Amended in Senate August 1, 2016

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 BillNo. 2444


Introduced by Assembly Member Eduardo Garcia

begin insert

(Principal coauthors: Assembly Members Alejo and Levine)

end insert

(begin deleteCoauthor: end deletebegin insertCoauthors:end insertbegin insert end insertAssemblybegin delete Member Levineend deletebegin insert Members Eggman, Gonzalez, and McCartyend 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 inbegin delete theend deletebegin insert an unspecifiedend insert amountbegin delete of $3,120,000,000end delete 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: 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.

18(2) Demand for local parks has exceeded available funding by
19a factor of 8 to 1, with particularly high demand in urban,
20disadvantaged communities.

21(3) Many Californians across the state lack access to safe parks,
22trails, and recreation areas, which limits their ability to experience
P3    1the outdoors, improve their physical and emotional health, exercise,
2and connect with their communities.

3(4) Investments to create and improve parks and recreation
4areas, and to create trail networks that provide access from
5neighborhoods to parks and recreational opportunities, will help
6ensure all Californians have access to safe places to exercise and
7enjoy recreational activities.

8(5) The California Center for Public Health Advocacy estimates
9that inactivity and obesity cost California over forty billion dollars
10($40,000,000,000) annually, through increased health care costs
11and lost productivity due to obesity-related illnesses, and that even
12modest increases in physical activity would result in significant
13savings. Investments in infrastructure improvements such as biking
14and walking trails and pathways, whether in urban or natural areas,
15are cost-effective ways to promote physical activity.

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

20(7) California’s outdoor recreation economy represents an
21eighty-seven-billion-dollar ($87,000,000,000) industry, providing
22over 700,000 jobs and billions of dollars in local and state revenues.

23(8) California’s state, local, and regional park system
24infrastructure and national park system infrastructure is aging and
25a significant infusion of capital is required to protect this
26investment.

27(9) There has been a historic underinvestment in parks, trails,
28and outdoor infrastructure in disadvantaged areas and many
29communities throughout California.

30(10) Tourism is a growing industry in California and remains
31an economic driver for the more rural parts of the state.

32(b) It is the intent of the people of California that all of the
33following shall occur in the implementation of this chapter:

34(1) The investment of public funds pursuant to this chapter will
35result in public benefits that address the most critical statewide
36needs and priorities for public funding.

37(2) In the appropriation and expenditure of funding authorized
38by this chapter, priority will be given to projects that leverage
39private, federal, or local funding or produce the greatest public
40benefit.

P4    1(3) To the extent practicable, a project that receives moneys
2pursuant to this chapter will include signage informing the public
3that the project received funds from the California Parks, Water,
4Climate, and Coastal Protection and Outdoor Access For All Act
5of 2016.

6(4) To the extent practicable, when developing program
7guidelines for urban recreation projects and habitat protection or
8restoration projects, administering entities are encouraged to give
9favorable consideration to projects that provide urban recreation
10and protect or restore natural resources. Additionally, the entities
11may pool funding for these projects.

12

5880.01.  

The following definitions govern the construction of
13this chapter:

14(a) “Committee” means the California Parks, Water, Climate,
15Coastal Protection, and Outdoor Access For All Finance Committee
16created by Section 5889.02.

17(b) “Department” means the Department of Parks and
18Recreation.

19(c) “Disadvantaged community” has the same meaning set forth
20in subdivision (g) of Section 75005.

21(d) “Fund” means the California Parks, Water, Climate, and
22 Coastal Protection and Outdoor Access For All Fund, created by
23Section 5880.08.

24(e) “Interpretation” includes, but is not limited to, a
25visitor-serving amenity that enhances the ability to understand and
26appreciate the significance and value of natural, historical, and
27cultural resources and that may utilize educational materials in
28multiple languages, digital information, and the expertise of a
29naturalist or other skilled specialist.

30(f) “Preservation” means rehabilitation, stabilization, restoration,
31development, and reconstruction, or any combination of those
32activities.

33(g) “Protection” means those actions necessary to prevent harm
34or damage to persons, property, or natural, cultural, and historic
35resources, actions to improve access to public open-space areas,
36or actions to allow the continued use and enjoyment of property
37or natural, cultural, and historic resources, and includes acquisition,
38development, restoration, preservation, and interpretation.

39(h) “Restoration” means the improvement of physical structures
40or facilities and, in the case of natural systems and landscape
P5    1features, includes, but is not limited to, projects for the control of
2erosion, the control and elimination of exotic species, removal of
3waste and debris, prescribed burning, fuel hazard reduction, fencing
4out threats to existing or restored natural resources, road
5elimination, and other plant and wildlife habitat improvement to
6increase the natural system value of the property. Restoration
7projects shall include the planning, monitoring, and reporting
8necessary to ensure successful implementation of the project
9objectives.

10(i) “Severely disadvantaged community” has the same meaning
11set forth in subdivision (g) of Section 75005.

12

5880.02.  

An amount that equals not more than 5 percent of the
13funds allocated for a grant program pursuant to this chapter may
14be used to pay the administrative costs of that program.

15

5880.03.  

(a) Except as provided in subdivision (b), up to 10
16percent of funds allocated for each program funded by this chapter
17may be expended for planning and monitoring necessary for the
18successful design, selection, and implementation of the projects
19authorized under that program. This section shall not otherwise
20restrict funds ordinarily used by an agency for “preliminary plans,”
21“working drawings,” and “construction” as defined in the annual
22Budget Act for a capital outlay project or grant project. Planning
23may include feasibility studies for environmental site cleanup that
24would further the purpose of a project that is eligible for funding
25under this chapter.

26(b) Funds used for planning projects that benefit disadvantaged
27communities may exceed 10 percent of the funds allocated if the
28state agency administering the moneys determines that there is a
29need for the additional funding.

30

5880.04.  

(a) At least 20 percent of the funds available pursuant
31to each article of this chapter shall be allocated for projects serving
32severely disadvantaged communities.

33(b) Except as provided in subdivision (c), up to 10 percent of
34the funds available pursuant to each article of this chapter may be
35allocated for technical assistance to disadvantaged communities.
36The agency administering the moneys shall operate a
37multidisciplinary technical assistance program for disadvantaged
38communities.

39(c) Funds used for providing technical assistance to
40disadvantaged communities may exceed 10 percent of the funds
P6    1allocated if the state agency administering the moneys determines
2that there is a need for the additional funding.

3

5880.05.  

Before disbursing grants pursuant to this chapter,
4each state agency that receives funding to administer a competitive
5grant program under this chapter shall do the following:

6(a) Develop and adopt project solicitation and evaluation
7guidelines. The guidelines shall include monitoring and reporting
8requirements and may include a limitation on the dollar amount
9of grants to be awarded. If the state agency has previously
10developed and adopted project solicitation and evaluation
11guidelines that comply with the requirements of this subdivision,
12it may use those guidelines.

13(b) Conduct three public meetings to consider public comments
14 before finalizing the guidelines. The state agency shall publish the
15draft solicitation and evaluation guidelines on its Internet Web site
16at least 30 days before the public meetings. One meeting shall be
17conducted at a location in northern California, one meeting shall
18be conducted at a location in the central valley of California, and
19one meeting shall be conducted at a location in southern California.

20(c) Submit the guidelines to the Secretary of the Natural
21Resources Agency. The Secretary of the Natural Resources Agency
22shall verify that the guidelines are consistent with applicable
23statutes and for all the purposes enumerated in this chapter. The
24Secretary of the Natural Resources Agency shall post an electronic
25form of the guidelines submitted by state agencies and the
26subsequent verifications on the Natural Resources Agency’s
27Internet Web site.

28(d) Upon adoption, transmit copies of the guidelines to the fiscal
29committees and the appropriate policy committees of the
30Legislature.

31

5880.06.  

(a) The Department of Finance shall provide for an
32independent audit of expenditures pursuant to this chapter. The
33Secretary of the Natural Resources Agency shall publish a list of
34all program and project expenditures pursuant to this chapter not
35less than annually, in written form, and shall post an electronic
36form of the list on the agency’s Internet Web site.

37(b) If an audit, required by statute, of any entity that receives
38funding authorized by this chapter is conducted pursuant to state
39law and reveals any impropriety, the California State Auditor or
P7    1the Controller may conduct a full audit of any or all of the activities
2of that entity.

3(c) The state agency issuing any grant with funding authorized
4by this chapter shall require adequate reporting of the expenditures
5of the funding from the grant.

6

5880.07.  

begin deleteA end deletebegin insertTo the extent feasible, a end insertproject whose application
7includes the use of services of the California Conservationbegin delete Corps
8orend delete
begin insert Corps,end insert certified community conservation corps, as defined in
9Section 14507.5,begin insert or other nonprofit entities that provide job
10training and education opportunities for veterans, foster care
11recipients, farmworkers, or local youth in conservation or
12restoration projectsend insert
shall be given preference for receipt of a grant
13under thisbegin delete chapter whenever feasible.end deletebegin insert chapter.end insert

14

5880.075.  

begin deleteA end deletebegin insertTo the extent feasible, a end insertproject that includes water
15efficiencies, stormwater capture, or carbon sequestration features
16in the project design may be given priority for grant funding under
17thisbegin delete chapter whenever feasible.end deletebegin insert chapter.end insert

begin insert
18

begin insert5880.076.end insert  

Moneys allocated pursuant to this chapter shall not
19be used to fulfill any mitigation requirements imposed by law.

end insert
begin insert
20

begin insert5880.077.end insert  

(a) To the extent feasible in implementing this
21chapter and except as provided in subdivision (b), a state agency
22receiving funding under this chapter shall seek to achieve wildlife
23conservation objectives through projects on public lands or
24voluntary projects on private lands. Funds may be used for
25payments for the creation of measurable habitat improvements or
26other improvements to the condition of endangered or threatened
27species, including through the development and implementation
28of habitat credit exchanges.

29
(b) This section shall not apply to Article 2 (commencing with
30Section 5881).

end insert
31

5880.08.  

begin delete(a)end deletebegin deleteend deleteThe proceeds of bonds issued and sold pursuant
32to this chapter shall be deposited in the California Parks, Water,
33Climate, and Coastal Protection and Outdoor Access For All Fund,
34which is hereby created in the State Treasury.

begin delete

35(b) Proceeds of bonds issued and sold pursuant to this chapter
36shall be allocated according to the following schedule:

37(1) Nine hundred ninety-five million dollars ($995,000,000) for
38purposes of Article 2 (commencing with Section 5881).

39(2) One billion fifty-five million dollars ($1,055,000,000) for
40purposes of Article 3 (commencing with Section 5882), Article 4
P8    1(commencing with Section 5883), Article 5 (commencing with
2Section 5884), and Article 6 (commencing with Section 5885).

3(3) One billion seventy million dollars ($1,070,000,000) for
4purposes of Article 7 (commencing with Section 5886), Article
57.5 (commencing with Section 5887), and Article 8 (commencing
6with Section 5888).

end delete
7

5880.09.  

The Legislature may enact legislation necessary to
8implement programs funded by this chapter.

9 

10Article 2.  Investments in Environmental and Social Equity,
11Enhancing California’s Disadvantaged Communities
12

 

13

5881.  

(a) begin deletePursuant to Section 5880.08, the end deletebegin insertThe end insertsum of nine
14hundred ninety-five million dollars ($995,000,000) shall be
15available to the department, upon appropriation by the Legislature,
16for the creation and expansion of safe neighborhood parks in
17park-poor neighborhoods in accordance with the Statewide Park
18Development and Community Revitalization Act of 2008’s
19competitive grant program described in Chapter 3.3 (commencing
20with Section 5640).

21(b) When developing or revising criteria or guidelines for the
22grant program, the department may consider the population
23densities of an applicant in relation to countywide populations,
24comparative income levels, and other poverty-related factors that
25are relative to regionwide statistics.

26 

27Article 3.  Investments in Protecting, Enhancing, and Accessing
28California’s Local and Regional Outdoor Spaces
29

 

30

5882.  

For purposes of this article, “district” means any regional
31park district, regional park and open-space district, or regional
32open-space district formed pursuant to Article 3 (commencing
33with Section 5500) of Chapter 3, any recreation and park district
34formed pursuant to Chapter 4 (commencing with Section 5780),
35or any authority formed pursuant to Division 26 (commencing
36with Section 35100). With respect to any community or
37unincorporated region that is not included within a district, and in
38which no city or county provides parks or recreational areas or
39facilities, “district” also means any other entity, including, but not
40limited to, a district operating multiple-use park lands pursuant to
P9    1Division 20 (commencing with Section 71660) of the Water Code,
2that is authorized by statute to operate and manage parks or
3recreational areas or facilities, employs a full-time park and
4recreation director, offers year-round park and recreation services
5on land and facilities owned by the entity, and allocates a
6substantial portion of its annual operating budget to parks or
7recreation areas or facilities.

8

5882.01.  

(a) begin deletePursuant to Section 5880.08, the end deletebegin insertThe end insertsum of four
9hundred fifty million dollars ($450,000,000) shall be available to
10the department, upon appropriation by the Legislature, for local
11park rehabilitation and improvement grants to local governments
12on a per capita basis. Grant recipients shall be encouraged to utilize
13awards to rehabilitate existing infrastructure and to address
14deficiencies in neighborhoods lacking access to the outdoors.

15(b) Pursuant to Section 5880.08, the sum of thirty-five million
16dollars ($35,000,000) shall be available to the department, upon
17appropriation by the Legislature, for grants to cities and districts
18in urbanized counties providing park and recreation services within
19jurisdictions of 200,000 or less in population. For purposes of this
20subdivision, “urbanized county” means a county with a population
21for 500,000 or greater. An entity eligible to receive funds under
22this subdivision shall also be eligible to receive funds available
23under subdivision (a).

24(c) Unless the entity has been identified as a disadvantaged
25community, an entity that receives an award pursuant to this section
26shall be required to provide a match of 20 percent as a local share.

27

5882.02.  

(a) (1) The department shall allocate 60 percent of
28the funds available pursuant to subdivision (a) of Section 5882.01
29to cities and districts, other than a regional park district, regional
30park and open-space district, open-space authority, or regional
31open-space district. Each city’s and district’s allocation shall be
32in the same ratio as the city’s or district’s population is to the
33combined total of the state’s population that is included in
34 incorporated and unincorporated areas within the county, except
35that each city or district shall be entitled to a minimum allocation
36of two hundred fifty thousand dollars ($250,000). If the boundary
37of a city overlaps the boundary of a district, the population in the
38overlapping area shall be attributed to each jurisdiction in
39proportion to the extent to which each operates and manages parks
40and recreational areas and facilities for that population. If the
P10   1boundary of a city overlaps the boundary of a district, and in the
2area of overlap the city does not operate and manage parks and
3recreational areas and facilities, all grant funds for that area shall
4be allocated to the district.

5(2) On or before April 1, 2018, a city and a district that are
6subject to paragraph (1), and whose boundaries overlap, shall
7collaboratively develop and submit to the department a specific
8plan for allocating the grant funds in accordance with the formula
9specified in paragraph (1). If, by that date, the plan has not been
10developed and submitted to the department, the director shall
11determine the allocation of the grant funds between the affected
12jurisdiction.

13(b) (1) The department shall allocate 40 percent of the funds
14available pursuant to subdivision (a) of Section 5882.01 to counties
15and regional park districts, regional park and open-space districts,
16open-space authorities formed pursuant to Division 26
17(commencing with Section 35100), and regional open-space
18districts formed pursuant to Article 3 (commencing with Section
195500) of Chapter 3.

20(2) Each county’s allocation under paragraph (1) shall be in the
21same ratio that the county’s population is to the total state
22population, except that each county shall be entitled to a minimum
23allocation of five hundred thousand dollars ($500,000).

24(3) In any county that embraces all or part of the territory of a
25regional park district, regional park and open-space district,
26 open-space authority, or regional open-space district, and whose
27board of directors is not the county board of supervisors, the
28amount allocated to the county shall be apportioned between that
29district and the county in proportion to the population of the county
30that is included within the territory of the district and the population
31of the county that is outside the territory of the district.

32(c) For the purpose of making the calculations required by this
33section, population shall be determined by the department, in
34cooperation with the Department of Finance, on the basis of the
35most recent verifiable census data and other verifiable population
36data that the department may require to be furnished by the
37applicant city, county, or district.

38(d) The Legislature intends all recipients of funds pursuant to
39subdivision (a) of Section 5882.01 to use those funds to supplement
40local revenues in existence on the effective date of the act adding
P11   1this chapter. To receive an allocation pursuant to subdivision (a)
2of Section 5882.01, the recipient shall not reduce the amount of
3funding otherwise available to be spent on parks or other projects
4eligible for funds under this chapter in its jurisdiction. A one-time
5allocation of other funding that has been expended for parks or
6other projects, but which is not available on an ongoing basis, shall
7not be considered when calculating a recipient’s annual
8expenditures. For purposes of this subdivision, the Controller may
9request fiscal data from recipients for the preceding three fiscal
10years. Each recipient shall furnish the data to the Controller no
11later than 120 days after receiving the request from the Controller.

12

5882.04.  

(a) The director of the department shall prepare and
13adopt criteria and procedures for evaluating applications for grants
14allocated pursuant to subdivision (a) of Section 5882.01. The
15application shall be accompanied by certification that the project
16is consistent with the park and recreation element of the applicable
17city or county general plan or the district park recreation plan, as
18the case may be.

19(b) To utilize available grant funds as effectively as possible,
20overlapping and adjoining jurisdictions and applicants with similar
21objectives are encouraged to combine projects and submit a joint
22application. A recipient may allocate all or a portion of its per
23capita share for a regional or state project.

24

5882.05.  

(a) The director of the department shall annually
25forward a statement of the total amount to be appropriated each
26fiscal year for projects approved for grants pursuant to this article
27to the Director of Finance for inclusion in the annual Budget Act.
28A list of eligible jurisdictions and the amount of grant funds to be
29allocated to each jurisdiction shall also be made available by the
30department.

31(b) Funds appropriated pursuant to this article shall be
32encumbered by the recipient within three years from the date the
33appropriation is effective. Regardless of the date of encumbrance
34of the granted funds, the recipient is expected to complete all
35funded projects within eight years of the effective date of the
36appropriation.

37

5882.06.  

begin deletePursuant to Section 5880.08, the end deletebegin insertThe end insertsum of one
38hundred twenty million dollars ($120,000,000) shall be available
39to the department, upon appropriation by the Legislature, for grants
40to regional park districts, counties, regional open-space districts,
P12   1open-space authorities formed pursuant to Division 26
2(commencing with Section 35100), and eligible nonprofit
3organizations on a competitive grant basis to expand, rehabilitate,
4or restore parks and park facilities, including trails, that facilitate
5new or enhanced use and enhanced user experiences.

6 

7Article 4.  Restoring California’s Natural, Historic, and Cultural
8Legacy
9

 

10

5883.  

(a) begin deletePursuant to Section 5880.08, the end deletebegin insertThe end insertsum of three
11hundred fifty million dollars ($350,000,000) shall be available to
12the department, upon appropriation by the Legislature, for
13restoration and preservation of existing state park facilities and
14units to preserve and increase public access to those facilities and
15units and to protect the natural, cultural, and historic resources of
16those facilities and units. Not less than 80 percent of these funds
17shall be available for capital improvements that address the
18department’s backlog of deferred maintenance or that enhance
19park access and user experiences.

20(b) Of the total amount available pursuant to this section, the
21sum of twenty million dollars ($20,000,000) shall be available for
22enterprise projects that facilitate new or enhanced park use and
23user experiences and increase revenue generation to support
24operations of the department.

25(c) Of the total amount available pursuant to this section, the
26sum of twenty million dollars ($20,000,000) shall be available to
27the department for grants to local agencies that operate a unit of
28the state park system to address an urgent need for the restoration
29of aging infrastructure that, without restoration, would compromise
30the continued operation of the unit. Unless a local agency has been
31identified as a disadvantaged community, a local agency that
32receives a grant pursuant to this subdivision shall be required to
33provide a match of not less than 25 percent.

34(d) Of the total amount available pursuant to this section, the
35sum of seventy million dollars ($70,000,000) shall be available to
36the department according to the following schedule and subject to
37Section 5883.02 to address major infrastructure rehabilitation to
38improve tourism and visitor experiences and to promote the health
39and safety of units within the state park system:

P13   1(1) Ten million dollars ($10,000,000) to implement a Central
2Valley State Park Program. In order to be eligible under this
3paragraph, a park shall be located in a county within the central
4valley from the County of Sacramento south to the base of the
5Tehachapi Mountain Range.

6(2) Ten million dollars ($10,000,000) to implement a Central
7Coast State Park Program. In order to be eligible under this
8paragraph, a park shall be located in the County of Ventura.

9(3) Fifteen million dollars ($15,000,000) to implement an East
10Bay State Park Program.

11(4) Ten million dollars ($10,000,000) to implement a High
12Desert-Coachella Valley State Park Program.

13(5) Ten million dollars ($10,000,000) to implement an Inland
14Empire State Park Program.

15(6) Fifteen million dollars ($15,000,000) to implement a San
16Diego State Park Program. Priority may be given to projects
17bordering a national estuary.

18(e) Of the total amount available pursuant to this section, the
19sum of fifty million dollars ($50,000,000) shall be available to the
20department for direct distribution to the twelve districts within the
21department to address historic underinvestments in units of the
22state park system.

23

5883.01.  

The department, in expending the funding available
24under this article, shall endeavor, where practical, to partner with
25cities, counties, nonprofit organizations, and nongovernmental
26organizations to maximize leveraging opportunities to enhance
27tourism, visitation, and visitor experiences.

28

5883.02.  

The funding available pursuant to subdivision (d) of
29Section 5883 shall be allocated based on regional populations and
30the demand for infrastructure repair and improvements.

31 

32Article 5.  Trails and Waterfront Greenway Investment
33

 

34

5884.  

(a) begin deletePursuant to Section 5880.08, the end deletebegin insertThe end insertsum of fifty
35million dollars ($50,000,000) shall be available to the Natural
36Resources Agency, upon appropriation by the Legislature, for
37competitive grants to local agencies, state conservancies, federally
38recognized Native American tribes, nonfederally recognized
39California Native American tribes listed on the California Tribal
40Consultation List maintained by the Native American Heritage
P14   1Commission, and nonprofit organizations to provide nonmotorized
2infrastructure development and enhancements that promote new
3or alternate access to parks, waterways, outdoor recreational
4pursuits, and forested or other natural environments to encourage
5health-related commuting and opportunities for Californians to
6reconnect with nature.

7(b) Of the amount made available pursuant to this section, up
8to 25 percent may be made available to communities for innovative
9transportation programs that provide new and expanded outdoor
10experiences to disadvantaged youth.

11(c) Alignment, development, and improvement of nonmotorized
12infrastructure and trails that lead to safer interconnectivity between
13parks, waterways, and natural areas may be encouraged.

14(d) The Natural Resources Agency is encouraged, when
15designing guidelines, for grants awarded under this article, to utilize
16existing program guidelines including, if applicable, guidelines
17that have been established for the California Recreational Trails
18Act (Article 6 (commencing with Section 5070) of Chapter 1).

19

5884.01.  

Unless the entity has been identified as a
20disadvantaged community, an entity that receives an award under
21this article shall be required to provide a match of 20 percent.

22 

23Article 6.  Rural Recreation, Tourism, and Economic Enrichment
24Investment
25

 

26

5885.  

(a) begin deletePursuant to Section 5880.08, the end deletebegin insertThe end insertsum of fifty
27million dollars ($50,000,000) shall be available to the department,
28upon appropriation by the Legislature, to administer a competitive
29grant program for cities, counties, and districts in nonurbanized
30areas, that are eligible for a grant under the Roberti-Z’berg-Harris
31Urban Open-Space and Recreation Program Act (Chapter 3.2
32(commencing with Section 5620)). Notwithstanding subdivisions
33(c) and (e) of Section 5621 and for the purposes of this section,
34the definition of nonurbanized area shall be updated by the
35department to reflect current population levels. A nonurbanized
36area shall include counties with populations of less than 500,000
37people and low population densities per square mile, as determined
38by the department. In awarding the grants, the department may
39consider the following factors:

P15   1(1) Whether the project would provide new recreational
2opportunities in rural communities that have demonstrated
3deficiencies and lack of outdoor infrastructure in support of
4economic and health-related goals.

5(2) Whether the project proposes to acquire and develop lands
6to enhance residential recreation while promoting the quality of
7tourism experiences and the economic vitality of the community.
8These enhancements may include accessibility for individuals with
9disabilities, trails, bikeways, regional or destination-oriented
10recreational amenities, and visitor centers.

11(3) Whether the project includes collaboration between public
12and nonprofit organizations, including, but not limited to, nonprofit
13land trusts, to facilitate public access to privately-owned lands for
14regional trail development for wildlife viewing, recreation, or
15outdoor experiences for youth.

16(b) Unless the entity has been identified as a disadvantaged
17community, an entity that receives an award under this article shall
18be required to provide a match of 20 percent.

19(c) In addition to entities described in subdivision (a), an
20irrigation district exercising powers authorized under Section 22185
21of the Water Code is eligible for a grant under this article.

22 

23Article 7.  California Clean Water, Coastal, and Watershed
24Cobenefit Program
25

 

26

5886.  

(a) begin deletePursuant to Section 5880.08, the end deletebegin insertThe end insertsum of two
27hundred ten million dollars ($210,000,000) shall be available to
28the Natural Resources Agency, upon appropriation by the
29Legislature, for grants pursuant to the California River Parkway
30Act of 2004 (Chapter 3.8 (commencing with Sectionbegin delete 5750)).end deletebegin insert 5750))
31and the Urban Streams Restoration Program pursuant to Section
327048 of the Water Code.end insert
Eligible projects shall include, but are
33not limited to, projects that protect and enhance urban creeks.

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.

37(c) To maximize cooperation and leverage resources, the Natural
38Resources Agency may give priority to projects that include
39partnerships among federal, state, and local agencies and to projects
P16   1proposed by nonprofit organizations, including, but not limited to,
2nonprofit land trusts.

3(d) begin deleteNot end deletebegin insertNotwithstanding any other provision of this division,
4not end insert
less than 50 percent of the amountbegin delete made availableend deletebegin insert appropriated
5by the Legislatureend insert
pursuant to this section shall bebegin delete allocatedend delete for
6project grantsbegin delete to protect and enhanceend deletebegin insert for the protection and
7enhancement ofend insert
an urban creek, as defined in subdivision (e) of
8Section 7048 of the Water Code, and its tributaries,begin insert and expendedend insert
9 pursuant to Division 22.8 (commencing with Section 32600),
10Division 23 (commencing with Section 33000), and Section 79508
11of the Water Code. Moneybegin delete allocatedend deletebegin insert appropriatedend insert pursuant to this
12subdivision shall be equally divided between projects in areas
13described in Division 22.8 (commencing with Section 32600) and
14projects in areas described in Division 23 (commencing with
15Section 33000).begin insert Projects serving disadvantaged communities shall
16have priority for funding under this subdivision.end insert

begin insert

17
(e) Of the amount made available pursuant to subdivision (a),
18____ dollars ($____) shall be available for purposes of the Lower
19American River Conservancy Program or the American River
20Parkway Plan, as defined in Section 5841.

end insert
begin delete

21(e)

end delete

22begin insert(f)end insert Not less thanbegin delete 5end deletebegin insert ____end insert percent of the amount made available
23pursuant to this section shall be allocated to the Santa Ana River
24Program pursuant to Chapter 4.6 (commencing with Section 31170)
25of Division 21.

begin insert
26

begin insert5886.02.end insert  

____ dollars ($____) shall be available, upon
27appropriation by the Legislature, to implement the Urban Streams
28Restoration Program for streams not otherwise eligible for funding
29pursuant to this article.

end insert
begin insert
30

begin insert5886.04.end insert  

____ dollars ($____) shall be available to the Natural
31Resources Agency, upon appropriation by the Legislature, for
32existing multi-benefit urban streams projects that are not otherwise
33eligible for funding pursuant to this article.

end insert
begin insert
34

begin insert5886.06.end insert  

The Natural Resources Agency is encouraged, when
35developing guidelines for grants awarded under this article, to
36utilize existing programs, including, but not limited to, the urban
37streams program through which communities enter into
38partnerships with state agencies for multibenefit projects to
39enhance and restore waterways.

end insert

 

P17   1Article 7.5.  State Conservancy Funding
2

 

3

5887.  

begin deletePursuant to Section 5880.08, the end deletebegin insertThe end insertsum ofbegin delete two hundred
4forty-five millionend delete
begin insert ____end insert dollarsbegin delete ($245,000,000)end deletebegin insert ($____)end insert shall be
5available, upon appropriation by the Legislature, in accordance
6with the following schedule, to fulfill the purposes of the specified
7entity:

8(a) Baldwin Hills Conservancy, five million dollars
9($5,000,000).

10(b) California Tahoe Conservancy, seventeen million five
11hundred thousand dollars ($17,500,000).

12(c) Coachella Mountains Conservancy, ten million dollars
13($10,000,000).

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

16(e) Salton Sea Authority, twenty-five million dollars
17($25,000,000).begin insert These moneys shall be for capital outlay projects
18that provide air quality and habitat benefits and that implement
19 the Natural Resources Agency’s Salton Sea Management Program.end insert

20(f) San Diego River Conservancy, fifteen million dollars
21($15,000,000).

22(g) San Gabriel and Lower Los Angeles Rivers and Mountains
23Conservancy, twenty-five million dollars ($25,000,000).

24(h) San Joaquin River Conservancy, ten million dollars
25 ($10,000,000).

26(i) Santa Monica Mountains Conservancy,begin delete twentyend deletebegin insert twenty-fiveend insert
27 million dollarsbegin delete ($20,000,000).end deletebegin insert ($25,000,000).end insert

28(j) Sierra Nevada Conservancy, twenty-two million five hundred
29thousand dollars ($22,500,000).

30(k) State Coastal Conservancy, eighty million dollars
31($80,000,000). Of this amount, not less than 40 percent shall go
32toward the San Francisco Bay Area Conservancy Program (Chapter
334.5 (commencing with Section 31160) of Division 21).

begin insert
34

begin insert5887.01.end insert  

It is the intent of the Legislature to increase the
35funding specified in Section 5887 to an amount above two hundred
36fifty million dollars ($250,000,000).

end insert
37

5887.02.  

The Legislature shall strive to consider population
38size, land mass, and natural resource significance as factors when
39determining the amount of any other funds to be made available
40to an entity listed in Section 5887.

P18   1

5887.03.  

A receiving entity in Section 5887 shall develop and
2adopt a strategic master plan that identifies priorities and specific
3criteria for selecting projects for funding. The strategic plan shall
4include strategies for providing public access to conserved lands
5wherever feasible and be consistent with project goals and
6objectives.

7

5887.04.  

Conservancies, in expending the funding available
8under this article, shall endeavor, where practical, to partner with
9cities, counties, nonprofit organizations, and nongovernmental
10organizations to acquire open space and create urban greenway
11corridors.

12 

13Article 8.  Climate Preparedness and Habitat Resiliency
14

 

15

5888.  

begin deletePursuant to Section 5880.08, the end deletebegin insertThe end insertsum ofbegin delete six hundred
16fifteen millionend delete
begin insert ____end insert dollarsbegin delete ($615,000,000)end deletebegin insert ($____)end insert shall be
17available, upon appropriation by the Legislature, to plan, develop,
18and implement climate adaptation and resiliency projects that
19improve a community’s ability to adapt to the unavoidable impacts
20of climate change. Projects shall improve and protect coastal and
21rural economies, agricultural viability, wildlife corridors, or habitat,
22develop future recreational opportunities, or enhance drought
23tolerance and water retention, in accordance with the following
24schedule:

25(a) (1) begin deleteThree hundred forty million end deletebegin insert ___end insertbegin insert end insertdollarsbegin delete ($340,000,000)end delete
26begin insert ($____)end insert shall be available to the Wildlife Conservation Board for
27grants for any of the following:

28(A) Projects for the acquisition, development, rehabilitation,
29restoration, protection, and expansion of wildlife corridors and
30open space, including projects to improve connectivity and reduce
31barriers between habitat areas. In awarding grants pursuant to this
32subparagraph, special consideration may be given to projects that
33protect state-designated wildlifebegin delete corridors.end deletebegin insert corridors and wildlife
34corridors threatened by urban development.end insert

35 (B) Projects for the acquisition, development, rehabilitation,
36restoration, protection, and expansion of habitat that promote the
37recovery of threatened and endangered species.

38(C) Projects to improve climate adaptation and resilience of
39natural systems.

P19   1(D) Projects to protect and improve existing open-space
2corridors and trail linkages related to utility or transportation
3infrastructure that provide habitat connectivity and public access
4or trails.

5(2) Applications submitted pursuant to this subdivision that
6promote projects seeking to preserve the working character of
7lands, including uninterrupted agricultural and rangeland practices,
8through conservation easements, may be given additional
9consideration.

10(3) Of the amount subject to this subdivision,begin delete fifty-five millionend delete
11begin insert ____end insert dollarsbegin delete ($55,000,000)end deletebegin insert ($____)end insert shall be available for the
12acquisition, development, rehabilitation, restoration, protection,
13and expansion of habitat that furthers the implementation of
14adopted natural community conservationbegin delete plansend deletebegin insert plans, as set forth
15in the Natural Community Conservation Planning Act (Chapter
1610 (commencing with Section 2800) of Division 3 of the Fish and
17Game Code),end insert
to help resolve resource conflicts by balancing
18communitywide conservation, planning, and economic activities.
19
begin insert It is the intent of the Legislature to increase the funding specified
20in this paragraph to an amount above fifty-five million dollars
21($55,000,000).end insert

22(4) Of the amount subject to this subdivision, ten million dollars
23($10,000,000) shall be administered through the Department of
24Fish and Wildlife for competitive grants to wildlife rehabilitation
25facilities operated by nongovernmental entities.

begin insert

26
(5) It is the intent of the Legislature to increase the funding
27specified in paragraph (1) to an amount above three hundred forty
28million dollars ($340,000,000).

end insert

29(b) Eighty million dollars ($80,000,000) shall be available for
30 deposit into the California Climate Resilience Account, established
31pursuant to Section 31012, for projects that assist coastal
32communities, including those reliant on commercial fisheries, with
33adaptation to climate change, including projects that address ocean
34acidification, sea level rise, or the protection of habitat associated
35with the Pacific Flyway.

36(c) Fifteen million dollars ($15,000,000) shall be available for
37projects that improve agricultural and open-space soil health, to
38improve carbon soil sequestration, erosion control, water quality,
39and waterbegin delete retention.end deletebegin insert retention, which may end insertbegin insertin part be allocated to
40the Department of Conservation for watershed restoration and
P20   1conservation projects on agricultural lands pursuant to Section
29084.end insert

3(d) (1) Sixty million dollars ($60,000,000) shall be available
4for projects that reduce fire risk, improve forest health, and provide
5feedstock for compost, energy, or alternative fuels facilities.
6Projects may include, but are not limited to, forest restoration
7projects that include hazardous fuel reduction, post-fire watershed
8rehabilitation, and forest management practices that promote forest
9resilience to wildfire, climate change, and other disturbances.
10Unless otherwise specified by the Legislature, project funds shall
11be equally administered by the Department of Forestry and Fire
12Protection and by the Sierra Nevada Conservancy.

13(2) Of the amount subject to this subdivision, up to five million
14dollars ($5,000,000) shall be available from the Department of
15Forestry and Fire Protection to the California Tahoe Conservancy
16for projects consistent with this subdivision.

begin insert

17
(e) ____ dollars ($____) shall be available to the Department
18of Forestry and Fire Protection for existing urban forestry
19programs and priority shall be given to local governments that
20have not previously been awarded a grant under an existing urban
21forestry program.

end insert
begin delete

22(e)

end delete

23begin insert(f)end insert Forty million dollars ($40,000,000) shall be available to the
24California Conservation Corps for projects to rehabilitate or
25improve parks and restore watersheds, including regional and
26community fuel load reduction projects on public lands, and stream
27and river restoration projects. Not less than 50 percent of these
28funds shall be in the form of grants to certified local community
29conservation corps, as defined in Section 14507.5, including local
30community conservation corps that have secured certification
31within the last three to five years prior to the grant application
32date.

begin delete

33(f)

end delete

34begin insert(g)end insert (1) Eighty million dollars ($80,000,000) shall be available
35to the Natural Resources Agency, upon appropriation by the
36Legislature, to award funding to projects identified by local
37agencies, nongovernmental land conservation organizations,
38federally recognized Native American tribes, or nonfederally
39recognized California Native American tribes listed on the
P21   1California Tribal Consultation list maintained by the Native
2American Heritage Commission for any of the following:

3(A) Projects that involve the restoration, protection, and
4acquisition of natural, cultural, and historic resources within the
5state.

6(B) Projects that convert and repurpose properties formerly
7operating as fossil fuel power plants to create permanently
8protected open space, tourism, and park opportunities through fee
9title and conservation easements.

10(C) Projects that enhance water and natural resource values or
11promote economic activity through improved recreation, tourism,
12and natural resource investment in those areas of the state not
13within the jurisdiction of a state conservancy.

14(2) Before a grant is awarded pursuant to this subdivision, a
15project applicant shall demonstrate availability to the applicant of
16a minimum 20 percent match from other funds. Project applicants
17shall be encouraged to leverage all available local, federal, and
18nongovernmental sources to maximize funding distribution.

begin insert

19
(h) ____ dollars ($____) shall be available to the Ocean
20Protection Council for purposes of carrying out its duties.

end insert

21 

22Article 9.  Fiscal Provisions
23

 

24

5889.  

(a) Bonds in the total amount ofbegin delete three billion one
25hundred twenty millionend delete
begin insert ____end insert dollars begin delete ($3,120,000,000),end delete begin insert ($____),end insert
26 not including the amount of any refunding bonds issued in
27accordance with Section 5889.12, may be issued and sold to
28provide a fund to be used for carrying out the purposes expressed
29in this chapter and to reimburse the General Obligation Bond
30Expense Revolving Fund pursuant to Section 16724.5 of the
31Government Code. The bonds, when sold, shall be and constitute
32a valid and binding obligation of the State of California, and the
33full faith and credit of the State of California is hereby pledged
34for the punctual payment of both the principal of, and interest on,
35the bonds as the principal and interest become due and payable.

36(b) The Treasurer shall sell the bonds authorized by the
37committee pursuant to this section. The bonds shall be sold upon
38the terms and conditions specified in a resolution to be adopted
39by the committee pursuant to Section 16731 of the Government
40Code.

P22   1

5889.01.  

The bonds authorized by this chapter shall be
2prepared, executed, issued, sold, paid, and redeemed as provided
3in the State General Obligation Bond Law (Chapter 4 (commencing
4with Section 16720) of Part 3 of Division 4 of Title 2 of the
5Government Code), and all of the provisions of that law apply to
6the bonds and to this chapter.

7

5889.02.  

(a) Solely for the purpose of authorizing the issuance
8and sale, pursuant to the State General Obligation Bond Law
9(Chapter 4 (commencing with Section 16720) of Part 3 of Division
104 of Title 2 of the Government Code), of the bonds authorized by
11this chapter, the California Parks, Water, Climate, and Coastal
12Protection and Outdoor Access For All Finance Committee is
13hereby created. For purposes of this chapter, the California Parks,
14Water, Climate, and Coastal Protection and Outdoor Access For
15All Finance Committee is the “committee” as that term is used in
16the State General Obligation Bond Law.

17(b) The committee consists of the Director of Finance, the
18Treasurer, and the Controller. Notwithstanding any other provision
19of law, any member may designate a representative to act as that
20member in his or her place for all purposes, as though the member
21were personally present.

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

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

24

5889.03.  

The committee shall determine whether or not it is
25necessary or desirable to issue bonds authorized by this chapter in
26order to carry out the actions specified in this chapter and, if so,
27the amount of bonds to be issued and sold. Successive issues of
28bonds may be authorized and sold to carry out those actions
29progressively, and it is not necessary that all of the bonds
30authorized to be issued be sold at any one time.

31

5889.04.  

For purposes of the State General Obligation Bond
32Law, “board,” as defined in Section 16722 of the Government
33Code, means the Secretary of the Natural Resources Agency.

34

5889.05.  

There shall be collected each year and in the same
35manner and at the same time as other state revenue is collected,
36in addition to the ordinary revenues of the state, a sum in an amount
37required to pay the principal of, and interest on, the bonds each
38year. It is the duty of all officers charged by law with any duty in
39regard to the collection of the revenue to do and perform each and
40every act that is necessary to collect that additional sum.

P23   1

5889.06.  

Notwithstanding Section 13340 of the Government
2Code, there is hereby appropriated from the General Fund in the
3State Treasury, for the purposes of this chapter, an amount that
4will equal the total of the following:

5(a) The sum annually necessary to pay the principal of, and
6interest on, bonds issued and sold pursuant to this chapter, as the
7principal and interest become due and payable.

8(b) The sum that is necessary to carry out the provisions of
9Section 5889.09, appropriated without regard to fiscal years.

10

5889.07.  

The board may request the Pooled Money Investment
11Board to make a loan from the Pooled Money Investment Account
12in accordance with Section 16312 of the Government Code for the
13purpose of carrying out this chapter less any amount withdrawn
14pursuant to Section 5889.09. The amount of the request shall not
15exceed the amount of the unsold bonds that the committee has, by
16resolution, authorized to be sold for the purpose of carrying out
17this chapter. The board shall execute those documents required by
18the Pooled Money Investment Board to obtain and repay the loan.
19Any amounts loaned shall be deposited in the fund to be allocated
20in accordance with this chapter.

21

5889.08.  

Notwithstanding any other provision of this chapter,
22or of the State General Obligation Bond Law, if the Treasurer sells
23bonds that include a bond counsel opinion to the effect that the
24interest on the bonds is excluded from gross income for federal
25tax purposes under designated conditions or is otherwise entitled
26to any federal tax advantage, the Treasurer may maintain separate
27accounts for the bond proceeds invested and for the investment
28earnings on those proceeds, and may use or direct the use of those
29proceeds or earnings to pay any rebate, penalty, or other payment
30required under federal law or take any other action with respect
31to the investment and use of those bond proceeds, as may be
32required or desirable under federal law in order to maintain the
33tax-exempt status of those bonds and to obtain any other advantage
34under federal law on behalf of the funds of this state.

35

5889.09.  

For the purposes of carrying out this chapter, the
36Director of Finance may authorize the withdrawal from the General
37Fund of an amount or amounts not to exceed the amount of the
38unsold bonds that have been authorized by the committee to be
39sold for the purpose of carrying out this chapter less any amount
40borrowed pursuant to Section 5889.09. Any amounts withdrawn
P24   1shall be deposited in the fund. Any moneys made available under
2this section shall be returned to the General Fund, with interest at
3the rate earned by the moneys in the Pooled Money Investment
4Account, from proceeds received from the sale of bonds for the
5purpose of carrying out this chapter.

6

5889.10.  

All moneys deposited in the fund that are derived
7from premium and accrued interest on bonds sold pursuant to this
8chapter shall be reserved in the fund and shall be available for
9transfer to the General Fund as a credit to expenditures for bond
10interest, except that amounts derived from premiums may be
11reserved and used to pay the cost of bond issuance prior to any
12transfer to the General Fund.

13

5889.11.  

Pursuant to Chapter 4 (commencing with Section
1416720) of Part 3 of Division 4 of Title 2 of the Government Code,
15the cost of bond issuance shall be paid out of the bond proceeds,
16including premiums, if any. To the extent the cost of bond issuance
17is not paid from premiums received from the sale of bonds, these
18costs shall be shared proportionately by each program funded
19through this chapter by the applicable bond sale.

20

5889.12.  

The bonds issued and sold pursuant to this chapter
21may be refunded in accordance with Article 6 (commencing with
22Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of
23the Government Code, which is a part of the State General
24Obligation Bond Law. Approval by the voters of the state for the
25issuance of the bonds under this chapter shall include approval of
26the issuance of any bonds issued to refund any bonds originally
27issued under this chapter or any previously issued refunding bonds.

28

5889.13.  

The proceeds from the sale of bonds authorized by
29this chapter are not “proceeds of taxes” as that term is used in
30Article XIII B of the California Constitution, and the disbursement
31of these proceeds is not subject to the limitations imposed by that
32article.

33

SEC. 2.  

(a) Notwithstanding the requirements of Sections
349040, 9043, 9044, 9061, and 9082 of the Elections Code, or any
35other law, the Secretary of State shall submit this act to the voters
36at the November 8, 2016, statewide general election.

37(b) The Secretary of State shall include in the ballot pamphlets
38mailed pursuant to Section 9094 of the Elections Code the
39information specified in Section 9084 of the Elections Code
40regarding the bond act contained in this act. If that inclusion is not
P25   1possible, the Secretary of State shall publish a supplemental ballot
2pamphlet regarding this act to be mailed with the ballot pamphlet.
3 If the supplemental ballot pamphlet cannot be mailed with the
4ballot pamphlet, the supplemental ballot pamphlet shall be mailed
5separately.

6(c) Notwithstanding Section 9054 of the Elections Code or any
7other law, the translations of the ballot title and the condensed
8statement of the ballot title required pursuant to Section 9054 of
9the Elections Code may be made available for public examination
10at a later date than the start of the public examination period for
11the ballot pamphlet, provided that the translations of the ballot title
12and the condensed statement of the ballot title must remain
13available for public examination for eight days.

14(d) Notwithstanding Section 13282 of the Elections Code or
15any other law, the public shall be permitted to examine the
16condensed statement of the ballot title for not more than eight days.
17Any voter may seek a writ of mandate for the purpose of requiring
18the condensed statement of the ballot title, or portion thereof, to
19be amended or deleted only within that eight-day period.

20

SEC. 3.  

This act shall take effect upon approval by the voters
21of the California Parks, Water, Climate, and Coastal Protection
22and Outdoor Access For All Act, as set forth in Section 1 of this
23act.

24

SEC. 4.  

This act is an urgency statute necessary for the
25immediate preservation of the public peace, health, or safety within
26the meaning of Article IV of the Constitution and shall go into
27immediate effect. The facts constituting the necessity are:

28In order to fund a California parks, water, climate, and coastal
29protection and outdoor access for all program at the earliest
30possible date, it is necessary that this act take effect immediately.



O

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