is maintained, that initial estimates regarding long-term operation and maintenance obligations remain accurate, and that all project requirements are met.

(4) Any agreements or leases between the California Science Center and the California Science Center Foundation relating to the Phase III Project shall provide that, upon completion and certification that the Phase III Facilities are available for use and occupancy, the ownership and operation of the Phase III Facilities shall be under the control of the California Science Center with respect to the building and any museum-related structures and Exposition Park with respect to the other structures and the adjacent plazas and landscaping, provided that, during the term of the site lease and the lease-purchase agreement, title to the Phase III Facilities operated by the California Science Center shall be held by the California Science Center Foundation, and at the end of the term of the site lease and the lease-purchase agreement, unencumbered title to the Phase III Facilities shall transfer to the state with jurisdiction held by the California Science Center in accordance with the lease-purchase agreement.

(5) Notwithstanding any other law, including, but not limited to, Section 11007 of the Government Code, the California Science Center may consult with the Department of General Services for the procurement of property insurance, including fire, lightning, and extended coverage insurance, on the Phase III Facilities, subject to reasonable deductibles, provided the insurance is available on the open market from reputable insurance companies at a reasonable cost.

(c) For purposes of this section, the following terms have the following meanings:

(1) “Phase III Facilities” shall mean all buildings, structures, and plazas and landscaping adjacent to those buildings and structures constructed by the California Science Center Foundation as part of the Phase III Project of the California Science Center. “Phase III Facilities” shall not include exhibit elements and artifacts and the temporary space shuttle display pavilion.

(2) “Phase III Project” shall mean the development, design, construction, equipping, furnishing, operation, and funding of the Phase III Facilities, as well as all exhibit elements.

history: (History: Amended by Stats. 2018, Ch. 37, Sec. 9. (AB 1817) Effective June 27, 2018.)

article: 1. California Science Center


citation: FAC § 4104

text:
(a) The Legislature hereby finds and declares that there is a need for a state repository dedicated to the diverse contributions of African Americans to the history and culture of this state and the nation.

(b) The California African American Museum is a part of Exposition Park and coexists with the California Science Center.

(c) The California African American Museum is governed by a seven-member board of directors. The Governor shall appoint the seven members, at least four of whom shall reside within the boundaries of the 6th Agricultural District. In addition, the Senator representing the Senate district in which the California African American Museum is located and the Assembly Member representing the Assembly district in which the museum is located shall be ex officio nonvoting members of the board. The two legislative ex officio nonvoting members of the board shall participate in the activities of the board to the extent that their participation is not incompatible with their respective positions as Members of the Legislature. The appointees of the Governor shall be appointed to four-year terms with the initial terms of appointment expiring as follows: one term expiring January 1, 1984, one term expiring January 1, 1985, one term expiring January 1, 1986, and one term expiring January 1, 1987. The person appointed to the Advisory Board of the California Museum of African American History and Culture by the Board of Directors of the California Science Center before the amendments made to this section by Chapter 1439 of the Statutes of 1987 shall serve on the Board of Directors of the California African American Museum until the Governor makes the fifth appointment authorized pursuant to those amendments. The fifth appointment made to the board shall serve a term expiring on January 1, 1990, the sixth appointment shall serve a term expiring on January 1, 1991, and the seventh appointment shall serve a term expiring on January 1, 1992.

(d) The Board of Directors of the California African American Museum shall have the authority, subject to existing state laws, regulations, and procedures, to determine how funds that have been appropriated and duly allocated by the Legislature and the Governor for support of the museum shall be expended. The board also shall have the authority, subject to existing state laws, regulations, and procedures, to contract with any state agency, institution, independent contractor, or private nonprofit organization that the board determines to be appropriate and qualified to assist in the operation of the museum. The board shall further have authority to establish the operations, programs, activities, and exhibitions of the California African American Museum. The Board of Directors of the California African American Museum shall be solely responsible for the actions taken and the expenditures made by the staff of the California African American Museum in the scope and course of their employment.

(e) The Board of Directors of the California African American Museum shall appoint an executive director, who shall be exempt from civil service, and any necessary staff to carry out the provisions of this section, who shall be subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). The California African American Museum shall submit its annual budget request directly to the Natural Resources Agency. The California African American Museum may accept grants, contributions, and appropriations from federal, state, local, and private sources for its operation.

(f) The California African American Museum shall preserve, collect, and display samples of African American contributions to the arts, sciences, religion, education, literature, entertainment, politics, sports, and history of the state and the nation. The enrichment and historical perspective of that collection shall be made available for public use and enjoyment.

(g) The California African American Museum shall use stationery and other supplies of the former museum and shall phase in the name change with existing resources.

history: (History: Amended by Stats. 2023, Ch. 51, Sec. 7. (SB 122) Effective July 10, 2023.)

article: 1. California Science Center


text:
(a) The board may enter into concession contracts to license or sell, or both, its branded merchandise, images, and other museum-related merchandise directly to the public for revenue generation. Concession contracts, other than those entered into pursuant to Section 4105.5, shall be issued through competitive requests for proposals, and shall seek the best value for the state through a mixture of rental rates or revenue shares, or both. A concession contract executed pursuant to this section shall not exceed five years in length, with one automatic right to renew at new terms, which shall be mutually agreeable to the board and the concessionaire, including any necessary adjustments in rental rates or revenue shares. The board shall require a provision that allows termination at any time with 180 days prior notice.

(b) The board may license or sell, or both, its branded merchandise, images, and other museum-related merchandise directly to the public at the board’s discretion.

(c) In addition to onsite concessions, the board may enter into merchandise agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of museum-branded merchandise, images, or other museum-related merchandise to the public. The California African American Museum shall receive fair and reasonable revenues and commissions from any merchandise agreement. These merchandise agreements shall be approved by the Natural Resources Agency and the Department of General Services and shall be subject to all state audit requirements.

(d) All rents, revenues, and commissions received by the California African American Museum as a result of this section shall be paid into a designated account within the Exposition Park Improvement Fund, established pursuant to Section 4106.

(e) For purposes of this section, “board” means the Board of Directors of the California African American Museum.

(f) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.

history: (History: Added by Stats. 2023, Ch. 51, Sec. 8. (SB 122) Effective July 10, 2023. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)

article: 1. California Science Center


citation: FAC § 4105

text: Notwithstanding any other law, from December 14 to December 21, inclusive, of any year, a state entity shall not charge parking fees for the parking facilities surrounding the Los Angeles Memorial Coliseum when an event is being held at the facilities of the museum by a private nonprofit charitable organization for the purpose of collection and distribution of toys and food.

history: (History: Amended by Stats. 2018, Ch. 37, Sec. 11. (AB 1817) Effective June 27, 2018.)

article: 1. California Science Center


text:
(a) For purposes of this section, the following terms apply:

(1) “Board” means the Board of Directors of the California African American Museum.

(2) “Foundation” means the California African American Museum Foundation.

(3) “Museum” means the California African American Museum.

(b) The Legislature finds and declares that the operation of the museum may require individual skills not generally available in state civil service to support specialized functions, such as special exhibit development and maintenance, indemnity protection, and educational and guest services programs.

(c) Notwithstanding any other law, the executive director of the museum may, with the approval of the Secretary of the Natural Resources Agency, work to establish a nongovernmental trust, to be known as the California African American Museum Foundation.

(d) The purposes of the foundation shall be all of the following:

(1) To seek funds for the museum to expand its public programming.

(2) To jointly manage a gift store or museum store onsite, the proceeds of which will be used to fund further programming at the museum as determined by the board.

(3) To jointly manage public events that promote the mission of the museum.

(4) To encourage the development of youth-based programming, particularly internship and arts-based programming that help develop employment skills in the local and regional community, with an emphasis on disadvantaged communities in or around the museum.

(e) The foundation shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). To the extent of any conflict between this section and the Nonprofit Public Benefit Corporation Law, this section shall prevail.

(f) For purposes of developing the foundation, the executive director of the museum may use state funds, upon appropriation by the Legislature, to contract with any private or nonprofit law firm to help establish the foundation and provide it with general counsel for not more than one year from the date of its inception. The museum shall in no way be legally responsible for any action or decision made by the foundation.

(g) Notwithstanding any other law, the museum may develop and enter into no-bid personal services contracts, joint management agreements, lease agreements, and other contracts with the foundation subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements.

(h) Notwithstanding any other law, and in accordance with written procedures established by the board, the museum may enter into agreements to secure donations, memberships, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may enter into an agreement with the foundation or others to develop, solicit, sell, and service these agreements. Any fees charged, or revenues shared with the foundation or other contractors, pursuant to these agreements shall be subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. The museum shall limit the foundation to reasonable administration fees, which fees shall cover both direct, indirect, and overhead expenses of the foundation. All revenue generated and received by the foundation pursuant to this section shall be used for the benefit of the museum, except for those reasonable administration costs incurred by the foundation in managing those funds.

(i) Notwithstanding any other law, and in accordance with written procedures established by the board, the museum may authorize the foundation to represent it for the purpose of receiving donations on its behalf both onsite, and through the use of copyrighted marketing material. If the museum provides authorization for the foundation to represent it, as described in this section, the board may require the foundation to report quarterly on revenues received and expended. All revenues generated and received by the foundation shall be used for the benefit of the museum, except those reasonable administration costs incurred by the foundation in managing those funds, which administration costs shall be determined by mutual donation agreement before the acceptance of any donations or use of any marks owned by the museum. The mutual donation agreement shall be subject to approval by the Natural Resources Agency and the Department of General Services and be subject to all state audit requirements.

(j) Consistent with any mutual donation agreement authorized in subdivision (i), the board may further authorize the foundation to use the museum for special events. The foundation shall either charge a fee for the special events or accept minimum donations in lieu of fees, which moneys shall be subject to the mutual donation agreement. All fees and donations received by the foundation for special events shall be itemized and accounted for to the board at its next regularly scheduled meeting. For all foundation managed events, the foundation shall obtain necessary insurance, and comply with all appropriate public safety and janitorial services, and shall provide its own staff or contractors to develop and manage the special event. All special events shall be preapproved by the executive director of the board, in consultation with the Natural Resources Agency.

(k) The executive director of the board, on behalf of the board, shall annually report on the status of all foundation activities to the Department of Finance regarding the various agreements and revenues identified in this section. The Department of Finance may, upon reasonable notice, examine the books and records of the foundation, and all parties in contract with the museum.

(l) On or before January 10, 2024, and annually thereafter, the Department of Finance, in coordination with the foundation, shall submit a report to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and appropriate subcommittees that consider the State Budget, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst’s Office. The report shall include, but not be limited to, all of the following:

(1) An update on foundation activities undertaken pursuant to the authorities granted in this section.

(2) Details on all joint management agreements, lease agreements, and any contracts executed between the State of California and the foundation.

(3) Revenues and expenditures associated with foundation activities at the museum.

(4) A summary of agreements entered into pursuant to subdivisions (a), (b), and (c) of Section 4104.5 that is expected to involve a total investment or estimated annual gross sales in excess of one million dollars ($1,000,000).

(m) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.

history: (History: Added by Stats. 2023, Ch. 51, Sec. 9. (SB 122) Effective July 10, 2023. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)

article: 1. California Science Center


citation: FAC § 4106

text:
(a) Exposition Park shall work with the Los Angeles Memorial Coliseum Commission, the City of Los Angeles, and the County of Los Angeles to develop additional parking facilities in Exposition Park to the extent necessary to allow for expansion of the park.

(b) Exposition Park shall manage or operate its parking facilities in a manner that preserves and protects the interests of the California Science Center and the California African American Museum and recognizes the cultural and educational character of Exposition Park.

(c) The Exposition Park Improvement Fund is hereby created in the State Treasury. All revenues received by Exposition Park from its parking facilities, from rental of state facilities, or from other business activities shall be deposited in the Exposition Park Improvement Fund.

(d) The moneys in the Exposition Park Improvement Fund may only be used, upon appropriation by the Legislature, for improvements to Exposition Park, including, but not limited to, maintenance of existing state facilities, replacement of state equipment, supplies and wages expended to generate revenues from rental of state facilities, development of new parking facilities, and acquisition of land within or adjacent to Exposition Park.

(e) (1) The Legislature hereby finds and declares that there is a need for development of additional park, recreation, museum, and parking facilities in Exposition Park. The Legislature recognizes that the provision of these needed improvements as identified in the Exposition Park Master Plan may require the use of funds provided by other governmental agencies or private donors.

(2) Exposition Park may accept funds from other governmental agencies or private contributions for the purpose of implementation of the Exposition Park Master Plan. The private contributions and funds from governmental agencies other than state governmental agencies shall be deposited in the Exposition Park Improvement Fund in the State Treasury and shall be available for expenditure without regard to fiscal years by Exposition Park for implementation of the Exposition Park Master Plan. Funds from other state governmental agencies shall be deposited in the Exposition Park Improvement Fund and shall be available for expenditure, upon appropriation, by Exposition Park for implementation of the Exposition Park Master Plan. However, any expenditure is not authorized sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house of the Legislature that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time as the chairperson of the joint committee, or his or her designee, may in each instance determine. Neither the City of Los Angeles nor the County of Los Angeles shall impose any tax upon tickets purchased authorizing the use of parking facilities owned by Exposition Park.

history: (History: Amended by Stats. 2018, Ch. 37, Sec. 12. (AB 1817) Effective June 27, 2018.)

article: 1. California Science Center


citation: FAC § 4107

text: Notwithstanding any other provision of law, a Member of the Legislature representing any district in Los Angeles County may be appointed as a director of the California Science Center.

history: (History: Amended by Stats. 1996, Ch. 841, Sec. 11. Effective January 1, 1997.)

article: 1. California Science Center


citation: FAC § 4108

text:
There shall be established in Exposition Park the position of Exposition Park Manager to be filled by a person appointed by the Governor for the purpose of managing, scheduling, and administering all park-related events, including, but not limited to, oversight for the police and security services of the park.

(a) The Exposition Park Manager may appoint the chief, assistant chief, and all security and safety officers of museum security and safety who shall have the powers of peace officers as specified in Section 830.3 of the Penal Code.

(b) The officers appointed pursuant to subdivision (a) shall have completed the regular basic training course prescribed by the Commission on Peace Officer Standards and Training. The officers shall provide police and security services to keep order and to preserve the peace and safety of persons and property at all facilities in Exposition Park on a year-round basis, in coordination with the direction or information provided by the Exposition Park Manager.

(c) The Exposition Park Manager, in consultation with the Natural Resources Agency and the Department of General Services, shall approve the leasing, construction, or alteration of existing facilities within Exposition Park. The executive director of the California Science Center and the executive director of the California African American Museum, in consultation with the Natural Resources Agency and the Department of General Services, shall approve the leasing, construction, or alteration of their respective museum facilities. All actions taken pursuant to this subdivision shall only occur upon approval or delegation of authority by the respective board of directors.

history: (History: Amended by Stats. 2021, Ch. 411, Sec. 1. (AB 483) Effective January 1, 2022.)

article: 1. California Science Center


text:
(a) For purposes of this section, the following terms have the following meanings:

(1) “Agency” means the Natural Resources Agency.

(2) “Department” means the Department of General Services.

(3) “Exposition Park” means the Sixth District Agricultural Association, and shall also be known as the Office of Exposition Park Management.

(4) “Nonprofit organization” means a recognized nonprofit organization that is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code, and that represents victims and survivors of the Holocaust.

(b) Consistent with funding and authority provided in the annual budget act, the agency may enter into a noncompetitive grant with a nonprofit organization, subject to the requirements of this section.

(c) The nonprofit organization, in consultation with the agency and department, may plan, construct, and maintain a memorial to the victims and survivors of the Holocaust at Exposition Park in accordance with this section. The memorial shall be consistent with the operating policies and procedures of the Office of Exposition Park Management, including the location of the memorial.

(d) The department, in consultation with the nonprofit organization and the agency, shall do all of the following:

(1) Review the preliminary design plans to identify potential maintenance concerns.

(2) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(3) Review final construction documents to ensure that the documents comply with all applicable laws.

(4) Inspect all construction performed by the contractor selected by the nonprofit organization pursuant to this section.

(e) The nonprofit organization, in consultation with the Office of Exposition Park Management and with the approval of the agency and department, shall do both of the following:

(1) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.

(2) Prepare an agreement for the long-term maintenance and security of the memorial.

(f) This section shall be implemented only upon appropriation by the Legislature for its purposes in the Budget Act or other statute.

history: (History: Added by Stats. 2025, Ch. 14, Sec. 1. (SB 124) Effective June 27, 2025.)

article: 1. California Science Center


citation: FAC § 4109

text:
(a) For purposes of this section, the following terms apply:

(1) “Foundation” means the Exposition Park Foundation.

(2) “Office” means the office of the Exposition Park Manager, as described in Section 4108.

(b) Notwithstanding any other law, the office may, with the approval of the Secretary of the Natural Resources Agency, work to establish a nongovernmental trust, known as the Exposition Park Foundation.

(c) The purpose of the foundation shall be all of the following:

(1) To seek funds for Exposition Park to expand its public programming and infrastructure developments and improvements.

(2) To jointly manage public events that promote the mission of Exposition Park.

(3) To lease portions of state property consistent with the state processes and approvals, and to develop, construct, equip, furnish, and fund the Exposition Park Master Plan or other initiatives of Exposition Park on those properties consistent with lease terms.

(d) For purposes of subdivision (c), in connection with the development described in subdivision (c) of Section 4108, the foundation may, in its determination, select the most qualified construction manager or general contractor to oversee and manage the work and prepare the competitive bid packages for all major subcontractors to be engaged in the implementation and development of the Exposition Park Master Plan. Any construction manager or general contractor selected shall be required to have a California general contractor’s license.

(e) The foundation shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). To the extent of any conflict between this section and the Nonprofit Public Benefit Corporation Law, this section shall prevail.

(f) For purposes of developing the foundation, the office may use state funds, upon appropriation by the Legislature, to contract with any private or nonprofit law firm to help establish the foundation and provide it with general counsel for not more than one year from the date of its inception. The office shall in no way be legally responsible for any action or decision made by the foundation.

(g) Notwithstanding any other law, the office may develop and enter into no-bid personal services contracts, joint management agreements, lease agreements, and other contracts or grants, as appropriations and funding permits, with the foundation subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements.

(h) Notwithstanding any other law, the office may enter into agreements to secure donations, memberships, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may enter into an agreement with the foundation or others to develop, solicit, sell, and service these agreements. Any fees charged, or revenues shared with the foundation or other contractors, pursuant to these agreements shall be subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. The office shall limit the foundation to reasonable administration fees, which fees shall cover both direct, indirect, and overhead expenses of the foundation. All revenue generated and received by the foundation pursuant to this section shall be used for the benefit of Exposition Park, except for those reasonable administration costs incurred by the foundation in managing those funds.

(i) Notwithstanding any other law, the office may authorize the foundation to represent it for the purpose of receiving donations on its behalf both onsite, and through the use of copyrighted marketing material. If the office provides authorization for the foundation to represent it, as described in this section, the office may require the foundation to report quarterly on revenues received and expended. All revenues generated and received by the foundation shall be used for the benefit of Exposition Park and associated programming efforts, except those reasonable administration costs incurred by the foundation in managing those funds, which administration costs shall be determined by mutual donation agreement before the acceptance of any donations or use of any marks owned by the office. The mutual donation agreement shall be subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements.

(j) Consistent with any mutual donation agreement authorized in subdivision (i), the office may further authorize the foundation to use Exposition Park for special events. The foundation shall either charge a fee for the special events or accept minimum donations in lieu of fees, which moneys shall be subject to the mutual donation agreement. All fees and donations received by the foundation for special events shall be itemized and accounted for to the office regularly. For all foundation managed special events, the foundation shall obtain necessary insurance, and comply with all appropriate public safety and janitorial services, and shall provide its own staff or contractors to develop and manage the special event. All special events shall be preapproved by the Exposition Park Manager, in consultation with the Natural Resources Agency.

(k) The Exposition Park Manager, on behalf of the office, shall annually report on the status of all foundation activities to the Department of Finance regarding the various agreements and revenues identified in this section. The Department of Finance may, upon reasonable notice, examine the books and records of the foundation, and all parties in contract with the office.

(l) The Legislature finds and declares that the operation of Exposition Park may require individual skills not generally available in state civil service to support specialized functions, such as special event development and programming, and educational and guest services programs.

(m) Notwithstanding any other law, Exposition Park may enter into a personal services contract or contracts with the foundation without a competitive bidding process. These contracts shall be subject to approval by the Natural Resources Agency and the Department of General Services and be subject to all state audit requirements.

(n) The office may enter into concession contracts to license or sell, or both, its branded merchandise, images, and other park-related merchandise directly to the public for revenue generation. Concession contracts, other than those contracts entered into pursuant to subdivisions (d), (f), (g), (h), (i), and (j) shall be issued through competitive requests for proposals, and shall seek the best value for the state through a mixture of rental rates or revenue shares, or both. A concession contract executed pursuant to this section shall not exceed five years in length, with one automatic right to renew at new terms, which shall be mutually agreeable to the office and the concessionaire, including any necessary adjustments in rental rates or revenue shares. The office shall require a provision that allows termination at any time with 180 days prior notice.

(o) The office may license or sell, or both, its branded merchandise, images, and other park-related merchandise directly to the public in its discretion.

(p) In addition to onsite concessions, the office may enter into merchandise agreements with individuals, public agencies, qualified nonprofit organizations, and other private entities for sale of park-branded merchandise, images, or other park-related merchandise to the public. The office shall receive fair and reasonable revenues and commissions from any merchandise agreement. These merchandise agreements shall be approved by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements.

(q) All rents, revenues, and commissions received by Exposition Park pursuant to subdivisions (n), (o), and (p) shall be paid into a designated special fund within the Exposition Park Improvement Fund, established pursuant to Section 4106.

(r) On or before January 10, 2024, and annually thereafter, the Department of Finance, in coordination with the office, shall submit a report to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and appropriate subcommittees that consider the State Budget, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst’s Office. The report shall include, but not be limited to, all of the following:

(1) An update on the foundation’s activities undertaken pursuant to the authorities granted in this section.

(2) Details on all joint management agreements, lease agreements, and any contracts executed between the State of California and the foundation.

(3) Revenues and expenditures associated with foundation activities at Exposition Park.

(4) A summary of agreements entered into pursuant to subdivisions (n), (o), and (p) that is expected to involve a total investment or estimated annual gross sales in excess of one million dollars ($1,000,000).

(s) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.

history: (History: Added by Stats. 2023, Ch. 51, Sec. 10. (SB 122) Effective July 10, 2023. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)

article: 1. California Science Center


citation: FAC § 4131

text: The City and County of San Francisco may appropriate and pay over to the 1-A District Agricultural Association for the general uses and purposes of the association such sums of money as the city and county may determine.

history: (History: Enacted by Stats. 1967, Ch. 15.)

path: 3. EXPOSITIONS AND FAIRS > 3. DISTRICT AGRICULTURAL ASSOCIATIONS > 6. Provisions Regarding Particular Associations > 2. 1-A District Agricultural Association


citation: FAC § 4155

text: The 22nd District Agricultural Association may expend up to seven hundred fifty thousand dollars ($750,000) annually for the operation of a fair pursuant to Section 4001 for the purposes enumerated therein from funds received by the district from a lease of district property for horse racing purposes. Any funds thereby received by the district in excess of this seven hundred fifty thousand dollars ($750,000) may be expended in furtherance of the master plan developed pursuant to Section 4156. Any of these funds that are not expended in this manner, or accumulated to be expended in furtherance of the master plan, including the amortization of revenue bonds, shall be transferred by the district to the General Fund upon executive order of the Director of Food and Agriculture.

history: (History: Amended by Stats. 1999, Ch. 370, Sec. 2. Effective January 1, 2000.)

path: 3. EXPOSITIONS AND FAIRS > 3. DISTRICT AGRICULTURAL ASSOCIATIONS > 6. Provisions Regarding Particular Associations > 3. 22nd District Agricultural Association


citation: FAC § 4156

text: The State Race Track Leasing Commission shall prepare a master plan for the long-range comprehensive development and improvement of, and construction upon, the property of the 22nd District Agricultural Association. Such plan shall prescribe the amounts which may be expended for the various features of the plan, the period authorized for the completion of each such feature, and the terms of any revenue bond financing undertaken with respect to such plan. Such plan is subject to amendment by the commission.

history: (History: Added by Stats. 1967, Ch. 1579.)

article: 3. 22nd District Agricultural Association


citation: FAC § 4157

text: The Director of Finance may enter into an agreement prior to September 1, 1976, with the State Race Track Leasing Commission and the 22nd District Agricultural Association to commit the state to advance to the Architecture Revolving Fund a sum of not to exceed six hundred thousand dollars ($600,000), if needed, for the construction of improvements at Del Mar Race Track as described in work order AFD 410 of the Office of Architecture and Construction. Any such commitment shall be deemed, with respect to the project for which it is made, to constitute a deposit of funds available for expenditure by the Department of General Services for the purposes of Section 14957 of the Government Code. The Director of Finance, to the extent necessary to honor such commitment, shall authorize by executive order the withdrawal of an amount or amounts from the General Fund in the State Treasury not to exceed six hundred thousand dollars ($600,000) for transfer to the Architecture Revolving Fund. Any amount so transferred shall be used solely for the project for which the commitment was made and shall not exceed the amount necessary for the project, after deducting from the commitment the amount of all funds in the Del Mar Capital Improvement Account. Any sums so transferred shall be repaid to the General Fund, with simple interest at the average rate earned by the Pooled Money Investment Account for the month in which the transfer is made, from the first moneys placed in the Del Mar Capital Improvement Account (created by lease agreement of January 8, 1969, between the State Race Track Leasing Commission and the Del Mar Thoroughbred Club) not needed for the project for which the commitment was given; provided, that, in any case, such repayment in full with interest as specified shall be made from funds in such improvement account prior to October 1, 1978.

history: (History: Amended by Stats. 1976, Ch. 45.)


citation: FAC § 4158

text:
(a) Notwithstanding any other law, an officer, employee, operator, lessee, or licensee of the 22nd District Agricultural Association, as defined in Section 3873, shall not contract for, authorize, or allow the sale of any firearm, ammunition, or firearm precursor part on the property or in the buildings that comprise the Del Mar Fairgrounds in the County of San Diego, the City of Del Mar, the City of San Diego, or any successor or additional property owned, leased, or otherwise occupied or operated by the district.

(b) For purposes of this section, the following terms have the following meanings:

(1) “Ammunition” means the term as defined in subdivisions (a) and (b) of Section 16150 of the Penal Code.

(2) “Firearm” means the term as defined in subdivisions (a) and (b) of Section 16520 of the Penal Code.

(3) “Firearm precursor part” means the term as defined in Section 16531 of the Penal Code.

(c) This section does not apply to a gun buyback event held by a law enforcement agency.

history: (History: Amended by Stats. 2022, Ch. 139, Sec. 1. (AB 311) Effective January 1, 2023.)


citation: FAC § 4161

text:
(a) The 25th District Agricultural Association may enter into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code with the City of Napa for the purpose of establishing and operating a Napa Center for Wine, Food, and the Arts facility. In addition to those powers specifically authorized to be exercised by Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, the joint powers agency may accept the donation of, acquire, own, or lease, real property, and may plan, finance by the sale of revenue bonds, construct, equip, and furnish the facility, and parking facilities, and any betterments, improvements, and facilities related thereto, including a bridge to provide access to the facility across the Napa River. The joint powers agency may make and enter into contracts and employ agents and employees. The joint powers agency may manage, maintain, and operate the facility, or may enter into management contracts for the operation of the facility.

(b) The state is not liable for any debt incurred by the joint powers agency in the event of any default on revenue bonds issued by the agency. This disclaimer shall be deemed a provision of the joint powers agreement.

history: (History: Added by Stats. 1994, Ch. 1080, Sec. 1. Effective September 29, 1994.)

path: 3. EXPOSITIONS AND FAIRS > 3. DISTRICT AGRICULTURAL ASSOCIATIONS > 6. Provisions Regarding Particular Associations > 3.5. 25th District Agricultural Association


citation: FAC § 4162

text: The 25th District Agricultural Association may accept the donation of any real property suitable for the location of the Napa Center of Wine, Food, and the Arts facility, and may lease the property to the joint powers agency.

article: 3.5. 25th District Agricultural Association