Amended in Assembly June 23, 2016

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 Bill No. 2444

Introduced by Assembly Member Eduardo Garcia

begin insert

(Coauthor: Assembly Member Levine)

end insert

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, and declaring the urgency thereof, to take effect immediately.

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 begin delete $2,985,000,000 end delete begin insert $3,120,000,000 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.

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

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

(3) 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.

(4) 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.

(5) 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.

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

(7) 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.

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

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

(10) 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) 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.

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

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

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

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

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

(i) “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 begin delete 10 end delete begin insert 20 end insert 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 begin delete small end delete
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
whenever feasible.

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 begin delete chapter. end delete begin insert chapter
whenever feasible. end insert

5880.08.  

(a) 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.

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

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

(2)  begin delete Nine hundred ninety-five million dollars ($995,000,000) end delete
begin insert One billion fifty-five million dollars ($1,055,000,000) end insert 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).

(3)  begin delete Nine hundred ninety-five million dollars ($995,000,000) end delete
begin insert One billion seventy million dollars ($1,070,000,000) end insert for purposes
of Article 7 (commencing with Section 5886), Article 7.5
(commencing with Section 5887), and Article 8 (commencing with
Section 5888).

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) Pursuant to Section 5880.08, the sum of nine hundred
ninety-five million dollars ($995,000,000) 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.  

For purposes of this article, “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 any 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 begin delete entity end delete begin insert entity, including,
but not limited to, a district operating multiple-use park lands
pursuant to Division 20 (commencing with Section 71660) of the
Water Code, end insert 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.

5882.01.  

(a) Pursuant to Section 5880.08, the sum of four
hundred fifty million dollars ($450,000,000) 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.

begin insert

(b) Pursuant to Section 5880.08, the sum of thirty-five million
dollars ($35,000,000) shall be available to the department, upon
appropriation by the Legislature, for grants to cities and districts
in urbanized counties providing park and recreation services within
jurisdictions of 200,000 or less in population. For purposes of this
subdivision, “urbanized county” means a county with a population
for 500,000 or greater. An entity eligible to receive funds under
this subdivision shall also be eligible to receive funds available
under subdivision (a).

end insert begin delete

(b)

end delete

begin insert (c) end insert  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 5882.01
to cities and districts, other than a regional park district, regional
park and open-space district, open-space authority, 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 and unincorporated areas within the county, except
that each city or district shall be entitled to a minimum allocation
of two hundred fifty thousand dollars ($250,000). 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 5882.01 to counties
and regional park districts, regional park and open-space districts,
open-space authorities formed pursuant to Division 26
(commencing with Section 35100), 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 five hundred thousand dollars ($500,000).

(3) In any county that embraces all or part of the territory of a
regional park district, regional park and open-space district,
open-space authority, 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 5882.01 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 5882.01, 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 5882.01. 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.

begin delete

(c)

end delete

begin insert

begin insert 5882.05. end insert   

end insert

begin insert (a) end insert  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.

begin delete

(d)

end delete

begin insert (b) end insert  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.  

Pursuant to Section 5880.08, the sum of one hundred
twenty million dollars ($120,000,000) shall be available to the
department, upon appropriation by the Legislature, for grants to
regional park districts, counties, regional open-space districts,
open-space authorities formed pursuant to Division 26
(commencing with Section 35100), 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.  

begin insert (a) end insert begin insert   end insert Pursuant to Section 5880.08, the sum of three
hundred begin delete twenty-five end delete begin insert fifty end insert million dollars begin delete ($325,000,000) end delete
begin insert ($350,000,000) end insert 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 begin delete units as
follows: end delete begin insert units. Not less than 80 percent of these funds shall be
available for capital improvements that address the department’s
backlog of deferred maintenance or that enhance park access and
user experiences. end insert

begin delete

(a) Not less than 80 percent shall be available for capital
improvements that address the department’s backlog of deferred
maintenance or that enhance park access and user experiences.

end delete

(b)  begin delete The end delete begin insert Of the total amount available pursuant to this section,
the end insert sum of twenty million dollars ($20,000,000) shall be available
for enterprise projects that facilitate new or enhanced park use and
user experiences and increase revenue generation to support
operations of the department.

(c)  begin delete The end delete begin insert Of the total amount available pursuant to this section,
the end insert sum of twenty million dollars ($20,000,000) shall be available
begin insert to the department end insert for grants to local agencies that operate a unit
of the state park begin delete system. end delete begin insert system to address an urgent need for the
restoration of aging infrastructure that, without restoration, would
compromise the continued operation of the unit. Unless a local
agency has been identified as a disadvantaged community, a local
agency that receives a grant pursuant to this subdivision shall be
required to provide a match of not less than 25 percent. end insert

begin delete

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

end delete begin insert

(d) Of the total amount available pursuant to this section, the
sum of seventy million dollars ($70,000,000) shall be available to
the department according to the following schedule and subject
to Section 5883.02 to address major infrastructure rehabilitation
to improve tourism and visitor experiences and to promote the
health and safety of units within the state park system:

end insert begin insert

(1) Ten million dollars ($10,000,000) to implement a Central
Valley State Park Program. In order to be eligible under this
paragraph, a park shall be located in a county within the central
valley from the County of Sacramento south to the base of the
Tehachapi Mountain Range.

end insert begin insert

(2) Ten million dollars ($10,000,000) to implement a Central
Coast State Park Program. In order to be eligible under this
paragraph, a park shall be located in the County of Ventura.

end insert begin insert

(3) Fifteen million dollars ($15,000,000) to implement an East
Bay State Park Program.

end insert begin insert

(4) Ten million dollars ($10,000,000) to implement a High
Desert-Coachella Valley State Park Program.

end insert begin insert

(5) Ten million dollars ($10,000,000) to implement an Inland
Empire State Park Program.

end insert begin insert

(6) Fifteen million dollars ($15,000,000) to implement a San
Diego State Park Program. Priority may be given to projects
bordering a national estuary.

end insert begin insert

(e) Of the total amount available pursuant to this section, the
sum of fifty million dollars ($50,000,000) shall be available to the
department for direct distribution to the twelve districts within the
department to address historic underinvestments in units of the
state park system.

end insert

begin insert

begin insert 5883.01. end insert   

The department, in expending the funding available
under this article, shall endeavor, where practical, to partner with
cities, counties, nonprofit organizations, and nongovernmental
organizations to maximize leveraging opportunities to enhance
tourism, visitation, and visitor experiences.

end insert begin insert

begin insert 5883.02. end insert   

The funding available pursuant to subdivision (d) of
Section 5883 shall be allocated based on regional populations
and the demand for infrastructure repair and improvements.

end insert

 

Article 5.  Trails and Waterfront Greenway Investment

 

5884.  

(a) Pursuant to Section 5880.08, the sum of fifty million
dollars ($50,000,000) 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 begin delete Chapter 1) and
the Active Transportation Program (Chapter 8 (commencing with
Section 2380) of Division 3 of the Streets and Highway Code). end delete

begin insert Chapter 1). end insert

begin insert

begin insert 5884.01. end insert   

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.

end insert

 

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

 

5885.  

(a) Pursuant to Section 5880.08, the sum of fifty million
dollars ($50,000,000) 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,
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)). Notwithstanding subdivisions
(c) and (e) of Section 5621 and for the purposes of this section,
the definition of nonurbanized area shall be updated by the
department to reflect current population levels. A nonurbanized
area shall include counties with populations of less than 500,000
people and low population densities per square mile, as determined
by the department. 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 accessibility for individuals with
disabilities, 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.

(c) In addition to entities described in subdivision (a), an
irrigation district exercising powers authorized under Section 22185
of the Water Code is eligible for a grant under this article.

 

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

 

5886.  

(a) Pursuant to Section 5880.08, the sum of two hundred
begin insert ten end insert million dollars begin delete ($200,000,000) end delete begin insert ($210,000,000) end insert 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)).
Eligible projects shall include, but are not limited to, projects that
protect and enhance urban creeks.

(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 50 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. 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).

begin insert

(e) Not less than 5 percent of the amount made available
pursuant to this section shall be allocated to the Santa Ana River
Program pursuant to Chapter 4.6 (commencing with Section
31170) of Division 21.

end insert

 

Article 7.5.  State Conservancy Funding

 

5887.  

Pursuant to Section 5880.08, the sum of two hundred
begin delete fifty end delete begin insert forty-five end insert million dollars begin delete ($250,000,000) end delete begin insert ($245,000,000) end insert 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, five million dollars
($5,000,000).

(b) California Tahoe Conservancy, begin delete twenty end delete begin insert seventeen end insert million
begin insert five hundred thousand end insert dollars begin delete ($20,000,000). end delete begin insert ($17,500,000). end insert

(c) Coachella Mountains Conservancy, ten million dollars
($10,000,000).

(d) Sacramento-San Joaquin Delta Conservancy, fifteen million
dollars ($15,000,000).

(e) Salton Sea Authority, twenty-five million dollars
($25,000,000).

(f) San Diego River Conservancy, fifteen million dollars
($15,000,000).

(g) San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy, begin delete twenty end delete begin insert twenty-five end insert million dollars begin delete ($20,000,000). end delete

begin insert ($25,000,000). end insert

(h) San Joaquin River Conservancy, begin delete fifteen end delete begin insert ten end insert million dollars

begin delete ($15,000,000). end delete begin insert ($10,000,000). end insert

(i) Santa Monica Mountains Conservancy, twenty million dollars
($20,000,000).

(j) Sierra Nevada Conservancy, begin delete twenty-five end delete begin insert twenty-two end insert million
begin insert five hundred thousand end insert dollars begin delete ($25,000,000). end delete begin insert ($22,500,000). end insert

(k) State Coastal Conservancy, eighty million dollars
($80,000,000). 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 made available
to an entity listed in Section 5887.

5887.03.  

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

begin insert

begin insert 5887.04. end insert   

Conservancies, in expending the funding available
under this article, shall endeavor, where practical, to partner with
cities, counties, nonprofit organizations, and nongovernmental
organizations to acquire open space and create urban greenway
corridors.

end insert

 

Article 8.  Climate Preparedness and Habitat Resiliency

 

5888.  

Pursuant to Section 5880.08, the sum of begin delete five hundred
forty-five million dollars ($545,000,000) end delete begin insert six hundred fifteen million
dollars ($615,000,000) end insert shall be begin delete available end delete begin insert available, upon
appropriation by the Legislature, end insert 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)  begin insert (1) end insert begin insert   end insert Three hundred begin insert forty end insert million dollars begin delete ($300,000,000) end delete
begin insert ($340,000,000) end insert shall be available to the Wildlife Conservation
Board for grants for any of the following:

begin delete

(1)

end delete

begin insert (A) end insert  Projects for the acquisition, development, rehabilitation,
restoration, protection, and expansion of wildlife corridors and
open space, including projects to improve connectivity and reduce
barriers between habitat areas. begin insert In awarding grants pursuant to this
subparagraph, special consideration may be given to projects that
protect state-designated wildlife corridors. end insert

begin delete

(2)

end delete

begin insert (B) end insert  Projects for the acquisition, development, rehabilitation,
restoration, protection, and expansion of habitat that promote the
recovery of threatened and endangered species.

begin delete

(3)

end delete

begin insert (C) end insert  Projects to improve climate adaptation and resilience of
natural systems.

begin delete

(4)

end delete

begin insert (D) end insert  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.

begin insert

(2) Applications submitted pursuant to this subdivision that
promote projects seeking to preserve the working character of
lands, including uninterrupted agricultural and rangeland
practices, through conservation easements, may be given additional
consideration.

end insert begin insert

(3) Of the amount subject to this subdivision, fifty-five million
dollars ($55,000,000) shall be available for the acquisition,
development, rehabilitation, restoration, protection, and expansion
of habitat that furthers the implementation of adopted natural
community conservation plans to help resolve resource conflicts
by balancing communitywide conservation, planning, and economic
activities.

end insert begin insert

(4) Of the amount subject to this subdivision, ten million dollars
($10,000,000) shall be administered through the Department of
Fish and Wildlife for competitive grants to wildlife rehabilitation
facilities operated by nongovernmental entities.

end insert

(b)  begin delete One hundred million dollars ($100,000,000) end delete begin insert Eighty million
dollars ($80,000,000) end insert shall be available for deposit into the
California Climate Resilience Account, established pursuant to
Section 31012, for projects that assist coastal communities,
including 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)  begin delete Twenty-five million dollars ($25,000,000) end delete begin insert Fifteen million
dollars ($15,000,000) end insert shall be available for projects that improve
agricultural and open-space soil health, to improve carbon soil
sequestration, erosion control, water quality, and water retention.

(d)  begin delete Fifty end delete begin insert (1) end insert begin insert   end insert begin insert Sixty end insert million dollars begin delete ($50,000,000) end delete begin insert ($60,000,000) end insert
shall be available for projects that reduce fire risk, improve forest
health, and provide feedstock for compost, energy, or alternative
fuels facilities. Projects may include, but are not limited to, forest
restoration projects that include hazardous fuel reduction, post-fire
watershed rehabilitation, and forest management practices that
promote forest resilience to wildfire, climate change, and other
disturbances. Unless otherwise specified by the Legislature, project
funds shall be equally administered by the Department of Forestry
and Fire Protection and by the Sierra Nevada Conservancy.

begin insert

(2) Of the amount subject to this subdivision, up to five million
dollars ($5,000,000) shall be available from the Department of
Forestry and Fire Protection to the California Tahoe Conservancy
for projects consistent with this subdivision.

end insert

(e)  begin delete Thirty end delete begin insert Forty end insert million dollars begin delete ($30,000,000) end delete begin insert ($40,000,000) end insert
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 begin delete 14507.5. end delete

begin insert 14507.5, including local community conservation corps that have
secured certification within the last three to five years prior to the
grant application date. end insert

(f)  begin delete Forty end delete begin insert (1) end insert begin insert   end insert begin insert Eighty end insert million dollars begin delete ($40,000,000) end delete begin insert ($80,000,000) end insert
shall be available to the Natural Resources Agency, upon
appropriation by the begin delete Legislation, end delete begin insert Legislature, end insert to award funding to
projects identified by local agencies, nongovernmental land
conservation organizations, federally recognized Native American
tribes, or nonfederally recognized California Native American
tribes listed on the California Tribal Consultation list maintained
by the Native American Heritage Commission for any of the
following:

begin delete

(1)

end delete

begin insert (A) end insert  Projects that involve the restoration, protection, and
acquisition of natural, cultural, and historic resources within the
state.

begin delete

(2)

end delete

begin insert (B) end insert  Projects that begin delete promote carbon sequestration through
conversion of blighted or industrial properties to green spaces
within the coastal zone. end delete begin insert convert and repurpose end insert begin insert properties formerly
operating as fossil fuel power plants to create permanently
protected open space, tourism, and park opportunities through fee
title and conservation easements. end insert

begin delete

(3)

end delete

begin insert (C) end insert  Projects that enhance water and natural resource values or
promote economic activity through improved recreation, tourism,
and natural resource investment in those areas of the state not
within the jurisdiction of a state conservancy.

begin insert

(2) Before a grant is awarded pursuant to this subdivision, a
project applicant shall demonstrate availability to the applicant
of a minimum 20 percent match from other funds. Project
applicants shall be encouraged to leverage all available local,
federal, and nongovernmental sources to maximize funding
distribution.

end insert

 

Article 9.  Fiscal Provisions

 

5889.  

(a) Bonds in the total amount of begin delete two end delete begin insert three end insert billion begin delete nine end delete
begin insert one end insert hundred begin delete eighty-five end delete begin insert twenty end insert million dollars begin delete ($2,985,000,000), end delete
begin insert ($3,120,000,000), 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.

SEC. 4.  

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

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