Amended in Assembly April 13, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2444


Introduced by Assembly Member Eduardo Garcia

February 19, 2016


An act to add Chapter 14 (commencing with Section 5880) to Division 5 of the Public Resources Code, relating to abegin insert parks,end insert water, climate, and coastal protection and outdoor access for all program, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds.

LEGISLATIVE COUNSEL’S DIGEST

AB 2444, as amended, Eduardo Garcia. Californiabegin insert Parks,end insert Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2016.

Under existing law, programs have been established pursuant to bond acts for, among other things, the development and enhancement of state and local parks and recreational facilities.

This bill would enact the Californiabegin insert Parks,end insert 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 abegin insert parks,end insert water, climate, and coastal protection and outdoor access for all program.

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

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Chapter 14 (commencing with Section 5880) is
2added to Division 5 of the Public Resources Code, to read:

3 

4Chapter  14. Californiabegin insert Parks,end insert Water, Climate, and
5Coastal Protection and Outdoor Access For All Act of
62016
7

7 

8Article 1.  General Provisions
9

 

10

5880.  

(a) The people of California find and declare all of the
11following:

12(1) From California’s beautiful rivers, streams, coastal
13shorelines, and other waterways, to our federal, state, local, and
14regional parks and outdoor settings, to our vast network of trails
15connecting people with natural landscapes, Californians value the
16rich diversity of outdoor experiences afforded to this state and its
17citizens.

18(2) There has not been a “true” park and outdoors bond approved
19by the voters of this state since 2002.

20(3) Demand for local parks has exceeded available funding by
21a factor of 8 to 1, with particularly high demand in urban,
22disadvantaged communities.

23(4) Many Californians across the state lack access to safe parks,
24trails, and recreation areas, which limits their ability to experience
25the outdoors, improve their physical and emotional health, exercise,
26and connect with their communities.

27(5) Investments to create and improve parks and recreation
28areas, and to create trail networks that provide access from
29neighborhoods to parks and recreational opportunities, will help
30ensure all Californians have access to safe places to exercise and
31enjoy recreational activities.

32(6) The California Center for Public Health Advocacy estimates
33that inactivity and obesity cost California over forty billion dollars
34($40,000,000,000) annually, through increased health care costs
35and lost productivity due to obesity-related illnesses, and that even
P3    1modest increases in physical activity would result in significant
2savings. Investments in infrastructure improvements such as biking
3and walking trails and pathways, whether in urban or natural areas,
4are cost-effective ways to promote physical activity.

5(7) Continued investments in the state’s parks, trails, and natural
6resources, and greening urban areas will mitigate the effects of
7climate change, making cities more livable, and will protect
8California’s natural resources for future generations.

9(8) California’s outdoor recreation economy represents an
10eighty-seven-billion-dollar ($87,000,000,000) industry, providing
11over 700,000 jobs and billions of dollars in local and state revenues.

12(9) California’s state, local, and regional park system
13infrastructure and national park system infrastructure is aging out
14and a significant infusion of capital is required to protect this
15investment.

16(10) There has been a historic underinvestment in parks, trails,
17and outdoor infrastructure in disadvantaged areas and many
18communities throughout California.

19(11) Tourism is a growing industry in California and remains
20an economic driver for the more rural parts of the state.

21(b) It is the intent of the people of California that all of the
22following shall occur in the implementation of this chapter:

23(1) The investment of public funds pursuant to this chapter will
24result in public benefits that address the most critical statewide
25needs and priorities for public funding.

26(2) In the appropriation and expenditure of funding authorized
27by this chapter, priority will be given to projects that leverage
28private, federal, or local funding or produce the greatest public
29benefit.

30(3) The funding authorized by this chapter will support
31implementation of the recommendations contained in the Parks
32Forward Commission Plan released in February 2015.

33(4) To the extent practicable, a project that receives moneys
34pursuant to this chapter will include signage informing the public
35that the project received funds from the Californiabegin insert Parks,end insert Water,
36Climate, and Coastal Protection and Outdoor Access For All Act
37of 2016.

begin insert

38
(5) To the extent practicable, when developing program
39guidelines for urban recreation projects and habitat protection or
40restoration projects, administering entities are encouraged to give
P4    1favorable consideration to projects that provide urban recreation
2and protect or restore natural resources. Additionally, the entities
3may pool funding for these projects.

end insert
4

5880.01.  

The following definitions govern the construction of
5this chapter:

6(a) “Committee” means the Californiabegin insert Parks,end insert Water, Climate,
7Coastal Protection, and Outdoor Access For All Finance Committee
8created by Sectionbegin delete 5887.02.end deletebegin insert 5889.02.end insert

9(b) “Department” means the Department of Parks and
10Recreation.

11(c) “Disadvantaged community” has the same meaning set forth
12in subdivision (g) of Section 75005.

begin insert

13
(d) “District” means any regional park district, regional park
14and open-space district, or regional open-space district formed
15pursuant to Article 3 (commencing with Section 5500) of Chapter
163, any recreation and park district formed pursuant to Chapter 4
17(commencing with Section 5780), or an authority formed pursuant
18to Division 26 (commencing with Section 35100). With respect to
19any community or unincorporated region that is not included within
20a district, and in which no city or county provides parks or
21recreational areas or facilities, “district” also means any other
22entity that is authorized by statute to operate and manage parks
23or recreational areas or facilities, employs a full-time park and
24recreation director, offers year-round park and recreation services
25on land and facilities owned by the entity, and allocates a
26substantial portion of its annual operating budget to parks or
27recreation areas or facilities.

end insert
begin delete

28(d)

end delete

29begin insert(e)end insert “Fund” means the Californiabegin insert Parks,end insert Water, Climate, and
30Coastal Protection and Outdoor Access For All Fund, created by
31Section 5880.08.

begin delete

32(e)

end delete

33begin insert(f)end insert “Severely disadvantaged community” has the same meaning
34set forth in subdivision (g) of Section 75005.

35

5880.02.  

An amount that equals not more than 5 percent of the
36funds allocated for a grant program pursuant to this chapter may
37be used to pay the administrative costs of that program.

38

5880.03.  

(a) Except as provided in subdivision (b), up to 10
39percent of funds allocated for each program funded by this chapter
40may be expended for planning and monitoring necessary for the
P5    1successful design, selection, and implementation of the projects
2authorized under that program. This section shall not otherwise
3restrict funds ordinarily used by an agency for “preliminary plans,”
4“working drawings,” and “construction” as defined in the annual
5Budget Act for a capital outlay project or grant project.begin insert Planning
6may include feasibility studies for environmental site cleanup that
7would further the purpose of a project that is eligible for funding
8under this chapter.end insert

9(b) Funds used for planning projects that benefit disadvantaged
10communities may exceed 10 percent of the funds allocated if the
11state agency administering the moneys determines that there is a
12need for the additional funding.

13

5880.04.  

(a) At least 10 percent of the funds available pursuant
14to each article of this chapter shall be allocated for projects serving
15severely disadvantaged communities.

16(b) Except as provided in subdivision (c), up to 10 percent of
17the funds available pursuant to each article of this chapter may be
18allocated for technical assistance to disadvantaged communities.
19The agency administering the moneys shall operate a
20multidisciplinary technical assistance program for small
21disadvantaged communities.

22(c) Funds used for providing technical assistance to
23disadvantaged communities may exceed 10 percent of the funds
24allocated if the state agency administering the moneys determines
25that there is a need for the additional funding.

26

5880.05.  

Before disbursing grants pursuant to this chapter,
27each state agency that receives funding to administer a competitive
28grant program under this chapter shall do the following:

29 (a) Develop and adopt project solicitation and evaluation
30guidelines. The guidelines shall include monitoring and reporting
31requirements and may include a limitation on the dollar amount
32of grants to be awarded. If the state agency has previously
33developed and adopted project solicitation and evaluation
34guidelines that comply with the requirements of this subdivision,
35it may use those guidelines.

36(b) Conduct three public meetings to consider public comments
37 before finalizing the guidelines. The state agency shall publish the
38draft solicitation and evaluation guidelines on its Internet Web site
39at least 30 days before the public meetings. One meeting shall be
40conducted at a location in northern California, one meeting shall
P6    1be conducted at a location in the central valley of California, and
2one meeting shall be conducted at a location in southern California.

3(c) Submit the guidelines to the Secretary of the Natural
4Resources Agency. The Secretary of the Natural Resources Agency
5shall verify that the guidelines are consistent with applicable
6statutes and for all the purposes enumerated in this chapter. The
7Secretary of the Natural Resources Agency shall post an electronic
8form of the guidelines submitted by state agencies and the
9subsequent verifications on the Natural Resources Agency’s
10Internet Web site.

11(d) Upon adoption, transmit copies of the guidelines to the fiscal
12committees and the appropriate policy committees of the
13Legislature.

14

5880.06.  

(a) The Department of Finance shall provide for an
15independent audit of expenditures pursuant to this chapter. The
16Secretary of the Natural Resources Agency shall publish a list of
17all program and project expenditures pursuant to this chapter not
18less than annually, in written form, and shall post an electronic
19form of the list on the agency’s Internet Web site.

20(b) If an audit, required by statute, of any entity that receives
21funding authorized by this chapter is conducted pursuant to state
22law and reveals any impropriety, the California State Auditor or
23the Controller may conduct a full audit of any or all of the activities
24of that entity.

25(c) The state agency issuing any grant with funding authorized
26by this chapter shall require adequate reporting of the expenditures
27of the funding from the grant.

28

5880.07.  

A project whose application includes the use of
29services of the California Conservation Corps or certified
30community conservation corps, as defined in Section 14507.5,
31begin delete mayend deletebegin insert shallend insert be given preference for receipt of a grant under this
32chapter.

begin insert
33

begin insert5880.075.end insert  

A project that includes water efficiencies, stormwater
34capture, or carbon sequestration features in the project design
35may be given priority for grant funding under this chapter.

end insert
36

5880.08.  

The proceeds of bonds issued and sold pursuant to
37this chapter shall be deposited in the Californiabegin insert Parks,end insert Water,
38Climate, and Coastal Protection and Outdoor Access For All Fund,
39which is hereby created in the State Treasury.

P7    1

5880.09.  

The Legislature may enact legislation necessary to
2implement programs funded by this chapter.

3 

4Article 2.  Investments in Environmental and Social Equity,
5Enhancing California’s Disadvantaged Communities
6

 

7

5881.  

(a) The sum of _____ dollars ($_____) shall be available
8to the department, upon appropriation by the Legislature, for the
9creation and expansion of safe neighborhood parks in park-poor
10neighborhoods in accordance with the Statewide Park Development
11and Community Revitalization Act of 2008’s competitive grant
12program described in Chapter 3.3 (commencing with Section 5640).

13(b) When developing or revising criteria or guidelines for the
14grant program, the department may consider the population
15densities of an applicant in relation to countywide populations,
16comparative income levels, and other poverty-related factors that
17are relative to regionwide statistics.

18 

19Article 3.  Investments in Protecting, Enhancing, and Accessing
20California’s Local and Regional Outdoor Spaces
21

 

22

5882.  

(a) The sum of _____ dollars ($_____) shall be available
23to the department, upon appropriation by the Legislature, for local
24park rehabilitation and improvement grants to local governments
25on a per capita basis. Grant recipients shall be encouraged to utilize
26awards to rehabilitate existing infrastructure and to address
27deficiencies in neighborhoods lacking access to the outdoors.

28(b) Unless the entity has been identified as a disadvantaged
29community, an entity that receives an award pursuant to this section
30shall be required to provide a match of 20 percent as a local share.

begin delete

31(c) Grants available to cities and special districts other than
32regional park districts shall be in an amount not less than _____
33dollars ($_____) per grant. Grants available to counties and
34regional park districts shall be in an amount not less than _____
35dollars ($_____) per grant.

end delete
begin insert
36

begin insert5882.02.end insert  

(a) (1) The department shall allocate 60 percent of
37the funds available pursuant to subdivision (a) of Section 5882 to
38cities and districts, other than a regional park district, regional
39park and open-space district, or regional open-space district. Each
40city’s and district’s allocation shall be in the same ratio as the
P8    1city’s or district’s population is to the combined total of the state’s
2population that is included in incorporated areas and
3unincorporated areas within the district, except that each city or
4district shall be entitled to a minimum allocation of _____ dollars
5($_____). If the boundary of a city overlaps the boundary of a
6district, the population in the overlapping area shall be attributed
7to each jurisdiction in proportion to the extent to which each
8operates and manages parks and recreational areas and facilities
9for that population. If the boundary of a city overlaps the boundary
10of a district, and in the area of overlap the city does not operate
11and manage parks and recreational areas and facilities, all grant
12funds for that area shall be allocated to the district.

13
(2) On or before April 1, 2018, a city and a district that are
14subject to paragraph (1), and whose boundaries overlap, shall
15collaboratively develop and submit to the department a specific
16plan for allocating the grant funds in accordance with the formula
17specified in paragraph (1). If, by that date, the plan has not been
18developed and submitted to the department, the director shall
19determine the allocation of the grant funds between the affected
20jurisdiction.

21
(b) (1) The department shall allocate 40 percent of the funds
22available pursuant to subdivision (a) of Section 5882 to counties
23and regional park districts, regional park and open-space districts,
24and regional open-space districts formed pursuant to Article 3
25(commencing with Section 5500) of Chapter 3.

26
(2) Each county’s allocation under paragraph (1) shall be in
27the same ratio that the county’s population is to the total state
28population, except that each county shall be entitled to a minimum
29allocation of ____ dollars ($____).

30
(3) In any county that embraces all or part of the territory of a
31regional park district, regional park and open-space district, or
32regional open-space district, and whose board of directors is not
33the county board of supervisors, the amount allocated to the county
34shall be apportioned between that district and the county in
35proportion to the population of the county that is included within
36the territory of the district and the population of the county that
37is outside the territory of the district.

38
(c) For the purpose of making the calculations required by this
39section, population shall be determined by the department, in
40cooperation with the Department of Finance, on the basis of the
P9    1most recent verifiable census data and other verifiable population
2data that the department may require to be furnished by the
3applicant city, county, or district.

4
(d) The Legislature intends all recipients of funds pursuant to
5subdivision (a) of Section 5882 to use those funds to supplement
6local revenues in existence on the effective date of the act adding
7this chapter. To receive an allocation pursuant to subdivision (a)
8of Section 5882, the recipient shall not reduce the amount of
9funding otherwise available to be spent on parks or other projects
10eligible for funds under this chapter in its jurisdiction. A one-time
11allocation of other funding that has been expended for parks or
12other projects, but which is not available on an ongoing basis,
13shall not be considered when calculating a recipient’s annual
14expenditures. For purposes of this subdivision, the Controller may
15request fiscal data from recipients for the preceding three fiscal
16years. Each recipient shall furnish the data to the Controller no
17later than 120 days after receiving the request from the Controller.

end insert
begin insert
18

begin insert5882.04.end insert  

(a) The director of the department shall prepare and
19adopt criteria and procedures for evaluating applications for
20grants allocated pursuant to subdivision (a) of Section 5882. The
21application shall be accompanied by certification that the project
22is consistent with the park and recreation element of the applicable
23city or county general plan or the district park recreation plan, as
24the case may be.

25
(b) To utilize available grant funds as effectively as possible,
26overlapping and adjoining jurisdictions and applicants with similar
27objectives are encouraged to combine projects and submit a joint
28application. A recipient may allocate all or a portion of its per
29capita share for a regional or state project.

30
(c) The director of the department shall annually forward a
31statement of the total amount to be appropriated each fiscal year
32for projects approved for grants pursuant to this article to the
33Director of Finance for inclusion in the annual Budget Act. A list
34of eligible jurisdictions and the amount of grant funds to be
35allocated to each jurisdiction shall also be made available by the
36department.

37
(d) Funds appropriated pursuant to this article shall be
38encumbered by the recipient within three years from the date the
39appropriation is effective. Regardless of the date of encumbrance
40of the granted funds, the recipient is expected to complete all
P10   1funded projects within eight years of the effective date of the
2appropriation.

end insert
3

begin delete5882.02.end delete
4
begin insert 5882.06.end insert  

The sum of _____ dollars ($_____) shall be available
5to the department, upon appropriation by the Legislature, for grants
6to regional park districts, counties, open-space districts, open-space
7authorities, and eligible nonprofit organizations on a competitive
8grant basis to expand, rehabilitate,begin delete andend deletebegin insert orend insert restorebegin insert parks and parkend insert
9 facilities, including trails, that facilitate new or enhanced use and
10enhanced user experiences.

11 

12Article 4.  Restoring California’s Natural, Historic, and Cultural
13Legacy
14

 

15

5883.  

(a) The sum of _____ dollars ($_____) shall be available
16to the department, upon appropriation by the Legislature, for
17restoration and preservation of existing state park facilities and
18units to preserve and increase public access to those facilities and
19units and to protect the natural, cultural, and historic resources of
20those facilities and units.

21(b) Of the amount made available pursuant to this section, not
22less than 80 percent shall be available for capital improvements
23that address the department’s backlog of deferred maintenance.

begin insert

24
(c) The amount made available pursuant to subdivision (a), less
25the amount made available for capital improvements pursuant to
26subdivision (b), shall be allocated as follows:

end insert
begin insert

27
(1) The sum of ____ dollars ($____) shall be available to the
28department for enterprise projects that facilitate new or enhanced
29park use and user experiences and increase revenue generation
30to support operations of the department.

end insert
begin insert

31
(2) The sum of ___ dollars ($____) shall be available to the
32department for grants to local agencies that operate a unit of the
33state park system.

end insert

34 

35Article 5.  Trails and Waterfront Greenway Investment
36

 

37

5884.  

(a) The sum of _____ dollars ($_____) shall be available
38to the Natural Resources Agency, upon appropriation by the
39Legislature, for competitive grants to local agencies, state
40conservancies, federally recognized Native American tribes,
P11   1nonfederally recognized California Native American tribes listed
2on the California Tribal Consultation List maintained by the Native
3American Heritage Commission, and nonprofit organizations to
4provide nonmotorized infrastructure development and
5enhancements that promote new or alternate access tobegin insert parks,end insert
6 waterways, outdoor recreational pursuits, and forested or other
7natural environments to encourage health-related commuting and
8opportunities for Californians to reconnect with nature.

9(b) Of the amount made available pursuant to this section, up
10to 25 percent may be made available to communities for innovative
11transportation programs that provide new and expanded outdoor
12experiences to disadvantaged youth.

13(c) Alignment, development, and improvement of nonmotorized
14infrastructure and trails that lead to safer interconnectivity between
15parks, waterways, and natural areasbegin delete shallend deletebegin insert mayend insert be encouraged.

16(d) The Natural Resources Agency is encouraged, when
17designing guidelines, for grants awarded under this article, to utilize
18existing program guidelines including, if applicable, guidelines
19that have been established for the California Recreational Trails
20Act (Article 6 (commencing with Section 5070) ofbegin delete Chapter 1), the
21California River Parkways Act of 2004 (Chapter 3.8 (commencing
22with Section 5750)),end delete
begin insert Chapter 1)end insert and the Active Transportation
23Program (Chapter 8 (commencing with Section 2380) of Division
243 of the Streets and Highway Code).

25 

26Article 6.  Rural Recreation, Tourism, and Economic Enrichment
27Investment
28

 

29

5885.  

(a) The sum of _____ dollars ($_____) shall be available
30to the department, upon appropriation by the Legislature, to
31administer a competitive grant program for cities, counties, and
32districts in nonurbanized areas, as defined in subdivision (e) of
33Section 5621, that are eligible for a grant under the
34Roberti-Z’berg-Harris Urban Open-Space and Recreation Program
35Act (Chapter 3.2 (commencing with Section 5620)). In awarding
36the grants, the department may consider the following factors:

begin delete

37(1) Whether the project proposes to acquire and develop lands
38to enhance residential recreation while promoting the quality of
39tourism experiences and the economic vitality of the community.
P12   1These enhancements may include trails, bikeways, regional or
2 destination-oriented recreational amenities, and visitor centers.

3(2)

end delete

4begin insert(1)end insert Whether the project would provide new recreational
5opportunities in rural communities that have demonstrated
6deficiencies and lack of outdoor infrastructure in support of
7economic and health-related goals.

begin insert

8
(2) Whether the project proposes to acquire and develop lands
9to enhance residential recreation while promoting the quality of
10tourism experiences and the economic vitality of the community.
11These enhancements may include trails, bikeways, regional or
12destination-oriented recreational amenities, and visitor centers.

end insert
begin insert

13
(3) Whether the project includes collaboration between public
14and nonprofit organizations, including, but not limited to, nonprofit
15land trusts, to facilitate public access to privately-owned lands for
16regional trail development for wildlife viewing, recreation, or
17outdoor experiences for youth.

end insert

18(b) Unless the entity has been identified as a disadvantaged
19community, an entity that receives an award under this article shall
20be required to provide a match of 20 percent.

21 

22Article 7.  California Clean Water, Coastal, and Watershed
23Cobenefit Program
24

 

25

5886.  

(a) The sum ofbegin delete one hundredend delete _____ dollars ($_____)
26shall be available to the Natural Resources Agency, upon
27appropriation by the Legislature, for grants pursuant to the
28California River Parkway Act of 2004 (Chapter 3.8 (commencing
29with Section 5750)).

30(b) Unless the entity has been identified as a disadvantaged
31community, an entity that receives an award under this article shall
32be required to provide a match of 20 percent.

33(c) To maximize cooperation and leverage resources, the Natural
34Resources Agency may give priority to projects that include
35partnerships among federal, state, and local agencies and to projects
36proposed by nonprofitbegin delete organizations within the local land trust
37communities.end delete
begin insert organizations, including, but not limited to, nonprofit
38land trusts.end insert

begin insert

39
(d) Not less than __ percent of the amount made available
40pursuant to this section shall be allocated for project grants to
P13   1protect and enhance an urban creek, as defined in subdivision (e)
2of Section 7048 of the Water Code, and its tributaries, pursuant
3to Division 22.8 (commencing with Section 32600), Division 23
4(commencing with Section 33000), and Section 79508 of the Water
5Code.

end insert

6 

7Article 7.5.  State Conservancy Funding
8

 

9

begin delete5886.02.end delete
10
begin insert 5887.end insert  

The sum of _____ dollars ($_____) shall be available,
11upon appropriation by the Legislature, in accordance with the
12following schedule, to fulfill the purposes of the specified entity:

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

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

15(c) Coachella Mountains Conservancy, _____ dollars ($_____).

16(d) Sacramento-San Joaquin Delta Conservancy, _____ dollars
17($_____).

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

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

20(g) San Gabriel and Lower Los Angeles Rivers and Mountains
21Conservancy, _____ dollars ($_____).

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

23(i) Santa Monica Mountains Conservancy, _____ dollars
24($_____).

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

26(k) State Coastal Conservancy, _____ dollars ($_____). Of this
27amount, not less than 40 percent shall go toward the San Francisco
28Bay Area Conservancy Program (Chapter 4.5 (commencing with
29Section 31160) of Division 21).

30

begin delete5886.04.end delete
31
begin insert 5887.02.end insert  

The Legislature shall strive to consider population
32size, land mass, and natural resource significance as factors when
33determining the amount of any other funds to be given to an entity
34described in Sectionbegin delete 5886.02.end deletebegin insert 5887.end insert

35 

36Article 8.  Climatebegin insert Preparednessend insert and Habitat Resiliency
37

 

38

begin delete5886.5.end delete
39
begin insert 5888.end insert  

The sum of _____ dollars ($_____) shall be available
40
begin insert to plan, develop, and implement climate adaptation and resiliency
P14   1projects that improve a community’s ability to adapt to the
2unavoidable impacts of climate change. Projects shall improve
3and protect coastal and rural economies, agricultural viability,
4wildlife corridors, or habitat, develop future recreational
5opportunities, or enhance drought tolerance and water retention,
6in accordance with the following schedule:end insert

7begin insert(a)end insertbegin insertend insertbegin insert____ dollars ($____) shall be availableend insert to the Wildlife
8Conservation Board for grants for the protection and expansion of
9wildlife corridors, including projects to improve connectivity
10between habitat areas, for projects to improve climate adaptation
11and resilience of natural systems, and for projects to protect and
12improve existingbegin delete open spaceend deletebegin insert openend insertbegin insert-spaceend insert corridors and trail linkages
13related to utility or transportation infrastructure that provide habitat
14connectivity and public access or trails.

begin insert

15
(b) ___ dollars ($____) shall be available for deposit into the
16California Climate Resilience Account, established pursuant to
17Section 31012, for projects that assist coastal communities,
18especially those reliant on commercial fisheries, with adaptation
19to climate change, including projects that address ocean
20acidification, sea level rise, or the protection of habitat associated
21with the Pacific Flyway.

end insert
begin insert

22
(c) ____ dollars ($____) shall be available for projects that
23improve agricultural and open-space soil health, to improve carbon
24soil sequestration, water quality, and water retention, or projects
25that replace inefficient groundwater pumps.

end insert
begin insert

26
(d) ____ dollars ($____) shall be available for projects that
27reduce fire risk, improve forest health, and provide feedstock for
28compost, energy, or alternative fuels facilities.

end insert

29 

30Article 9.  Fiscal Provisions
31

 

32

begin delete5887.end delete
33
begin insert 5889.end insert  

(a) Bonds in the total amount of _____ dollars ($_____),
34not including the amount of any refunding bonds issued in
35accordance with Sectionbegin delete 5887.12,end deletebegin insert 5889.12,end insert may be issued and sold
36to provide a fund to be used for carrying out the purposes expressed
37in this chapter and to reimburse the General Obligation Bond
38Expense Revolving Fund pursuant to Section 16724.5 of the
39Government Code. The bonds, when sold, shall be and constitute
40a valid and binding obligation of the State of California, and the
P15   1full faith and credit of the State of California is hereby pledged
2for the punctual payment of both the principal of, and interest on,
3the bonds as the principal and interest become due and payable.

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

9

begin delete5887.01.end delete
10
begin insert 5889.01.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 delete5887.02.end delete
17
begin insert 5889.02.end insert  

(a) Solely for the purpose of authorizing the issuance
18and sale, pursuant to the State General Obligation Bond Law
19(Chapter 4 (commencing with Section 16720) of Part 3 of Division
204 of Title 2 of the Government Code), of the bonds authorized by
21this chapter, the Californiabegin insert Parks,end insert Water, Climate, and Coastal
22Protection and Outdoor Access For All Finance Committee is
23hereby created. For purposes of this chapter, the Californiabegin insert Parks,end insert
24 Water, Climate, and Coastal Protection and Outdoor Access For
25All Finance Committee is the “committee” as that term is used in
26the State General Obligation Bond Law.

27(b) The committee consists of the Director of Finance, the
28Treasurer, and the Controller. Notwithstanding any other provision
29of law, any member may designate a representative to act as that
30member in his or her place for all purposes, as though the member
31were personally present.

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

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

34

begin delete5887.03.end delete
35
begin insert 5889.03.end insert  

The committee shall determine whether or not it is
36necessary or desirable to issue bonds authorized by this chapter in
37order to carry out the actions specified in this chapter and, if so,
38the amount of bonds to be issued and sold. Successive issues of
39bonds may be authorized and sold to carry out those actions
P16   1progressively, and it is not necessary that all of the bonds
2authorized to be issued be sold at any one time.

3

begin delete5887.04.end delete
4
begin insert 5889.04.end insert  

For purposes of the State General Obligation Bond
5Law, “board,” as defined in Section 16722 of the Government
6Code, means the Secretary of the Natural Resources Agency.

7

begin delete5887.05.end delete
8
begin insert 5889.05.end insert  

There shall be collected each year and in the same
9manner and at the same time as other state revenue is collected,
10in addition to the ordinary revenues of the state, a sum in an amount
11required to pay the principal of, and interest on, the bonds each
12year. It is the duty of all officers charged by law with any duty in
13regard to the collection of the revenue to do and perform each and
14every act that is necessary to collect that additional sum.

15

begin delete5887.06.end delete
16
begin insert 5889.06.end insert  

Notwithstanding Section 13340 of the Government
17Code, there is hereby appropriated from the General Fund in the
18State Treasury, for the purposes of this chapter, an amount that
19will equal the total of the following:

20(a) The sum annually necessary to pay the principal of, and
21interest on, bonds issued and sold pursuant to this chapter, as the
22principal and interest become due and payable.

23(b) The sum that is necessary to carry out the provisions of
24Sectionbegin delete 5887.09,end deletebegin insert 5889.09,end insert appropriated without regard to fiscal
25years.

26

begin delete5887.07.end delete
27
begin insert 5889.07.end insert  

The board may request the Pooled Money Investment
28Board to make a loan from the Pooled Money Investment Account
29in accordance with Section 16312 of the Government Code for the
30purpose of carrying out this chapter less any amount withdrawn
31pursuant to Sectionbegin delete 5887.09.end deletebegin insert 5889.09.end insert The amount of the request
32shall not exceed the amount of the unsold bonds that the committee
33has, by resolution, authorized to be sold for the purpose of carrying
34out this chapter. The board shall execute those documents required
35by the Pooled Money Investment Board to obtain and repay the
36loan. Any amounts loaned shall be deposited in the fund to be
37allocated in accordance with this chapter.

38

begin delete5887.08.end delete
39
begin insert 5889.08.end insert  

Notwithstanding any other provision of this chapter,
40or of the State General Obligation Bond Law, if the Treasurer sells
P17   1bonds that include a bond counsel opinion to the effect that the
2interest on the bonds is excluded from gross income for federal
3tax purposes under designated conditions or is otherwise entitled
4to any federal tax advantage, the Treasurer may maintain separate
5accounts for the bond proceeds invested and for the investment
6earnings on those proceeds, and may use or direct the use of those
7proceeds or earnings to pay any rebate, penalty, or other payment
8required under federal law or take any other action with respect
9to the investment and use of those bond proceeds, as may be
10required or desirable under federal law in order to maintain the
11tax-exempt status of those bonds and to obtain any other advantage
12under federal law on behalf of the funds of this state.

13

begin delete5887.09.end delete
14
begin insert 5889.09.end insert  

For the purposes of carrying out this chapter, the
15Director of Finance may authorize the withdrawal from the General
16Fund of an amount or amounts not to exceed the amount of the
17unsold bonds that have been authorized by the committee to be
18sold for the purpose of carrying out this chapter less any amount
19borrowed pursuant to Sectionbegin delete 5887.07.end deletebegin insert 5889.09.end insert Any amounts
20withdrawn shall be deposited in the fund. Any moneys made
21available under this section shall be returned to the General Fund,
22with interest at the rate earned by the moneys in the Pooled Money
23Investment Account, from proceeds received from the sale of bonds
24for the purpose of carrying out this chapter.

25

begin delete5887.10.end delete
26
begin insert 5889.10.end insert  

All moneys deposited in the fund that are derived
27from premium and accrued interest on bonds sold pursuant to this
28chapter shall be reserved in the fund and shall be available for
29transfer to the General Fund as a credit to expenditures for bond
30interest, except that amounts derived from premiums may be
31reserved and used to pay the cost of bond issuance prior to any
32transfer to the General Fund.

33

begin delete5887.11.end delete
34
begin insert 5889.11.end insert  

Pursuant to Chapter 4 (commencing with Section
3516720) of Part 3 of Division 4 of Title 2 of the Government Code,
36the cost of bond issuance shall be paid out of the bond proceeds,
37including premiums, if any. To the extent the cost of bond issuance
38is not paid from premiums received from the sale of bonds, these
39costs shall be shared proportionately by each program funded
40through this chapter by the applicable bond sale.

P18   1

begin delete5887.12.end delete
2
begin insert 5889.12.end insert  

The bonds issued and sold pursuant to this chapter
3may be refunded in accordance with Article 6 (commencing with
4Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of
5the Government Code, which is a part of the State General
6Obligation Bond Law. Approval by the voters of the state for the
7issuance of the bonds under this chapter shall include approval of
8the issuance of any bonds issued to refund any bonds originally
9issued under this chapter or any previously issued refunding bonds.

10

begin delete5887.13.end delete
11
begin insert 5889.13.end insert  

The proceeds from the sale of bonds authorized by
12this chapter are not “proceeds of taxes” as that term is used in
13Article XIII B of the California Constitution, and the disbursement
14of these proceeds is not subject to the limitations imposed by that
15article.

16

SEC. 2.  

(a) Notwithstanding the requirements of Sections
179040, 9043, 9044, 9061, and 9082 of the Elections Code, or any
18other law, the Secretary of State shall submit this act to the voters
19at the November 8, 2016, statewide general election.

20(b) The Secretary of State shall include in the ballot pamphlets
21mailed pursuant to Section 9094 of the Elections Code the
22information specified in Section 9084 of the Elections Code
23regarding the bond act contained in this act. If that inclusion is not
24possible, the Secretary of State shall publish a supplemental ballot
25pamphlet regarding this act to be mailed with the ballot pamphlet.
26 If the supplemental ballot pamphlet cannot be mailed with the
27ballot pamphlet, the supplemental ballot pamphlet shall be mailed
28separately.

29(c) Notwithstanding Section 9054 of the Elections Code or any
30other law, the translations of the ballot title and the condensed
31statement of the ballot title required pursuant to Section 9054 of
32the Elections Code may be made available for public examination
33at a later date than the start of the public examination period for
34the ballot pamphlet, provided that the translations of the ballot title
35and the condensed statement of the ballot title must remain
36available for public examination for eight days.

37(d) Notwithstanding Section 13282 of the Elections Code or
38any other law, the public shall be permitted to examine the
39condensed statement of the ballot title for not more than eight days.
40Any voter may seek a writ of mandate for the purpose of requiring
P19   1the condensed statement of the ballot title, or portion thereof, to
2be amended or deleted only within that eight-day period.

3

SEC. 3.  

This act shall take effect upon approval by the voters
4of the Californiabegin insert Parks,end insert Water, Climate, and Coastal Protection
5and Outdoor Access For All Act, as set forth in Section 1 of this
6act.



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