Bill Text: CA AB2444 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Parks, Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2018.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2444 Detail]
Download: California-2015-AB2444-Amended.html
Bill Title: California Parks, Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2018.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2444 Detail]
Download: California-2015-AB2444-Amended.html
BILL NUMBER: AB 2444 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2016
AMENDED IN ASSEMBLY APRIL 26, 2016
AMENDED IN ASSEMBLY APRIL 13, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Eduardo Garcia
FEBRUARY 19, 2016
An act to add Chapter 14 (commencing with Section 5880) to
Division 5 of the Public Resources Code, relating to a parks, water,
climate, and coastal protection and outdoor access for all program,
by providing the funds necessary therefor through an election for the
issuance and sale of bonds of the State of California and for the
handling and disposition of those funds.
funds, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2444, as amended, Eduardo Garcia. California Parks, Water,
Climate, and Coastal Protection and Outdoor Access For All Act of
2016.
Under existing law, programs have been established pursuant to
bond acts for, among other things, the development and enhancement of
state and local parks and recreational facilities.
This bill would enact the California Parks, Water, Climate, and
Coastal Protection and Outdoor Access For All Act of 2016, which, if
approved by the voters, would authorize the issuance of bonds in the
amount of $2,985,000,000 pursuant to the State General Obligation
Bond Law to finance a parks, water, climate, and coastal protection
and outdoor access for all program.
The bill would provide for the submission of these provisions to
the voters at the November 8, 2016, statewide general election.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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 PARKS, WATER, CLIMATE, AND COASTAL
PROTECTION AND OUTDOOR ACCESS FOR ALL ACT OF 2016
Article 1. General Provisions
5880. (a) The people of California find and declare all of the
following:
(1) From California's beautiful rivers, streams, coastal
shorelines, and other waterways, to our federal, state, local, and
regional parks and outdoor settings, to our vast network of trails
connecting people with natural landscapes, Californians value the
rich diversity of outdoor experiences afforded to this state and its
citizens.
(2) There has not been a "true" park and outdoors bond approved by
the voters of this state since 2002.
(3)
(2) Demand for local parks has exceeded available
funding by a factor of 8 to 1, with particularly high demand in
urban, disadvantaged communities.
(4)
(3) Many Californians across the state lack access to
safe parks, trails, and recreation areas, which limits their ability
to experience the outdoors, improve their physical and emotional
health, exercise, and connect with their communities.
(5)
(4) Investments to create and improve parks and
recreation areas, and to create trail networks that provide access
from neighborhoods to parks and recreational opportunities, will help
ensure all Californians have access to safe places to exercise and
enjoy recreational activities.
(6)
(5) The California Center for Public Health Advocacy
estimates that inactivity and obesity cost California over forty
billion dollars ($40,000,000,000) annually, through increased health
care costs and lost productivity due to obesity-related illnesses,
and that even modest increases in physical activity would result in
significant savings. Investments in infrastructure improvements such
as biking and walking trails and pathways, whether in urban or
natural areas, are cost-effective ways to promote physical activity.
(7)
(6) Continued investments in the state's parks, trails,
and natural resources, and greening urban areas will help
mitigate the effects of climate change, making cities more livable,
and will protect California's natural resources for future
generations.
(8)
(7) California's outdoor recreation economy represents
an eighty-seven-billion-dollar ($87,000,000,000) industry, providing
over 700,000 jobs and billions of dollars in local and state
revenues.
(9)
(8) California's state, local, and regional park system
infrastructure and national park system infrastructure is aging
out and a significant infusion of capital is
required to protect this investment.
(10)
(9) There has been a historic underinvestment in parks,
trails, and outdoor infrastructure in disadvantaged areas and many
communities throughout California.
(11)
(10) Tourism is a growing industry in California and
remains an economic driver for the more rural parts of the state.
(b) It is the intent of the people of California that all of the
following shall occur in the implementation of this chapter:
(1) The investment of public funds pursuant to this chapter will
result in public benefits that address the most critical statewide
needs and priorities for public funding.
(2) In the appropriation and expenditure of funding authorized by
this chapter, priority will be given to projects that leverage
private, federal, or local funding or produce the greatest public
benefit.
(3) The funding authorized by this chapter will support
implementation of the recommendations contained in the Parks Forward
Commission Plan released in February 2015.
(4)
(3) To the extent practicable, a project that receives
moneys pursuant to this chapter will include signage informing the
public that the project received funds from the California Parks,
Water, Climate, and Coastal Protection and Outdoor Access For All Act
of 2016.
(5)
(4) To the extent practicable, when developing program
guidelines for urban recreation projects and habitat protection or
restoration projects, administering entities are encouraged to give
favorable consideration to projects that provide urban recreation and
protect or restore natural resources. Additionally, the entities may
pool funding for these projects.
5880.01. The following definitions govern the construction of
this chapter:
(a) "Committee" means the California Parks, Water, Climate,
Coastal Protection, and Outdoor Access For All Finance Committee
created by Section 5889.02.
(b) "Department" means the Department of Parks and Recreation.
(c) "Disadvantaged community" has the same meaning set forth in
subdivision (g) of Section 75005.
(d) "District" means any regional park district, regional park and
open-space district, or regional open-space district formed pursuant
to Article 3 (commencing with Section 5500) of Chapter 3, any
recreation and park district formed pursuant to Chapter 4 (commencing
with Section 5780), or an authority formed pursuant to Division 26
(commencing with Section 35100). With respect to any community or
unincorporated region that is not included within a district, and in
which no city or county provides parks or recreational areas or
facilities, "district" also means any other entity that is authorized
by statute to operate and manage parks or recreational areas or
facilities, employs a full-time park and recreation director, offers
year-round park and recreation services on land and facilities owned
by the entity, and allocates a substantial portion of its annual
operating budget to parks or recreation areas or facilities.
(e)
(d) "Fund" means the California Parks, Water, Climate,
and Coastal Protection and Outdoor Access For All Fund, created by
Section 5880.08.
(e) "Interpretation" includes, but is not limited to, a
visitor-serving amenity that enhances the ability to understand and
appreciate the significance and value of natural, historical, and
cultural resources and that may utilize educational materials in
multiple languages, digital information, and the expertise of a
naturalist or other skilled specialist.
(f) "Preservation" means rehabilitation, stabilization,
restoration, development, and reconstruction, or any combination of
those activities.
(g) "Protection" means those actions necessary to prevent harm or
damage to persons, property, or natural, cultural, and historic
resources, actions to improve access to public open-space areas, or
actions to allow the continued use and enjoyment of property or
natural, cultural, and historic resources, and includes acquisition,
development, restoration, preservation, and interpretation.
(h) "Restoration" means the improvement of physical structures or
facilities and, in the case of natural systems and landscape
features, includes, but is not limited to, projects for the control
of erosion, the control and elimination of exotic species, removal of
waste and debris, prescribed burning, fuel hazard reduction, fencing
out threats to existing or restored natural resources, road
elimination, and other plant and wildlife habitat improvement to
increase the natural system value of the property. Restoration
projects shall include the planning, monitoring, and reporting
necessary to ensure successful implementation of the project
objectives.
(f)
(i) "Severely disadvantaged community" has the same
meaning set forth in subdivision (g) of Section 75005.
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 10
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.
(b) Funds used for planning projects that benefit disadvantaged
communities may exceed 10 percent of the funds allocated if the state
agency administering the moneys determines that there is a need for
the additional funding.
5880.04. (a) At least 10 percent of the funds available pursuant
to each article of this chapter shall be allocated for projects
serving severely disadvantaged communities.
(b) Except as provided in subdivision (c), up to 10 percent of the
funds available pursuant to each article of this chapter may be
allocated for technical assistance to disadvantaged communities. The
agency administering the moneys shall operate a multidisciplinary
technical assistance program for small disadvantaged communities.
(c) Funds used for providing technical assistance to disadvantaged
communities may exceed 10 percent of the funds allocated if the
state agency administering the moneys determines that there is a need
for the additional funding.
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:
(a) Develop and adopt project solicitation and evaluation
guidelines. The guidelines shall include monitoring and reporting
requirements and may include a limitation on the dollar amount of
grants to be awarded. If the state agency has previously developed
and adopted project solicitation and evaluation guidelines that
comply with the requirements of this subdivision, it may use those
guidelines.
(b) Conduct three public meetings to consider public comments
before finalizing the guidelines. The state agency shall publish the
draft solicitation and evaluation guidelines on its Internet Web site
at least 30 days before the public meetings. One meeting shall be
conducted at a location in northern California, one meeting shall be
conducted at a location in the central valley of California, and one
meeting shall be conducted at a location in southern California.
(c) Submit the guidelines to the Secretary of the Natural
Resources Agency. The Secretary of the Natural Resources Agency shall
verify that the guidelines are consistent with applicable statutes
and for all the purposes enumerated in this chapter. The Secretary of
the Natural Resources Agency shall post an electronic form of the
guidelines submitted by state agencies and the subsequent
verifications on the Natural Resources Agency's Internet Web site.
(d) Upon adoption, transmit copies of the guidelines to the fiscal
committees and the appropriate policy committees of the Legislature.
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.
(b) If an audit, required by statute, of any entity that receives
funding authorized by this chapter is conducted pursuant to state law
and reveals any impropriety, the California State Auditor or the
Controller may conduct a full audit of any or all of the activities
of that entity.
(c) The state agency issuing any grant with funding authorized by
this chapter shall require adequate reporting of the expenditures of
the funding from the grant.
5880.07. A project whose 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.
chapter whenever feasible.
5880.075. 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.
5880.08. (a) The proceeds of bonds issued and sold pursuant to
this chapter shall be deposited in the California Parks, Water,
Climate, and Coastal Protection and Outdoor Access For All Fund,
which is hereby created in the State Treasury.
(b) Proceeds of bonds issued and sold pursuant to this chapter
shall be allocated according to the following schedule:
(1) Nine hundred ninety-five million dollars ($995,000,000) for
purposes of Article 2 (commencing with Section 5881).
(2) Nine hundred ninety-five million dollars ($995,000,000) for
purposes of Article 3 (commencing with Section 5882), Article 4
(commencing with Section 5883), Article 5 (commencing with Section
5884), and Article 6 (commencing with Section 5885).
(3) Nine hundred ninety-five million dollars ($995,000,000) for
purposes of Article 7 (commencing with Section 5886), Article 7.5
(commencing with Section 5887), and Article 8 (commencing with
Section 5888).
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) Pursuant to Section 5880.08, the sum of nine hundred
ninety-five million dollars ($995,000,000) shall be available to the
department, upon appropriation by the Legislature, for the creation
and expansion of safe neighborhood parks in park-poor neighborhoods
in accordance with the Statewide Park Development and Community
Revitalization Act of 2008's competitive grant program described in
Chapter 3.3 (commencing with Section 5640).
(b) When developing or revising criteria or guidelines for the
grant program, the department may consider the population densities
of an applicant in relation to countywide populations, comparative
income levels, and other poverty-related factors that are relative to
regionwide statistics.
Article 3. Investments in Protecting, Enhancing, and Accessing
California's Local and Regional Outdoor Spaces
5882. For purposes of this article, "district" means any regional
park district, regional park and open-space district, or regional
open-space district formed pursuant to Article 3 (commencing with
Section 5500) of Chapter 3, any recreation and park district formed
pursuant to Chapter 4 (commencing with Section 5780), or any
authority formed pursuant to Division 26 (commencing with Section
35100). With respect to any community or unincorporated region that
is not included within a district, and in which no city or county
provides parks or recreational areas or facilities, "district" also
means any other entity that is authorized by statute to operate and
manage parks or recreational areas or facilities, employs a full-time
park and recreation director, offers year-round park and recreation
services on land and facilities owned by the entity, and allocates a
substantial portion of its annual operating budget to parks or
recreation areas or facilities.
5882. 5882.01. (a) Pursuant to
Section 5880.08, the sum of _____ four
hundred fifty million dollars ($_____)
($450,000,000) shall be available to the department, upon
appropriation by the Legislature, for local park rehabilitation and
improvement grants to local governments on a per capita basis. Grant
recipients shall be encouraged to utilize awards to rehabilitate
existing infrastructure and to address deficiencies in neighborhoods
lacking access to the outdoors.
(b) Unless the entity has been identified as a disadvantaged
community, an entity that receives an award pursuant to this section
shall be required to provide a match of 20 percent as a local share.
5882.02. (a) (1) The department shall allocate 60 percent of the
funds available pursuant to subdivision (a) of Section 5882
5882.01 to cities and districts, other than a
regional park district, regional park and open-space district,
open-space authority, or regional open-space district. Each
city's and district's allocation shall be in the same ratio as the
city's or district's population is to the combined total of the state'
s population that is included in incorporated areas
and unincorporated areas within the district,
county, except that each city or district shall
be entitled to a minimum allocation of _____
two hundred fifty thousand dollars ($_____).
($250,000). If the boundary of a city overlaps the
boundary of a district, the population in the overlapping area shall
be attributed to each jurisdiction in proportion to the extent to
which each operates and manages parks and recreational areas and
facilities for that population. If the boundary of a city overlaps
the boundary of a district, and in the area of overlap the city does
not operate and manage parks and recreational areas and facilities,
all grant funds for that area shall be allocated to the district.
(2) On or before April 1, 2018, a city and a district that are
subject to paragraph (1), and whose boundaries overlap, shall
collaboratively develop and submit to the department a specific plan
for allocating the grant funds in accordance with the formula
specified in paragraph (1). If, by that date, the plan has not been
developed and submitted to the department, the director shall
determine the allocation of the grant funds between the affected
jurisdiction.
(b) (1) The department shall allocate 40 percent of the funds
available pursuant to subdivision (a) of Section 5882
5882.01 to counties and regional park districts,
regional park and open-space districts, open-space authorities
formed pursuant to Division 26 (commencing with Section 35100),
and regional open-space districts formed pursuant to Article 3
(commencing with Section 5500) of Chapter 3.
(2) Each county's allocation under paragraph (1) shall be in the
same ratio that the county's population is to the total state
population, except that each county shall be entitled to a minimum
allocation of ____ five hundred thousand
dollars ($____). ($500,000).
(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 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,
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 which 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.
5882.04. (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.
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.
(c) 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.
(d) 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.
5882.06. Pursuant to Section 5880.08, the sum of _____
one hundred twenty million dollars
($_____) ($120,000,000) shall be available to
the department, upon appropriation by the Legislature, for grants to
regional park districts, counties, regional open-space
districts, open-space authorities,
authorities formed pursuant to Division 26 (commencing with Section
35100), and eligible nonprofit organizations on a competitive
grant basis to expand, rehabilitate, or restore parks and park
facilities, including trails, that facilitate new or enhanced use and
enhanced user experiences.
Article 4. Restoring California's Natural, Historic, and
Cultural Legacy
5883. (a) Pursuant to
Section 5880.08, the sum of _____ three
hundred twenty-five million dollars ($_____)
($325,000,000) shall be available to the department, upon
appropriation by the Legislature, for restoration and preservation
of existing state park facilities and units to preserve and increase
public access to those facilities and units and to protect the
natural, cultural, and historic resources of those facilities and
units. units as follows:
(b) Of the amount made available pursuant to this section, not
(a) Not less than 80 percent
shall be available for capital improvements that address the
department's backlog of deferred maintenance.
maintenance or that enhance park access and user experiences.
(c) The amount made available pursuant to subdivision (a), less
the amount made available for capital improvements pursuant to
subdivision (b), shall be allocated as follows:
(1)
(b) The sum of ____ twenty
million dollars ($____) ($20,000,000)
shall be available to the department for
enterprise projects that facilitate new or enhanced park use and user
experiences and increase revenue generation to support operations of
the department.
(2)
(c) The sum of ___ twenty
million dollars ($____) ($20,000,000)
shall be available to the department for
grants to local agencies that operate a unit of the state park
system.
(d) The sum of five million dollars ($5,000,000) shall be
available for the planning, development, and implementation of
climate adaptation projects within units of the state park system.
Priority shall be given to projects that use natural systems and
landscape features.
Article 5. Trails and Waterfront Greenway Investment
5884. (a) Pursuant to Section 5880.08, the sum of _____
fifty million dollars ($_____)
($50,000,000) shall be available to the Natural
Resources Agency, upon appropriation by the Legislature, for
competitive grants to local agencies, state conservancies, federally
recognized Native American tribes, nonfederally recognized California
Native American tribes listed on the California Tribal Consultation
List maintained by the Native American Heritage Commission, and
nonprofit organizations to provide nonmotorized infrastructure
development and enhancements that promote new or alternate access to
parks, waterways, outdoor recreational pursuits, and forested or
other natural environments to encourage health-related commuting and
opportunities for Californians to reconnect with nature.
(b) Of the amount made available pursuant to this section, up to
25 percent may be made available to communities for innovative
transportation programs that provide new and expanded outdoor
experiences to disadvantaged youth.
(c) Alignment, development, and improvement of nonmotorized
infrastructure and trails that lead to safer interconnectivity
between parks, waterways, and natural areas may be encouraged.
(d) The Natural Resources Agency is encouraged, when designing
guidelines, for grants awarded under this article, to utilize
existing program guidelines including, if applicable, guidelines that
have been established for the California Recreational Trails Act
(Article 6 (commencing with Section 5070) of Chapter 1) and the
Active Transportation Program (Chapter 8 (commencing with Section
2380) of Division 3 of the Streets and Highway Code).
Article 6. Rural Recreation, Tourism, and Economic Enrichment
Investment
5885. (a) Pursuant to Section 5880.08, the sum of _____
fifty million dollars ($_____)
($50,000,000) 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,
as defined in subdivision (e) of Section 5621,
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 and low population
densities per square mile, as determined by the department. In
awarding the grants, the department may consider the following
factors:
(1) Whether the project would provide new recreational
opportunities in rural communities that have demonstrated
deficiencies and lack of outdoor infrastructure in support of
economic and health-related goals.
(2) Whether the project proposes to acquire and develop lands to
enhance residential recreation while promoting the quality of tourism
experiences and the economic vitality of the community. These
enhancements may include accessibility for individuals with
disabilities, trails, bikeways, regional or
destination-oriented recreational amenities, and visitor centers.
(3) Whether the project includes collaboration between public and
nonprofit organizations, including, but not limited to, nonprofit
land trusts, to facilitate public access to privately-owned lands for
regional trail development for wildlife viewing, recreation, or
outdoor experiences for youth.
(b) 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.
(c) In addition to entities described in subdivision (a), an
irrigation district exercising powers authorized under Section 22185
of the Water Code is eligible for a grant under this article.
Article 7. California Clean Water, Coastal, and Watershed
Cobenefit Program
5886. (a) Pursuant to Section 5880.08, the sum of _____
two hundred million dollars ($_____)
($200,000,000) shall be available to the Natural
Resources Agency, upon appropriation by the Legislature, for grants
pursuant to the California River Parkway Act of 2004 (Chapter 3.8
(commencing with Section 5750)). Eligible projects
shall include, but are not limited to, projects that protect and
enhance urban creeks.
(b) Unless the entity has been identified as a disadvantaged
community, an entity that receives an award under this article shall
be required to provide a match of 20 percent.
(c) To maximize cooperation and leverage resources, the Natural
Resources Agency may give priority to projects that include
partnerships among federal, state, and local agencies and to projects
proposed by nonprofit organizations, including, but not limited to,
nonprofit land trusts.
(d) Not less than __ 50 percent of
the amount made available pursuant to this section shall be allocated
for project grants to protect and enhance an urban creek, as defined
in subdivision (e) of Section 7048 of the Water Code, and its
tributaries, pursuant to Division 22.8 (commencing with Section
32600), Division 23 (commencing with Section 33000), and Section
79508 of the Water Code. Money allocated pursuant to this subdivision
shall be equally divided between projects in areas described in
Division 22.8 (commencing with Section 32600) and projects in areas
described in Division 23 (commencing with Section 33000).
Article 7.5. State Conservancy Funding
5887. Pursuant to Section 5880.08, the sum of _____
two hundred fifty million dollars
($_____) ($250,000,000) shall be available, upon
appropriation by the Legislature, in accordance with the following
schedule, to fulfill the purposes of the specified entity:
(a) Baldwin Hills Conservancy, _____ five
million dollars ($_____). ($5,000,000).
(b) California Tahoe Conservancy, _____
twenty million dollars ($_____).
($20,000,000).
(c) Coachella Mountains Conservancy, _____
ten million dollars ($_____).
($10,000,000).
(d) Sacramento-San Joaquin Delta Conservancy, _____
fifteen million dollars ($_____).
($15,000,000).
(e) Salton Sea Authority, _____
twenty-five million dollars ($_____).
($25,000,000).
(f) San Diego River Conservancy, _____
fifteen million dollars ($_____).
($15,000,000).
(g) San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy, _____ twenty million
dollars ($_____). ($20,000,000).
(h) San Joaquin River Conservancy, _____
fifteen million dollars ($_____).
($15,000,000).
(i) Santa Monica Mountains Conservancy, _____
twenty million dollars ($_____).
($20,000,000).
(j) Sierra Nevada Conservancy, _____
twenty-five million dollars ($_____).
($25,000,000).
(k) State Coastal Conservancy, _____ eighty
million dollars ($_____).
($80,000,000). Of this amount, not less than 40 percent shall
go toward the San Francisco Bay Area Conservancy Program (Chapter 4.5
(commencing with Section 31160) of Division 21).
5887.02. The Legislature shall strive to consider population
size, land mass, and natural resource significance as factors when
determining the amount of any other funds to be given
made available to an entity described
listed in Section 5887.
5887.03. A receiving entity in Section 5887 shall develop and
adopt a strategic master plan that identifies priorities and specific
criteria for selecting projects for funding. The strategic plan
shall include strategies for providing public access to conserved
lands wherever feasible and be consistent with project goals and
objectives.
Article 8. Climate Preparedness and Habitat Resiliency
5888. Pursuant to Section 5880.08, the sum of _____
five hundred forty-five million dollars
($_____) ($545,000,000) shall be available to
plan, develop, and implement climate adaptation and resiliency
projects that improve a community's ability to adapt to the
unavoidable impacts of climate change. Projects shall improve and
protect coastal and rural economies, agricultural viability, wildlife
corridors, or habitat, develop future recreational opportunities, or
enhance drought tolerance and water retention, in accordance with
the following schedule:
(a) ____ Three hundred million
dollars ($____) ($300,000,000) shall be
available to the Wildlife Conservation Board for grants for any
of the following: the
(1) Projects for the acquisition,
development, rehabilitation, restoration, protection
protection, and expansion of wildlife
corridors, corridors and open space, including
projects to improve connectivity and reduce barriers
between habitat areas, for projects areas.
(2) Projects for the acquisition,
development, rehabilitation, restoration, protection, and expansion
of habitat that promote the recovery of threatened and endangered
species.
(3) Projects to improve climate
adaptation and resilience of natural systems, and for
projects systems.
(4) Projects to protect and
improve existing open-space corridors and trail linkages related to
utility or transportation infrastructure that provide habitat
connectivity and public access or trails.
(b) ___ One hundred million dollars
($____) ($100,000,000) shall be
available for deposit into the California Climate Resilience Account,
established pursuant to Section 31012, for projects that assist
coastal communities, especially including
those reliant on commercial fisheries, with adaptation to
climate change, including projects that address ocean acidification,
sea level rise, or the protection of habitat associated with the
Pacific Flyway.
(c) ____ Twenty-five million dollars
($____) ($25,000,000) shall be
available for projects that improve agricultural and open-space soil
health, to improve carbon soil sequestration, erosion control,
water quality, and water retention, or projects that
replace inefficient groundwater pumps. retention.
(d) ____ Fifty million dollars
($____) ($50,000,000) shall be
available for projects that reduce fire risk, improve forest health,
and provide feedstock for compost, energy, or alternative fuels
facilities. Projects may include, but are not limited to, forest
restoration projects that include hazardous fuel
reduction, post-fire watershed rehabilitation, and forest management
practices that promote forest resilience to wildfire, climate change,
and other disturbances. Unless otherwise specified by the
Legislature, project funds shall be equally administered by the
Department of Forestry and Fire Protection and by the Sierra Nevada
Conservancy.
(e) _____ Thirty million dollars
($_____) ($30,000,000) 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.
(f) Forty million dollars ($40,000,000) shall be available to the
Natural Resources Agency, upon appropriation by the Legislation, to
award funding to projects identified by local agencies,
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 for any of the
following:
(1) Projects that involve the restoration, protection, and
acquisition of natural, cultural, and historic resources within the
state.
(2) Projects that promote carbon sequestration through conversion
of blighted or industrial properties to green spaces within the
coastal zone.
(3) Projects that enhance water and natural resource values or
promote economic activity through improved recreation, tourism, and
natural resource investment in those areas of the state not within
the jurisdiction of a state conservancy.
Article 9. Fiscal Provisions
5889. (a) Bonds in the total amount of two billion nine hundred
eighty-five million dollars ($2,985,000,000), not including the
amount of any refunding bonds issued in accordance with Section
5889.12, may be issued and sold to provide a fund to be used for
carrying out the purposes expressed in this chapter and to reimburse
the General Obligation Bond Expense Revolving Fund pursuant to
Section 16724.5 of the Government Code. The bonds, when sold, 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 section. 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.
5889.01. The bonds authorized by this chapter shall be prepared,
executed, issued, sold, paid, and redeemed as provided in 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),
and all of the provisions of that law apply to the bonds and to this
chapter.
5889.02. (a) Solely for the purpose of authorizing the issuance
and sale, pursuant to 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), of the bonds authorized by this chapter, the
California Parks, Water, Climate, and Coastal Protection and Outdoor
Access For All Finance Committee is hereby created. For purposes of
this chapter, the California Parks, Water, Climate, and Coastal
Protection and Outdoor Access For All 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 provision of
law, any member may designate a representative to act as that member
in his or her place for all purposes, as though the member were
personally present.
(c) The Treasurer shall serve as the chair of the committee.
(d) A majority of the committee may act for the committee.
5889.03. The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized by this chapter in
order to carry out the actions specified in this chapter 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.
5889.04. 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.
5889.05. 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.
5889.06. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State
Treasury, for the purposes of this chapter, an amount that will equal
the total of the following:
(a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this chapter, as the
principal and interest become due and payable.
(b) The sum that is necessary to carry out the provisions of
Section 5889.09, appropriated without regard to fiscal years.
5889.07. The board may request the Pooled Money Investment Board
to make a loan from the Pooled Money Investment Account in accordance
with Section 16312 of the Government Code for the purpose of
carrying out this chapter less any amount withdrawn pursuant to
Section 5889.09. 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 chapter.
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 chapter.
5889.08. Notwithstanding any other provision of this chapter, 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.
5889.09. For the purposes of carrying out this chapter, 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 the
purpose of carrying out this chapter less any amount borrowed
pursuant to Section 5889.09. Any amounts withdrawn shall be deposited
in the fund. 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 the purpose of carrying out this
chapter.
5889.10. All moneys deposited in the fund that are derived from
premium and accrued interest on bonds sold pursuant to this chapter
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 prior to any transfer to the General
Fund.
5889.11. Pursuant to Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code, the cost of
bond issuance shall be paid 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
shared proportionately by each program funded through this chapter by
the applicable bond sale.
5889.12. The bonds issued and sold pursuant to this chapter 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 chapter shall include approval of the issuance of
any bonds issued to refund any bonds originally issued under this
chapter or any previously issued refunding bonds.
5889.13. The proceeds from the sale of bonds authorized by this
chapter 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. (a) Notwithstanding the requirements of Sections 9040,
9043, 9044, 9061, and 9082 of the Elections Code, or any other law,
the Secretary of State shall submit this act to the voters at the
November 8, 2016, statewide general election.
(b) The Secretary of State shall include in the ballot pamphlets
mailed pursuant to Section 9094 of the Elections Code the information
specified in Section 9084 of the Elections Code regarding the bond
act contained in this act. If that inclusion is not possible, the
Secretary of State shall publish a supplemental ballot pamphlet
regarding this act to be mailed with the ballot pamphlet. If the
supplemental ballot pamphlet cannot be mailed with the ballot
pamphlet, the supplemental ballot pamphlet shall be mailed
separately.
(c) Notwithstanding Section 9054 of the Elections Code or any
other law, the translations of the ballot title and the condensed
statement of the ballot title required pursuant to Section 9054 of
the Elections Code may be made available for public examination at a
later date than the start of the public examination period for the
ballot pamphlet, provided that the translations of the ballot title
and the condensed statement of the ballot title must remain available
for public examination for eight days.
(d) Notwithstanding Section 13282 of the Elections Code or any
other law, the public shall be permitted to examine the condensed
statement of the ballot title for not more than eight days. Any voter
may seek a writ of mandate for the purpose of requiring the
condensed statement of the ballot title, or portion thereof, to be
amended or deleted only within that eight-day period.
SEC. 3. This act shall take effect upon approval by the voters of
the California Parks, Water, Climate, and Coastal Protection and
Outdoor Access For All Act, as set forth in Section 1 of this act.
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to fund a California parks, water, climate, and coastal
protection and outdoor access for all program at the earliest
possible date, it is necessary that this act take effect immediately.
