BILL NUMBER: AB 2444 AMENDED
BILL TEXT
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.
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
an unspecified 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.
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) Demand for local parks has exceeded available funding by a
factor of 8 to 1, with particularly high demand in urban,
disadvantaged communities.
(4) 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) 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) 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) Continued investments in the state's parks, trails, and
natural resources, and greening urban areas will mitigate the effects
of climate change, making cities more livable, and will protect
California's natural resources for future generations.
(8) 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) 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) There has been a historic underinvestment in parks, trails,
and outdoor infrastructure in disadvantaged areas and many
communities throughout California.
(11) 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) 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) 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) "Fund" means the California Parks, Water, Climate, and Coastal
Protection and Outdoor Access For All Fund, created by Section
5880.08.
(f) "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.
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 ($995,000,000) for
purposes of Article 7 (commencing with Section 5886), Article 7.5
(commencing with Section 5887), and Article 8 (commencing with
Section 5888).
5880.09. The Legislature may enact legislation necessary to
implement programs funded by this chapter.
Article 2. Investments in Environmental and Social Equity,
Enhancing California's Disadvantaged Communities
5881. (a) The Pursuant to Section
5880.08, the sum of _____ nine hundred
ninety-five million dollars ($_____)
($995,000,000) shall be available to the department, upon
appropriation by the Legislature, for the creation and expansion of
safe neighborhood parks in park-poor neighborhoods in accordance with
the Statewide Park Development and Community Revitalization Act of
2008's competitive grant program described in Chapter 3.3 (commencing
with Section 5640).
(b) When developing or revising criteria or guidelines for the
grant program, the department may consider the population densities
of an applicant in relation to countywide populations, comparative
income levels, and other poverty-related factors that are relative to
regionwide statistics.
Article 3. Investments in Protecting, Enhancing, and Accessing
California's Local and Regional Outdoor Spaces
5882. (a) The Pursuant to Section
5880.08, the sum of _____ dollars ($_____) 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 to cities
and districts, other than a regional park district, regional park
and open-space district, 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, except that each city or district shall be
entitled to a minimum allocation of _____ dollars ($_____). If the
boundary of a city overlaps the boundary of a district, the
population in the overlapping area shall be attributed to each
jurisdiction in proportion to the extent to which each operates and
manages parks and recreational areas and facilities for that
population. If the boundary of a city overlaps the boundary of a
district, and in the area of overlap the city does not operate and
manage parks and recreational areas and facilities, all grant funds
for that area shall be allocated to the district.
(2) On or before April 1, 2018, a city and a district that are
subject to paragraph (1), and whose boundaries overlap, shall
collaboratively develop and submit to the department a specific plan
for allocating the grant funds in accordance with the formula
specified in paragraph (1). If, by that date, the plan has not been
developed and submitted to the department, the director shall
determine the allocation of the grant funds between the affected
jurisdiction.
(b) (1) The department shall allocate 40 percent of the funds
available pursuant to subdivision (a) of Section 5882 to counties and
regional park districts, regional park and open-space districts, and
regional open-space districts formed pursuant to Article 3
(commencing with Section 5500) of Chapter 3.
(2) Each county's allocation under paragraph (1) shall be in the
same ratio that the county's population is to the total state
population, except that each county shall be entitled to a minimum
allocation of ____ dollars ($____).
(3) In any county that embraces all or part of the territory of a
regional park district, regional park and open-space district, 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 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, 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. 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. The Pursuant to Section 5880.08,
the sum of _____ dollars ($_____) shall be available to the
department, upon appropriation by the Legislature, for grants to
regional park districts, counties, open-space districts, open-space
authorities, and eligible nonprofit organizations on a competitive
grant basis to expand, rehabilitate, or restore parks and park
facilities, including trails, that facilitate new or enhanced use and
enhanced user experiences.
Article 4. Restoring California's Natural, Historic, and
Cultural Legacy
5883. (a) The Pursuant to Section
5880.08, the sum of _____ dollars ($_____) 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.
(b) Of the amount made available pursuant to this section, not
less than 80 percent shall be available for capital improvements that
address the department's backlog of deferred maintenance.
(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) The sum of ____ dollars ($____) shall be available to the
department for enterprise projects that facilitate new or enhanced
park use and user experiences and increase revenue generation to
support operations of the department.
(2) The sum of ___ dollars ($____) shall be available to the
department for grants to local agencies that operate a unit of the
state park system.
Article 5. Trails and Waterfront Greenway Investment
5884. (a) The Pursuant to Section 5880.08,
the sum of _____ dollars ($_____) shall be available to the
Natural Resources Agency, upon appropriation by the Legislature, for
competitive grants to local agencies, state conservancies, federally
recognized Native American tribes, nonfederally recognized California
Native American tribes listed on the California Tribal Consultation
List maintained by the Native American Heritage Commission, and
nonprofit organizations to provide nonmotorized infrastructure
development and enhancements that promote new or alternate access to
parks, waterways, outdoor recreational pursuits, and forested or
other natural environments to encourage health-related commuting and
opportunities for Californians to reconnect with nature.
(b) Of the amount made available pursuant to this section, up to
25 percent may be made available to communities for innovative
transportation programs that provide new and expanded outdoor
experiences to disadvantaged youth.
(c) Alignment, development, and improvement of nonmotorized
infrastructure and trails that lead to safer interconnectivity
between parks, waterways, and natural areas may be encouraged.
(d) The Natural Resources Agency is encouraged, when designing
guidelines, for grants awarded under this article, to utilize
existing program guidelines including, if applicable, guidelines that
have been established for the California Recreational Trails Act
(Article 6 (commencing with Section 5070) of Chapter 1) and the
Active Transportation Program (Chapter 8 (commencing with Section
2380) of Division 3 of the Streets and Highway Code).
Article 6. Rural Recreation, Tourism, and Economic Enrichment
Investment
5885. (a) The Pursuant to Section
5880.08, the sum of _____ dollars ($_____) 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)). 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 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.
Article 7. California Clean Water, Coastal, and Watershed
Cobenefit Program
5886. (a) The Pursuant to Section
5880.08, the sum of _____ dollars ($_____) shall be available
to the Natural Resources Agency, upon appropriation by the
Legislature, for grants pursuant to the California River Parkway Act
of 2004 (Chapter 3.8 (commencing with Section 5750)).
(b) Unless the entity has been identified as a disadvantaged
community, an entity that receives an award under this article shall
be required to provide a match of 20 percent.
(c) To maximize cooperation and leverage resources, the Natural
Resources Agency may give priority to projects that include
partnerships among federal, state, and local agencies and to projects
proposed by nonprofit organizations, including, but not limited to,
nonprofit land trusts.
(d) Not less than __ percent of the amount made available pursuant
to this section shall be allocated for project grants to protect and
enhance an urban creek, as defined in subdivision (e) of Section
7048 of the Water Code, and its tributaries, pursuant to Division
22.8 (commencing with Section 32600), Division 23 (commencing with
Section 33000), and Section 79508 of the Water Code. Money
allocated pursuant to this subdivision shall be equally divided
between projects in areas described in Division 22.8
(commencing with Section 32600) and projects in areas described in
Division 23 (commencing with Section 33000).
Article 7.5. State Conservancy Funding
5887. The Pursuant to Section 5880.08,
the sum of _____ dollars ($_____) 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, _____ dollars ($_____).
(b) California Tahoe Conservancy, _____ dollars ($_____).
(c) Coachella Mountains Conservancy, _____ dollars ($_____).
(d) Sacramento-San Joaquin Delta Conservancy, _____ dollars
($_____).
(e) Salton Sea Authority, _____ dollars ($_____).
(f) San Diego River Conservancy, _____ dollars ($_____).
(g) San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy, _____ dollars ($_____).
(h) San Joaquin River Conservancy, _____ dollars ($_____).
(i) Santa Monica Mountains Conservancy, _____ dollars ($_____).
(j) Sierra Nevada Conservancy, _____ dollars ($_____).
(k) State Coastal Conservancy, _____ dollars ($_____). Of this
amount, not less than 40 percent shall go toward the San Francisco
Bay Area Conservancy Program (Chapter 4.5 (commencing with Section
31160) of Division 21).
5887.02. The Legislature shall strive to consider population
size, land mass, and natural resource significance as factors when
determining the amount of any other funds to be given to an entity
described in Section 5887.
Article 8. Climate Preparedness and Habitat Resiliency
5888. The Pursuant to Section 5880.08,
the sum of _____ dollars ($_____) 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) ____ dollars ($____) shall be available to the Wildlife
Conservation Board for grants for the protection and expansion of
wildlife corridors, including projects to improve connectivity
between habitat areas, for projects to improve climate adaptation and
resilience of natural systems, and for projects to protect and
improve existing open-space corridors and trail linkages related to
utility or transportation infrastructure that provide habitat
connectivity and public access or trails.
(b) ___ dollars ($____) shall be available for deposit into the
California Climate Resilience Account, established pursuant to
Section 31012, for projects that assist coastal communities,
especially 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) ____ dollars ($____) shall be available for projects that
improve agricultural and open-space soil health, to improve carbon
soil sequestration, water quality, and water retention, or projects
that replace inefficient groundwater pumps.
(d) ____ dollars ($____) shall be available for projects that
reduce fire risk, improve forest health, and provide feedstock for
compost, energy, or alternative fuels facilities.
(e) _____ dollars ($_____) shall be available to the California
Conservation Corps for projects to rehabilitate or improve parks and
restore watersheds, including regional and community fuel load
reduction projects on public lands, and stream and river restoration
projects. Not less than 50 percent of these funds shall be in the
form of grants to certified local community conservation corps, as
defined in Section 14507.5.
Article 9. Fiscal Provisions
5889. (a) Bonds in the total amount of _____
two billion nine hundred eighty-five million dollars
($_____), ($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.