Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2444


Introduced by Assembly Member Eduardo Garcia

February 19, 2016


begin deleteAn act relating to public resources. end deletebegin insertAn act to add Chapter 14 (commencing with Section 5880) to Division 5 of the Public Resources Code, relating to a 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.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2444, as amended, Eduardo Garcia. begin deleteCalifornia Water Quality, Coastal Protection, and Outdoor Access Improvement Act of 2016. end deletebegin insertCalifornia Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2016.end insert

begin insert

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.

end insert
begin insert

This bill would enact the California 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 pursuant to the State General Obligation Bond Law to finance a water, climate, and coastal protection and outdoor access for all program.

end insert
begin insert

The bill would provide for the submission of these provisions to the voters at the November 8, 2016, statewide general election.

end insert
begin delete

Existing law declares that parks, wildlife habitat, beaches, and open-space lands are vital to maintaining the quality of life in California. 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.

end delete
begin delete

This bill would declare the intent of the Legislature to enact the California Water Quality, Coastal Protection, and Outdoor Access Improvement Act of 2016, which would authorize the issuance of bonds to finance a water quality, coastal protection, and outdoor access improvement program.

end delete

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertChapter 14 (commencing with Section 5880) is
2added to Division 5 of the end insert
begin insertPublic Resources Codeend insertbegin insert, to read:end insert

begin insert

3 

4Chapter  begin insert14.end insert California Water, Climate, and Coastal
5Protection and Outdoor Access For All Act of 2016
6

6 

7Article begin insert1.end insert  General Provisions
8

 

9

begin insert5880.end insert  

(a) The people of California find and declare all of the
10following:

11(1) From California’s beautiful rivers, streams, coastal
12shorelines, and other waterways, to our federal, state, local, and
13regional parks and outdoor settings, to our vast network of trails
14connecting people with natural landscapes, Californians value
15the rich diversity of outdoor experiences afforded to this state and
16its citizens.

17(2) There has not been a “true” park and outdoors bond
18approved by the voters of this state since 2002.

19(3) Demand for local parks has exceeded available funding by
20a factor of 8 to 1, with particularly high demand in urban,
21disadvantaged communities.

22(4) Many Californians across the state lack access to safe parks,
23trails, and recreation areas, which limits their ability to experience
24the outdoors, improve their physical and emotional health,
25exercise, and connect with their communities.

P3    1(5) Investments to create and improve parks and recreation
2areas, and to create trail networks that provide access from
3neighborhoods to parks and recreational opportunities, will help
4ensure all Californians have access to safe places to exercise and
5enjoy recreational activities.

6(6) The California Center for Public Health Advocacy estimates
7that inactivity and obesity cost California over forty billion dollars
8($40,000,000,000) annually, through increased health care costs
9and lost productivity due to obesity-related illnesses, and that even
10modest increases in physical activity would result in significant
11savings. Investments in infrastructure improvements such as biking
12and walking trails and pathways, whether in urban or natural
13areas, are cost-effective ways to promote physical activity.

14(7) Continued investments in the state’s parks, trails, and natural
15resources, and greening urban areas will mitigate the effects of
16climate change, making cities more livable, and will protect
17California’s natural resources for future generations.

18(8) California’s outdoor recreation economy represents an
19eighty-seven-billion-dollar ($87,000,000,000) industry, providing
20over 700,000 jobs and billions of dollars in local and state
21revenues.

22(9) California’s state, local, and regional park system
23infrastructure and national park system infrastructure is aging
24out and a significant infusion of capital is required to protect this
25investment.

26(10) There has been a historic underinvestment in parks, trails,
27and outdoor infrastructure in disadvantaged areas and many
28communities throughout California.

29(11) Tourism is a growing industry in California and remains
30an economic driver for the more rural parts of the state.

31(b) It is the intent of the people of California that all of the
32following shall occur in the implementation of this chapter:

33(1) The investment of public funds pursuant to this chapter will
34result in public benefits that address the most critical statewide
35needs and priorities for public funding.

36(2) In the appropriation and expenditure of funding authorized
37by this chapter, priority will be given to projects that leverage
38private, federal, or local funding or produce the greatest public
39benefit.

P4    1(3) The funding authorized by this chapter will support
2implementation of the recommendations contained in the Parks
3Forward Commission Plan released in February 2015.

4(4) To the extent practicable, a project that receives moneys
5pursuant to this chapter will include signage informing the public
6that the project received funds from the California Water, Climate,
7and Coastal Protection and Outdoor Access For All Act of 2016.

8

begin insert5880.01.end insert  

The following definitions govern the construction of
9this chapter:

10(a) “Committee” means the California Water, Climate, Coastal
11Protection, and Outdoor Access For All Finance Committee
12created by Section 5887.02.

13(b) “Department” means the Department of Parks and
14Recreation.

15(c) “Disadvantaged community” has the same meaning set forth
16in subdivision (g) of Section 75005.

17(d) “Fund” means the California Water, Climate, and Coastal
18Protection and Outdoor Access For All Fund, created by Section
195880.08.

20(e) “Severely disadvantaged community” has the same meaning
21set forth in subdivision (g) of Section 75005.

22

begin insert5880.02.end insert  

An amount that equals not more than 5 percent of the
23funds allocated for a grant program pursuant to this chapter may
24be used to pay the administrative costs of that program.

25

begin insert5880.03.end insert  

(a) Except as provided in subdivision (b), up to 10
26percent of funds allocated for each program funded by this chapter
27may be expended for planning and monitoring necessary for the
28successful design, selection, and implementation of the projects
29authorized under that program. This section shall not otherwise
30restrict funds ordinarily used by an agency for “preliminary
31plans,” “working drawings,” and “construction” as defined in
32the annual Budget Act for a capital outlay project or grant project.

33(b) Funds used for planning projects that benefit disadvantaged
34communities may exceed 10 percent of the funds allocated if the
35state agency administering the moneys determines that there is a
36need for the additional funding.

37

begin insert5880.04.end insert  

(a) At least 10 percent of the funds available pursuant
38to each article of this chapter shall be allocated for projects serving
39severely disadvantaged communities.

P5    1(b) Except as provided in subdivision (c), up to 10 percent of
2the funds available pursuant to each article of this chapter may
3be allocated for technical assistance to disadvantaged communities.
4The agency administering the moneys shall operate a
5multidisciplinary technical assistance program for small
6disadvantaged communities.

7(c) Funds used for providing technical assistance to
8disadvantaged communities may exceed 10 percent of the funds
9allocated if the state agency administering the moneys determines
10that there is a need for the additional funding.

11

begin insert5880.05.end insert  

Before disbursing grants pursuant to this chapter,
12each state agency that receives funding to administer a competitive
13grant program under this chapter shall do the following:

14 (a) Develop and adopt project solicitation and evaluation
15guidelines. The guidelines shall include monitoring and reporting
16requirements and may include a limitation on the dollar amount
17of grants to be awarded. If the state agency has previously
18developed and adopted project solicitation and evaluation
19guidelines that comply with the requirements of this subdivision,
20it may use those guidelines.

21(b) Conduct three public meetings to consider public comments
22 before finalizing the guidelines. The state agency shall publish the
23draft solicitation and evaluation guidelines on its Internet Web
24site at least 30 days before the public meetings. One meeting shall
25be conducted at a location in northern California, one meeting
26shall be conducted at a location in the central valley of California,
27and one meeting shall be conducted at a location in southern
28California.

29(c) Submit the guidelines to the Secretary of the Natural
30Resources Agency. The Secretary of the Natural Resources Agency
31shall verify that the guidelines are consistent with applicable
32statutes and for all the purposes enumerated in this chapter. The
33Secretary of the Natural Resources Agency shall post an electronic
34form of the guidelines submitted by state agencies and the
35subsequent verifications on the Natural Resources Agency’s
36Internet Web site.

37(d) Upon adoption, transmit copies of the guidelines to the fiscal
38committees and the appropriate policy committees of the
39Legislature.

P6    1

begin insert5880.06.end insert  

(a) The Department of Finance shall provide for an
2independent audit of expenditures pursuant to this chapter. The
3Secretary of the Natural Resources Agency shall publish a list of
4all program and project expenditures pursuant to this chapter not
5less than annually, in written form, and shall post an electronic
6form of the list on the agency’s Internet Web site.

7(b) If an audit, required by statute, of any entity that receives
8funding authorized by this chapter is conducted pursuant to state
9law and reveals any impropriety, the California State Auditor or
10the Controller may conduct a full audit of any or all of the activities
11of that entity.

12(c) The state agency issuing any grant with funding authorized
13by this chapter shall require adequate reporting of the expenditures
14of the funding from the grant.

15

begin insert5880.07.end insert  

A project whose application includes the use of
16services of the California Conservation Corps or certified
17community conservation corps, as defined in Section 14507.5, may
18be given preference for receipt of a grant under this chapter.

19

begin insert5880.08.end insert  

The proceeds of bonds issued and sold pursuant to
20this chapter shall be deposited in the California Water, Climate,
21and Coastal Protection and Outdoor Access For All Fund, which
22is hereby created in the State Treasury.

23

begin insert5880.09.end insert  

The Legislature may enact legislation necessary to
24implement programs funded by this chapter.

25 

26Article begin insert2.end insert  Investments in Environmental and Social Equity,
27Enhancing California’s Disadvantaged Communities
28

 

29

begin insert5881.end insert  

(a) The sum of _____ dollars ($_____) shall be available
30to the department, upon appropriation by the Legislature, for the
31creation and expansion of safe neighborhood parks in park-poor
32neighborhoods in accordance with the Statewide Park Development
33and Community Revitalization Act of 2008’s competitive grant
34program described in Chapter 3.3 (commencing with Section
355640).

36(b) When developing or revising criteria or guidelines for the
37grant program, the department may consider the population
38densities of an applicant in relation to countywide populations,
39comparative income levels, and other poverty-related factors that
40are relative to regionwide statistics.

 

P7    1Article begin insert3.end insert  Investments in Protecting, Enhancing, and Accessing
2California’s Local and Regional Outdoor Spaces
3

 

4

begin insert5882.end insert  

(a) The sum of _____ dollars ($_____) shall be available
5to the department, upon appropriation by the Legislature, for local
6park rehabilitation and improvement grants to local governments
7on a per capita basis. Grant recipients shall be encouraged to
8utilize awards to rehabilitate existing infrastructure and to address
9deficiencies in neighborhoods lacking access to the outdoors.

10(b) Unless the entity has been identified as a disadvantaged
11community, an entity that receives an award pursuant to this
12section shall be required to provide a match of 20 percent as a
13local share.

14(c) Grants available to cities and special districts other than
15regional park districts shall be in an amount not less than _____
16dollars ($_____) per grant. Grants available to counties and
17regional park districts shall be in an amount not less than _____
18dollars ($_____) per grant.

19

begin insert5882.02.end insert  

The sum of _____ dollars ($_____) shall be available
20to the department, upon appropriation by the Legislature, for
21grants to regional park districts, counties, open-space districts,
22open-space authorities, and eligible nonprofit organizations on a
23competitive grant basis to expand, rehabilitate, and restore
24facilities, including trails, that facilitate new or enhanced use and
25enhanced user experiences.

26 

27Article begin insert4.end insert  Restoring California’s Natural, Historic, and Cultural
28Legacy
29

 

30

begin insert5883.end insert  

(a) The sum of _____ dollars ($_____) shall be available
31to the department, upon appropriation by the Legislature, for
32restoration and preservation of existing state park facilities and
33units to preserve and increase public access to those facilities and
34units and to protect the natural, cultural, and historic resources
35of those facilities and units.

36(b) Of the amount made available pursuant to this section, not
37less than 80 percent shall be available for capital improvements
38that address the department’s backlog of deferred maintenance.

 

P7    1Article begin insert5.end insert  Trails and Waterfront Greenway Investment
2

 

3

begin insert5884.end insert  

(a) The sum of _____ dollars ($_____) shall be available
4to the Natural Resources Agency, upon appropriation by the
5Legislature, for competitive grants to local agencies, state
6conservancies, federally recognized Native American tribes,
7nonfederally recognized California Native American tribes listed
8on the California Tribal Consultation List maintained by the Native
9American Heritage Commission, and nonprofit organizations to
10provide nonmotorized infrastructure development and
11enhancements that promote new or alternate access to waterways,
12outdoor recreational pursuits, and forested or other natural
13environments to encourage health-related commuting and
14opportunities for Californians to reconnect with nature.

15(b) Of the amount made available pursuant to this section, up
16to 25 percent may be made available to communities for innovative
17transportation programs that provide new and expanded outdoor
18experiences to disadvantaged youth.

19(c) Alignment, development, and improvement of nonmotorized
20infrastructure and trails that lead to safer interconnectivity between
21parks, waterways, and natural areas shall be encouraged.

22(d) The Natural Resources Agency is encouraged, when
23designing guidelines, for grants awarded under this article, to
24utilize existing program guidelines including, if applicable,
25guidelines that have been established for the California
26Recreational Trails Act (Article 6 (commencing with Section 5070)
27of Chapter 1), the California River Parkways Act of 2004 (Chapter
283.8 (commencing with Section 5750)), and the Active
29Transportation Program (Chapter 8 (commencing with Section
302380) of Division 3 of the Streets and Highway Code).

31 

32Article begin insert6.end insert  Rural Recreation, Tourism, and Economic Enrichment
33Investment
34

 

35

begin insert5885.end insert  

(a) The sum of _____ dollars ($_____) shall be available
36to the department, upon appropriation by the Legislature, to
37administer a competitive grant program for cities, counties, and
38districts in nonurbanized areas, as defined in subdivision (e) of
39Section 5621, that are eligible for a grant under the
40Roberti-Z’berg-Harris Urban Open-Space and Recreation
P9    1Program Act (Chapter 3.2 (commencing with Section 5620)). In
2awarding the grants, the department may consider the following
3factors:

4(1) Whether the project proposes to acquire and develop lands
5to enhance residential recreation while promoting the quality of
6tourism experiences and the economic vitality of the community.
7These enhancements may include trails, bikeways, regional or
8 destination-oriented recreational amenities, and visitor centers.

9(2) Whether the project would provide new recreational
10opportunities in rural communities that have demonstrated
11deficiencies and lack of outdoor infrastructure in support of
12economic and health-related goals.

13(b) Unless the entity has been identified as a disadvantaged
14community, an entity that receives an award under this article
15shall be required to provide a match of 20 percent.

16 

17Article begin insert7.end insert  California Clean Water, Coastal, and Watershed
18Cobenefit Program
19

 

20

begin insert5886.end insert  

(a) The sum of one hundred _____ dollars ($_____)
21shall be available to the Natural Resources Agency, upon
22appropriation by the Legislature, for grants pursuant to the
23California River Parkway Act of 2004 (Chapter 3.8 (commencing
24with Section 5750)).

25(b) Unless the entity has been identified as a disadvantaged
26community, an entity that receives an award under this article
27shall be required to provide a match of 20 percent.

28(c) To maximize cooperation and leverage resources, the
29Natural Resources Agency may give priority to projects that
30include partnerships among federal, state, and local agencies and
31to projects proposed by nonprofit organizations within the local
32land trust communities.

33 

34Article begin insert7.5.end insert  State Conservancy Funding
35

 

36

begin insert5886.02.end insert  

The sum of _____ dollars ($_____) shall be available,
37upon appropriation by the Legislature, in accordance with the
38following schedule, to fulfill the purposes of the specified entity:

39(a) Baldwin Hills Conservancy, _____ dollars ($_____).

40(b) California Tahoe Conservancy, _____ dollars ($_____).

P10   1(c) Coachella Mountains Conservancy, _____ dollars ($_____).

2(d) Sacramento-San Joaquin Delta Conservancy, _____ dollars
3($_____).

4(e) Salton Sea Authority, _____ dollars ($_____).

5(f) San Diego River Conservancy, _____ dollars ($_____).

6(g) San Gabriel and Lower Los Angeles Rivers and Mountains
7Conservancy, _____ dollars ($_____).

8(h) San Joaquin River Conservancy, _____ dollars ($_____).

9(i) Santa Monica Mountains Conservancy, _____ dollars
10($_____).

11(j) Sierra Nevada Conservancy, _____ dollars ($_____).

12(k) State Coastal Conservancy, _____ dollars ($_____). Of this
13amount, not less than 40 percent shall go toward the San Francisco
14Bay Area Conservancy Program (Chapter 4.5 (commencing with
15Section 31160) of Division 21).

16

begin insert5886.04.end insert  

The Legislature shall strive to consider population
17size, land mass, and natural resource significance as factors when
18determining the amount of any other funds to be given to an entity
19described in Section 5886.02.

20 

21Article begin insert8.end insert  Climate and Habitat Resiliency
22

 

23

begin insert5886.5.end insert  

The sum of _____ dollars ($_____) shall be available
24to the Wildlife Conservation Board for grants for the protection
25and expansion of wildlife corridors, including projects to improve
26connectivity between habitat areas, for projects to improve climate
27adaptation and resilience of natural systems, and for projects to
28protect and improve existing open space corridors and trail
29linkages related to utility or transportation infrastructure that
30provide habitat connectivity and public access or trails.

31 

32Article begin insert9.end insert  Fiscal Provisions
33

 

34

begin insert5887.end insert  

(a) Bonds in the total amount of _____ dollars ($_____),
35not including the amount of any refunding bonds issued in
36accordance with Section 5887.12, may be issued and sold to
37provide a fund to be used for carrying out the purposes expressed
38in this chapter and to reimburse the General Obligation Bond
39Expense Revolving Fund pursuant to Section 16724.5 of the
40Government Code. The bonds, when sold, shall be and constitute
P11   1a valid and binding obligation of the State of California, and the
2full faith and credit of the State of California is hereby pledged
3for the punctual payment of both the principal of, and interest on,
4the bonds as the principal and interest become due and payable.

5(b) The Treasurer shall sell the bonds authorized by the
6committee pursuant to this section. The bonds shall be sold upon
7the terms and conditions specified in a resolution to be adopted
8by the committee pursuant to Section 16731 of the Government
9Code.

10

begin insert5887.01.end insert  

The bonds authorized by this chapter shall be
11prepared, executed, issued, sold, paid, and redeemed as provided
12in the State General Obligation Bond Law (Chapter 4 (commencing
13with Section 16720) of Part 3 of Division 4 of Title 2 of the
14Government Code), and all of the provisions of that law apply to
15the bonds and to this chapter.

16

begin insert5887.02.end insert  

(a) Solely for the purpose of authorizing the issuance
17and sale, pursuant to the State General Obligation Bond Law
18(Chapter 4 (commencing with Section 16720) of Part 3 of Division
194 of Title 2 of the Government Code), of the bonds authorized by
20this chapter, the California Water, Climate, and Coastal Protection
21and Outdoor Access For All Finance Committee is hereby created.
22For purposes of this chapter, the California Water, Climate, and
23Coastal Protection and Outdoor Access For All Finance Committee
24is the “committee” as that term is used in the State General
25Obligation Bond Law.

26(b) The committee consists of the Director of Finance, the
27Treasurer, and the Controller. Notwithstanding any other provision
28of law, any member may designate a representative to act as that
29member in his or her place for all purposes, as though the member
30were personally present.

31(c) The Treasurer shall serve as the chair of the committee.

32(d) A majority of the committee may act for the committee.

33

begin insert5887.03.end insert  

The committee shall determine whether or not it is
34necessary or desirable to issue bonds authorized by this chapter
35in order to carry out the actions specified in this chapter and, if
36so, the amount of bonds to be issued and sold. Successive issues
37of bonds may be authorized and sold to carry out those actions
38progressively, and it is not necessary that all of the bonds
39authorized to be issued be sold at any one time.

P12   1

begin insert5887.04.end insert  

For purposes of the State General Obligation Bond
2Law, “board,” as defined in Section 16722 of the Government
3Code, means the Secretary of the Natural Resources Agency.

4

begin insert5887.05.end insert  

There shall be collected each year and in the same
5manner and at the same time as other state revenue is collected,
6in addition to the ordinary revenues of the state, a sum in an
7amount required to pay the principal of, and interest on, the bonds
8each year. It is the duty of all officers charged by law with any
9duty in regard to the collection of the revenue to do and perform
10each and every act that is necessary to collect that additional sum.

11

begin insert5887.06.end insert  

Notwithstanding Section 13340 of the Government
12Code, there is hereby appropriated from the General Fund in the
13State Treasury, for the purposes of this chapter, an amount that
14will equal the total of the following:

15(a) The sum annually necessary to pay the principal of, and
16interest on, bonds issued and sold pursuant to this chapter, as the
17principal and interest become due and payable.

18(b) The sum that is necessary to carry out the provisions of
19Section 5887.09, appropriated without regard to fiscal years.

20

begin insert5887.07.end insert  

The board may request the Pooled Money Investment
21Board to make a loan from the Pooled Money Investment Account
22in accordance with Section 16312 of the Government Code for the
23purpose of carrying out this chapter less any amount withdrawn
24pursuant to Section 5887.09. The amount of the request shall not
25exceed the amount of the unsold bonds that the committee has, by
26resolution, authorized to be sold for the purpose of carrying out
27this chapter. The board shall execute those documents required
28by the Pooled Money Investment Board to obtain and repay the
29loan. Any amounts loaned shall be deposited in the fund to be
30allocated in accordance with this chapter.

31

begin insert5887.08.end insert  

Notwithstanding any other provision of this chapter,
32or of the State General Obligation Bond Law, if the Treasurer
33sells bonds that include a bond counsel opinion to the effect that
34the interest on the bonds is excluded from gross income for federal
35tax purposes under designated conditions or is otherwise entitled
36to any federal tax advantage, the Treasurer may maintain separate
37accounts for the bond proceeds invested and for the investment
38earnings on those proceeds, and may use or direct the use of those
39proceeds or earnings to pay any rebate, penalty, or other payment
40required under federal law or take any other action with respect
P13   1to the investment and use of those bond proceeds, as may be
2required or desirable under federal law in order to maintain the
3tax-exempt status of those bonds and to obtain any other advantage
4under federal law on behalf of the funds of this state.

5

begin insert5887.09.end insert  

For the purposes of carrying out this chapter, the
6Director of Finance may authorize the withdrawal from the
7General Fund of an amount or amounts not to exceed the amount
8of the unsold bonds that have been authorized by the committee
9to be sold for the purpose of carrying out this chapter less any
10amount borrowed pursuant to Section 5887.07. Any amounts
11withdrawn shall be deposited in the fund. Any moneys made
12available under this section shall be returned to the General Fund,
13with interest at the rate earned by the moneys in the Pooled Money
14Investment Account, from proceeds received from the sale of bonds
15for the purpose of carrying out this chapter.

16

begin insert5887.10.end insert  

All moneys deposited in the fund that are derived
17from premium and accrued interest on bonds sold pursuant to this
18chapter shall be reserved in the fund and shall be available for
19transfer to the General Fund as a credit to expenditures for bond
20interest, except that amounts derived from premiums may be
21reserved and used to pay the cost of bond issuance prior to any
22transfer to the General Fund.

23

begin insert5887.11.end insert  

Pursuant to Chapter 4 (commencing with Section
2416720) of Part 3 of Division 4 of Title 2 of the Government Code,
25the cost of bond issuance shall be paid out of the bond proceeds,
26including premiums, if any. To the extent the cost of bond issuance
27is not paid from premiums received from the sale of bonds, these
28costs shall be shared proportionately by each program funded
29through this chapter by the applicable bond sale.

30

begin insert5887.12.end insert  

The bonds issued and sold pursuant to this chapter
31may be refunded in accordance with Article 6 (commencing with
32Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of
33the Government Code, which is a part of the State General
34Obligation Bond Law. Approval by the voters of the state for the
35issuance of the bonds under this chapter shall include approval
36of the issuance of any bonds issued to refund any bonds originally
37issued under this chapter or any previously issued refunding bonds.

38

begin insert5887.13.end insert  

The proceeds from the sale of bonds authorized by
39this chapter are not “proceeds of taxes” as that term is used in
40Article XIII B of the California Constitution, and the disbursement
P14   1of these proceeds is not subject to the limitations imposed by that
2article.

end insert
3begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

(a) Notwithstanding the requirements of Sections 9040,
49043, 9044, 9061, and 9082 of the Elections Code, or any other
5law, the Secretary of State shall submit this act to the voters at the
6November 8, 2016, statewide general election.

end insert
begin insert

7(b) The Secretary of State shall include in the ballot pamphlets
8mailed pursuant to Section 9094 of the Elections Code the
9information specified in Section 9084 of the Elections Code
10regarding the bond act contained in this act. If that inclusion is
11not possible, the Secretary of State shall publish a supplemental
12ballot pamphlet regarding this act to be mailed with the ballot
13pamphlet. If the supplemental ballot pamphlet cannot be mailed
14with the ballot pamphlet, the supplemental ballot pamphlet shall
15be mailed separately.

end insert
begin insert

16(c) Notwithstanding Section 9054 of the Elections Code or any
17other law, the translations of the ballot title and the condensed
18statement of the ballot title required pursuant to Section 9054 of
19the Elections Code may be made available for public examination
20at a later date than the start of the public examination period for
21the ballot pamphlet, provided that the translations of the ballot
22title and the condensed statement of the ballot title must remain
23available for public examination for eight days.

end insert
begin insert

24(d) Notwithstanding Section 13282 of the Elections Code or
25any other law, the public shall be permitted to examine the
26condensed statement of the ballot title for not more than eight
27days. Any voter may seek a writ of mandate for the purpose of
28requiring the condensed statement of the ballot title, or portion
29thereof, to be amended or deleted only within that eight-day period.

end insert
30begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

This act shall take effect upon approval by the voters
31of the California Water, Climate, and Coastal Protection and
32Outdoor Access For All Act, as set forth in Section 1 of this act.

end insert
begin delete
33

SECTION 1.  

It is the intent of the Legislature to enact the
34California Water Quality, Coastal Protection, and Outdoor Access
35Improvement Act of 2016, which would authorize the issuance of
36bonds to finance a water quality, coastal protection, and outdoor
37access improvement program.

end delete


O

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