Bill Text: CA AB18 | 2017-2018 | Regular Session | Amended
Bill Title: Healing arts: Licensed Physicians and Dentists from Mexico Pilot Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-08-16 - In committee: Held under submission. [AB18 Detail]
Download: California-2017-AB18-Amended.html
Amended
IN
Senate
August 30, 2017 |
Amended
IN
Assembly
February 23, 2017 |
Assembly Bill | No. 18 |
Introduced by Assembly Members Eduardo Garcia, Chiu, Chu, Eggman, Gonzalez Fletcher, Kalra, Levine, Limón, McCarty, and Thurmond |
December 05, 2016 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 14 (commencing with Section 5880) is added to Division 5 of the Public Resources Code, to read:CHAPTER 14. California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Act of 2018
Article 1. General Provisions
5880.
(a) The people of California find and declare all of the following:5880.01.
The following definitions govern the construction of this chapter:5880.02.
An amount that equals not more than 5 percent of the funds allocated for a grant program pursuant to this chapter may be used to pay the administrative costs of that program.5880.03.
(a) Except as provided in subdivision (b), up to 12.5 percent of funds allocated for each program funded by this chapter may be expended for planning and monitoring necessary for the successful design, selection, and implementation of the projects authorized under that program. This section shall not otherwise restrict funds ordinarily used by an agency for “preliminary plans,” “working drawings,” and “construction” as defined in the annual Budget Act for a capital outlay project or grant project. Planning may include feasibility studies for environmental site cleanup that would further the purpose of a project that is eligible for funding under this chapter.5880.04.
(a) (1) Except as provided in paragraph (2), at least 20 percent of the funds available pursuant to each article of this chapter shall be allocated for projects serving severely disadvantaged communities.(c)
5880.05.
Before disbursing grants pursuant to this chapter, each state agency that receives funding to administer a competitive grant program under this chapter shall do the following:5880.06.
(a) The Department of Finance shall provide for an independent audit of expenditures pursuant to this chapter. The Secretary of the Natural Resources Agency shall publish a list of all program and project expenditures pursuant to this chapter not less than annually, in written form, and shall post an electronic form of the list on the agency’s Internet Web site in a downloadable spreadsheet format. The spreadsheet shall be based on information submitted by the administering entity of each grant program to the Natural Resources Agency and shall include information about the location and footprint of each funded project, the project’s objectives, the status of the project, anticipated outcomes, any matching moneys provided for the project by the grant recipient, and the applicable article of this chapter pursuant to which the grant recipient received moneys.5880.065.
If any moneys allocated pursuant to this chapter are not encumbered or expended by the recipient entity within the time period specified by the administering agency, the unexpended moneys shall revert to the administering entity for allocation consistent with the applicable article.5880.07.
To the extent feasible, a project whose application includes the use of services of the California Conservation Corps, certified community conservation corps, as defined in Section 14507.5, or other nonprofit entities that provide job training and education opportunities for veterans, foster care recipients, farmworkers, or local youth in conservation or restoration projects shall be given preference for receipt of a grant under this chapter.5880.075.
To the extent feasible, a project that includes water efficiencies, stormwater capture, or carbon sequestration features in the project design may be given priority for grant funding under this chapter.5880.076.
Moneys allocated pursuant to this chapter shall not be used to fulfill any mitigation requirements imposed by law.5880.077.
(a) To the extent feasible in implementing this chapter and except as provided in subdivision (b), a state agency receiving funding under this chapter shall seek to achieve wildlife conservation objectives through projects on public lands or voluntary projects on private lands. Funds may be used for payments for the creation of measurable habitat improvements or other improvements to the condition of endangered or threatened species, including through the development and implementation of habitat credit exchanges.5880.078.
5880.080.
A state conservancy receiving funding pursuant to this article shall endeavor to allocate funds that are complementary, but not duplicative, of authorized expenditures made pursuant to Chapter 188 of the Statutes of 2014.5880.082.
Funding pursuant to this chapter may be used for grants and loans to nonprofit organizations to repay financing described in Section 22064 of the Financial Code for projects that are consistent with the purposes of this chapter.5880.084.
For grants awarded for projects that serve a disadvantaged community, the administering entity shall provide advanced payments in the amount of 25 percent of the grant award to the recipient to initiate the project in a timely manner. The administering entity may adopt additional requirements for the recipient of the grant regarding the use of the advanced payments to ensure that the moneys are used properly.5880.085.
The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Fund, which is hereby created in the State Treasury.5880.09.
The Legislature may enact legislation necessary to implement programs funded by this chapter.Article 2. Investments in Environmental and Social Equity, Enhancing California’s Disadvantaged Communities
5881.
(a) The sum of nine hundred million dollars ($900,000,000) shall be available to the department, upon appropriation by the Legislature, for the creation and expansion of safe neighborhood parks in park-poor neighborhoods in accordance with the Statewide Park Development and Community Revitalization Act of 2008 competitive grant program described in Chapter 3.3 (commencing with Section 5640).5881.01.
Of the amount available pursuant to subdivision (a) of Section 5881, not less than 20 percent shall be available for the rehabilitation, repurposing, or substantial improvement of existing park infrastructure in communities of the state that will lead to increased use and enhanced user experiences.5881.02.
Of the amount available pursuant to subdivision (a) of Section 5881, to correct historic underinvestments in the central valley, Inland Empire, gateway, and desert communities, the sum of forty million dollars ($40,000,000) shall be available for local park improvement grants to the communities within those areas identified by the department as park deficientArticle 3. Investments in Protecting, Enhancing, and Accessing California’s Local and Regional Outdoor Spaces
Article 3.
5882.
5882.01.
(a)(b)
Unless the entity has been identified as a disadvantaged community, an entity that receives an award pursuant to this section shall be required to provide a match of 20 percent as a local share.
(a)(1)The department shall allocate 60 percent of the funds available pursuant to subdivision (a) of Section 5882.01 to cities and districts, other than a regional park district, regional park and open-space district, open-space authority, or regional open-space district. Each city’s and district’s allocation shall be in the same ratio as the city’s or district’s population is to the combined total of the state’s population that is included in incorporated and unincorporated areas within the county, except that each city or district shall be entitled to a minimum allocation of two hundred thousand dollars ($200,000). If the boundary of a city overlaps the boundary of a district, the population in the overlapping area shall be attributed to each jurisdiction in proportion to the
extent to which each operates and manages parks and recreational areas and facilities for that population. If the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds for that area shall be allocated to the district.
(2)On or before April 1, 2020, a city and a district that are subject to paragraph (1), and whose boundaries overlap, shall collaboratively develop and submit to the department a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1). If, by that date, the plan has not been developed and submitted to the department, the director shall determine the allocation of the grant funds between the affected jurisdictions.
(b)(1)The department shall allocate 40 percent of the
funds available pursuant to subdivision (a) of Section 5882.01 to counties and regional park districts, regional park and open-space districts, open-space authorities formed pursuant to Division 26 (commencing with Section 35100), and regional open-space districts formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3.
(2)Each county’s allocation under paragraph (1) shall be in the same ratio that the county’s population is to the total state population, except that each county shall be entitled to a minimum allocation of four hundred thousand dollars ($400,000).
(3)In any county that embraces all or part of the territory of a regional park district, regional park and open-space district, open-space authority, or regional open-space district, and whose board of directors is not the county board of supervisors, the amount allocated to the county shall be
apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district.
(c)For the purpose of making the calculations required by this section, population shall be determined by the department, in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other verifiable population data that the department may require to be furnished by the applicant city, county, or district.
(d)The Legislature intends all recipients of funds pursuant to subdivision (a) of Section 5882.01 to use those funds to supplement local revenues in existence on the effective date of the act adding this chapter. To receive an allocation pursuant to subdivision (a) of Section 5882.01, the recipient shall not
reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this chapter in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but that is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. For purposes of this subdivision, the Controller may request fiscal data from recipients for the preceding three fiscal years. Each recipient shall furnish the data to the Controller no later than 120 days after receiving the request from the Controller.
(a)The director of the department shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to subdivision (a) of Section 5882.01. The application shall be accompanied by certification that the project is consistent with the park and recreation element of the applicable city or county general plan or the district park recreation plan, as the case may be.
(b)To utilize available grant funds as effectively as possible, overlapping and adjoining jurisdictions and applicants with similar objectives are encouraged to combine projects and submit a joint application. A recipient may allocate all or a portion of its per capita share for a regional or state
project.
5882.06.
(a)5882.08.
(a)The director of the department shall annually forward a statement of the total amount to be appropriated each fiscal year for projects approved for grants pursuant to this article to the Director of Finance for inclusion in the annual Budget Act. A list of eligible jurisdictions and the amount of grant funds to be allocated to each jurisdiction shall also be made available by the department.
(b)Funds appropriated pursuant to this article shall be encumbered by the recipient within three years from the date the appropriation is effective. Regardless of the date of encumbrance of the granted funds, the recipient is expected to complete all funded projects within eight years of the effective date of the
appropriation.
Article 4. Restoring California’s Natural, Historic, and Cultural Legacy
5883.
(a) The sum of three hundred thirty million dollars ($330,000,000) shall be available to the department, upon appropriation by the Legislature, in accordance with this article, for restoration and preservation of existing state park facilities and units, to promote greater access to those units through the provision of low-cost overnight accommodations in ways that enhance access and recreational opportunities for disadvantaged communities, to preserve and increase public access to those facilities and units, and to protect the natural, cultural, and historic resources of those facilities and units. Not less than 80 percent of these funds shall be available for capital improvements that address the department’s backlog of deferred maintenance or that enhance park access and user experiences.(b)Of the amount available pursuant to subdivision (a), the sum of fifteen million dollars ($15,000,000) shall be available for enterprise projects that facilitate new or enhanced park use and user experiences and increase revenue generation to support operations of the department.
(c)Of the amount available pursuant to subdivision (a), the sum of fifteen million dollars ($15,000,000) shall be available to the department for grants to local agencies that operate a unit of the state park system to address an urgent need for the restoration of aging infrastructure that, without restoration, would compromise the continued operation of the unit. Unless a local agency has been identified as a disadvantaged community, a local agency that receives a grant pursuant to this subdivision shall be required to provide a match of not less than 25 percent.
The department, in expending the funding available under this article, shall endeavor, where practical, to partner with cities, counties, nonprofit organizations, and nongovernmental organizations to maximize leveraging opportunities to enhance tourism, visitation, and visitor experiences.
5883.02.
Of the funds available pursuant to Section 5883, fifteen million dollars ($15,000,000) shall be available for enterprise projects that facilitate new or enhanced park use and user experiences and increase revenue generation to support operations of the department.5883.04.
Of the funds available pursuant to Section 5883, fifteen million dollars ($15,000,000) shall be available to the department for grants to local agencies that operate a unit of the state park system to address an urgent need for the restoration of aging infrastructure that, without restoration, would compromise the continued operation of the unit. Unless a local agency has been identified as a disadvantaged community, a local agency that receives a grant pursuant to this section shall be required to provide a match of not less than 25 percent.5883.06.
Of the funds available pursuant to Section 5883, ten million dollars ($10,000,000) shall be available for projects in units of the state park system that are managed by nonprofit organizations that have entered into operating agreements with the department. Of this amount, not less than thirty-three percent shall be available to nonprofit organizations that operate a unit in the Inland Empire State Park Program.5883.08.
Of the funds available pursuant to Section 5883, seventy million dollars ($70,000,000) shall be available to the department according to the following schedule to address major infrastructure rehabilitation, to improve tourism and visitor experiences, and to promote the health and safety of units within the state park system:Article 5. Trails and Greenway Investment
5884.
(a) The sum of forty-five million dollars ($45,000,000) shall be available to the Natural Resources Agency, working in cooperation with the department, upon appropriation by the Legislature, for competitive 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, and nonprofit organizations to provide nonmotorized infrastructure development and enhancements that promote new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments to encourage health-related commuting and opportunities for Californians to reconnect with nature.Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article shall be required to provide a match of 20 percent.
5884.02.
Of the amount authorized under Section 5884, not less than three million dollars ($3,000,000) shall be available to heavily urbanized cities for projects utilizing abandoned rail corridors.Article 6. Rural Recreation, Tourism, and Economic Enrichment Investment
5885.
(a) The sum of forty million dollars ($40,000,000) shall be available to the department, upon appropriation by the Legislature, to administer a competitive grant program for cities, counties, and districts in nonurbanized areas, that are eligible for a grant under the Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620)). Notwithstanding subdivisions (c) and (e) of Section 5621 and for the purposes of this section, the definition of “nonurbanized area” shall be updated by the department to reflect current population levels. A nonurbanized area shall include counties with populations of less than 500,000 people. In awarding the grants, the department may consider the following factors:Article 7. California River Recreation, Creek, Stormwater, and Waterway Improvement Program
5886.
(a) The sum of five hundred ten million dollars ($510,000,000) shall be available in accordance with this article.(a)The sum of
5886.01.
(a) Of the amount authorized under Section 5886, seventy million dollars ($70,000,000) shall be available to the Natural Resources Agency, upon appropriation by the Legislature, for grants pursuant to the California River Parkways Act of 2004 (Chapter 3.8 (commencing with Section 5750)). Eligible projects shall include, but are not limited to, projects that protect and enhance urban creeks.The sum of ninety million dollars ($90,000,000)
5886.02.
Of the amount authorized under Section 5886, one hundred million dollars ($100,000,000) shall be available to the Natural Resources Agency, upon appropriation by the Legislature, for project grants for the protection and enhancement of an urban creek, as defined in subdivision (e) of Section 7048 of the Water Code, and its tributaries, pursuant to Division 22.8 (commencing with Section 32600) and Division 23 (commencing with Section 33000) of this code and Section 79508 of the Water Code. Money available pursuant to this section shall be equally divided between projects in areas described in Division 22.8 (commencing with Section 32600) and projects in areas described in Division 23 (commencing with Section 33000). Projects serving disadvantaged communities shall have priority for funding under this section.5886.03.
5886.04.
5886.05.
(a)To the maximum extent feasible, the Natural Resources Agency and the department are encouraged, when developing guidelines for grants awarded under this article, to utilize existing programs where communities enter into partnerships with state agencies for multibenefit projects to enhance and restore waterways, including, but not limited to, the Riverine Stewardship Technical Assistance program.
Article 7.5. State Conservancy Funding
5887.
The sum of5887.01.
The Legislature shall strive to consider population size, land mass, and natural resource significance as factors when determining the amount of any other funds to be made available to an entity listed in Section 5887.5887.02.
A receiving entity in Section 5887 shall develop and adopt a strategic master plan that identifies priorities and specific criteria for selecting projects for funding. The strategic plan shall include strategies for providing public access to conserved lands wherever feasible and be consistent with project goals and objectives.5887.03.
Conservancies, in expending the funding available under this article, shall endeavor, where practical, to partner with cities, counties, nonprofit organizations, and nongovernmental organizations to acquire open space and create urban greenway corridors.Article 8. Ocean, Bay, and Coastal Protection
5888.
The sum of two hundred eighty million dollars ($280,000,000) shall be available in accordance with this article.The sum of
5888.02.
Of the amount authorized under Section 5888, one hundred eighty million dollars ($180,000,000) shall be available, upon appropriation by the Legislature, to fund projects that enhance and protect coastal and ocean resources in the state as follows:In implementing Section 5888, the administering entity may give special consideration to the acquisition of lands that are in deferred certification areas of county local coastal plans.
5888.03.
Article 9. Climate Preparedness, Habitat Resiliency, Resource Enhancement, and Innovation
5889.
(a) The sum of six hundred thirty-five million dollars(a)(1) Four hundred million dollars ($400,000,000) shall be available to the Wildlife Conservation Board for grants for any of the following:
(A)Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space, including projects to improve connectivity and reduce barriers between habitat areas. In awarding grants pursuant to this subparagraph, priority may be given to projects that protect state-designated wildlife corridors and wildlife corridors threatened by urban development.
(B)Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that promote the recovery of threatened and endangered species.
(C)Projects to improve climate adaptation and resilience of natural systems.
(D)Projects to protect and improve existing open-space corridors and trail linkages related to utility or transportation infrastructure that
provide habitat connectivity and public access or trails.
(E)Projects to 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, and restoration and protection of upper watershed forests and meadow systems that are important for fish and wildlife resources and projects that are consistent with the purposes of subdivision (f) of Section 79738 of the Water Code. Priority shall be given to projects supported by multistakeholder public or private partnerships, or both, using a science-based approach and measurable objectives to guide identification, design, and implementation of regional actions to benefit salmon and steelhead.
(F)In implementing this subdivision, the Wildlife Conservation Board may provide matching grants for incentives to landowners for conservation actions on private lands or use of voluntary habitat credit exchange mechanisms. The matching grant shall not exceed 50 percent of the total cost of the incentive program.
(2)Applications submitted pursuant to this subdivision that promote projects seeking to preserve the working character of lands, including uninterrupted agricultural and rangeland practices, through conservation easements, may be given additional consideration.
(3)Of the amount subject to this subdivision, fifty-five million dollars ($55,000,000) shall be available for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that furthers the implementation of 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 help resolve resource conflicts by balancing communitywide conservation, planning, and economic activities. Funding pursuant to this paragraph shall not be used to offset mitigation obligations otherwise required.
(4)Of the amount subject to this subdivision, five million dollars ($5,000,000) shall be administered through the Department of Fish and Wildlife for competitive grants to wildlife rehabilitation facilities operated by nongovernmental entities.
(5)Of the amount subject to this subdivision, not less than forty million dollars ($40,000,000)
shall be available for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space to improve connectivity and reduce barriers between habitat areas and to protect and restore habitat associated with the Pacific Flyway. In awarding grants pursuant to this paragraph, priority may be given to projects that protect state-designated wildlife corridors. Of the amount described in this paragraph, five million dollars ($5,000,000) shall be available for the California Waterfowl Habitat Program.
(6)The Wildlife Conservation Board shall develop or update a strategic master plan that identifies priorities and specific criteria for selecting projects pursuant to paragraph (1).
(7)Activities funded pursuant to this subdivision shall be consistent with the state’s climate adaptation strategy, as provided by Section 71153, and the
statewide objectives provided in Section 71154.
(b)The sum of thirty million dollars ($30,000,000) shall be available for deposit into the California Climate Resilience Account, established pursuant to Section 31012, for projects that assist coastal communities, including those reliant on commercial fisheries, with adaptation to climate change, including projects that address ocean acidification, sea level rise, or the protection of habitat associated with the Pacific Flyway.
(c)The sum of fifty million dollars ($50,000,000) shall be available for projects that reduce fire risk, improve forest health, and provide feedstock for compost, energy, or alternative fuels facilities. Projects may include, but are not limited to, forest restoration projects that include hazardous fuel reduction, postfire watershed rehabilitation, and forest management practices that promote forest
resilience to wildfire, climate change, and other disturbances. Unless otherwise specified by the Legislature, project funds shall be equally administered by the Department of Forestry and Fire Protection and by the Sierra Nevada Conservancy.
(d)The sum of thirty-five million dollars ($35,000,000) shall be available to the California Conservation Corps for projects to rehabilitate or improve parks and restore watersheds, including regional and community fuel load reduction projects on public lands, and stream and river restoration projects. Not less than 50 percent of these funds shall be in the form of grants to certified local community conservation corps, as defined in Section 14507.5, including local community conservation corps that have secured certification within the last three to five years prior to the grant application date.
(e)The sum of ten million dollars
($10,000,000) shall be available for projects that improve agricultural and open-space soil health, to improve carbon soil sequestration, erosion control, water quality, and water retention, which may in part be allocated to the Department of Conservation for watershed restoration and conservation projects on agricultural lands pursuant to Section 9084.
(f)(1)The sum of seventy-five million dollars ($75,000,000) shall be available to the Natural Resources Agency to award funding to projects identified by local agencies, nonprofit organizations, nongovernmental land conservation organizations, federally recognized Native American tribes, or nonfederally recognized California Native American tribes listed on the California Tribal Consultation list maintained by the Native American Heritage Commission, as follows:
(A)Projects that involve the restoration,
protection, and acquisition of Native American, natural, cultural, and historic resources within the state.
(B)Projects that convert and repurpose properties or parts of properties formerly operating as fossil fuel powerplants on the effective date of this chapter to create permanently protected open space, tourism, and park opportunities through fee title or conservation easements.
(C)Projects that enhance park, water, and natural resource values through improved recreation, tourism, and natural resource investments in those areas of the state not within the jurisdiction of a state conservancy or areas served by public-private landscape level collaboratives.
(D)Projects that enhance visitor experiences through development, expansion, and improvement of science centers operated by foundations or other nonprofit organizations in heavily urbanized counties.
(2)Before a grant is awarded pursuant to this subdivision, a project applicant shall demonstrate availability to the applicant of a minimum 20-percent match from other funds. Project applicants shall be encouraged to leverage all available local, federal, and nongovernmental sources to maximize funding distribution.
In implementing Section 5889, the administering entity may give special consideration to the acquisition of lands that are in deferred certification areas of county local coastal plans.