Bill Text: CA AB1789 | 2021-2022 | Regular Session | Amended

California Assembly Bill 1789 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Outdoor recreation: California Recreational Trails System Plan.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-25 - Chaptered by Secretary of State - Chapter 522, Statutes of 2022. [AB1789 Detail]

Download: California-2021-AB1789-Amended.html

Amended IN Assembly May 19, 2022

Amended IN Assembly April 06, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1789

Introduced by Assembly Member Bennett

February 03, 2022

An act to amend Sections 5019.53, 5070.7, and 5073 of, and to add ~~Chapter 1.5 (commencing with Section 575) to, and to add Chapter 1.8 (commencing with Section 590) to, Division 1 of, and to add Chapter 4.7 (commencing with Section 14417) to Division 12 of,~~ Section 535.6 to, the Public Resources Code, relating to outdoor ~~recreation, and making an appropriation therefor.~~ recreation.

LEGISLATIVE COUNSEL'S DIGEST

AB 1789, as amended, Bennett. Outdoor recreation: California Recreational Trails System Plan: ~~California Trails Commission: Trails Corps Program: grant program.~~ State Park and Recreation Commission.

Existing law establishes within the Natural Resources Agency the Department of Parks and Recreation, which is under the control of the Director of Parks and Recreation. Existing law requires the director to cause to be prepared, and continuously maintained, a comprehensive plan for the development and operation of a statewide system of recreation trails, which is known as the California Recreational Trails System Plan. Existing law requires the plan to be continuously reviewed, revised, and updated by the director. Existing law requires the director to submit a report every 2 years to the Legislature describing the progress in carrying out the plan, as provided.

This bill would require the plan to include recommended priorities for funding to improve and expand, among other things, nonmotorized natural surface trails, as provided. The bill would require the director, on or before January 1, 2024, to prepare and provide to the Legislature a full update of the plan. The bill would instead require the director to submit a report every 3 years to the Legislature describing the progress in carrying out the plan, as provided.

Existing law creates the Recreational Trails Fund, and moneys in the fund are available, upon appropriation by the Legislature, to the department for competitive grants to cities, counties, districts, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop recreational trails.
Existing law establishes the California Conservation Corps within the Natural Resources Agency. Under existing law, the corps’ projects include, but are not limited to, preserving, maintaining, and enhancing environmentally important lands and waters, conserving, maintaining, improving, and developing natural resources in both urban and rural areas, and assisting departments within the agency in developing, rehabilitating, and restoring parklands, recreational facilities, and historical resources.
This bill would create the California Trails Commission, to consist of 12 specified members, within the agency to, among other things, promote policies and investment opportunities that maximize the health, fitness, and social benefits of nonmotorized natural surface trails, trail networks, and greenway corridors. The bill would require the agency to assign a California Trails Coordinator to staff the commission and report to the secretary of the agency.
This bill would create the Trails Corps Program within the corps to provide training, education, certifications, placement services for jobs and careers in nonmotorized infrastructure development and related fields, and skills implementation in the advancements of sustainable trails, trail landscaping, and the designing, and best management practices for the operations and maintenance, of nonmotorized natural surface trails.
This bill would appropriate $75,000,000 from the General Fund to the agency for deposit into the Trails and Greenways Fund, which the bill would establish in the State Treasury, for purposes of providing nonmotorized infrastructure development and enhancements that, among other things, promote new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments, as provided. On and after June 30, 2024, the bill would continuously appropriate $15,000,000 each year from the General Fund to the agency for deposit into the fund for the purposes described above. The bill would require the agency to ensure that at least 40% of those grant moneys directly benefit underresourced communities, as defined.
Existing law establishes in the department the State Park and Recreation Commission and authorizes it to take specified actions, including assisting in promoting the state park system and parks and recreational facilities and programs.
This bill would also authorize the commission to, among other things, coordinate trail planning and development among cities, counties, and districts.

Existing law requires improvements undertaken within state parks to be for public enjoyment and education in a manner consistent with the preservation of natural, scenic, cultural, and ecological values for present and future generations. Existing law authorizes improvements to provide for recreational activities including, among other things, camping.

This bill would also include biking in that list of recreational activities.

Vote: ~~TWO_THIRDS~~MAJORITY Appropriation: ~~YES~~NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) Until January 1, 2013, California had a California Recreational Trails Committee.

(b) Due in large part to the COVID-19 pandemic and the fundamental human need to interact with people and nature, the popularity of California’s nonmotorized natural surface recreation trails exploded over the past two years.

(c) Nonmotorized recreation trails are the venues of choice for diverse outdoor activities, including hiking, mountain and gravel biking, trail running, equestrian use, and passive nature experience.

(d) According to the Outdoor Industry Association, trail activities are the most popular form of outdoor engagement in the country, yet California spends less than $3 million per year on nonmotorized natural surface trail enhancements through federally funded programs.

(e) Several strategy documents produced by Governor Gavin Newsom’s administration to combat climate change and promote resilient landscapes, including the “Pathways to 30x30” draft document, which emphasizes the need for sustainable and equitable recreation and trail investments, will help to facilitate this objective.

(f) In an effort to combat wildfire through the joint management of lands, California and the United States Forest Service entered into the “Agreement for Shared Stewardship of California’s Forests and Rangelands” wherein this agreement calls for a shared vision around access and diversity that includes “increasing accessible trails and targeting low-income communities that lack access.”

(g) To further promote the multibenefit element of climate and resiliency investments, California should further explore opportunities that feature the incorporation of new trails and trail corridors in future risk reduction buffers and shaded fuel break projects.

(h) According to the Outdoor Industry Association, California’s outdoor economy is one of the state’s primary economic drivers, contributing nearly $100 billion annually in goods and services to the financial health of the state, and trail infrastructure is a critical component to this sector’s level of success.

(i) Through the enactment of Proposition 68, as approved at the June 5, 2018, statewide direct primary election, and the 2021–22 state budget, California has seen an infusion of resources for nature-based investments to accelerate the pace and scale of climate resiliency and public access projects.

(j) While the state has recently made a substantial commitment to outdoor programming, this investment is incongruous with the level of investment in trails infrastructure, which are the primary means to connect people and programs to nature, and California needs to establish a sustainable state-specific funding source to keep up with trail demand.

(k) To underscore the demand for funding in this area, during a recent grant cycle to secure awards relating to trails and greenway corridors, there were more than $300 million in funding requests but there was only $27 million available pursuant to Proposition 68, as approved at the June 5, 2018, statewide direct primary election.

SEC. 2.Chapter 1.5 (commencing with Section 575) is added to Division 1 of the Public Resources Code, to read:
1.5.California Trails Commission
575.
~~For purposes of this chapter, the following definitions shall apply:~~
~~(a)“Agency” means the Natural Resources Agency.~~
~~(b)“Commission” means the California Trails Commission created pursuant to Section 576.~~
~~(c)“Coordinator” means the California Trails Coordinator established pursuant to Section 577.~~
~~(d)“Secretary” means the Secretary of Natural Resources.~~
576.
(a)The California Trails Commission is hereby created within the agency to promote policies and investment opportunities that maximize the health, fitness, and social benefits of nonmotorized natural surface trails, trail networks, and greenway corridors.
~~(b)(1)The commission shall consist of 12 members, as follows:~~
~~(A)A member of the equestrian community.~~
~~(B)A member of the gravel and mountain biking community.~~
~~(C)A member of the hiking and trail running community.~~
~~(D)A member of the hunting and angling community.~~
~~(E)A member of California’s outdoor industry sector.~~
~~(F)A member from the inclusion, diversity, and equity community.~~
~~(G)A member with knowledge of trail planning, construction, and maintenance.~~
~~(H)A representative from the Department of Fish and Wildlife.~~
~~(I)A representative from the Wildlife Conservation Board.~~
~~(J)A representative from the Department of Parks and Recreation.~~
~~(K)A member of the public, appointed by the Speaker of the Assembly.~~
~~(L)A member of the public, appointed by the Senate Committee on Rules.~~
~~(2)Unless otherwise specified, the members of the commission shall be appointed by the secretary.~~
~~(3)The chair of the commission shall be elected by the members from their membership.~~
~~(4)Members of the commission shall serve for one, four-year term.~~
577.
~~The agency shall assign a coordinator, to be known as the California Trails Coordinator, to staff the commission. The coordinator shall report to the secretary.~~
578.
~~(a)The commission shall have the following powers and duties:~~
(1)Coordinate trail planning and development among cities, counties, and districts. In carrying out this responsibility, the commission shall review statewide trail planning efforts, assist with resolution of trail issues and user group conflicts, and advise in the development of trail planning and management guidelines that may be available to public and private land managers.
~~(2)Pursue investments in and promote policies that lead to expanded access to sustainable trail corridors and networks in urban, suburban, and rural areas of the state.~~
(3)Advise the Director of Parks and Recreation in the preparation and maintenance of the California Recreational Trails System Plan, as described in Article 6 (commencing with Section 5070) of Chapter 1 of Division 5, and the development of state park trail guidelines.
~~(4)Oversee established trail easements with the goal of preventing trail closures.~~
~~(5)Identify volunteer opportunities for trail building and maintenance.~~
~~(b)The commission may help establish policies, guidelines, and recommendations that assist communities with trail development for ecotourism purposes.~~
579.
The commission shall meet not less than once per year. The public members of the commission shall be reimbursed for actual, reasonable travel expenses, and one hundred dollars ($100) per diem for each meeting.
SEC. 3.Chapter 1.8 (commencing with Section 590) is added to Division 1 of the Public Resources Code, to read:
1.8.Trails and Greenways Competitive Grant Program
590.
(a)(1)The sum of seventy-five million dollars ($75,000,000) is hereby appropriated from the General Fund to the Natural Resources Agency, for deposit into the Trails and Greenways Fund, which is hereby established in the State Treasury, to provide nonmotorized infrastructure development and enhancements that either promote new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments to encourage health-related opportunities for Californians to reconnect with nature or promote new or enhanced natural surface trails and pathway connections within existing parks to provide new outdoor, nature-based learning experiences and connectivity between built and natural landscapes, as described in subdivision (b).
(2)Notwithstanding Section 13340 of the Government Code, on and after June 30, 2024, the sum of fifteen million dollars ($15,000,000) is hereby continuously appropriated each year, without regard to fiscal years, from the General Fund to the Natural Resources Agency, for deposit into the Trails and Greenways Fund, for the same purposes described in paragraph (1).
(b)(1)Ninety percent of the moneys made available pursuant to subdivision (a) shall be available for competitive grants to local agencies, including public districts and regional districts, 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. The Natural Resources Agency shall award the moneys consistent with Section 80080.
(2)Ten percent of the moneys made available pursuant to subdivision (a) shall be available to the California Conservation Corps to support the Trail Corps Program established pursuant to Section 14417.
~~(c)The Natural Resources Agency may encumber the moneys appropriated in paragraph (1) of subdivision (a) only on or before June 30, 2030.~~
~~(d)Not more than 5 percent of the moneys appropriated in subdivision (a) may be used to pay administrative costs.~~
(e)The Natural Resources Agency shall ensure that at least 40 percent of the moneys appropriated in subdivision (a) directly benefit underresourced communities. For purposes of this subdivision, “underresourced communities” means communities identified pursuant to Section 39711 of the Health and Safety Code, subdivision (d) of Section 39713 of the Health and Safety Code, or subdivision (g) of Section 75005 of this code.
(f)To the extent feasible, a project whose grant application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5, shall be given preference for receipt of a grant under this chapter.
(g)Funding to qualified nonprofit organizations or local government entities, in partnership with the federal or state land management entity, may be used for trail projects on state-owned lands, and to the extent authorized, federal lands.

SEC. 2.

Section 535.6 is added to the Public Resources Code, to read:

535.6.
(a) The commission may do all of the following:
(1) Coordinate trail planning and development among cities, counties, and districts. In carrying out this responsibility, the commission shall review statewide trail planning efforts, assist with resolution of trail issues and user group conflicts, and advise in the development of trail planning and management guidelines that may be available to public and private land managers.
(2) Pursue investments in and promote policies that lead to expanded access to sustainable trail corridors and networks in urban, suburban, and rural areas of the state.
(3) Advise the director in the preparation and maintenance of the California Recreational Trails System Plan, as described in Article 6 (commencing with Section 5070) of Chapter 1 of Division 5, and the development of state park trail guidelines.
(4) Oversee established trail easements with the goal of preventing trail closures.
(5) Identify volunteer opportunities for trail building and maintenance.
(b) The commission may help establish policies, guidelines, and recommendations that assist communities with trail development for ecotourism purposes.

SEC. 4.SEC. 3.

Section 5019.53 of the Public Resources Code is amended to read:

5019.53.

(a) State parks consist of relatively spacious areas of outstanding scenic or natural character, oftentimes also containing significant historical, archaeological, ecological, geological, or other similar values. The purpose of state parks shall be to preserve outstanding natural, scenic, and cultural values, indigenous aquatic and terrestrial fauna and flora, and the most significant examples of ecological regions of California, such as the Sierra Nevada, northeast volcanic, great valley, coastal strip, Klamath-Siskiyou Mountains, southwest mountains and valleys, redwoods, foothills and low coastal mountains, and desert and desert mountains.

(b) Each state park shall be managed as a composite whole in order to restore, protect, and maintain its native environmental complexes to the extent compatible with the primary purpose for which the park was established.

(c) Improvements undertaken within state parks shall be for the purpose of making the areas available for public enjoyment and education in a manner consistent with the preservation of natural, scenic, cultural, and ecological values for present and future generations. Improvements may be undertaken to provide for recreational activities, including, but not limited to, camping, biking, picnicking, sightseeing, nature study, hiking, and horseback riding, so long as those improvements do not involve major modification of lands, forests, or waters. Improvements that do not directly enhance the public’s enjoyment of the natural, scenic, cultural, or ecological values of the resource, which are attractions in themselves, or that are otherwise available to the public within a reasonable distance outside the park, shall not be undertaken within state parks.

(d) State parks may be established in the terrestrial or nonmarine aquatic (lake or stream) environments of the state.

SEC. 5.SEC. 4.

Section 5070.7 of the Public Resources Code is amended to read:

5070.7.

(a) The director shall cause to be prepared, and continuously maintained, a comprehensive plan for the development and operation of a statewide system of recreation trails. The plan, which shall be titled the California Recreational Trails System Plan, shall:

(1) Assess the present and future demand for trail-oriented recreation uses.

(2) Recommend an integrated and interconnecting system of trail routes designed to provide a wide range of recreational opportunities and to ~~assure~~ ensure access and linkage to scenic, natural, historic, and recreational areas of statewide significance.

(3) Recommend priorities for funding to improve and expand nonmotorized natural surface trails, trail networks, greenway corridors, and other nonmotorized infrastructure that promote either new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments.

(b) (1) Notwithstanding Section 5073, on or ~~before,~~ before January 1, 2024, the director shall prepare and provide to the Legislature a full update of the plan. The plan shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.

(2) ~~This~~ The requirement to submit a report established pursuant to this subdivision shall become inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.

SEC. 6.SEC. 5.

Section 5073 of the Public Resources Code is amended to read:

5073.

The plan shall be continuously reviewed, revised, and updated by the director. Every three years following completion of the plan pursuant to Section 5072.5, the director shall submit a report to the Legislature describing progress in carrying out the plan and recommending additional routes or other modifications in the system as the director determines are necessary or desirable. A report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 7.Chapter 4.7 (commencing with Section 14417) is added to Division 12 of the Public Resources Code, to read:
4.7.Trails Corps Program
14417.
The Trails Corps Program is hereby created within the corps to provide training, education, certifications, placement services for jobs and careers in nonmotorized infrastructure development and related fields, and skills implementation in the advancements of sustainable trails, trail landscaping, and the designing, and best management practices for the operations and maintenance, of nonmotorized natural surface trails.
SEC. 8.
~~Nothing in this measure is intended to modify or amend Proposition 68, as approved at the June 5, 2018, statewide direct primary election.~~