Amended in Assembly April 26, 2016

Amended in Assembly April 13, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 a parks, water, climate, and coastal protection and outdoor access for all program, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds.

LEGISLATIVE COUNSEL’S DIGEST

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

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

This bill would enact the California Parks, Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2016, which, if approved by the voters, would authorize the issuance of bonds in begin delete an unspecified end delete begin insert the end insert amount begin insert of $2,985,000,000 end insert pursuant to the State General Obligation Bond Law to finance a parks, water, climate, and coastal protection and outdoor access for all program.

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

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

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

 

Chapter  14. California Parks, Water, Climate, and
Coastal Protection and Outdoor Access For All Act of
2016

 

Article 1.  General Provisions

 

5880.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5880.01.  

The following definitions govern the construction of
this chapter:

(a) “Committee” means the California Parks, Water, Climate,
Coastal Protection, and Outdoor Access For All Finance Committee
created by Section 5889.02.

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

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

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

(e) “Fund” means the California Parks, Water, Climate, and
Coastal Protection and Outdoor Access For All Fund, created by
Section 5880.08.

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

5880.02.  

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

5880.03.  

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

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

5880.04.  

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

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

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

5880.05.  

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

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

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

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

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

5880.06.  

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

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

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

5880.07.  

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

5880.075.  

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

5880.08.  

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

begin insert

(b) Proceeds of bonds issued and sold pursuant to this chapter
shall be allocated according to the following schedule:

end insert begin insert

(1) Nine hundred ninety-five million dollars ($995,000,000) for
purposes of Article 2 (commencing with Section 5881).

end insert begin insert

(2) Nine hundred ninety-five million dollars ($995,000,000) for
purposes of Article 3 (commencing with Section 5882), Article 4
(commencing with Section 5883), Article 5 (commencing with
Section 5884), and Article 6 (commencing with Section 5885).

end insert begin insert

(3) Nine hundred ninety-five million dollars ($995,000,000) for
purposes of Article 7 (commencing with Section 5886), Article 7.5
(commencing with Section 5887), and Article 8 (commencing with
Section 5888).

end insert

5880.09.  

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

 

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

 

5881.  

(a)  begin delete The end delete begin insert Pursuant to Section 5880.08, the end insert sum of begin delete _____ end delete
begin insert nine hundred ninety-five million end insert dollars begin delete ($_____) end delete begin insert ($995,000,000) end insert
shall be available to the department, upon appropriation by the
Legislature, for the creation and expansion of safe neighborhood
parks in park-poor neighborhoods in accordance with the Statewide
Park Development and Community Revitalization Act of 2008’s
competitive grant program described in Chapter 3.3 (commencing
with Section 5640).

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

 

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

 

5882.  

(a)  begin delete The end delete begin insert Pursuant to Section 5880.08, the end insert sum of _____
dollars ($_____) shall be available to the department, upon
appropriation by the Legislature, for local park rehabilitation and
improvement grants to local governments on a per capita basis.
Grant recipients shall be encouraged to utilize awards to rehabilitate
existing infrastructure and to address deficiencies in neighborhoods
lacking access to the outdoors.

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

5882.02.  

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

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

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

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

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

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

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

5882.04.  

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

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

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

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

5882.06.  

begin delete The end delete begin insert Pursuant to Section 5880.08, the end insert sum of _____
dollars ($_____) shall be available to the department, upon
appropriation by the Legislature, for grants to regional park
districts, counties, open-space districts, open-space authorities,
and eligible nonprofit organizations on a competitive grant basis
to expand, rehabilitate, or restore parks and park facilities,
including trails, that facilitate new or enhanced use and enhanced
user experiences.

 

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

 

5883.  

(a)  begin delete The end delete begin insert Pursuant to Section 5880.08, the end insert sum of _____
dollars ($_____) shall be available to the department, upon
appropriation by the Legislature, for restoration and preservation
of existing state park facilities and units to preserve and increase
public access to those facilities and units and to protect the natural,
cultural, and historic resources of those facilities and units.

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

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

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

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

 

Article 5.  Trails and Waterfront Greenway Investment

 

5884.  

(a)  begin delete The end delete begin insert Pursuant to Section 5880.08, the end insert sum of _____
dollars ($_____) shall be available to the Natural Resources
Agency, upon appropriation by the Legislature, for competitive
grants to local agencies, state conservancies, federally recognized
Native American tribes, nonfederally recognized California Native
American tribes listed on the California Tribal Consultation List
maintained by the Native American Heritage Commission, and
nonprofit organizations to provide nonmotorized infrastructure
development and enhancements that promote new or alternate
access to parks, waterways, outdoor recreational pursuits, and
forested or other natural environments to encourage health-related
commuting and opportunities for Californians to reconnect with
nature.

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

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

(d) The Natural Resources Agency is encouraged, when
designing guidelines, for grants awarded under this article, to utilize
existing program guidelines including, if applicable, guidelines
that have been established for the California Recreational Trails
Act (Article 6 (commencing with Section 5070) of Chapter 1) and
the Active Transportation Program (Chapter 8 (commencing with
Section 2380) of Division 3 of the Streets and Highway Code).

 

Article 6.  Rural Recreation, Tourism, and Economic Enrichment
Investment

 

5885.  

(a)  begin delete The end delete begin insert Pursuant to Section 5880.08, the end insert sum of _____
dollars ($_____) shall be available to the department, upon
appropriation by the Legislature, to administer a competitive grant
program for cities, counties, and districts in nonurbanized areas,
as defined in subdivision (e) of Section 5621, that are eligible for
a grant under the Roberti-Z’berg-Harris Urban Open-Space and
Recreation Program Act (Chapter 3.2 (commencing with Section
5620)). In awarding the grants, the department may consider the
following factors:

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

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

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

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

 

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

 

5886.  

(a)  begin delete The end delete begin insert Pursuant to Section 5880.08, the end insert sum of _____
dollars ($_____) shall be available to the Natural Resources
Agency, upon appropriation by the Legislature, for grants pursuant
to the California River Parkway Act of 2004 (Chapter 3.8
(commencing with Section 5750)).

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

(c) To maximize cooperation and leverage resources, the Natural
Resources Agency may give priority to projects that include
partnerships among federal, state, and local agencies and to projects
proposed by nonprofit organizations, including, but not limited to,
nonprofit land trusts.

(d) Not less than __ percent of the amount made available
pursuant to this section shall be allocated for project grants to
protect and enhance an urban creek, as defined in subdivision (e)
of Section 7048 of the Water Code, and its tributaries, pursuant to
Division 22.8 (commencing with Section 32600), Division 23
(commencing with Section 33000), and Section 79508 of the Water
Code. begin insert Money allocated pursuant to this subdivision shall be equally
divided between projects in areas described in Division 22.8
(commencing with Section 32600) and projects in areas described
in Division 23 (commencing with Section 33000). end insert

 

Article 7.5.  State Conservancy Funding

 

5887.  

begin delete The end delete begin insert Pursuant to Section 5880.08, the end insert sum of _____
dollars ($_____) shall be available, upon appropriation by the
Legislature, in accordance with the following schedule, to fulfill
the purposes of the specified entity:

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

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

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

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

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

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

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

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

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

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

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

5887.02.  

The Legislature shall strive to consider population
size, land mass, and natural resource significance as factors when
determining the amount of any other funds to be given to an entity
described in Section 5887.

 

Article 8.  Climate Preparedness and Habitat Resiliency

 

5888.  

begin delete The end delete begin insert Pursuant to Section 5880.08, the end insert sum of _____
dollars ($_____) shall be available to plan, develop, and implement
climate adaptation and resiliency projects that improve a
community’s ability to adapt to the unavoidable impacts of climate
change. Projects shall improve and protect coastal and rural
economies, agricultural viability, wildlife corridors, or habitat,
develop future recreational opportunities, or enhance drought
tolerance and water retention, in accordance with the following
schedule:

(a) ____ dollars ($____) shall be available to the Wildlife
Conservation Board for grants for the protection and expansion of
wildlife corridors, including projects to improve connectivity
between habitat areas, for projects to improve climate adaptation
and resilience of natural systems, and for projects to protect and
improve existing open-space corridors and trail linkages related
to utility or transportation infrastructure that provide habitat
connectivity and public access or trails.

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

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

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

begin insert

(e) _____ dollars ($_____) shall be available to the California
Conservation Corps for projects to rehabilitate or improve parks
and restore watersheds, including regional and community fuel
load reduction projects on public lands, and stream and river
restoration projects. Not less than 50 percent of these funds shall
be in the form of grants to certified local community conservation
corps, as defined in Section 14507.5.

end insert

 

Article 9.  Fiscal Provisions

 

5889.  

(a) Bonds in the total amount of begin delete _____ end delete begin insert two billion nine
hundred eighty-five million end insert dollars begin delete ($_____), end delete begin insert ($2,985,000,000), end insert
not including the amount of any refunding bonds issued in
accordance with Section 5889.12, may be issued and sold to
provide a fund to be used for carrying out the purposes expressed
in this chapter and to reimburse the General Obligation Bond
Expense Revolving Fund pursuant to Section 16724.5 of the
Government Code. The bonds, when sold, shall be and constitute
a valid and binding obligation of the State of California, and the
full faith and credit of the State of California is hereby pledged
for the punctual payment of both the principal of, and interest on,
the bonds as the principal and interest become due and payable.

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

5889.01.  

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

5889.02.  

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

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

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

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

5889.03.  

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

5889.04.  

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

5889.05.  

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

5889.06.  

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

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

(b) The sum that is necessary to carry out the provisions of
Section 5889.09, appropriated without regard to fiscal years.

5889.07.  

The board may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account
in accordance with Section 16312 of the Government Code for the
purpose of carrying out this chapter less any amount withdrawn
pursuant to Section 5889.09. The amount of the request shall not
exceed the amount of the unsold bonds that the committee has, by
resolution, authorized to be sold for the purpose of carrying out
this chapter. The board shall execute those documents required by
the Pooled Money Investment Board to obtain and repay the loan.
Any amounts loaned shall be deposited in the fund to be allocated
in accordance with this chapter.

5889.08.  

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

5889.09.  

For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General
Fund of an amount or amounts not to exceed the amount of the
unsold bonds that have been authorized by the committee to be
sold for the purpose of carrying out this chapter less any amount
borrowed pursuant to Section 5889.09. Any amounts withdrawn
shall be deposited in the fund. Any moneys made available under
this section shall be returned to the General Fund, with interest at
the rate earned by the moneys in the Pooled Money Investment
Account, from proceeds received from the sale of bonds for the
purpose of carrying out this chapter.

5889.10.  

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

5889.11.  

Pursuant to Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code,
the cost of bond issuance shall be paid out of the bond proceeds,
including premiums, if any. To the extent the cost of bond issuance
is not paid from premiums received from the sale of bonds, these
costs shall be shared proportionately by each program funded
through this chapter by the applicable bond sale.

5889.12.  

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

5889.13.  

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

SEC. 2.  

(a) Notwithstanding the requirements of Sections
9040, 9043, 9044, 9061, and 9082 of the Elections Code, or any
other law, the Secretary of State shall submit this act to the voters
at the November 8, 2016, statewide general election.

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

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

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

SEC. 3.  

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