BILL NUMBER: AB 2444 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN ASSEMBLY JUNE 23, 2016
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
(Principal coauthors: Assembly Members Alejo and Levine)
(Coauthors: Assembly Members Eggman, Gonzalez, and McCarty)
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, 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 an
unspecified amount of $2,000,000,000
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) Demand for local parks has exceeded available funding by a
factor of 8 to 1, with particularly high demand in urban,
disadvantaged communities.
(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.
(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.
(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.
(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.
(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.
(8) California's state, local, and regional park system
infrastructure and national park system infrastructure is aging and a
significant infusion of capital is required to protect this
investment.
(9) There has been a historic underinvestment in parks, trails,
and outdoor infrastructure in disadvantaged areas and many
communities throughout California.
(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) 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.
(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) "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.
(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 20 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 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. 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.
(b) This section shall not apply to Article 2 (commencing with
Section 5881).
5880.08. 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.
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 ninety-five million
dollars ($995,000,000) ____ dol lars ($____)
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, including, but not limited to, a district
operating multiple-use park lands pursuant to Division 20 (commencing
with Section 71660) of the Water Code, 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.
5882.01. (a) The sum of four hundred fifty million
dollars ($450,000,000) ____ dollars ($____)
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) Pursuant to Section 5880.08, the sum of thirty-five
million dollars ($35,000,000) ____ dollars ($____)
shall be available to the department, upon appropriation by the
Legislature, for grants to cities and districts in urbanized
counties providing park and recreation services within jurisdictions
of 200,000 or less in population. For purposes of this subdivision,
"urbanized county" means a county with a population for 500,000 or
greater. An entity eligible to receive funds under this subdivision
shall also be eligible to receive funds available under subdivision
(a).
(c) 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 5882.01 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 fifty thousand dollars ($250,000).
____ dollars ($____). 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 5882.01 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 ($500,000).
____ dollars ($____).
(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 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 5882.01. 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.
5882.05. (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.
5882.06. The sum of one hundred twenty million dollars
($120,000,000) ____ dollars ($____) 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 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) The sum of three hundred fifty million dollars
($350,000,000) ____ dollars ($____) 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. 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 total amount available pursuant to this section, the
sum of twenty million dollars ($20,000,000)
____ dollars ($____) 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 total amount available pursuant to this section, the
sum of twenty million dollars ($20,000,000)
____ dollars ($____) 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.
(d) Of the total amount available pursuant to this section, the
sum of seventy million dollars ($70,000,000)
____ dollars ($____) shall be available to the department
according to the following schedule and subject to Section 5883.02 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:
(1) Ten million dollars ($10,000,000) The
sum of ____ dollars ($____) to implement a Central
Valley State Park Program. In order to be eligible under this
paragraph, a park shall be located in a county within the central
valley from the County of Sacramento south to the base of the
Tehachapi Mountain Range.
(2) Ten million dollars ($10,000,000) The
sum of ____ dollars ($____) to implement a Central Coast State
Park Program. In order to be eligible under this paragraph, a park
shall be located in the County of Ventura.
(3) Fifteen million dollars ($15,000,000)
The sum of ____ dollars ($____) to implement an East
Bay State Park Program.
(4) Ten million dollars ($10,000,000) The
sum of ____ dollars ($____) to implement a High
Desert-Coachella Valley State Park Program.
(5) Ten million dollars ($10,000,000) The
sum of ____ dollars ($____) to implement an Inland Empire State
Park Program.
(6) Fifteen million dollars ($15,000,000)
The sum of ____ dollars ($____) to implement a San
Diego State Park Program. Priority may be given to projects bordering
a national estuary.
(e) Of the total amount available pursuant to this section, the
sum of fifty million dollars ($50,000,000)
____ dollars ($____) shall be available to the department for
direct distribution to the twelve districts within the department to
address historic underinvestments in units of the state park system.
5883.01. 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. The funding available pursuant to subdivision (d) of
Section 5883 shall be allocated based on regional populations and the
demand for infrastructure repair and improvements.
Article 5. Trails and Waterfront Greenway Investment
5884. (a) The sum of fifty million dollars ($50,000,000)
____ dollars ($____) 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).
5884.01. 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 6. Rural Recreation, Tourism, and Economic Enrichment
Investment
5885. (a) The sum of fifty million dollars ($50,000,000)
____ dollars ($____) 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, 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) The sum of two hundred ten million dollars
($210,000,000) ____ dollars ($____) 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)) and the Urban
Streams Restoration Program pursuant to Section 7048 of the Water
Code. 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) Notwithstanding any other provision of this division, not less
than 50 percent of the amount appropriated by the Legislature
pursuant to this section shall be 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, and expended pursuant to Division 22.8 (commencing with
Section 32600), Division 23 (commencing with Section 33000), and
Section 79508 of the Water Code. Money appropriated 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). Projects serving disadvantaged communities shall have
priority for funding under this subdivision.
(d) Nothwithstanding any other provision of this division, 60
percent of the funds appropriated pursuant to this section shall be
expended for project grants in the area described in the watershed of
the Los Angeles River upstream of the northernmost boundary of the
City of Vernon, and 40 percent of the funds shall be expended for
project grants in the remainder of the Los Angeles River area.
(e) Of the amount made available pursuant to subdivision (a), ____
dollars ($____) shall be available for purposes of the Lower
American River Conservancy Program or the American River Parkway
Plan, as defined in Section 5841.
(f) Not less than ____ percent of the amount made available
pursuant to this section shall be allocated to the Santa Ana River
Program pursuant to Chapter 4.6 (commencing with Section 31170) of
Division 21.
5886.02. ____ dollars ($____) shall be available, upon
appropriation by the Legislature, to implement the Urban Streams
Restoration Program for streams not otherwise eligible for funding
pursuant to this article.
5886.04. ____ dollars ($____) shall be available to the Natural
Resources Agency, upon appropriation by the Legislature, for existing
multi-benefit urban streams projects that are not otherwise eligible
for funding pursuant to this article.
5886.06. The Natural Resources Agency is encouraged, when
developing guidelines for grants awarded under this article, to
utilize existing programs, including, but not limited to, the urban
streams program through which communities enter into partnerships
with state agencies for multibenefit projects to enhance and restore
waterways.
Article 7.5. State Conservancy Funding
5887. The sum of ____ dollars ($____) 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, five million dollars
($5,000,000). ____ dollars ($____).
(b) California Tahoe Conservancy, seventeen million
fivehundred thousand dollars ($17,500,000). ____
dollars ($____).
(c) Coachella Mountains Conservancy, ten million dollars
($10,000,000). ____ dollars ($____).
(d) Sacramento-San Joaquin Delta Conservancy, fifteen
million dollars ($15,000,000). ____
dollars ($____).
(e) Salton Sea Authority, twenty-five million dollars
($25,000,000). ____ dollars ($____). These
moneys shall be for capital outlay projects that provide air quality
and habitat benefits and that implement the Natural Resources Agency'
s Salton Sea Management Program.
(f) San Diego River Conservancy, fifteen million dollars
($15,000,000). ____ dollars ($____).
(g) San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy, twenty-five million dollars ($25,000,000).
____ dollars ($____).
(h) San Joaquin River Conservancy, ten million dollars
($10,000,000). _ ___ dollars ($____).
(i) Santa Monica Mountains Conservancy, twenty-five
million dollars ($25,000,000). ____ dollars ($____).
(j) Sierra Nevada Conservancy, twenty-two million five
hundred thousand dollars ($22,500,000). ____ dollars
($____).
(k) State Coastal Conservancy, eighty million dollars
($80,000,000). ____ dollars ($____). 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).
5887.01. It is the intent of the Legislature to increase the
funding specified in Section 5887 to an amount above two hundred
fifty million dollars ($250,000,000).
5887.02. 5887.01. The Legislature
shall strive to consider population size, land mass, and natural
resource significance as factors when determining the amount of any
other funds to be made available to an entity listed in Section 5887.
5887.03. 5887.02. A receiving
entity in Section 5887 shall develop and adopt a strategic master
plan that identifies priorities and specific criteria for selecting
projects for funding. The strategic plan shall include strategies for
providing public access to conserved lands wherever feasible and be
consistent with project goals and objectives.
5887.04. 5887.03. Conservancies, in
expending the funding available under this article, shall endeavor,
where practical, to partner with cities, counties, nonprofit
organizations, and nongovernmental organizations to acquire open
space and create urban greenway corridors.
Article 8. Climate Preparedness and Habitat Resiliency
5888. The sum of ____ dollars ($____) shall be available, upon
appropriation by the Legislature, 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) (1) ___ dollars ($____) shall be available to the Wildlife
Conservation Board for grants for any of the following:
(A) Projects for the acquisition, development, rehabilitation,
restoration, protection, and expansion of wildlife corridors and open
space, including projects to improve connectivity and reduce
barriers between habitat areas. In awarding grants pursuant to this
subparagraph, special consideration may be given to projects that
protect state-designated wildlife corridors and wildlife corridors
threatened by urban development.
(B) Projects for the acquisition, development, rehabilitation,
restoration, protection, and expansion of habitat that promote the
recovery of threatened and endangered species.
(C) Projects to improve climate adaptation and resilience of
natural systems.
(D) Projects to protect and improve existing open-space corridors
and trail linkages related to utility or transportation
infrastructure that provide habitat connectivity and public access or
trails.
(2) Applications submitted pursuant to this subdivision that
promote projects seeking to preserve the working character of lands,
including uninterrupted agricultural and rangeland practices, through
conservation easements, may be given additional consideration.
(3) Of the amount subject to this subdivision, ____ dollars
($____) shall be available for the acquisition, development,
rehabilitation, restoration, protection, and expansion of habitat
that furthers the implementation of adopted natural community
conservation plans, as set forth in 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. It is the intent of the Legislature to
increase the funding specified in this paragraph to an amount above
fifty-five million dollars ($55,000,000).
(4) Of the amount subject to this subdivision, ten
million dollars ($10,000,000) ____ dollars ($____)
shall be administered through the Department of Fish and
Wildlife for competitive grants to wildlife rehabilitation facilities
operated by nongovernmental entities.
(5) It is the intent of the Legislature to increase the funding
specified in paragraph (1) to an amount above three hundred forty
million dollars ($340,000,000).
(b) Eighty million dollars ($80,000,000)
The sum of ____ dollars ($____) 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) Fifteen million dollars ($15,000,000)
The sum of ____ dollars ($____) 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.
(d) (1) Sixty million dollars ($60,000,000)
The sum of ____ dollars ($____) 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.
(2) Of the amount subject to this subdivision, up to five
million dollars ($5,000,000) ____ dollars ($____)
shall be available from the Department of Forestry and Fire
Protection to the California Tahoe Conservancy for projects
consistent with this subdivision.
(e) ____ dollars ($____) shall be available to the Department of
Forestry and Fire Protection for existing urban forestry programs and
priority shall be given to local governments that have not
previously been awarded a grant under an existing urban forestry
program.
(f) Forty million dollars ($40,000,000)
The sum of ____ dollars ($____) 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, including local community
conservation corps that have secured certification within the last
three to five years prior to the grant application date.
(g) (1) Eighty million dollars ($80,000,000)
The sum of ____ dollars ($____) shall be available to the
Natural Resources Agency, upon appropriation by the Legislature, 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:
(A) Projects that involve the restoration, protection, and
acquisition of natural, cultural, and historic resources within the
state.
(B) Projects that convert and repurpose properties formerly
operating as fossil fuel power plants to create permanently protected
open space, tourism, and park opportunities through fee title and
conservation easements.
(C) 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.
(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.
(h) ____ dollars ($____) shall be available to the Ocean
Protection Council for purposes of carrying out its duties.
Article 8. 5. Advance Payment for
Water Projects
5888.5. (a) Within 90 days of notice that a grant under this
division for projects included and implemented in an integrated
regional water management plan has been awarded, the regional water
management group shall provide the department with a list of projects
to be funded with the grant funds where the project proponent is a
nonprofit organization or a disadvantaged community, or the project
benefits a disadvantaged community. The list shall specify how the
projects are consistent with the adopted integrated regional water
management plan and shall include all of the following information:
(1) Descriptive information concerning each project identified.
(2) The names of the entities that will receive the funding for
each project, including, but not limited to, an identification as to
whether the project proponent or proponents are nonprofit
organizations or a disadvantaged community.
(3) The budget of each project.
(4) The anticipated schedule for each project.
(b) Within 60 days of receiving the project information pursuant
to subdivision (a), the department shall provide advance payment of
50 percent of the grant award for those projects that satisfy both of
the following criteria:
(1) The project proponent is a nonprofit organization or a
disadvantaged community, or the project benefits a disadvantaged
community.
(2) The grant award for the project is less than one million
dollars ($1,000,000).
(c) Funds advanced pursuant to subdivision (b) shall comply with
the following requirements:
(1) The recipient shall place the funds in a noninterest-bearing
account until expended.
(2) The funds shall be spent within six months of the date of
receipt, unless the department waives this requirement.
(3) The recipient shall, on a quarterly basis, provide an
accountability report to the department regarding the expenditure and
use of any advance grant funds that provides, at a minimum, the
following information:
(A) An itemization as to how advance payment funds provided under
this section have been expended.
(B) A project itemization as to how any remaining advance payment
funds provided under this section will be expended over the period
specified in paragraph (2).
(C) A description of whether the funds are placed in a
noninterest-bearing account, and if so, the date that occurred and
the dates of withdrawals of funds from that account, if applicable.
(4) If funds are not expended, the unused portion of the grant
shall be returned to the department within 60 days after project
completion or the end of the grant performance period, whichever is
earlier.
(5) The department may adopt additional requirements for the
recipient regarding the use of the advance payment to ensure that the
funds are used properly.
(d) As used in this section:
(1) "Disadvantaged community" has the same meaning as defined in
subdivision (c) of Section 5880.01.
(2) "Nonprofit organization" has the same meaning as defined in
subdivision (k) of Section 75005.
Article 9. Fiscal Provisions
5889. (a) Bonds in the total amount of ____ dollars
($____), two billion dollars ($2,000,000,000),
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.