BILL NUMBER: SB 2 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 12, 1998
AMENDED IN SENATE JANUARY 28, 1998
AMENDED IN SENATE JANUARY 26, 1998
AMENDED IN SENATE MAY 1, 1997
AMENDED IN SENATE APRIL 3, 1997
AMENDED IN SENATE MARCH 12, 1997
AMENDED IN SENATE MARCH 5, 1997
AMENDED IN SENATE FEBRUARY 7, 1997
INTRODUCED BY Senator Thompson
(Principal coauthors: Assembly Members Brown and Cunneen)
(Coauthors: Senators Alpert, Karnette, Kopp, Lee, McPherson,
Rainey, Rosenthal, Sher, Solis, Vasconcellos, and Watson)
(Coauthors: Assembly Members Alquist, Aroner, Baca, Battin,
Bowen, Ducheny, Figueroa, Granlund, Havice, Keeley, Lempert, Mazzoni,
Napolitano, Ortiz, Pacheco, Papan, Perata, Strom-Martin, and Wayne)
DECEMBER 2, 1996
An act to add Chapter 1.692 (commencing with Section 5096.300) to
Division 5 of the Public Resources Code, relating to financing a
program for the acquisition, development, improvement,
rehabilitation, restoration, enhancement, and protection of park,
recreational, cultural, historical, fish and wildlife, lake,
riparian, reservoir, and coastal resources , by providing the
funds necessary therefor through the issuance and sale of bonds of
the State of California and by providing for the handling and
disposition of those funds .
LEGISLATIVE COUNSEL'S DIGEST
SB 2, as amended, M. Thompson. Parks and resources improvement
: bond act .
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 address the critical need for park, recreation,
and conservation areas.
This bill would enact the Watershed, Wildlife, and Parks
Improvement Bond Act of 1998 which, if adopted, would authorize, for
the purpose of financing a program for the acquisition, development,
improvement, rehabilitation, restoration, enhancement, and protection
of park, recreational, cultural, historical, fish and wildlife,
lake, riparian, reservoir, river, and coastal resources, as
specified, the issuance, pursuant to the State General Obligation
Bond Law, of bonds in the amount of $849,500,000.
The bill would provide for the submission of the bond act to the
voters at the direct primary election to be held November 3, 1998, in
accordance with specified existing election law.
Vote: majority 2/3 .
Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.692 (commencing with Section 5096.300) is
added to Division 5 of the Public Resources Code, to read:
CHAPTER 1.692. PARKS AND RESOURCES IMPROVEMENT
CHAPTER 1.692. WATERSHED, WILDLIFE, AND PARKS IMPROVEMENT BOND
ACT OF 1998
Article 1. General Provisions
5096.300. This chapter shall be known, and may be cited, as the
Watershed, Wildlife, and Parks Improvement Bond Act of 1998.
5096.301. The Legislature urgently recommends and respectfully
requests that the people of California approve the Watershed,
Wildlife, and Parks Improvement Bond Act of 1998, as set forth in
this chapter. This chapter, among other things, addresses the
critical need for park, recreation, and conservation area and
facility funding by authorizing the sale of general obligation bonds
that must be used judiciously for the purposes of this chapter.
5096.302. The Legislature hereby finds and declares all of the
following:
(a) Californians are very proud of the excellent system of local,
regional, and state parks that they have established, providing
places for families to enjoy quality time together and enjoy our
state's rich outdoor experiences.
(b) Parks and scenic areas are essential to maintaining strong
communities, improving the quality of life for California's
residents, protecting our natural and cultural resources, and
attracting visitors who contribute to the state's vibrant tourism
economy.
(c) For more than 60 years, generations of Californians have taken
the responsibility to invest in our proud system of state, regional,
and local parks by establishing excellent recreational and scenic
facilities.
(d) In recent years, budgetary and economic concerns have
prevented Californians from protecting these critical investments and
providing for our state's growing needs, resulting in disrepair and
overcrowding of many park facilities.
(e) By taking responsibility today to protect our investments, we
can repair and improve our parks and recreation and conservation
areas and facilities to make sure that families have safe places to
enjoy and that tourists will continue to enrich our economy by
visiting those areas and facilities.
(f) As homeowners and business persons well understand, we can
save money in the long run by making the necessary investments today
to repair park and recreational facilities, thereby avoiding more
expensive repairs than will be necessary if those facilities continue
to degrade.
(g) Our park and recreational and conservation areas and
facilities are also an investment in establishing a healthier future
for our youth. Not only can we help our local communities establish
safer places for our children to play, but we can help instill a
sense of responsibility and improve job skills by putting our youth
to work improving our park and recreational and conservation areas
and facilities.
(h) There is a great need to make reasonable and cost-effective
investments in our park and recreation and conservation areas, with
emphasis on the following:
(1) Making our parks safer.
(2) Preparing and restoring worn-out and damaged park and
open-space facilities.
(3) Providing Californians with greater access to enjoy park and
recreational and conservation facilities by building and improving
such facilities as restrooms, campgrounds, and trails.
(4) Protecting scenic, conservation, historical, and
archaeological resources, and water quality.
(5) Taking the responsibility now to meet California's growing
needs so that current and future generations have adequate park and
recreational and conservation facilities to enjoy.
(6) Promoting job opportunities that provide our youth with
healthy alternatives to drugs, gangs, and other forms of delinquency.
5096.303. The Legislature further finds and declares all of the
following:
(a) California's economy is significantly based on its natural and
cultural resources. Protection of the environment is critical for
California's tourism, recreation, and commercial fishing industries.
(b) Modest but strategic investment in natural resource
enhancement and restoration can help ensure that all of those
industries will continue to contribute to the state's resurgent,
vibrant economy. This investment should protect the natural,
cultural, and scenic values of the state's most popular tourist areas
and areas where tourism may flourish in the next decades, and
develop public facilities, concessions, and partnerships to promote
local economic development in conjunction with tourism and other
resource-dependent industries.
(c) For over 60 years, the people of California have funded park
and recreation improvements and natural and cultural resource
conservation projects through the sale of general obligation bonds.
Saving resources and building facilities is an obligation which must
be fulfilled now to ensure that future generations can appreciate the
natural beauty of this most unique and diverse state. Playgrounds
and parks, clean air and water, historic, cultural, and
archaeological preserves, beaches, forest, and conservation areas
funded by bond acts last for many generations.
5096.304. The Legislature hereby finds and declares that it is
the policy of this state to provide needed local financial assistance
for the development, expansion, restoration, and increased
utilization of neighborhood parks and recreational facilities.
5096.305. The Legislature further finds and declares that it is
the responsibility of this state to do all of the following:
(a) Provide and assist in the development of essential state and
local parks and recreational facilities for the use of all citizens
of California and visitors to the state, and to provide for the
protection and preservation of essential park and recreational
resources and historical resources.
(b) Utilize the issuance of bonds under this chapter to develop,
expand, restore, and increase the utilization of existing state and
local park and recreational facilities and other public resources.
(c) Recognize that recreation and tourism, with state and local
public parks and natural lands and facilities serving as key
infrastructure, are the foundation for a multibillion dollar industry
in California. An investment in maintaining that infrastructure
also enhances opportunities for new and continuous employment and
economic growth throughout the state. Improving the development of,
and access to, existing properties increases the recreational
opportunities for the citizens of California.
(d) Recognize the need to invest in and support infrastructure
development designed to provide facilities for youth enrichment and
the prevention of youth crime and patterns of delinquency.
(e) Recognize that investing in the infrastructure of parks
improves the quality of neighborhoods and, thus, benefits the quality
of life for the residents of those neighborhoods.
(f) Recognize the need to invest in and support the employment of
qualified at-risk youth for the improvement and maintenance of state
and local parks through the use of the California Conservation Corps
and certified local community conservation corps.
(g) Recognize that improving the development and restoration of,
and access to, publicly owned properties increases the recreational
opportunities for the citizens of California.
5096.306. (a) It is the intent of the Legislature to strongly
encourage every state or local government agency receiving the bond
funds allocated pursuant to this chapter for an activity to give full
and proper consideration to the use of recycled and reusable
products whenever possible with regard to carrying out that activity.
(b) It is the further intent of the Legislature that no land shall
be acquired for purposes of this chapter except from a willing
seller of the land.
5096.307. Every proposed activity to be funded pursuant to this
chapter shall be in compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000)).
5096.308. As used in this chapter, the following terms have the
following meaning:
(a) "Acquisition" means the acquisition from a willing seller of a
fee interest or any other interest, including easements and
development rights, in real property from a willing seller.
(b) "Board" means the Secretary of the Resources Agency designated
in accordance with subdivision (b) of Section 5096.362.
(c) "Certified local community conservation corps programs" means
programs operating pursuant to Section 14406.
(d) "Commission" means the State Parks and Recreation Commission.
(e) "Committee" means the Watershed, Wildlife, and Parks
Improvement Program Finance Committee created pursuant to subdivision
(a) of Section 5096.362.
(f) "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 and any
recreation and park district formed pursuant to Chapter 4 (commencing
with Section 5780). 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 district that is authorized by
statute to operate and manage parks or recreational areas or
facilities, employs a full-time park and recreation director and
offers year-round park and recreation services on lands and
facilities owned by the district, and allocates a substantial portion
of its annual operating budget to parks or recreation areas or
facilities.
(g) "Fund" means the Watershed, Wildlife, and Parks Improvement
Bond Fund created pursuant to Section 5096.310.
(h) "Historical resource" includes, but is not limited to, any
building, structure, site area, place, artifact, or collection of
artifacts that is historically or archaeologically significant in the
cultural annals of California.
(i) "Program" means the Watershed, Wildlife, and Parks Improvement
Program established pursuant to this chapter.
(j) "Secretary" means the Secretary of the Resources Agency.
(k) (1) "Stewardship" means the development and implementation of
projects for the protection, preservation, rehabilitation,
restoration, and improvement of natural systems and outstanding
features of the state park system and historical and cultural
resources. Those efforts may not include activities that merely
supplement normal park operations or that are usually funded from
other sources.
(2) (A) "Cultural resources stewardship" may include, but is not
limited to, stabilization and protection of historical resources,
including archaeological resources, in the state park system. Those
resources may include sites, features, ruins, archaeological
deposits, historical landscape resources, rock art features, and
artifacts making up the physical legacy of California's past.
(B) "Cultural resources stewardship" does not include the
rehabilitation, restoration, reconstruction, interpretation, or
mitigation of historical resources typically required as part of a
development program.
(3) "Natural resources stewardship" may include, but is not
limited to, such objectives as the control of major erosion and
geologic hazards, the restoration and improvement of critical plant
and animal habitat, the control and elimination of exotic species
encroachment, the stabilization of coastal dunes and bluffs, and the
planning necessary to implement those objectives.
(l) "Wildlife conservation partnership" means a cooperative
acquisition, restoration, or management of wildlife habitat for which
the Wildlife Conservation Board provides matching funds to leverage
other public, private, or nonprofit resources to maximize the
conservation benefits to wildlife and wildlife habitat.
Article 2. Watershed, Wildlife, and Parks Improvement Program
5096.310. The proceeds of bonds issued and sold pursuant to this
chapter shall be deposited in the Watershed, Wildlife, and Parks
Improvement Bond Fund, which is hereby created. Unless otherwise
specified and except as provided in subdivision (l), the money in the
fund shall be available for appropriation by the Legislature, in the
manner set forth in this chapter, only for parks and resources
improvement and administrative costs allocable to the bond funded
projects, in accordance with the following schedule:
(a) The sum of one hundred fifty million dollars ($150,000,000) to
the department for the following purposes:
(1) To rehabilitate units of the state park system that will
ensure that state park system lands and facilities will remain open
and accessible for public use.
(2) To develop facilities and trails at existing units of the
state park system that will provide for optimal recreational and
educational use, activities, improved access and safety, and the
acquisition from a willing seller of inholdings and adjacent lands.
Adjacent lands are lands contiguous to, or in the immediate vicinity
of, existing state park system lands and that directly benefit an
existing state park system unit.
(3) For stewardship of the public investment in the preservation
of the critical natural heritage and scenic features, and cultural
heritage stewardship projects that will preserve vanishing remnants
of California's landscape, and protect and promote a greater
understanding of California's past, and the planning necessary to
implement those efforts.
(4) For facilities and improvements to enhance volunteer
participation in the state park system.
(5) To develop, improve, and expand interpretive facilities at
units of the state park system, including educational exhibits and
visitor orientation centers.
(6) To rehabilitate and repair aging facilities at winter
recreation facilities pursuant to the Sno-Park program, as provided
for in Chapter 1.27 (commencing with Section 5091.01), that provide
for improved public safety.
(b) The sum of eight million dollars ($8,000,000) to the
department to undertake stewardship projects, including cultural
resources stewardship and natural resources stewardship projects,
that will restore and protect the natural treasures of the state park
system, preserve vanishing remnants of California's landscape, and
protect and promote a greater understanding of California's past.
(c) The sum of four million dollars ($4,000,000) to the department
for facilities and improvements to enhance volunteer participation
in the state park system.
(d) The sum of twenty million dollars ($20,000,000) to the
department for grants to local agencies administering units of the
state park system under an operating agreement with the department,
for the development, improvement, rehabilitation, restoration,
enhancement, protection, and interpretation of lands and facilities
of, and improved access to, those locally operated units.
(e) The sum of ten million dollars ($10,000,000) to the California
Heritage Fund, created pursuant to Section 5079.10, for competitive
grants, in accordance with Section 5096.335.
(f) The sum of one hundred eighty million dollars ($180,000,000)
to the department for grants, in accordance with Sections 5096.332,
5096.333, and 5096.336, on the basis of population, for the
acquisition, development, improvement, rehabilitation, restoration,
enhancement, and interpretation of local park and recreational lands
and facilities.
(g) The sum of sixty-seven million five hundred thousand dollars
($67,500,000) to the department for grants to cities, counties, and
districts for the acquisition, development, rehabilitation, and
restoration of park and recreation areas and facilities pursuant to
the Roberti-Z'berg-Harris Urban Open-Space and Recreational Program
Act (Chapter 3.2 (commencing with Section 5620).
(h) The sum of ten million dollars ($10,000,000) to the department
for grants, in accordance with Section 5096.337, for the
development, improvement, rehabilitation, restoration, and
enhancement of public access to lakes, rivers, and reservoirs, and
facilities related thereto, to provide recreational opportunities,
and for purposes of Section 7048 of the Water Code.
(i) The sum of ten million dollars ($10,000,000) to the department
for grants, in accordance with Section 5096.337, for the
development, improvement, rehabilitation, restoration, enhancement,
and interpretation of nonmotorized trails for the purpose of
increasing public access to, and enjoyment of, existing public areas
for increased recreational opportunities.
(j) The sum of two million five hundred thousand dollars
($2,500,000) to the California Conservation Corps to complete capital
outlay and resource conservation projects and administrative costs
allocable to the bond funded projects.
(k) The sum of twenty-seven million five hundred thousand dollars
($27,500,000) to the department for the following purposes:
(1) The sum of twenty million dollars ($20,000,000) for grants, in
accordance with Sections 5096.339 and 5096.340, for urban
recreational and cultural centers, including, but not limited to,
zoos, museums, aquariums, and facilities for wildlife education.
(2) The sum of seven million five hundred thousand dollars
($7,500,000) for regional youth soccer facilities operated by
nonprofit organizations.
(l) Notwithstanding Section 13340 of the Government Code, the sum
of one hundred forty million dollars ($140,000,000) is hereby
continuously appropriated to the Wildlife Conservation Board, without
regard to fiscal years, in accordance with Section 5096.350.
(m) The sum of fifty million dollars ($50,000,000) to the
California Tahoe Conservancy, in accordance with Section 5096.351.
(n) The sum of one hundred million dollars ($100,000,000) to the
State Coastal Conservancy, in accordance with Section 5096.352.
(o) The sum of thirty-five million dollars ($35,000,000) to the
Santa Monica Mountains Conservancy, in accordance with Section
5096.353.
(p) The sum of two million five hundred thousand dollars
($2,500,000) to the Coachella Valley Mountains Conservancy, in
accordance with Section 5096.354.
(q) The sum of five million dollars ($5,000,000) to the San
Joaquin River Conservancy, in accordance with Section 5096.355.
(r) The sum of two million five hundred thousand dollars
($2,500,000) to the California Conservation Corps for grants for the
certified local community conservation corps program to complete
capital outlay and resource conservation projects.
(s) The sum of five million dollars ($5,000,000) to the Department
of Conservation in accordance with Section 5096.356.
(t) The sum of ten million dollars ($10,000,000) to the Department
of Forestry and Fire Protection for urban forestry programs in
accordance with Section 4799.12. The grants made pursuant to this
subdivision shall be for costs associated with the purchase and
planting of trees, and up to three years of care which ensures the
long term viability of those trees. Not more than 5 percent of these
funds may be used for related administrative costs.
(u) The sum of ten million dollars ($10,000,000) to the Department
of Fish and Game for the following purposes:
(1) The sum of five million dollars ($5,000,000) for expenditure
in accordance with subdivision (a) of Section 5096.357.
(2) The sum of five million dollars ($5,000,000) for expenditure
in accordance with subdivision (b) of Section 5096.357.
Article 3. State Park System Program
5096.320. The Legislature hereby recognizes that public financial
resources are inadequate to meet all capital outlay needs of the
state park system and that the need for the acquisition, development,
restoration, rehabilitation, improvement, and protection of state
park system lands and facilities has increased to the point that
their continued well-being and the realization of their full public
benefit is jeopardized.
5096.321. (a) Any Member of the Legislature, the commission, or
the secretary may nominate any state park system project for funding
under this chapter, for study by the department. The commission
shall nominate projects only after holding at least one public
hearing to seek project proposals from individuals, citizen groups,
the department, and other public agencies. The commission shall make
those nominations by majority vote of its members.
(b) The department shall study any state park system project
nominated pursuant to subdivision (a). The department shall annually
submit to the Legislature and to the secretary a report, consisting
of a prioritized listing and comparative evaluation of those
nominated projects, in accordance with the following schedule:
(1) Not later than March 1, 1999, for state park system projects
nominated prior to January 1, 1999.
(2) Not later than November 1, 1999, for state park system
projects nominated after January 1, 1999, but prior to June 30, 1999.
(3) Not later than November 1, 2000, and not later than each
November 1 thereafter, for state park system projects nominated
during the 12 months ending June 30, 2000, and each June 30
thereafter.
(c) Nominated state park system projects shall be subject to
approval by the secretary and approved projects shall be forwarded by
the secretary to the Director of Finance for inclusion in the Budget
Bill.
Article 4. Grant Program
5096.331. The Legislature hereby recognizes that public financial
resources are inadequate to meet all of the funding needs of local
public park and recreation providers and that there is an urgent need
for safe, open, and accessible local park and recreational
facilities and for the increased recreational opportunities that
provide positive alternatives to social problems. Accordingly, it is
declared to be the policy of this state that the funds allocated
pursuant to Section 5096.310 to local agencies shall be appropriated
primarily for projects that accomplish all of the following:
(a) Rehabilitate facilities at existing local parks that will
provide for more efficient management and reduced operational costs.
(b) Develop facilities that promote positive alternatives for
youth and that promote cooperation between local park and recreation
service providers and youth-serving nonprofit organizations.
(c) Promote family oriented recreation activities.
(d) Provide for open, safe, and accessible local park lands and
facilities.
5096.332. (a) Sixty percent of the total funds available for
grants shall be allocated to cities and to 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 twenty thousand dollars ($20,000). In any instance in
which the boundary of a city overlaps the boundary of such a
district, the population in the area of overlapping jurisdictions
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. In any instance in which the boundary of a city overlaps
the boundary of such a district, and in the area of overlap the city
does not operate and manage parks and recreational areas and
facilities, all grant funds shall be allocated to the district.
(b) Each city and each district subject to subdivision (a) whose
boundaries overlap shall develop a specific plan for allocating the
grant funds in accordance with the formula specified in subdivision
(a). If, by April 1, 1999, the plan has not been agreed to by the
city and district and submitted to the department, the director shall
determine the allocation of the grant funds among the affected
jurisdictions.
5096.333. (a) Forty percent of the total funds available for
grants shall be allocated to counties and regional park districts,
regional park and open-space districts, or regional open-space
districts formed pursuant to Article 3 (commencing with Section 5500)
of Chapter 3.
(b) Each county's allocation under subdivision (a) shall be in the
same ratio as the county's population, except that each county shall
be entitled to a minimum allocation of one hundred thousand dollars
($100,000).
(c) 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, whose board of directors is not the
county board of supervisors, the amount allocated 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.
5096.335. Funds authorized pursuant to subdivision (e) of Section
5096.310 shall be administered by the State Office of Historic
Preservation and shall be available as grants, on a competitive
basis, to cities, counties, districts, and nonprofit organizations
for the acquisition, development, rehabilitation, restoration, and
interpretation of historical resources. The amount of each grant
shall not exceed one million dollars ($1,000,000).
5096.336. Funds authorized pursuant to subdivision (f) of Section
5096.310 shall be available for grants to cities, counties, and
districts on the basis of their populations, as determined by the
department in cooperation with the Department of Finance, on the
basis of the most recent verifiable census data and other population
data that the department may require to be furnished by the applicant
city, county, or district.
5096.337. (a) Funds authorized pursuant to subdivisions (h) and
(i) of Section 5096.310 shall be available as grants, on a
competitive basis, to cities, counties, districts, and local agencies
formed for park purposes pursuant to a joint powers agreement as
defined in subdivision (b).
(b) For purposes of this section, "district" means any local
agency formed for park purposes pursuant to a joint powers agreement
between two or more local entities. The director shall prepare and
adopt criteria and procedures for evaluating those competitive grants
for access to lakes, rivers, and reservoirs.
5096.339. Not less than 50 percent of the funds authorized in
paragraph (1) of subdivision (k) of Section 5096.310 shall be
available as grants administered by the department to cities,
counties, and nonprofit organizations for the development,
rehabilitation, or restoration of facilities accredited by the
American Zoo and Aquarium Association (AZA) and operated by cities,
counties, and nonprofit organizations, and to cities, counties, and
nonprofit organizations for the development, rehabilitation, or
restoration of zoos and aquariums operated by cities, counties, and
nonprofit organizations, but not yet accredited by the AZA. This
program shall be known, and may be cited, as the Dr. Paul Chaffee
Zoological Program. Allocation in awarding grants pursuant to this
section shall be in accordance with the following schedule:
(a) Individual grants of up to one million dollars ($1,000,000),
or an amount to be determined by dividing 95 percent of the total zoo
and aquarium funds available pursuant to this section by the number
of AZA accredited institutions at the time of enactment of this
section, shall be made available to zoos and aquariums that are AZA
accredited.
(b) Not less than 10 percent or two million dollars ($2,000,000),
whichever is greater, of the funds available pursuant to subdivision
(a) shall be reserved for institutions with annual operating budgets
of less than one million dollars ($1,000,000).
(c) Not more than 5 percent of the total funds available pursuant
to this section, shall be made available as grants to zoos and
aquariums that have initiated the AZA accreditation process but are
not yet accredited at the time of the enactment of this section.
Grants awarded under this subdivision shall be dedicated to projects
which will enhance the institution's ability to meet standards of AZA
accreditation.
5096.340. (a) Not less than 25 percent of the funds authorized in
paragraph (1) of subdivision (k) of Section 5096.310 shall be
available as grants on a competitive basis to cities, counties, and
nonprofit organizations for the development or rehabilitation of real
property consisting of urban recreational and cultural centers,
museums, and facilities for wildlife education.
(b) To be eligible for funding, a project shall initially be
nominated by a Member of the Legislature for study by the department.
The department shall study each project so nominated and, prior to
the April 1 preceding the fiscal year in which funds are proposed to
be appropriated, shall submit to the Legislature a prioritized
listing and comparative evaluation of all projects nominated prior to
the preceding July 1.
(c) In establishing priorities of projects, the department shall
consider any favorable project characteristics, including, but not
limited to, all of the following:
(1) The project will interpret one or more important California
historical, cultural, economic, or resource themes or an important
historical, cultural, economic, technological, or resource theme in a
major region of California. Higher priority shall be assigned to
projects whose themes are not interpreted in any existing museum or
have demonstrable deficiencies in their presentation in an existing
museum.
(2) The project is proposed to be operated on lands that are
already in public ownership or on lands that will be acquired and
used for the project in conjunction with adjoining public lands.
(3) Projects that are closely related geographically to the
resources, activity, structure, place, or collection of objects to be
interpreted, and are close to population centers and access routes.
(4) Projects that are in, or close to, population centers or are
adjacent to, or readily served by, a state highway or other mode of
public transportation.
(5) Projects for which there are commitments, or the serious
likelihood of commitments, of funds or the donation of land or other
property suitable for the project.
(d) The department shall annually forward a list of the highest
priority projects to the Department of Finance for inclusion in the
Budget Bill.
(e) An application for a grant for a cooperative museum project
shall be submitted jointly by the city, county, or other public
agency, an institute of higher learning, or a nonprofit organization
that cooperatively is operating, or will operate, the project.
5096.341. (a) Individual applications for grant funds pursuant to
subdivisions (f), (g), (h), (i), and (k) of Section 5096.310 shall
be submitted to the department for approval as to their conformity
with the requirements of this chapter. The application shall be
accompanied by certification from the planning agency of the
applicant that the project for which the grant is requested is
consistent with the park and recreation element of the applicable
city or county general plan or the district park and recreation plan,
as the case may be, and will satisfy a high priority need. To
utilize available grant funds as effectively as possible, overlapping
or adjoining jurisdictions are encouraged to combine projects and
submit a joint application.
(b) The minimum grant amount that an applicant may request is
twenty thousand dollars ($20,000). Any applicant may allocate all or
a portion of its per capita share for a regional or state project.
(c) The director shall annually forward a statement of the total
amount to be appropriated in each fiscal year for projects approved
for grants pursuant to subdivisions (f), (g), (h), (i), and (k) of
Section 5096.310 to the Director of Finance for inclusion in the
Budget Bill. A list of eligible jurisdictions and the amount of
grant funds to be allocated to each shall also be made available by
the department.
(d) (1) Funds appropriated for grants pursuant to subdivisions
(f), (g), (h), (i), and (k) of Section 5096.310 shall be encumbered
by the recipient within three years from the date that the
appropriation became 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.
(2) Commencing with the Budget Bill for the 2007-08 fiscal year,
any grant funds appropriated pursuant to subdivisions (f), (g), (h),
(i), and (k) of Section 5096.310 that have not been expended by the
grantee shall revert to the fund and be available for appropriation
by the Legislature for one or more of the categories specified in
Section 5096.310 that the Legislature determines to be of the highest
priority statewide.
5096.342. (a) Grant funds appropriated pursuant to subdivisions
(f), (g), (h), (i), and (k) of Section 5096.310 may be expended by
the grantee only for projects on lands owned by, or subject to a
lease or other interest held by, the grantee.
(b) If a grant applicant does not have fee title to the lands, the
applicant shall demonstrate to the satisfaction of the department
that the proposed project will provide public benefits that are
commensurate with the type and duration of the interest in land that
is held by the applicant.
5096.343. (a) Except as provided in subdivision (c), no grant
funds authorized pursuant to subdivisions (f), (g), (h), (i), and (k)
of Section 5096.310 may be disbursed unless the applicant has
agreed, in writing, to both of the following:
(1) To maintain and operate the property funded pursuant to this
chapter for a period that is commensurate with the type of project
and the proportion of state funds and local matching funds or
property allocated to the capital costs of the project. With the
approval of the department, the grantee, or the grantees' successor
in interest in the property, may transfer the responsibility to
maintain and operate the property in accordance with this section.
(2) To use the property only for the purposes for which the grant
was made and to make no other use or sale or other disposition of the
property, except as authorized by specific act of the Legislature.
(b) The agreements specified in subdivision (a) shall not prevent
the transfer of the property from the applicant to a public agency,
if the successor public agency assumes the obligations imposed by
those agreements.
(c) If the use of the property is changed to a use that is not
permitted by the category from which the grant funds were
appropriated, or if the property is sold or otherwise disposed of, an
amount equal to (1) the amount of the grant, (2) the fair market
value of the real property, or (3) the proceeds from the sale or
other disposition, whichever is greater, shall be used by the grantee
for a purpose authorized by that category, pursuant to agreement
with the department as specified in subdivision (a), or shall be
reimbursed to the fund and be available for appropriation by the
Legislature only for a purpose authorized by that category. If the
property sold or otherwise disposed of is less than the entire
interest in the property funded with the grant, an amount equal to
either the proceeds from the sale or other disposition of the
interest or the fair market value of the interest sold or otherwise
disposed of, whichever is greater, shall be used by the grantee for a
purpose authorized by the category from which the funds were
appropriated, pursuant to agreement with the department as specified
in subdivision (a), or shall be reimbursed to the fund and be
available for appropriation by the Legislature only for a use
authorized by that category.
5096.344. All grants, gifts, devises, or bequests to the state,
that are conditioned upon being used for park, conservation,
recreational, agricultural, or other such purposes, may be accepted
and received on behalf of the state by the appropriate departmental
director, with the approval of the Director of Finance, and those
grants, gifts, devises, or bequests shall be available, upon
appropriation by the Legislature, for expenditure for the purposes
specified in Section 5096.310.
5096.345. Except for funds continuously appropriated by this
chapter, all appropriations of funds pursuant to Section 5096.310 for
purposes of the program shall be included in a section of the Budget
Bill for the 1999-2000 fiscal year, and each succeeding fiscal year,
for consideration by the Legislature, and shall bear the caption
"Watershed, Wildlife, and Parks Improvement Program." The section
shall contain separate items for each project, each class of project,
or each element of the program for which an appropriation is made.
Article 5. Wildlife Program
5096.350. (a) Funds appropriated pursuant to subdivision (l) of
Section 5096.310 shall be available for expenditure by the Wildlife
Conservation Board for the acquisition, development, rehabilitation,
restoration, enhancement, and protection of real property benefiting
fish and wildlife, and for grants and related state administrative
costs pursuant to the Wildlife Conservation Law of 1947 (Chapter 4
(commencing with Section 1300) of Division 2 of the Fish and Game
Code), for the following purposes:
(1) Ten million dollars ($10,000,000) for the acquisition,
restoration, or enhancement of wetland habitat, as follows:
(A) Five million dollars ($5,000,000) for the acquisition,
preservation, restoration, enhancement, and establishment, or any
combination thereof, of habitat for waterfowl or other wetlands
associated wildlife, as provided for in the Central Valley Habitat
Joint Venture Component of the North American Waterfowl Management
Plan and the Inland Wetlands Conservation Program. Preference shall
be given to projects involving the acquisition of fee interests and
perpetual conservation easements; habitat development projects on
lands which will be managed primarily as waterfowl habitat in
perpetuity; waterfowl habitat development projects on agricultural
lands; the reduction of fishery impacts resulting from supply
diversions; or programs to establish permanent buffer areas,
including, but not limited to, agricultural lands that are necessary
to preserve the acreage and habitat values of existing wetlands. In
addition, up to 2 percent of this funding may be expended for the
development and implementation of wetland education programs in the
Central Valley.
(B) Five million dollars ($5,000,000) for the acquisition,
development, restoration, enhancement, and protection of wetlands and
adjacent lands, or any combination thereof, located outside the
Sacramento-San Joaquin Valley.
(2) Ten million dollars ($10,000,000) for the enhancement,
development, acquisition from a willing seller, or restoration of
riparian habitat and watershed conservation programs.
(3) Forty million dollars ($40,000,000) for the restoration,
acquisition from a willing seller, or enhancement of habitat for
threatened and endangered species and significant natural areas and
natural communities. Preference for funding shall be given to plans
that have achieved a local match.
(4) Five million dollars ($5,000,000) for the acquisition from a
willing seller, enhancement, or restoration of forest lands,
including, but not limited to, ancient redwoods and oak woodlands.
(5) Seventy-five million dollars ($75,000,000) for wildlife
conservation partnerships that provides for the acquisition,
restoration, enhancement, or protection of habitat for threatened,
endangered, or fully protected species, the preservation of natural
communities or unique habitat types, or the preservation or
restoration of wildlife corridors. Preference shall be given to
projects that promote the recovery of threatened and endangered
species or that protect habitat linkages and wildlife corridors to
prevent habitat fragmentation. The board shall require matching
contributions in funding, real property, or other resources from
other public agencies, private parties, or nonprofit organizations,
at a level designed to obtain the maximum conservation benefits to
wildlife and wildlife habitat.
(b) "Enhancement," for purposes of this section, includes the
construction or development of facilities to provide public access to
lands or water open to the public for wildlife-oriented public use.
(c) Notwithstanding subdivision (l) of Section 5096.310, no
allocation for acquisition of the real property pursuant to a natural
community conservation plan prepared pursuant to Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code shall be made unless the acquisition of the real property is
specifically authorized by statute.
Article 6. Lake Tahoe Program
5096.351. (a) The Legislature has recognized the need to protect
and restore the fragile environment at Lake Tahoe; and the Tahoe
Regional Planning Agency has prepared an Environmental Improvement
Program that outlines a capital outlay approach to help achieve
environmental thresholds in the Lake Tahoe Basin, which allocates
funding responsibilities over the first 10 years of the program in
the amounts of approximately two hundred seventy-four million dollars
($274,000,000) to the State of California, two hundred ninety-seven
million dollars ($297,000,000) to the federal government, eighty-two
million dollars ($82,000,000) to the State of Nevada, one hundred one
million dollars ($101,000,000) to local governments, and one hundred
fifty-three million dollars ($153,000,000) to the private sector.
(b) Funds allocated pursuant to subdivision (m) of Section
5096.310 shall be available for expenditure for the development,
restoration, acquisition from a willing seller, and enhancement of
real property, by the California Tahoe Conservancy within the Lake
Tahoe region pursuant to Title 7.42 (commencing with Section 66905)
of the Government Code for the following purposes:
(1) Protecting the natural environment through preservation of
environmentally sensitive lands, soil erosion control, restoration or
enhancement of watershed lands, restoration or enhancement of
streams and other natural areas.
(2) Providing public access and public recreation opportunities.
(3) Enhancing and restoring wildlife areas.
(c) The provision of these funds is to meet applicable state
responsibilities pursuant to the Tahoe Regional Planning Agency's
Environmental Improvement Program.
(d) The allocation of these funds has been made in the expectation
that the federal government, the State of Nevada, local
jurisdictions, and the private sector will fulfill their respective
obligations pursuant to the Environmental Improvement Program. The
secretary shall report annually to the Legislature on the progress of
the development and implementation of the Environmental Improvement
Program, and the provision of these funds may be restricted in the
event that the parties are found to be making inadequate progress or
are not making good faith efforts towards fulfilling their respective
obligations.
Article 7. Coastal Program
5096.352. Funds allocated pursuant to subdivision (n) of Section
5096.310 shall be available for expenditure by the State Coastal
Conservancy pursuant to Division 21 (commencing with Section 31000)
for the acquisition from a willing seller, preservation, restoration,
and enhancement of real property or an interest in real property in
coastal areas and watersheds within its jurisdiction and the
development of public use facilities in those areas in accordance
with the following schedule:
(a) Twenty-five million dollars ($25,000,000) for projects funded
pursuant to the San Francisco Bay Area Conservancy Program
established pursuant to Chapter 4.5 (commencing with Section 31160)
of Division 21, including at least five million dollars ($5,000,000)
for projects consistent with the goals of the San Francisco Bay Joint
Venture.
(b) Seventy-five million dollars ($75,000,000) for projects in
coastal areas and watersheds utilizing the following priorities:
(1) Perfection and development of offers to dedicate.
(2) Coastal trail completion.
(3) Acquisition from a willing seller, development, preservation
or restoration of real property, including unique, historic, or
scenic lands and other properties needed for public accessways and
trails, urban waterfront facilities, and economic development,
tourism, or agricultural land preservation.
Article 8. Mountain Resource Program
5096.353. Funds allocated pursuant to subdivision (o) of Section
5096.310 shall be available to the Santa Monica Mountains Conservancy
for capital outlay and grants for the acquisition from a willing
seller, enhancement, and restoration of natural lands, improvement of
public recreation facilities, and for grants to local agencies and
nonprofit organizations to increase access to parks and recreational
opportunities for underserved urban communities, in accordance with
the following schedule:
(a) Twenty million dollars ($20,000,000) to acquire, improve, or
restore park, wildlife, or natural areas, including areas near or
adjacent to units of the state park system wherever such units may be
situated within a local jurisdiction within the Santa Monica
Mountains Zone or Rim of the Valley Trail Corridor.
(b) Fifteen million dollars ($15,000,000) for projects to acquire,
improve, or restore park, wildlife, or natural areas along the Los
Angeles and San Gabriel River corridors and their tributaries,
including the Arroyo Seco and Rio Hondo, and the contiguous
rights-of-way, access routes, pathways, parkways, greenways, and open
spaces adjacent thereto.
5096.354. Funds allocated pursuant to subdivision (p) of Section
5096.310 shall be available to the Coachella Valley Mountains
Conservancy for expenditure for the acquisition, development,
enhancement, and protection of land, and for administrative costs
incurred in connection therewith, in accordance with Division 23.5
(commencing with Section 33500).
Article 9. San Joaquin River Program
5096.355. Funds allocated pursuant to subdivision (q) of Section
5096.310 shall be available to the San Joaquin River Conservancy for
expenditure of the acquisition, development, enhancement, and
protection of land, and
for administrative costs incurred in connection therewith, in
accordance with Division 22.5 (commencing with Section 32500).
Article 10. Agriculture Program
5096.356. Funds allocated pursuant to subdivision (s) of Section
5096.310 shall be available to the Department of Conservation for
grants, on a competitive basis, to state and local agencies and
nonprofit organizations for farmland protection and administration of
the Agricultural Land Stewardship Program Act of 1995 (Division 10.2
(commencing with Section 10200)). This purpose shall include, but
not be limited to, the placement of improvements and acquisition of
agricultural conservation easements and other interests in land
pursuant to the Agricultural Land Stewardship Program.
Article 11. Fish and Game Program
5096.357. (a) Funds allocated pursuant to paragraph (1) of
subdivision (u) of Section 5096.310 shall be available to the
Department of Fish and Game for the development, enhancement,
restoration, and preservation of land pursuant to Sections 1580 and
10503 of, and subdivision (b) of Section 1525 of, the Fish and Game
Code. The provision of these funds shall be in accordance with an
expenditure plan developed by the Department of Fish and Game and
approved by the Department Finance.
(b) Funds allocated pursuant to paragraph (2) of subdivision (u)
of Section 5096.310 shall be deposited in the State Duck Stamp
Account of the Fish and Game Preservation Fund and shall be available
for expenditure by the Department of Fish and Game for the exclusive
purpose of acquiring habitat preservation and enhancement agreements
on private wetlands pursuant to the California Waterfowl Habitat
Program--Phase II and administrative costs incurred in connection
therewith.
Article 12. California Indian Tribe Participation
5096.358. To the extent funds authorized pursuant to this chapter
are available for expenditure by local government entities,
federally recognized California Indian Tribes may apply for those
funds, the tribe's application shall be considered on its merits, and
the tribes shall expend any funds received for the purpose
authorized by this chapter for which the funds are made available.
Article 13. Fiscal Provisions
5096.360. Bonds in the total amount of eight hundred forty-nine
million five hundred thousand dollars ($849,500,000), not including
the amount of any refunding bonds issued in accordance with Section
5096.370, or so much thereof as is necessary, may be issued and sold
to provide a fund to be used for carrying out the purposes set forth
in Section 5096.310 and to be used 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 the principal of, and interest on, the
bonds as the principal and interest become due and payable.
5096.361. 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 and are hereby incorporated in this chapter as though set
forth in full in this chapter.
5096.362. (a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this chapter, the Watershed, Wildlife, and Parks
Improvement Program Finance Committee is hereby created. For
purposes of this chapter, the Watershed, Wildlife, and Parks
Improvement Program Finance Committee is "the committee" as that term
is used in the State General Obligation Bond Law. The committee
consists of the Governor, the Controller, the Director of Finance,
the Treasurer, and the secretary, or their designated
representatives. The Treasurer shall serve as chairperson of the
committee. A majority of the committee may act for the committee.
(b) For purposes of the State General Obligation Bond Law, the
secretary is designated the "board."
5096.363. The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this
chapter to carry out Section 5096.310 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.
5096.364. 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 maturing
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 which is necessary to collect that additional sum.
5096.365. 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 necessary to carry out Section 5096.366, appropriated
without regard to fiscal years.
5096.366. For 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 to be sold for the purpose of carrying out this
chapter. Any amount withdrawn shall be deposited in the fund. Any
money made available under this section shall be returned to the
General Fund from proceeds received from the sale of bonds for the
purpose of carrying out this chapter.
5096.367. 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. These costs
shall be shared proportionally by each program funded through this
bond act.
5096.367.5. Actual costs incurred in connection with
administering programs authorized under the categories specified in
Section 5096.310 shall be paid from the funds authorized by this act.
5096.368. The secretary 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 purposes of
carrying out this chapter. The amount of the request shall not
exceed the amount of the unsold bonds that the committee, by
resolution, has authorized to be sold for the purpose of carrying out
this chapter. The secretary shall execute any 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 by the
board in accordance with this chapter.
5096.369. All money deposited in the fund that is derived from
premium and accrued interest on bonds sold shall be reserved in the
fund and shall be available for transfer to the General Fund as a
credit to expenditures for bond interest.
5096.370. The bonds 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 of
the issuance of the bonds described in this chapter includes the
approval of the issuance of any bonds to refund any bonds originally
issued under this chapter or any previously issued refunding bonds.
5096.371. Notwithstanding any provision of this chapter or the
State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this chapter that include a bond counsel opinion to the
effect that the interest on the bonds is excluded from gross income
for federal tax purposes, subject to designated conditions, the
Treasurer may maintain separate accounts for the investment of bond
proceeds and the investment earnings on those proceeds. The
Treasurer may use or direct the use of those proceeds or earnings to
pay any rebate, penalty, or other payment required under federal law
or to take any other action with respect to the investment and use of
bond proceeds required or desirable under federal law 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.
5096.372. The Legislature hereby finds and declares that,
inasmuch as the proceeds from the sale of bonds authorized by this
chapter are not "proceeds of taxes" as that term is used in Article
XIIIB of the California Constitution, the disbursement of these
proceeds is not subject to the limitations imposed by that article.
SEC. 2. Section 1 of this act shall take effect upon adoption by
the voters of the Watershed, Wildlife, and Parks Improvement Bond Act
of 1998, as set forth in Section 1 of this act.
SEC. 3. (a) Notwithstanding the requirements of Sections 9040,
9043, 9044, 9061, and 9082 of the Elections Code, or any other
provision of law, the Secretary of State shall submit Section 1 of
this act to the voters at the November 3, 1998, direct primary
election.
(b) The Secretary of State shall ensure the placement of Section 1
of this act on the November 3, 1998, statewide ballot, in accordance
with provisions of the Government Code and the Elections Code
governing the submission of statewide measures to the voters.
(c) The Secretary of State shall include, in the ballot pamphlet
mailed pursuant to Section 9094 of the Elections Code, the
information specified in Section 9084 of the Elections Code regarding
the bond act set forth in Section 1 of this act.
SEC. 4. (a) Notwithstanding any other provision of law, with
respect to the Watershed, Wildlife, and Parks Improvement Bond Act of
1998, all ballots of the election shall have printed thereon and in
a square thereof, exclusively the words: "Watershed, Wildlife, and
Parks Improvement Bond Act of 1998" and in the same square under
those words, the following in 8-point type: "This act provides eight
hundred forty-nine million five hundred thousand dollars
($849,500,000) to protect watersheds, preserve wildlife areas, repair
damaged park facilities, preserve beaches and coastal areas, protect
old-growth redwood forests, preserve farmlands threatened by urban
sprawl, and employ qualified at-risk youth to improve and repair
state and local parks. (At this point, the Attorney General shall
include the financial impact summary prepared pursuant to Section
9087 of the Elections Code and Section 88003 of the Government Code)."
Opposite the square, there shall be left spaces in which the voters
may place a cross in the manner required by law to indicate whether
they vote for or against the act.
(b) Where the voting in the election is done by means of voting
machines used pursuant to law in a manner that carries out the intent
of this section, the use of the voting machines and the expression
of the voter's choice by means thereof are in compliance with this
section. BOND ACT OF 1998
Article 1. General Provisions
5096.300. This chapter shall be known, and may be cited, as the
Parks and Resources Improvement Bond Act of 1998.
5096.301. The Legislature urgently recommends and respectfully
requests that the people of California approve the Parks and
Resources Improvement Bond Act of 1998, as set forth in this chapter.
This chapter, among other things, addresses the critical need for
park, recreation, and conservation area and facility funding by
authorizing the sale of a moderate amount of general obligation bonds
that must be used judiciously.