Amended in Assembly June 1, 2016

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 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 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 thosebegin delete funds.end deletebegin insert funds, and declaring the urgency thereof, to take effect immediately.end insert

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 the amount of $2,985,000,000 pursuant to the State General Obligation Bond Law to finance a parks, water, climate, and coastal protection and outdoor access for all program.

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

begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

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. California Parks, 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.

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

end delete
begin delete

20(3)

end delete

21begin insert(2)end insert Demand for local parks has exceeded available funding by
22a factor of 8 to 1, with particularly high demand in urban,
23disadvantaged communities.

begin delete

24(4)

end delete

25begin insert(3)end insert Many Californians across the state lack access to safe parks,
26trails, and recreation areas, which limits their ability to experience
27the outdoors, improve their physical and emotional health, exercise,
28and connect with their communities.

begin delete

29(5)

end delete

P3    1begin insert(4)end insert 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.

begin delete

6(6)

end delete

7begin insert(5)end insert The California Center for Public Health Advocacy estimates
8that inactivity and obesity cost California over forty billion dollars
9($40,000,000,000) annually, through increased health care costs
10and lost productivity due to obesity-related illnesses, and that even
11modest increases in physical activity would result in significant
12savings. Investments in infrastructure improvements such as biking
13and walking trails and pathways, whether in urban or natural areas,
14are cost-effective ways to promote physical activity.

begin delete

15(7)

end delete

16begin insert(6)end insert Continued investments in the state’s parks, trails, and natural
17resources, and greening urban areas willbegin insert helpend insert mitigate the effects
18of climate change, making cities more livable, and will protect
19California’s natural resources for future generations.

begin delete

20(8)

end delete

21begin insert(7)end insert California’s outdoor recreation economy represents an
22eighty-seven-billion-dollar ($87,000,000,000) industry, providing
23over 700,000 jobs and billions of dollars in local and state revenues.

begin delete

24(9)

end delete

25begin insert(8)end insert California’s state, local, and regional park system
26infrastructure and national park system infrastructure is agingbegin delete outend delete
27 and a significant infusion of capital is required to protect this
28investment.

begin delete

29(10)

end delete

30begin insert(9)end insert There has been a historic underinvestment in parks, trails,
31and outdoor infrastructure in disadvantaged areas and many
32communities throughout California.

begin delete

33(11)

end delete

34begin insert(10)end insert Tourism is a growing industry in California and remains
35an economic driver for the more rural parts of the state.

36(b) It is the intent of the people of California that all of the
37following shall occur in the implementation of this chapter:

38(1) The investment of public funds pursuant to this chapter will
39result in public benefits that address the most critical statewide
40needs and priorities for public funding.

P4    1(2) In the appropriation and expenditure of funding authorized
2by this chapter, priority will be given to projects that leverage
3private, federal, or local funding or produce the greatest public
4benefit.

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5(3) The funding authorized by this chapter will support
6implementation of the recommendations contained in the Parks
7Forward Commission Plan released in February 2015.

end delete
begin delete

8(4)

end delete

9begin insert(3)end insert To the extent practicable, a project that receives moneys
10pursuant to this chapter will include signage informing the public
11that the project received funds from the California Parks, Water,
12Climate, and Coastal Protection and Outdoor Access For All Act
13of 2016.

begin delete

14(5)

end delete

15begin insert(4)end insert To the extent practicable, when developing program
16guidelines for urban recreation projects and habitat protection or
17restoration projects, administering entities are encouraged to give
18favorable consideration to projects that provide urban recreation
19and protect or restore natural resources. Additionally, the entities
20may pool funding for these projects.

21

5880.01.  

The following definitions govern the construction of
22this chapter:

23(a) “Committee” means the California Parks, Water, Climate,
24Coastal Protection, and Outdoor Access For All Finance Committee
25created by Section 5889.02.

26(b) “Department” means the Department of Parks and
27Recreation.

28(c) “Disadvantaged community” has the same meaning set forth
29in subdivision (g) of Section 75005.

begin delete

30(d) “District” means any regional park district, regional park
31and open-space district, or regional open-space district formed
32pursuant to Article 3 (commencing with Section 5500) of Chapter
333, any recreation and park district formed pursuant to Chapter 4
34(commencing with Section 5780), or an authority formed pursuant
35to Division 26 (commencing with Section 35100). With respect
36to any community or unincorporated region that is not included
37within a district, and in which no city or county provides parks or
38recreational areas or facilities, “district” also means any other
39entity that is authorized by statute to operate and manage parks or
40recreational areas or facilities, employs a full-time park and
P5    1recreation director, offers year-round park and recreation services
2on land and facilities owned by the entity, and allocates a
3substantial portion of its annual operating budget to parks or
4recreation areas or facilities.

end delete
begin delete

5(e)

end delete

6begin insert(d)end insert “Fund” means the California Parks, Water, Climate, and
7 Coastal Protection and Outdoor Access For All Fund, created by
8Section 5880.08.

begin insert

9
(e) “Interpretation” includes, but is not limited to, a
10visitor-serving amenity that enhances the ability to understand
11and appreciate the significance and value of natural, historical,
12and cultural resources and that may utilize educational materials
13in multiple languages, digital information, and the expertise of a
14naturalist or other skilled specialist.

end insert
begin insert

15
(f) “Preservation” means rehabilitation, stabilization,
16restoration, development, and reconstruction, or any combination
17of those activities.

end insert
begin insert

18
(g) “Protection” means those actions necessary to prevent harm
19or damage to persons, property, or natural, cultural, and historic
20resources, actions to improve access to public open-space areas,
21or actions to allow the continued use and enjoyment of property
22or natural, cultural, and historic resources, and includes
23acquisition, development, restoration, preservation, and
24interpretation.

end insert
begin insert

25
(h) “Restoration” means the improvement of physical structures
26or facilities and, in the case of natural systems and landscape
27features, includes, but is not limited to, projects for the control of
28erosion, the control and elimination of exotic species, removal of
29waste and debris, prescribed burning, fuel hazard reduction,
30fencing out threats to existing or restored natural resources, road
31elimination, and other plant and wildlife habitat improvement to
32increase the natural system value of the property. Restoration
33projects shall include the planning, monitoring, and reporting
34necessary to ensure successful implementation of the project
35objectives.

end insert
begin delete

36(f)

end delete

37begin insert(i)end insert “Severely disadvantaged community” has the same meaning
38set forth in subdivision (g) of Section 75005.

P6    1

5880.02.  

An amount that equals not more than 5 percent of the
2funds allocated for a grant program pursuant to this chapter may
3be used to pay the administrative costs of that program.

4

5880.03.  

(a) Except as provided in subdivision (b), up to 10
5percent of funds allocated for each program funded by this chapter
6may be expended for planning and monitoring necessary for the
7successful design, selection, and implementation of the projects
8authorized under that program. This section shall not otherwise
9restrict funds ordinarily used by an agency for “preliminary plans,”
10“working drawings,” and “construction” as defined in the annual
11Budget Act for a capital outlay project or grant project. Planning
12may include feasibility studies for environmental site cleanup that
13would further the purpose of a project that is eligible for funding
14under this chapter.

15(b) Funds used for planning projects that benefit disadvantaged
16communities may exceed 10 percent of the funds allocated if the
17state agency administering the moneys determines that there is a
18need for the additional funding.

19

5880.04.  

(a) At least 10 percent of the funds available pursuant
20to each article of this chapter shall be allocated for projects serving
21severely disadvantaged communities.

22(b) Except as provided in subdivision (c), up to 10 percent of
23the funds available pursuant to each article of this chapter may be
24allocated for technical assistance to disadvantaged communities.
25The agency administering the moneys shall operate a
26multidisciplinary technical assistance program for small
27disadvantaged communities.

28(c) Funds used for providing technical assistance to
29disadvantaged communities may exceed 10 percent of the funds
30allocated if the state agency administering the moneys determines
31that there is a need for the additional funding.

32

5880.05.  

Before disbursing grants pursuant to this chapter,
33each state agency that receives funding to administer a competitive
34grant program under this chapter shall do the following:

35(a) Develop and adopt project solicitation and evaluation
36guidelines. The guidelines shall include monitoring and reporting
37requirements and may include a limitation on the dollar amount
38of grants to be awarded. If the state agency has previously
39developed and adopted project solicitation and evaluation
P7    1guidelines that comply with the requirements of this subdivision,
2it may use those guidelines.

3(b) Conduct three public meetings to consider public comments
4 before finalizing the guidelines. The state agency shall publish the
5draft solicitation and evaluation guidelines on its Internet Web site
6at least 30 days before the public meetings. One meeting shall be
7conducted at a location in northern California, one meeting shall
8be conducted at a location in the central valley of California, and
9one meeting shall be conducted at a location in southern California.

10(c) Submit the guidelines to the Secretary of the Natural
11Resources Agency. The Secretary of the Natural Resources Agency
12shall verify that the guidelines are consistent with applicable
13statutes and for all the purposes enumerated in this chapter. The
14Secretary of the Natural Resources Agency shall post an electronic
15form of the guidelines submitted by state agencies and the
16subsequent verifications on the Natural Resources Agency’s
17Internet Web site.

18(d) Upon adoption, transmit copies of the guidelines to the fiscal
19committees and the appropriate policy committees of the
20Legislature.

21

5880.06.  

(a) The Department of Finance shall provide for an
22independent audit of expenditures pursuant to this chapter. The
23Secretary of the Natural Resources Agency shall publish a list of
24all program and project expenditures pursuant to this chapter not
25less than annually, in written form, and shall post an electronic
26form of the list on the agency’s Internet Web site.

27(b) If an audit, required by statute, of any entity that receives
28funding authorized by this chapter is conducted pursuant to state
29law and reveals any impropriety, the California State Auditor or
30the Controller may conduct a full audit of any or all of the activities
31of that entity.

32(c) The state agency issuing any grant with funding authorized
33by this chapter shall require adequate reporting of the expenditures
34of the funding from the grant.

35

5880.07.  

A project whose application includes the use of
36services of the California Conservation Corps or certified
37community conservation corps, as defined in Section 14507.5,
38shall be given preference for receipt of a grant under thisbegin delete chapter.end delete
39
begin insert chapter whenever feasible.end insert

P8    1

5880.075.  

A project that includes water efficiencies, stormwater
2capture, or carbon sequestration features in the project design may
3be given priority for grant funding under this chapter.

4

5880.08.  

(a) The proceeds of bonds issued and sold pursuant
5to this chapter shall be deposited in the California Parks, Water,
6Climate, and Coastal Protection and Outdoor Access For All Fund,
7which is hereby created in the State Treasury.

8(b) Proceeds of bonds issued and sold pursuant to this chapter
9shall be allocated according to the following schedule:

10(1) Nine hundred ninety-five million dollars ($995,000,000) for
11purposes of Article 2 (commencing with Section 5881).

12(2) Nine hundred ninety-five million dollars ($995,000,000) for
13purposes of Article 3 (commencing with Section 5882), Article 4
14(commencing with Section 5883), Article 5 (commencing with
15Section 5884), and Article 6 (commencing with Section 5885).

16(3) Nine hundred ninety-five million dollars ($995,000,000) for
17purposes of Article 7 (commencing with Section 5886), Article
187.5 (commencing with Section 5887), and Article 8 (commencing
19with Section 5888).

20

5880.09.  

The Legislature may enact legislation necessary to
21implement programs funded by this chapter.

22 

23Article 2.  Investments in Environmental and Social Equity,
24Enhancing California’s Disadvantaged Communities
25

 

26

5881.  

(a) Pursuant to Section 5880.08, the sum of nine hundred
27ninety-five million dollars ($995,000,000) shall be available to the
28department, upon appropriation by the Legislature, for the creation
29and expansion of safe neighborhood parks in park-poor
30neighborhoods in accordance with the Statewide Park Development
31and Community Revitalization Act of 2008’s competitive grant
32program described in Chapter 3.3 (commencing with Section 5640).

33(b) When developing or revising criteria or guidelines for the
34grant program, the department may consider the population
35densities of an applicant in relation to countywide populations,
36comparative income levels, and other poverty-related factors that
37are relative to regionwide statistics.

 

P9    1Article 3.  Investments in Protecting, Enhancing, and Accessing
2California’s Local and Regional Outdoor Spaces
3

 

begin insert
4

begin insert5882.end insert  

For purposes of this article, “district” means any
5regional park district, regional park and open-space district, or
6regional open-space district formed pursuant to Article 3
7(commencing with Section 5500) of Chapter 3, any recreation and
8park district formed pursuant to Chapter 4 (commencing with
9Section 5780), or any authority formed pursuant to Division 26
10(commencing with Section 35100). With respect to any community
11or unincorporated region that is not included within a district,
12and in which no city or county provides parks or recreational
13areas or facilities, “district” also means any other entity that is
14authorized by statute to operate and manage parks or recreational
15areas or facilities, employs a full-time park and recreation director,
16offers year-round park and recreation services on land and
17facilities owned by the entity, and allocates a substantial portion
18of its annual operating budget to parks or recreation areas or
19facilities.

end insert
20

begin delete5882.end delete
21
begin insert 5882.01.end insert  

(a) Pursuant to Section 5880.08, the sum ofbegin delete _____end delete
22begin insert four hundred fifty millionend insert dollarsbegin delete ($_____)end deletebegin insert ($450,000,000)end insert shall
23be available to the department, upon appropriation by the
24Legislature, for local park rehabilitation and improvement grants
25to local governments on a per capita basis. Grant recipients shall
26be encouraged to utilize awards to rehabilitate existing
27infrastructure and to address deficiencies in neighborhoods lacking
28access to the outdoors.

29(b) Unless the entity has been identified as a disadvantaged
30community, an entity that receives an award pursuant to this section
31shall be required to provide a match of 20 percent as a local share.

32

5882.02.  

(a) (1) The department shall allocate 60 percent of
33the funds available pursuant to subdivision (a) of Sectionbegin delete 5882end delete
34begin insert 5882.01end insert to cities and districts, other than a regional park district,
35regional park and open-space district,begin insert open-space authority,end insert or
36regional open-space district. Each city’s and district’s allocation
37shall be in the same ratio as the city’s or district’s population is to
38the combined total of the state’s population that is included in
39 incorporatedbegin delete areasend delete and unincorporated areas within thebegin delete district,end delete
40begin insert county,end insert except that each city or district shall be entitled to a
P10   1minimum allocation ofbegin delete _____end deletebegin insert two hundred fifty thousandend insert dollars
2begin delete ($_____).end deletebegin insert ($250,000).end insert If the boundary of a city overlaps the
3boundary of a district, the population in the overlapping area shall
4be attributed to each jurisdiction in proportion to the extent to
5which each operates and manages parks and recreational areas and
6facilities for that population. If the boundary of a city overlaps the
7boundary of a district, and in the area of overlap the city does not
8operate and manage parks and recreational areas and facilities, all
9grant funds for that area shall be allocated to the district.

10(2) On or before April 1, 2018, a city and a district that are
11subject to paragraph (1), and whose boundaries overlap, shall
12collaboratively develop and submit to the department a specific
13plan for allocating the grant funds in accordance with the formula
14specified in paragraph (1). If, by that date, the plan has not been
15developed and submitted to the department, the director shall
16determine the allocation of the grant funds between the affected
17jurisdiction.

18(b) (1) The department shall allocate 40 percent of the funds
19available pursuant to subdivision (a) of Sectionbegin delete 5882end deletebegin insert 5882.01end insert to
20counties and regional park districts, regional park and open-space
21districts,begin insert open-space authorities formed pursuant to Division 26
22(commencing with Section 35100),end insert
and regional open-space districts
23formed pursuant to Article 3 (commencing with Section 5500) of
24Chapter 3.

25(2) Each county’s allocation under paragraph (1) shall be in the
26same ratio that the county’s population is to the total state
27population, except that each county shall be entitled to a minimum
28allocation ofbegin delete ____end deletebegin insert five hundred thousandend insert dollarsbegin delete ($____).end delete
29
begin insert ($500,000).end insert

30(3) In any county that embraces all or part of the territory of a
31regional park district, regional park and open-space district,
32begin insert open-space authority,end insert or regional open-space district, and whose
33board of directors is not the county board of supervisors, the
34amount allocated to the county shall be apportioned between that
35district and the county in proportion to the population of the county
36that is included within the territory of the district and the population
37of the county that is 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
P11   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 Sectionbegin delete 5882end deletebegin insert 5882.01end insert to use those funds to
6supplement local revenues in existence on the effective date of the
7act adding this chapter. To receive an allocation pursuant to
8subdivision (a) of Sectionbegin delete 5882,end deletebegin insert 5882.01,end insert the recipient shall not
9reduce the amount of funding otherwise available to be spent on
10parks or other projects eligible for funds under this chapter in its
11jurisdiction. A one-time allocation of other funding that has been
12expended for parks or other projects, but which is not available on
13an ongoing basis, shall not be considered when calculating a
14recipient’s annual expenditures. For purposes of this subdivision,
15the Controller may request fiscal data from recipients for the
16preceding three fiscal years. Each recipient shall furnish the data
17to the Controller no later than 120 days after receiving the request
18from the Controller.

19

5882.04.  

(a) The director of the department shall prepare and
20adopt criteria and procedures for evaluating applications for grants
21allocated pursuant to subdivision (a) of Sectionbegin delete 5882.end deletebegin insert 5882.01.end insert
22 The application shall be accompanied by certification that the
23project is consistent with the park and recreation element of the
24applicable city or county general plan or the district park recreation
25plan, as the case may be.

26(b) To utilize available grant funds as effectively as possible,
27overlapping and adjoining jurisdictions and applicants with similar
28objectives are encouraged to combine projects and submit a joint
29application. A recipient may allocate all or a portion of its per
30capita share for a regional or state project.

31(c) The director of the department shall annually forward a
32statement of the total amount to be appropriated each fiscal year
33for projects approved for grants pursuant to this article to the
34Director of Finance for inclusion in the annual Budget Act. A list
35of eligible jurisdictions and the amount of grant funds to be
36allocated to each jurisdiction shall also be made available by the
37department.

38(d) Funds appropriated pursuant to this article shall be
39encumbered by the recipient within three years from the date the
40appropriation is effective. Regardless of the date of encumbrance
P12   1of the granted funds, the recipient is expected to complete all
2funded projects within eight years of the effective date of the
3appropriation.

4

5882.06.  

Pursuant to Section 5880.08, the sum ofbegin delete _____end deletebegin insert one
5hundred twenty millionend insert
dollarsbegin delete ($_____)end deletebegin insert ($120,000,000)end insert shall be
6available to the department, upon appropriation by the Legislature,
7for grants to regional park districts, counties,begin insert regionalend insert open-space
8districts, open-spacebegin delete authorities,end deletebegin insert authorities formed pursuant to
9Division 26 (commencing with Section 35100),end insert
and eligible
10nonprofit organizations on a competitive grant basis to expand,
11rehabilitate, or restore parks and park facilities, including trails,
12that facilitate new or enhanced use and enhanced user experiences.

13 

14Article 4.  Restoring California’s Natural, Historic, and Cultural
15Legacy
16

 

17

5883.  

begin delete(a)end deletebegin deleteend deletePursuant to Section 5880.08, the sum ofbegin delete _____end deletebegin insert three
18hundred twenty-five millionend insert
dollarsbegin delete ($_____)end deletebegin insert ($325,000,000)end insert shall
19be available to the department, upon appropriation by the
20Legislature, for restoration and preservation of existing state park
21 facilities and units to preserve and increase public access to those
22facilities and units and to protect the natural, cultural, and historic
23resources of those facilities andbegin delete units.end deletebegin insert units as follows:end insert

begin delete

24(b) Of the amount made available pursuant to this section, not

end delete

25begin insert(a)end insertbegin insertend insertbegin insertNot end insertless than 80 percent shall be available for capital
26 improvements that address the department’s backlog of deferred
27
begin delete maintenance.end deletebegin insert maintenance or that enhance park access and user
28experiences.end insert

begin delete

29(c) The amount made available pursuant to subdivision (a), less
30the amount made available for capital improvements pursuant to
31subdivision (b), shall be allocated as follows:

end delete
begin delete

32 (1)

end delete

33begin insert (b)end insert The sum ofbegin delete ____end deletebegin insert twenty millionend insert dollarsbegin delete ($____)end delete
34begin insert ($20,000,000)end insert shall be availablebegin delete to the departmentend delete for enterprise
35projects that facilitate new or enhanced park use and user
36experiences and increase revenue generation to support operations
37of the department.

begin delete

38(2)

end delete

P13   1begin insert(c)end insert The sum ofbegin delete ___end deletebegin insert twenty millionend insert dollarsbegin delete ($____)end deletebegin insert ($20,000,000)end insert
2 shall be availablebegin delete to the departmentend delete for grants to local agencies
3that operate a unit of the state park system.

begin insert

4
(d) The sum of five million dollars ($5,000,000) shall be
5available for the planning, development, and implementation of
6climate adaptation projects within units of the state park system.
7Priority shall be given to projects that use natural systems and
8landscape features.

end insert

9 

10Article 5.  Trails and Waterfront Greenway Investment
11

 

12

5884.  

(a) Pursuant to Section 5880.08, the sum ofbegin delete _____end deletebegin insert fifty
13millionend insert
dollarsbegin delete ($_____)end deletebegin insert ($50,000,000)end insert shall be available to the
14Natural Resources Agency, upon appropriation by the Legislature,
15for competitive grants to local agencies, state conservancies,
16federally recognized Native American tribes, nonfederally
17recognized California Native American tribes listed on the
18California Tribal Consultation List maintained by the Native
19American Heritage Commission, and nonprofit organizations to
20provide nonmotorized infrastructure development and
21enhancements that promote new or alternate access to parks,
22waterways, outdoor recreational pursuits, and forested or other
23natural environments to encourage health-related commuting and
24opportunities for Californians to reconnect with nature.

25(b) Of the amount made available pursuant to this section, up
26to 25 percent may be made available to communities for innovative
27transportation programs that provide new and expanded outdoor
28experiences to disadvantaged youth.

29(c) Alignment, development, and improvement of nonmotorized
30infrastructure and trails that lead to safer interconnectivity between
31parks, waterways, and natural areas may be encouraged.

32(d) The Natural Resources Agency is encouraged, when
33designing guidelines, for grants awarded under this article, to utilize
34existing program guidelines including, if applicable, guidelines
35that have been established for the California Recreational Trails
36Act (Article 6 (commencing with Section 5070) of Chapter 1) and
37the Active Transportation Program (Chapter 8 (commencing with
38Section 2380) of Division 3 of the Streets and Highway Code).

 

P9    1Article 6.  Rural Recreation, Tourism, and Economic Enrichment
2Investment
3

 

4

5885.  

(a) Pursuant to Section 5880.08, the sum ofbegin delete _____end deletebegin insert fifty
5millionend insert
dollarsbegin delete ($_____)end deletebegin insert ($50,000,000)end insert shall be available to the
6department, upon appropriation by the Legislature, to administer
7a competitive grant program for cities, counties, and districts in
8nonurbanized areas,begin delete as defined in subdivision (e) of Section 5621,end delete
9 that are eligible for a grant under the Roberti-Z’berg-Harris Urban
10Open-Space and Recreation Program Act (Chapter 3.2
11(commencing with Section 5620)).begin insert Notwithstanding subdivisions
12(c) and (e) of Section 5621 and for the purposes of this section,
13the definition of nonurbanized area shall be updated by the
14department to reflect current population levels. A nonurbanized
15area shall include counties with populations of less than 500,000
16people and low population densities per square mile, as determined
17by the department.end insert
In awarding the grants, the department may
18consider the following factors:

19(1) Whether the project would provide new recreational
20opportunities in rural communities that have demonstrated
21deficiencies and lack of outdoor infrastructure in support of
22economic and health-related goals.

23(2) Whether the project proposes to acquire and develop lands
24to enhance residential recreation while promoting the quality of
25tourism experiences and the economic vitality of the community.
26These enhancements may includebegin insert accessibility for individuals with
27disabilities,end insert
trails, bikeways, regional or destination-oriented
28recreational amenities, and visitor centers.

29(3) Whether the project includes collaboration between public
30and nonprofit organizations, including, but not limited to, nonprofit
31land trusts, to facilitate public access to privately-owned lands for
32regional trail development for wildlife viewing, recreation, or
33outdoor experiences for youth.

34(b) Unless the entity has been identified as a disadvantaged
35community, an entity that receives an award under this article shall
36be required to provide a match of 20 percent.

begin insert

37
(c) In addition to entities described in subdivision (a), an
38irrigation district exercising powers authorized under Section
3922185 of the Water Code is eligible for a grant under this article.

end insert

 

P9    1Article 7.  California Clean Water, Coastal, and Watershed
2Cobenefit Program
3

 

4

5886.  

(a) Pursuant to Section 5880.08, the sum ofbegin delete _____end deletebegin insert two
5hundred millionend insert
dollarsbegin delete ($_____)end deletebegin insert ($200,000,000)end insert shall be available
6to the Natural Resources Agency, upon appropriation by the
7Legislature, for grants pursuant to the California River Parkway
8Act of 2004 (Chapter 3.8 (commencing with Section 5750)).
9
begin insert Eligible projects shall include, but are not limited to, projects that
10protect and enhance urban creeks.end insert

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

14(c) To maximize cooperation and leverage resources, the Natural
15Resources Agency may give priority to projects that include
16partnerships among federal, state, and local agencies and to projects
17proposed by nonprofit organizations, including, but not limited to,
18nonprofit land trusts.

19(d) Not less thanbegin delete __end deletebegin insert 50end insert percent of the amount made available
20pursuant to this section shall be allocated for project grants to
21protect and enhance an urban creek, as defined in subdivision (e)
22of Section 7048 of the Water Code, and its tributaries, pursuant to
23Division 22.8 (commencing with Section 32600), Division 23
24(commencing with Section 33000), and Section 79508 of the Water
25Code. Money allocated pursuant to this subdivision shall be equally
26divided between projects in areas described in Division 22.8
27(commencing with Section 32600) and projects in areas described
28in Division 23 (commencing with Section 33000).

29 

30Article 7.5.  State Conservancy Funding
31

 

32

5887.  

Pursuant to Section 5880.08, the sum ofbegin delete _____end deletebegin insert two
33hundred fifty millionend insert
dollarsbegin delete ($_____)end deletebegin insert ($250,000,000)end insert shall be
34available, upon appropriation by the Legislature, in accordance
35with the following schedule, to fulfill the purposes of the specified
36entity:

37(a) Baldwin Hills Conservancy,begin delete _____end deletebegin insert five millionend insert dollars
38
begin delete ($_____).end deletebegin insert ($5,000,000).end insert

39(b) California Tahoe Conservancy,begin delete _____end deletebegin insert twenty millionend insert dollars
40
begin delete ($_____).end deletebegin insert ($20,000,000).end insert

P16   1(c) Coachella Mountains Conservancy,begin delete _____end deletebegin insert ten millionend insert dollars
2
begin delete ($_____).end deletebegin insert ($10,000,000).end insert

3(d) Sacramento-San Joaquin Delta Conservancy,begin delete _____end deletebegin insert fifteen
4millionend insert
dollarsbegin delete ($_____).end deletebegin insert ($15,000,000).end insert

5(e) Salton Sea Authority,begin delete _____end deletebegin insert twenty-five millionend insert dollars
6
begin delete ($_____).end deletebegin insert ($25,000,000).end insert

7(f) San Diego River Conservancy,begin delete _____end deletebegin insert fifteen millionend insert dollars
8
begin delete ($_____).end deletebegin insert ($15,000,000).end insert

9(g) San Gabriel and Lower Los Angeles Rivers and Mountains
10Conservancy,begin delete _____end deletebegin insert twenty millionend insert dollarsbegin delete ($_____).end delete
11
begin insert ($20,000,000).end insert

12(h) San Joaquin River Conservancy,begin delete _____end deletebegin insert fifteen millionend insert dollars
13
begin delete ($_____).end deletebegin insert ($15,000,000).end insert

14(i) Santa Monica Mountains Conservancy,begin delete _____end deletebegin insert twenty millionend insert
15 dollarsbegin delete ($_____).end deletebegin insert ($20,000,000).end insert

16(j) Sierra Nevada Conservancy,begin delete _____end deletebegin insert twenty-five millionend insert dollars
17
begin delete ($_____).end deletebegin insert ($25,000,000).end insert

18(k) State Coastal Conservancy,begin delete _____end deletebegin insert eighty millionend insert dollars
19begin delete ($_____).end deletebegin insert ($80,000,000).end insert Of this amount, not less than 40 percent
20shall go toward the San Francisco Bay Area Conservancy Program
21(Chapter 4.5 (commencing with Section 31160) of Division 21).

22

5887.02.  

The Legislature shall strive to consider population
23size, land mass, and natural resource significance as factors when
24determining the amount of any other funds to bebegin delete givenend deletebegin insert made
25availableend insert
to an entitybegin delete describedend deletebegin insert listedend insert in Section 5887.

begin insert
26

begin insert5887.03.end insert  

A receiving entity in Section 5887 shall develop and
27adopt a strategic master plan that identifies priorities and specific
28criteria for selecting projects for funding. The strategic plan shall
29include strategies for providing public access to conserved lands
30wherever feasible and be consistent with project goals and
31objectives.

end insert

32 

33Article 8.  Climate Preparedness and Habitat Resiliency
34

 

35

5888.  

Pursuant to Section 5880.08, the sum ofbegin delete _____end deletebegin insert five
36hundred forty-five millionend insert
dollarsbegin delete ($_____)end deletebegin insert ($545,000,000)end insert shall
37be available to plan, develop, and implement climate adaptation
38and resiliency projects that improve a community’s ability to adapt
39to the unavoidable impacts of climate change. Projects shall
40improve and protect coastal and rural economies, agricultural
P17   1viability, wildlife corridors, or habitat, develop future recreational
2opportunities, or enhance drought tolerance and water retention,
3in accordance with the following schedule:

4(a) begin delete____ end deletebegin insertThree hundred million end insertdollarsbegin delete ($____)end deletebegin insert ($300,000,000)end insert
5 shall be available to the Wildlife Conservation Board for grants
6forbegin insert any of the following:end insertbegin delete theend delete

7begin insert(1)end insertbegin insertend insertbegin insertProjects for the acquisition, development, rehabilitation,
8restoration,end insert
begin delete protectionend deletebegin insert protection,end insert and expansion of wildlife
9begin delete corridors,end deletebegin insert corridors and open space,end insert including projects to improve
10connectivitybegin insert and reduce barriersend insert between habitatbegin delete areas, for projectsend delete
11
begin insert areas.end insert

12
begin insert (2)end insertbegin insertend insertbegin insertProjects for the acquisition, development, rehabilitation,
13restoration, protection, and expansion of habitat that promote the
14recovery of threatened and endangered species.end insert

15begin insert(3)end insertbegin insertend insertbegin insertProjectsend insert to improve climate adaptation and resilience of
16naturalbegin delete systems, and for projects end deletebegin insert systems.end insert

17begin insert(4)end insertbegin insertend insertbegin insertProjectsend insert to protect and improve existing open-space corridors
18and trail linkages related to utility or transportation infrastructure
19that provide habitat connectivity and public access or trails.

20(b) begin delete___ end deletebegin insertOne hundred million end insertdollarsbegin delete ($____)end deletebegin insert ($100,000,000)end insert
21 shall be available for deposit into the California Climate Resilience
22Account, established pursuant to Section 31012, for projects that
23assist coastal communities,begin delete especiallyend deletebegin insert includingend insert those reliant on
24commercial fisheries, with adaptation to climate change, including
25projects that address ocean acidification, sea level rise, or the
26protection of habitat associated with the Pacific Flyway.

27(c) begin delete____ end deletebegin insertTwenty-five million end insertdollarsbegin delete ($____)end deletebegin insert ($25,000,000)end insert shall
28be available for projects that improve agricultural and open-space
29soil health, to improve carbon soil sequestration,begin insert erosion control,end insert
30 water quality, and waterbegin delete retention, or projects that replace
31inefficient groundwater pumps.end delete
begin insert retention.end insert

32(d) begin delete____ end deletebegin insertFifty million end insertdollarsbegin delete ($____)end deletebegin insert ($50,000,000)end insert shall be
33available for projects that reduce fire risk, improve forest health,
34and provide feedstock for compost, energy, or alternative fuels
35facilities.begin insert Projects may include, but are not limited to, forest
36restoration projects that include hazardous fuel reduction, post-fire
37watershed rehabilitation, and forest management practices that
38promote forest resilience to wildfire, climate change, and other
39disturbances. Unless otherwise specified by the Legislature, project
P18   1funds shall be equally administered by the Department of Forestry
2and Fire Protection and by the Sierra Nevada Conservancy.end insert

3(e) begin delete_____ end deletebegin insertThirty million end insertdollarsbegin delete ($_____)end deletebegin insert ($30,000,000)end insert shall
4be available to the California Conservation Corps for projects to
5rehabilitate or improve parks and restore watersheds, including
6regional and community fuel load reduction projects on public
7lands, and stream and river restoration projects. Not less than 50
8percent of these funds shall be in the form of grants to certified
9local community conservation corps, as defined in Section 14507.5.

begin insert

10
(f) Forty million dollars ($40,000,000) shall be available to the
11Natural Resources Agency, upon appropriation by the Legislation,
12to award funding to projects identified by local agencies,
13nongovernmental land conservation organizations, federally
14recognized Native American tribes, or nonfederally recognized
15California Native American tribes listed on the California Tribal
16Consultation list maintained by the Native American Heritage
17Commission for any of the following:

end insert
begin insert

18
(1) Projects that involve the restoration, protection, and
19acquisition of natural, cultural, and historic resources within the
20state.

end insert
begin insert

21
(2) Projects that promote carbon sequestration through
22conversion of blighted or industrial properties to green spaces
23within the coastal zone.

end insert
begin insert

24
(3) Projects that enhance water and natural resource values or
25promote economic activity through improved recreation, tourism,
26and natural resource investment in those areas of the state not
27within the jurisdiction of a state conservancy.

end insert

28 

29Article 9.  Fiscal Provisions
30

 

31

5889.  

(a) Bonds in the total amount of two billion nine hundred
32eighty-five million dollars ($2,985,000,000), not including the
33amount of any refunding bonds issued in accordance with Section
345889.12, may be issued and sold to provide a fund to be used for
35carrying out the purposes expressed in this chapter and to reimburse
36the General Obligation Bond Expense Revolving Fund pursuant
37to Section 16724.5 of the Government Code. The bonds, when
38sold, shall be and constitute a valid and binding obligation of the
39State of California, and the full faith and credit of the State of
40California is hereby pledged for the punctual payment of both the
P19   1principal of, and interest on, the bonds as the principal and interest
2become due and payable.

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

8

5889.01.  

The bonds authorized by this chapter shall be
9prepared, executed, issued, sold, paid, and redeemed as provided
10in the State General Obligation Bond Law (Chapter 4 (commencing
11with Section 16720) of Part 3 of Division 4 of Title 2 of the
12Government Code), and all of the provisions of that law apply to
13the bonds and to this chapter.

14

5889.02.  

(a) Solely for the purpose of authorizing the issuance
15and sale, pursuant to the State General Obligation Bond Law
16(Chapter 4 (commencing with Section 16720) of Part 3 of Division
174 of Title 2 of the Government Code), of the bonds authorized by
18this chapter, the California Parks, Water, Climate, and Coastal
19Protection and Outdoor Access For All Finance Committee is
20hereby created. For purposes of this chapter, the California Parks,
21Water, Climate, and Coastal Protection and Outdoor Access For
22All Finance Committee is the “committee” as that term is used in
23the State General Obligation Bond Law.

24(b) The committee consists of the Director of Finance, the
25Treasurer, and the Controller. Notwithstanding any other provision
26of law, any member may designate a representative to act as that
27member in his or her place for all purposes, as though the member
28were personally present.

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

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

31

5889.03.  

The committee shall determine whether or not it is
32necessary or desirable to issue bonds authorized by this chapter in
33order to carry out the actions specified in this chapter and, if so,
34the amount of bonds to be issued and sold. Successive issues of
35bonds may be authorized and sold to carry out those actions
36progressively, and it is not necessary that all of the bonds
37authorized to be issued be sold at any one time.

38

5889.04.  

For purposes of the State General Obligation Bond
39Law, “board,” as defined in Section 16722 of the Government
40Code, means the Secretary of the Natural Resources Agency.

P20   1

5889.05.  

There shall be collected each year and in the same
2manner and at the same time as other state revenue is collected,
3in addition to the ordinary revenues of the state, a sum in an amount
4required to pay the principal of, and interest on, the bonds each
5year. It is the duty of all officers charged by law with any duty in
6regard to the collection of the revenue to do and perform each and
7every act that is necessary to collect that additional sum.

8

5889.06.  

Notwithstanding Section 13340 of the Government
9Code, there is hereby appropriated from the General Fund in the
10State Treasury, for the purposes of this chapter, an amount that
11will equal the total of the following:

12(a) The sum annually necessary to pay the principal of, and
13interest on, bonds issued and sold pursuant to this chapter, as the
14principal and interest become due and payable.

15(b) The sum that is necessary to carry out the provisions of
16Section 5889.09, appropriated without regard to fiscal years.

17

5889.07.  

The board may request the Pooled Money Investment
18Board to make a loan from the Pooled Money Investment Account
19in accordance with Section 16312 of the Government Code for the
20purpose of carrying out this chapter less any amount withdrawn
21pursuant to Section 5889.09. The amount of the request shall not
22exceed the amount of the unsold bonds that the committee has, by
23resolution, authorized to be sold for the purpose of carrying out
24this chapter. The board shall execute those documents required by
25the Pooled Money Investment Board to obtain and repay the loan.
26Any amounts loaned shall be deposited in the fund to be allocated
27in accordance with this chapter.

28

5889.08.  

Notwithstanding any other provision of this chapter,
29or of the State General Obligation Bond Law, if the Treasurer sells
30bonds that include a bond counsel opinion to the effect that the
31interest on the bonds is excluded from gross income for federal
32tax purposes under designated conditions or is otherwise entitled
33to any federal tax advantage, the Treasurer may maintain separate
34accounts for the bond proceeds invested and for the investment
35earnings on those proceeds, and may use or direct the use of those
36proceeds or earnings to pay any rebate, penalty, or other payment
37required under federal law or take any other action with respect
38to the investment and use of those bond proceeds, as may be
39required or desirable under federal law in order to maintain the
P21   1tax-exempt status of those bonds and to obtain any other advantage
2under federal law on behalf of the funds of this state.

3

5889.09.  

For the purposes of carrying out this chapter, the
4Director of Finance may authorize the withdrawal from the General
5Fund of an amount or amounts not to exceed the amount of the
6unsold bonds that have been authorized by the committee to be
7sold for the purpose of carrying out this chapter less any amount
8borrowed pursuant to Section 5889.09. Any amounts withdrawn
9shall be deposited in the fund. Any moneys made available under
10this section shall be returned to the General Fund, with interest at
11the rate earned by the moneys in the Pooled Money Investment
12Account, from proceeds received from the sale of bonds for the
13purpose of carrying out this chapter.

14

5889.10.  

All moneys deposited in the fund that are derived
15from premium and accrued interest on bonds sold pursuant to this
16chapter shall be reserved in the fund and shall be available for
17transfer to the General Fund as a credit to expenditures for bond
18interest, except that amounts derived from premiums may be
19reserved and used to pay the cost of bond issuance prior to any
20transfer to the General Fund.

21

5889.11.  

Pursuant to Chapter 4 (commencing with Section
2216720) of Part 3 of Division 4 of Title 2 of the Government Code,
23the cost of bond issuance shall be paid out of the bond proceeds,
24including premiums, if any. To the extent the cost of bond issuance
25is not paid from premiums received from the sale of bonds, these
26costs shall be shared proportionately by each program funded
27through this chapter by the applicable bond sale.

28

5889.12.  

The bonds issued and sold pursuant to this chapter
29may be refunded in accordance with Article 6 (commencing with
30Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of
31the Government Code, which is a part of the State General
32Obligation Bond Law. Approval by the voters of the state for the
33issuance of the bonds under this chapter shall include approval of
34the issuance of any bonds issued to refund any bonds originally
35issued under this chapter or any previously issued refunding bonds.

36

5889.13.  

The proceeds from the sale of bonds authorized by
37this chapter are not “proceeds of taxes” as that term is used in
38Article XIII B of the California Constitution, and the disbursement
39of these proceeds is not subject to the limitations imposed by that
40article.

P22   1

SEC. 2.  

(a) Notwithstanding the requirements of Sections
29040, 9043, 9044, 9061, and 9082 of the Elections Code, or any
3other law, the Secretary of State shall submit this act to the voters
4at the November 8, 2016, statewide general election.

5(b) The Secretary of State shall include in the ballot pamphlets
6mailed pursuant to Section 9094 of the Elections Code the
7information specified in Section 9084 of the Elections Code
8regarding the bond act contained in this act. If that inclusion is not
9possible, the Secretary of State shall publish a supplemental ballot
10pamphlet regarding this act to be mailed with the ballot pamphlet.
11 If the supplemental ballot pamphlet cannot be mailed with the
12ballot pamphlet, the supplemental ballot pamphlet shall be mailed
13separately.

14(c) Notwithstanding Section 9054 of the Elections Code or any
15other law, the translations of the ballot title and the condensed
16statement of the ballot title required pursuant to Section 9054 of
17the Elections Code may be made available for public examination
18at a later date than the start of the public examination period for
19the ballot pamphlet, provided that the translations of the ballot title
20and the condensed statement of the ballot title must remain
21available for public examination for eight days.

22(d) Notwithstanding Section 13282 of the Elections Code or
23any other law, the public shall be permitted to examine the
24condensed statement of the ballot title for not more than eight days.
25Any voter may seek a writ of mandate for the purpose of requiring
26the condensed statement of the ballot title, or portion thereof, to
27be amended or deleted only within that eight-day period.

28

SEC. 3.  

This act shall take effect upon approval by the voters
29of the California Parks, Water, Climate, and Coastal Protection
30and Outdoor Access For All Act, as set forth in Section 1 of this
31act.

32begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
33immediate preservation of the public peace, health, or safety within
34the meaning of Article IV of the Constitution and shall go into
35immediate effect. The facts constituting the necessity are:

end insert
begin insert

36
In order to fund a California parks, water, climate, and coastal
37protection and outdoor access for all program at the earliest
38possible date, it is necessary that this act take effect immediately.

end insert


O

    95