Bill Text: CA AB1298 | 2019-2020 | Regular Session | Amended
Bill Title: Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Bond Act of 2020.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1298 Detail]
Download: California-2019-AB1298-Amended.html
|
Amended
IN
Assembly
August 22, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 1298
| Introduced by Assembly Member Mullin |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
AB 1298, as amended, Mullin.
Fire protection: fire official certifications and continuing education. Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Bond Act of 2020.
Under existing law, programs have been established pursuant to bond acts for, among other things, drought, water, parks, climate, coastal protection, and outdoor access for all.
This bill would enact the Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Bond Act of 2020, which, if approved by the voters, would authorize the issuance of bonds in an unspecified amount pursuant to the State General Obligation Bond Law to finance a climate resiliency, fire risk reduction, recycling, groundwater and drinking water supply, clean beaches, and jobs infrastructure program.
The bill would require the bond act to be submitted
to the voters at the November 3, 2020, statewide general election.
Existing law establishes in the Department of Forestry and Fire Protection the Office of the State Fire Marshal, to be administered by the State Fire Marshal. Existing law requires the function of the office to be the fostering, promoting, and developing ways and means of protecting life and property against fire and panic. Existing law authorizes the State Fire Marshal to propose, adopt, and administer the regulations that the State Fire Marshal deems necessary in order to ensure fire safety in buildings and structures within this state, including regulations related to certification.
Existing law requires all construction inspectors, plans examiners, and building officials to complete one year of verifiable experience in the appropriate field and to, within one year thereafter, obtain certification from a recognized state, national, or
international association, as determined by the local agency, as provided. Existing law requires all construction inspectors, plans examiners, and building officials to complete a minimum of 45 hours of continuing education for every 3-year period, as provided. Existing law requires the local agency to bear the costs of certification, certification renewal, and continuing education, as provided.
This bill would require, with exceptions, fire inspectors, fire marshals, and fire plans examiners, as defined, employed by a state or local public agency, to complete one year of verifiable experience in the appropriate field, and within a specified time frame thereafter, to obtain certification from the Office of the State Fire Marshal. The bill would require a person who is employed as a fire inspector, fire marshal, or fire plans examiner to complete a minimum of 45 hours of continuing education for every 3-year period of employment in that capacity. The bill would
require the state or the local public agency to bear the costs of certification and continuing education. By imposing these requirements on a local public agency, the bill would imr="blue" class="blue_text">2/3
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Division 47 (commencing with Section 80200) is added to the Public Resources Code, to read:DIVISION 47. Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Bond Act of 2020
CHAPTER 1. General Provisions
80200.
This division shall be known, and may be cited, as the Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Bond Act of 2020.80202.
The people of California find and declare all of the following:(a) Constructand provide residents that live in under-resourced communities with resources to remain in their homes:
(1) Paragraph (2) of subdivision (a) of Section 80234.
(2) Subdivisions (a) or (b) of Section 80262.
(3) Subdivision (a) of Section 80264.
(b) For purposes of Chapter 3 (commencing with Section 80210), Chapter 5 (commencing with Section 80230), Chapter 6 (commencing with Section 80250), and Chapter 7
(commencing with Section 80260), at least 15 percent of the funds available for each chapter shall be allocated for projects serving under-resourced communities.
80205.
(a) The proceeds of bonds issued and sold pursuant to this division, excluding the proceeds of any refunding bonds issued in accordance with Section 80292, shall be deposited in the Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Fund, which is hereby created in the State Treasury.(b) Proceeds of bonds issued and sold pursuant to this division shall be allocated according to the following schedule:
(1) ____ dollars ($____) for the purposes of Chapter 3 (commencing with Section 80210).
(2) ____ dollars
($____) for the purposes of Chapter 4 (commencing with Section 80220).
(3) ____ dollars ($____) for the purposes of Chapter 5 (commencing with Section 80230).
(4) ____ dollars ($____) for the purposes of Chapter 6 (commencing with Section 80250).
(5) ____ dollars ($____) for the purposes of Chapter 7 (commencing with Section 80260).
CHAPTER 2. Definitions
80208.
Unless the context otherwise requires, the definitions set forth in this section govern the construction of this division, as follows:(a) “Community access” means engagement programs, technical assistance, community education, Next Generation Science Standards-aligned outdoor environmental education programs, or recreational amenities or facilities that maximize safe and equitable physical admittance and improve the use and long-term stewardship of public lands, especially for low-income communities.
(b) “Finance committee” means the Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Finance Committee created by
Section 80282.
(c) “Fund” means the Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Fund created by Section 80205.
(d) “Local community conservation corps” means an entity that is certified as meeting the criteria specified in subdivision (a) of Section 14507.5.
(e) “Multibenefit project” means a project that serves more than one purpose, including, but not limited to, the purposes of reducing flood risk, enhancing fish and wildlife habitat, sustaining agricultural production, improving water quality, improving water supply reliability, increasing groundwater recharge, supporting commercial fisheries, providing public recreation, and providing educational opportunities.
(f) “Natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change-related hazards or other climate change-related environmental effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopy, to mitigate high heat days. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(g) “Outdoor education” means experiential learning in, for, or about the outdoors aligned with state and national academic content standards.
(h) “State General Obligation Bond Law” means the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code).
(i) “Under-resourced community” has the same meaning as set forth in subdivision (g) of Section 71130.
CHAPTER 3. Safe Drinking Water, Water Quality, and Flood Control
80210.
The sum of ____ dollars ($____) shall be available, upon appropriation by the Legislature, to address the critical infrastructure needed to remove groundwater pollution, improve drinking water, and expand flood control.80212.
Of the amount available pursuant to Section 80210, the sum of ____ dollars ($____) shall be available to the Department of Water Resources and allocated as follows:(a) ____ dollars ($____) shall be available for expenditures on, and competitive grants and loans for, projects to prevent or clean up the contamination of groundwater that serves or has served as a source of drinking water.
(b) ____ dollars ($____) shall be available for grants for multibenefit flood control projects that restore rivers and streams in support of fisheries and wildlife, including, but not limited to, reconnection of rivers with their flood plains, riparian and side-channel habitat restoration, restoration and
protection of upper watershed forests and meadow systems that are important for fish and wildlife resources, and projects that are consistent with subdivision (f) of Section 79738 of the Water Code. The department shall give priority to projects supported by multistakeholder public or private partnerships using a science-based approach and measurable objectives to guide identification, design, and implementation of regional actions to benefit salmon and steelhead. Not less than ____ percent of the moneys available pursuant to this subdivision shall be available as grants to support the activities of multistakeholder public or private partnerships, such as the Central Valley Salmon Habitat Partnership.
(c) ____ dollars ($____) shall be available for grants for projects that assist local public agencies with meeting the long-term water needs of the state, including improved drinking water and the protection of water quality and the environment.
Eligible projects include projects that implement a stormwater resource plan and improve regional water supply and projects that implement an integrated regional water management plan. A project funded pursuant to this subdivision shall provide multiple benefits and include at least one of the following project elements:
(1) Water supply reliability, water conservation, and water use efficiency.
(2) Stormwater capture, storage, cleanup, treatment, and management.
(3) Creation and enhancement of wetlands, including mountain meadows, and the acquisition, protection, and restoration of open space and watershed lands.
(4) Nonpoint source pollution reduction, management, and monitoring.
(5) Groundwater recharge and management projects.
(6) Ecosystem and fisheries restoration and protection.
80214.
Of the amount available pursuant to Section 80210, ____ dollars ($____) shall be available to the State Water Resources Control Board for projects necessary to protect public health by preventing or reducing the contamination of groundwater that serves or has served as a major source of drinking water for a community.80216.
(a) Of the amount available pursuant to Section 80210, the sum of ____ dollars ($____) shall be available to the Wildlife Conservation Board, in consultation with the State Coastal Conservancy, for grants to improve riparian corridors and fish passage. Eligible projects include, but are not limited to, the removal of riparian corridor or fish passage barriers, restoration of wildlife habitat, acquisition of water from willing sellers, acquisition of land that includes water rights or right to water, and other projects that provide water for fish and wildlife or improve aquatic or riparian habitat conditions.(b) Of the amount available pursuant to subdivision (a), not less than ____ dollars ($____) of the funds available pursuant to
subdivision (a) shall be available as grants for projects that remove significant barriers to southern steelhead migration and include associated infrastructure improvements, including implementation of recovery actions identified by the Department of Fish and Wildlife Steelhead Restoration and Management Plan or the National Marine Fisheries Service and aligned with planning guidance under the federal Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.).
(c) Of the amount available pursuant to subdivision (a), not less than ____ dollars ($____) of the funds available pursuant to subdivision (a) shall be available as grants to support planning, studies, and facilitation for private and public partnerships working on regional settlements associated with at least two watersheds.
80218.
Of the amount available pursuant to Section 80210, ____ ($____) shall be available to the Natural Resources Agency for projects pursuant to the Salton Sea Management Program.CHAPTER 4. Recycling and Waste Diversion
80220.
The sum of ____ dollars($____) shall be available, upon appropriation by the Legislature, to address the critical infrastructure needed to recycle and reduce the use of plastics, divert waste from our landfills, reduce pollution, improve agriculture, and expand and develop food banking and associated distribution storage facilities. Projects funded pursuant to this chapter may include projects that expand organic waste management infrastructure, including, but not limited to, projects that recycle paper, plastic, and cardboard, recycle food and green waste, and improve compost development and application.80222.
(a) Of the amount available pursuant to Section 80220, the sum of ____ dollars ($____) shall be available to the Department of Resources Recycling and Recovery and allocated as follows:(1) ____ dollars ($____) shall be available for grants, loans, or incentive mechanisms in order to meet the state’s 2025 organic waste reduction target pursuant to Section 39730.6 of the Health and Safety Code and the state’s recycling goals pursuant to Section 41780.01. Moneys available for purposes of this paragraph may support grants for technological development and infrastructure pursuant to Section 42999 or loans pursuant to Section 42997.
(2) ____ dollars ($____) shall be available
for grants to support food banking programs and recycling projects that improve California’s ability to develop and process recyclable materials and markets, including, in coordination with the Treasurer, multistate market and infrastructure projects and infrastructure programs.
(3) ____ dollars ($____) shall be available for grants for projects that improve agricultural and open-space soil health by improving carbon soil sequestration, erosion control, water quality, and water retention. An eligible project shall include the development of new composting facilities, upgrades or modernization of existing facilities, the purchase of compost to mix with soils for agricultural uses, and the restoration of waterways and soil around rivers, lakes, and streams.
(4) ____ dollars ($____) shall be available for the activities described in paragraph (5) or (6) of subdivision (c) of Section
42649.87.
(b) The Department of Resources Recycling and Recovery, in coordination with the Treasurer, may develop financial incentive mechanisms for the purpose of paragraph (1) of subdivision (a) that include, but are not limited to, loans or incentive payments, such as processing payments, to fund organic waste diversion and recycling infrastructure.
CHAPTER 5. Local Government and Community Climate Resiliency and Fire Risk Reduction Infrastructure
80230.
The sum of ____ dollars ($____) shall be available, upon appropriation by the Legislature, to address the critical infrastructure needed in communities and neighborhoods to address the impacts of fire and sea level rise, and support efforts related to emergency preparedness, public health, road and utility modifications and technology, and workforce development.80232.
Of the amount available pursuant to Section 80230, ____ dollars ($____) shall be available to the State Coastal Conservancy pursuant to paragraph (1) of subdivision (d) of Section 31012 as grants for projects that assist coastal communities with fire, flood, or sea level rise threatened infrastructure.80234.
(a) Of the amount available pursuant to Section 80230, the sum of ____ dollars ($____) shall be available and allocated as follows:(1) ____ dollars ($____) to the Natural Resources Agency and state conservancies for grants for projects that improve the resiliency of communities facing heat, flood, fire, and other climate impacts by improving the natural lands surrounding urban areas, including community and home hardening, postfire watershed rehabilitation, prescribed or managed burns, acquisition of conservation easements or fee title interests, and wildland management practices that promote fire resilience and improve natural land.
(2) ____ dollars ($____) to the Natural
Resources Agency, in coordination with the departments, boards, and conservancies within the agency, for grants for integrated climate, greenspace, and housing projects that support the development of new affordable housing or the preservation and rehabilitation of existing affordable housing stock and the development of greenspaces on, or in proximity to, affordable housing facilities.
(3) ____ dollars ($____) to the Secretary of the Natural Resources Agency, in coordination with the departments, boards, and conservancies within the agency, for grants for climate-beneficial and climate resiliency projects that incorporate partnerships with nonprofit organizations that provide certifications and placement services, or apprenticeship opportunities, for jobs and careers in the natural resources field, including fire and vegetative management, restoration, parks, and natural resources management. Subdivisions (a) and (b) of Section 16727 of the
Government Code do not apply to this paragraph.
(b) All of the following apply to moneys available pursuant to paragraph (2) of subdivision (a):
(1) The granting agency may use a portion of the funds to acquire lands for future integrated community resiliency projects that stabilize neighborhoods through models like community land trusts.
(2) In coordination with the Strategic Growth Council, the granting agency shall seek to leverage funding available pursuant to the Housing-Related Parks Program (Chapter 8 (commencing with Section 50700) of Part 2 of Division 31 of the Health and Safety Code), as appropriate.
(3) The following project types shall receive preference if they include the development of new affordable housing
or protect and restore existing housing stock, or both:
(A) Urban greening.
(B) School greening.
(C) River parkways.
(D) Parks.
(E) Urban tree canopy.
(F) Water capture.
(G) Active transportation and trails.
(H) Zero-and near-zero-emission vehicle technologies and infrastructure for low-income communities.
(4) No less than ____ dollars ($____) shall be allocated to projects that primarily serve farmworkers.
(c) All of the following apply to moneys available pursuant to paragraph (3) of subdivision (a):
(1) The Secretary of the Natural Resources Agency shall make not less than ____ dollars ($____) available for the development of wood product manufacturing facilities and related workforce training and job creation pursuant to Article 10 (commencing with Section 4630) of Chapter 8 of Part 2 of Division 4.
(2) The Secretary of the Natural Resources Agency shall make not less than ____ dollars ($____) available to fund workforce development through grants providing funding for educational programs at community colleges pursuant to Article 7.5 (commencing with Section 78305) of Chapter 2 of Part 48 of Division 7 of Title 3 of the Education Code that teach students how to perform prescribed fire treatments, building hardening,
defensible space management, and approved community defense techniques.
(3) No less than ____ dollars ($____) shall be available to the California Conservation Corps for projects to assist the state with the implementation of critical natural resources, transportation, energy, and housing infrastructure, and to prepare, prevent, respond, and rehabilitate from natural disasters or climate-related impacts to communities, including, but not limited to, community greenspace improvements or restoration, restoration of watersheds and riparian zones, regional and community-level fuel load reduction, postfire restoration, compost application and food waste management, resource conservation and restoration projects, community education and science programming for coast, ocean, wetland, and riparian habitats, and facility or equipment acquisition, development, restoration, and rehabilitation. At least 60 percent of the amount available pursuant to this
paragraph shall be available to certified local community conservation corps. At least 5 percent of the amount available pursuant to this paragraph shall be available for training, support, recruitment and retention, and other wraparound services for corps members.
80236.
Of the amount available pursuant to Section 80230, the sum of ____ dollars ($____) shall be available to the Strategic Growth Council for community-scale grants to local governments, special districts, or nonprofit organizations and shall be allocated as follows:(a) ____ dollars ($____) shall be available for defensible space landscaping retrofits and home hardening. The council shall give priority to regions adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material, and an area or land that is within a very high fire hazard severity zone as designated by a local agency pursuant to Section 51179 of the Government Code.
(b) ____ dollars ($____) shall be available for projects that improve emergency preparedness and evacuation support.
(c) ____ dollars ($____) shall be available for community disaster rehabilitation, including transferable development credits to assist resident movement to safer spaces.
(d) ____ dollars ($____) shall be available for planning and projects to assist in the implementation of utility fire safety rules, including microgrid infrastructure support to allow for greater resiliency and local clean energy, under grounding utility lines for the protection of resources in fire and emergency situations, and relocation or hardening of energy infrastructure in high-risk areas, including flood plains and coastal zones.
(e) ____ dollars ($____) shall be available for projects that improve technology,
research, and management planning related to emergency preparedness and response.
(f) ____ dollars ($____) shall be available for land and fire management equipment, including, but not limited to, innovative utility equipment, private landowner land management and forestry equipment, and firefighting equipment.
(g) ____ dollars ($____) shall be available for projects modifying or retrofitting roads, water, transit, sewer, or other at-risk public facilities, including opportunities to lay fiber optic cable.
80238.
Of the amount available pursuant to Section 80230, the sum of ____ dollars ($____) shall be available to the State Energy Resources Conservation and Development Commission for competitive grants allocated as follows:(a) Thirty percent of the moneys for pilots in the South Coast and San Joaquin Valley Air Basins to assist under-resourced communities with the transition to a low-carbon California while reducing barriers to achieving the goals of Chapter 547 of the Statutes of 2015, including information, education, and delivery of consumer-oriented funding programs.
(b) Forty percent of the moneys for weatherization, renewable energy projects, and other activities for low-income households run by
energy service providers who receive funding pursuant to Section 8624 of Title 42 of the United States Code.
(c) Ten percent of the moneys for technologies that decrease the carbon footprint of buildings.
(d) Five percent of the moneys for panel and electrical upgrades to low-income households to support electric vehicle charging and solar panels at home.
(e) Ten percent of the moneys for electric vehicle charging infrastructure and supportive electrical infrastructure.
(f) Five percent of the moneys for funding the installation of public light-duty direct current fast chargers along major interstate corridors, rural areas, and low utilization areas.
80240.
Of the amount available pursuant to Section 80230, the sum of ____ dollars ($____) shall be available to the State Air Resources Board for grants for the deployment of vanpool technologies for low-income agricultural farmworkers.80241.
Of the amount available pursuant to Section 80230, the sum of ____ dollars ($____) shall be available to the State Energy Resources Conservation and Development Commission for block grants allocated as follows:(a) ____ percent to provide for the planning and installation of high-capacity charging infrastructure to support deployment of medium- and heavy-duty vehicles pursuant to the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program created by Section 39719.2 of the Health and Safety Code.
(b) ____ percent for the planning and installation of high-capacity charging infrastructure to support medium- and heavy-duty vehicles along freight corridors, near ports, and
in major metropolitan areas of the state.
80242.
Of the amount available pursuant to Section 80230, ____ dollars ($____) shall be available for deposit into the Resiliency through Adaptation, Economic Vitality, and Equity Account established by Section 71157, as informed and guided by the State Adaptation Clearinghouse established pursuant to Section 71360.80244.
Of the amount available pursuant to Section 80230, ____ dollars ($____) shall be available for deposit into the Fire Hardened Homes Revolving Loan and Rebate Fund established by Section 55501 of the Health and Safety Code.80246.
Of the amount available pursuant to Section 80230, ____ dollars ($____) shall be available to the Wildlife Conservation Board, in consultation with the State Coastal Conservancy, for grants to protect and restore natural landscapes, prevent forest fragmentation though subdivision, prevent forest land conversion by incentivizing groups of landowners to aggregate their sequestration value, and restore natural fire regimes and climate-resilient conditions.80248.
Of the amount available pursuant to Section 80230, ____ dollars ($____) shall be available to the Department of Parks and Recreation for grants to support the development, expansion, or maintenance of community, school, or urban gardens and farms. Subdivisions (a) and (b) of Section 16727 of the Government Code do not apply to this section.CHAPTER 6. Protection of Rivers, Improved Coastal Economies, Community Access, and Habitat Improvements
80250.
The sum of ____ dollars ($____) shall be available, upon appropriation by the Legislature, to address the critical infrastructure needed to protect and enhance riverways, recreational opportunities, coastal economic resiliency, and community access infrastructure and programming.80252.
Of the amount available pursuant to Section 80250, the sum of ____ dollars ($____) shall be available to the Secretary of the Natural Resources Agency for grants to the following specified entities or nonprofit organizations for the protection, enhancement, and access to California’s rivers and their watersheds, including the acquisition and protection of land adjacent to a river, allocated as follows:(a) ____ dollars ($____) to the Santa Monica Mountains Conservancy for projects pursuant to Division 23 (commencing with Section 33000) that protect the watershed and river corridors that flow to the San Fernando Valley.
(b) ____ dollars ($____) for projects pursuant to Section 79508 of the Water
Code that protect and restore the Los Angeles River and with a preference for projects that involve nature-based watershed and river solutions and holistic planning.
(c) ____ dollars ($____) for projects pursuant to Section 79508 of the Water Code that protect and restore the San Gabriel River.
(d) ____ dollars ($____) for projects that protect and restore rivers within the County of San Diego.
(e) ____ dollars ($____) for projects that protect and restore the San Joaquin River.
(f) ____ dollars ($____) for projects that protect and restore the Salinas River.
(g) ____ dollars ($____) for projects that protect and restore the Guadalupe River.
(h) ____ dollars ($____) to the Santa Ana River Conservancy for projects that protect and restore the Santa Ana River.
(i) ____ dollars ($____) for projects that protect and restore the New River.
(j) ____ dollars ($____) for projects that protect and restore the American River.
(k) ____ dollars ($____) for the Tijuana River Border Pollution Control Project.
80254.
Of the amount available pursuant to Section 80250, ____ dollars ($____) shall be available to the State Coastal Conservancy for grants for natural surface recreation trails.80256.
(a) Of the amount available pursuant to Section 80250, ____ dollars ($____) shall be available to the Secretary of the Natural Resources Agency, in coordination with the departments, boards, and conservancies within the agency, for grants for community access projects that include, but are not limited to, any of the following:(1) Transportation.
(2) Physical activity programming.
(3) Resource interpretation.
(4) Multilingual translation.
(5) Natural science, outdoor education,
conservation, restoration, and climate adaptation.
(6) Workforce development and career pathways.
(7) Communication related to water, parks, climate, coastal protection, and other outdoor pursuits.
(b) Of the amount available pursuant to Section 80250, ____ dollars ($____) shall be available to the Secretary of the Natural Resources Agency, in coordination with the departments, boards, and conservancies within the agency, for grants for education programs, including, but not limited to, school-based education, outdoor education, and science programs.
(c) Subdivisions (a) and (b) of Section 16727 of the Government Code do not apply to this section.
80258.
Of the amount available pursuant to Section 80250, the sum of ____ dollars ($____) shall be available to ____ for grants to local agencies, state conservancies, federally recognized Native American tribes, nonfederally recognized California Native American tribes listed on the California Tribal Consultation List maintained by the Native American Heritage Commission, joint powers authorities, and nonprofit organizations to provide multiuse nonmotorized trails that promote new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments to encourage health-related active transportation and opportunities for Californians to reconnect with nature. For the purposes of this section, a nonmotorized trail may include the purpose and use of Class 1 and Class 2 electric bicycles. Twenty percent of the funds available for purposes of this section shall be allocated for the construction of trails that enhance wildlife passage crossings by providing an alternative trail crossing or a single crossing that accommodates trail and wildlife use.CHAPTER 7. Clean Beaches and Oceans, Parks, and Wildlife Corridors
80260.
The sum of ____ dollars ($____) shall be available, upon appropriation by the Legislature, to address the critical infrastructure to clean up beaches and the ocean, to improve and expand parks and open spaces, and to develop and protect wildlife corridors.80262.
Of the amount available pursuant to Section 80260, the sum of ____ dollars ($____) shall be available to the Department of Parks and Recreation and allocated as follows:(a) ____ dollars ($____) for the creation and expansion of safe neighborhood parks in park-poor neighborhoods in accordance with the competitive grant program of the Statewide Park Development and Community Revitalization Act of 2008 (Chapter 3.3 (commencing with Section 5640) of Division 5).
(b) ____ dollars ($____) for grants for greenspace development and maintenance projects that include efficiency upgrades, multibenefit projects involving parks, urban greening, and access to city and regional parks for under-resourced
communities via bike paths, walking trails, and public transit.
(c) ____ dollars ($____) for grants supporting the acquisition and associated stewardship of properties, pursuant to a publicly available list of properties privately held throughout the state. Subdivisions (a) and (b) of Section 16727 of the Government Code do not apply to this subdivision.
(d) ____ dollars ($____) for grants to cities, counties, districts, and nonprofit organizations for grants for projects that develop public spaces, plazas, visitor facilities, interpretive signage, cultural centers, and other education facilities that highlight the significance of the effects of climate change on California’s waterways, watershed lands, forested landscapes, coastlines, urban populations, native species, and habitats.
80264.
Of the amount available pursuant to Section 80260, the sum of ____ dollars ($____) shall be available to the Secretary of the Natural Resources Agency and allocated as follows:(a) ____ dollars ($____) pursuant to Section 12802.10 of the Government Code.
(b) ____ dollars ($____) for grants for projects that protect agricultural lands, open space, and habitat.
80266.
Of the amount available pursuant to Section 80260, ____ dollars ($____) shall be available to the Natural Resources Agency, in coordination with regional park entities, including districts, counties, and authorities, and the Department of Parks and Recreation, for grants to acquire, restore, or enhance public lands to protect and enhance open space, forests, habitat, and beaches. A project funded pursuant to this section shall include at least three of the following cobenefits:(a) Fire risk reduction.
(b) Improved wildlife corridors.
(c) Improved ability for wildlife species to adapt to climate change.
(d) Reduced forest fragmentation.
(e) Improved public access and outdoor recreation.
(f) Improved vegetative management associated with projects developed pursuant to Section 4123.5.
80268.
(a) Of the amount available pursuant to Section 80260, the sum of ____ dollars ($____) shall be available to the Secretary of the Natural Resources Agency and the departments, boards, and conservancies within the agency, for grants for projects that protect and conserve natural lands, open spaces, chaparral, forests, and wildlife corridors.(b) Of the funds available pursuant to subdivision (a), not less than ____ dollars ($____) shall be allocated to the Wildlife Conservation Board for grants according to the following schedule:
(1) At least ____ dollars ($_____) for watershed, chaparral, and redwood forest conservation and protection projects.
(2) At least ____ dollars ($_____) to protect and enhance chaparral, oak woodlands, rangelands, grasslands, and grazing lands.
(3) At least ____ dollars ($_____) for acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and connectivity, including land acquisition and the construction, repair, or removal of barriers. Eligible projects may include planning, monitoring, and data collection necessary to track movement of wildlife around and across transportation facilities and establish the best locations to construct wildlife crossing features.
(c) Of the funds available pursuant to subdivision (a) not less than ____ dollars ($____) shall be allocated to the State Coastal Conservancy for grants and expenditures for the protection, restoration, and improvement of coastal
forest watersheds, including managed forest lands, redwood forests, and other forest types. Eligible project types shall include projects that improve water quality and supply, increase coastal watershed storage capacity, reduce fire risk, provide habitat for fish and wildlife, or improve coastal forest health.
80270.
Of the amount available pursuant to Section 80260, the sum of ____ dollars ($____) shall be available to the Ocean Protection Council for deposit into the California Ocean Protection Trust Fund established by Section 35650 for grants for projects that assist coastal communities, including those reliant on commercial fisheries, with adaptation to climate changes, including projects that address ocean acidification, sea level rise, habitat restoration and protection, and the protection and restoration of sea grass and kelp forests. Of the funds available pursuant to this section, ____ dollars ($____) shall be available for blue carbon projects that increase the ability of the ocean and coastal ecosystems to capture, sequester, and store carbon dioxide.80272.
Of the amount available pursuant to Section 80260, the sum of ____ dollars ($____) shall be available to the State Coastal Conservancy as follows:(a) ____ dollars ($____) for grants for the protection of beaches, bays, wetlands, and coastal watershed resources pursuant to Division 21 (commencing with Section 31000) and including the acquisition of, or conservation easements on, land in or adjacent to the California coastal zone with open space, recreational, biological, cultural, scenic, or agricultural values, or lands adjacent to marine protected areas, including marine conservation areas, whose preservation will contribute to the ecological quality of those marine protected areas.
(b) ____
dollars ($____) for the San Francisco Bay Area Conservancy Program.
80274.
(a) Of the amount available pursuant to Section 80260, the sum of ____ dollars ($____) shall be available to the Department of Conservation for the following:(1) Projects that protect or improve agricultural lands or riparian corridors or sequester land-based carbon, or any combination of these. Projects may include local capacity building, planning, and technical assistance. Not less than ____ dollars ($____) shall be available as grants for projects that protect critical agricultural lands from conversion to urban or rural development though land acquisition, including fee title, easement, and other approaches that protect land in the long term.
(2) Projects that support
the implementation of the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code).
(b) The Department of Conservation shall maximize grant timeline flexibility for the funds available pursuant to paragraph (1) of subdivision (a) to ensure that applicants have multiple opportunities to apply for funding throughout each year.
80276.
(a) Of the amount available pursuant to Section 80260, ____ dollars ($____) shall be available to the Wildlife Conservation Board for grants for the acquisition, including both fee title and easement, development, rehabilitation, restoration, protection, and expansion of habitat that furthers the implementation of both of the following:(1) Natural community conservation plans adopted pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code) to balance communitywide conservation, planning, and economic activities.
(2) Habitat conservation plans that resolve resource conflicts with
provisions for conservation, planning, and economic activities.
(b) Funds available pursuant to this section shall not be used to offset mitigation obligations otherwise required. Funds available pursuant to this section may be used as part of a funding partnership to enhance, expand, or augment conservation efforts required by mitigation.
80278.
Of the amount available pursuant to Section 80260, ____ dollars ($____) shall be available to the Natural Resources Agency for competitive grants pursuant to Chapter 13 (commencing with Section 20050) of Part 11 of Division 1 of Title 1 of the Education Code to protect California’s cultural and historic resources from climate impacts.CHAPTER 8. Fiscal Provisions
80280.
(a) Bonds in the total amount of ____ dollars ($____), not including the amount of any refunding bonds issued in accordance with Section 80292, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this division and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, issued, and delivered, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal of, and interest on, the bonds as the principal and interest become due and payable.(b) The
Treasurer shall sell the bonds authorized by the committee pursuant to this division. The bonds shall be sold upon the terms and conditions specified in a resolution to be adopted by the committee pursuant to Section 16731 of the Government Code.
80281.
The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law, as amended from time to time, and all of the provisions of that law apply to the bonds and to this division.80282.
(a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this division, the Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Finance Committee is hereby created. For purposes of this division, the Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Finance Committee is the “committee” as that term is used in the State General Obligation Bond Law.(b) The committee consists of the Director of Finance, the Treasurer, and the Controller. Notwithstanding any other law, any
member may designate a representative to act as that member in their place for all purposes, as though the member were personally present.
(c) The Treasurer shall serve as the chairperson of the committee.
(d) A majority of the committee may act for the committee.
80283.
The committee shall determine whether or not it is necessary or desirable to issue bonds authorized by this division in order to carry out the actions specified in this division and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time.80284.
For purposes of the State General Obligation Bond Law, “board,” as defined in Section 16722 of the Government Code, means the Secretary of the Natural Resources Agency.80285.
There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.80286.
Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for purposes of this division, an amount that will equal the total of both of the following:(a) The sum necessary annually to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable.
(b) The sum that is necessary to carry out Section 80289, appropriated without regard to fiscal years.
80287.
The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of interim financing that include, but are not limited to, commercial paper, in accordance with Section 16312 of the Government Code for the purpose of carrying out this division. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this division, excluding refunding bonds authorized pursuant to Section 80292, less any amount loaned and not yet repaid pursuant to this section and withdrawn from the General Fund pursuant to Section 80289 and not yet returned to the General Fund. The board shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated in accordance with this division.80288.
Notwithstanding any other provision of this division, or of the State General Obligation Bond Law, if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.80289.
For purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for purposes of carrying out this division, excluding refunding bonds authorized pursuant to Section 80292, less any amount loaned pursuant to Section 80287 and not yet repaid and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. Any amounts withdrawn shall be deposited in the fund to be allocated in accordance with this division. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for purposes of carrying out this division.80290.
All moneys deposited in the fund that are derived from premium and accrued interest on bonds sold pursuant to this division shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premiums may be reserved and used to pay the cost of bond issuance before any transfer to the General Fund.80291.
Pursuant to the State General Obligation Bond Law, the cost of bond issuance shall be paid or reimbursed out of the bond proceeds, including premiums, if any. To the extent the cost of bond issuance is not paid from premiums received from the sale of bonds, these costs shall be allocated proportionally to each program funded through this division by the applicable bond sale.80292.
The bonds issued and sold pursuant to this division may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds under this division shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this division or any previously issued refunding bonds. Any bond refunded with the proceeds of a refunding bond as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond.80293.
The proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article.SEC. 2.
Section 1 of this act shall take effect upon the approval by the voters of the Climate Resiliency, Fire Risk Reduction, Recycling, Groundwater and Drinking Water Supply, Clean Beaches, and Jobs Infrastructure Bond Act of 2020, as set forth in Section 1 of this act.SEC. 3.
Section 1 of this act shall be submitted to the voters at the November 3, 2020, statewide general election in accordance with provisions of the Elections Code and the Government Code governing the submission of a statewide measure to the voters.For purposes of this chapter, the following terms shall apply:
(a)“Continuing education” means education relating to the enforcement of Title 24 of the California Code of Regulations, Title 19 of the California Code of Regulations, and any other locally enforced building, fire and life or panic safety, and construction standards, including, but not limited to, the model codes adopted by the state.
(b)“Fire inspector” means ____.
(c)“Fire marshal” means the individual invested with the responsibility for overseeing local and state code enforcement activities, including administration of a fire prevention organization, interpretation of
code requirements, and direction of the code adoption process.
(d)“Fire plans examiner” means a person who is hired or contracted by a state or local public agency in a temporary or permanent capacity for the purpose of performing construction plan review for fire and life or panic safety, or building or fire system, requirements of adopted California or model codes or standards, as applied to residential, commercial, or industrial buildings and premises.
(a)A fire inspector or a fire plans examiner who is not exempt from the requirements of this chapter pursuant to subdivision (c), or who has been previously certified, shall complete one year of verifiable experience in the appropriate field and shall, within two years thereafter, obtain certification from the Office of the State Fire Marshal. The area of certification shall be closely related to the primary job function, as determined by the state or local public agency.
(b)A fire marshal who is not exempt from the requirements of this chapter pursuant to subdivision (c), or has been previously certified, shall complete one year of verifiable experience in the appropriate field and shall, within five years thereafter, obtain certification
from the Office of the State Fire Marshal. The area of certification shall be closely related to the primary job function, as determined by the local agency.
(c)A person who is employed, as of January 1, 2020, and has been continuously employed as a fire inspector, fire marshal, fire plans examiner since January 1, 2018, shall be exempt from the certification provisions of this section.
(d)A person who possesses certification as a fire inspector, fire marshal, or fire plans examiner through the Office of the State Fire Marshal, as of January 1, 2020, is recognized as meeting the intent of this section. The individuals subject to this subdivision shall comply with Section 13272.
(e)This chapter shall not apply to engine company staff who are temporarily assigned to perform the duties of a fire inspector, fire
marshal, or fire plans examiner, as long as those duties are not performed for a period of more than two years. Engine company staff shall complete any fire prevention course required by the Office of the State Fire Marshal for company officers or equivalent courses as determined by the local agency.
(f)This section does not prohibit a state or local public agency from requiring additional criteria for the certification of a fire inspector, fire plans examiner, or fire marshal.
(a)A person who is employed as a fire inspector, a fire marshal, or a fire plans examiner shall complete a minimum of 45 hours of continuing education for every three-year period of employment in that capacity.
(b)Providers of continuing education may include any organizations affiliated with the code enforcement profession, as approved by the local agency, in the development of that education.
The state or local public agency shall bear the costs of certification and continuing education, as required by this chapter. A local public agency may impose fees, including, but not limited to, fees for permits, inspection, and plan checks, that may be used to cover the costs of compliance with this chapter.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
