Amended in Senate August 19, 2016

Amended in Senate August 16, 2016

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 Bill No. 2444

Introduced by Assembly Member Eduardo Garcia

(Principal coauthors: Assembly Members Alejo and Levine)

(Coauthors: Assembly Members begin insert Chiu, Chu, Dodd, end insert Eggman, Gonzalez, begin delete and McCarty end delete begin insert McCarty, and O’Donnell end insert )

begin insert

(Coauthor: Senator Pavley)

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 begin delete 2016. end delete begin insert 2018. end insert

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 begin delete 2016, end delete begin insert 2018, end insert which, if approved by the voters, would authorize the issuance of bonds in an amount of begin delete $2,000,000,000 end delete begin insert $3,497,500,000 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 begin delete November 8, 2016, end delete begin insert June 5, 2018, end insert statewide begin delete general end delete begin insert primary direct end insert 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

begin delete 2016 end delete begin insert 2018 end insert

 

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 begin delete 5889.02. end delete begin insert 5890.02. end insert

begin insert

(b) “Conservation actions on private lands” means projects
with willing landowners that involve the adaptive flexible
management of natural resources in response to changing
conditions and threats to habitat and wildlife. These projects result
in habitat conditions on private lands that, when managed
dynamically over time, contribute to the long-term health and
resiliency of vital ecosystems and enhance wildlife populations.

end insert begin delete

(b)

end delete

begin insert (c) end insert  “Department” means the Department of Parks and
Recreation.

begin delete

(c)

end delete

begin insert (d) end insert  “Disadvantaged community” has the same meaning set forth
in subdivision (g) of Section 75005.

begin delete

(d)

end delete

begin insert (e) end insert  “Fund” means the California Parks, Water, Climate, and
Coastal Protection and Outdoor Access For All Fund, created by
Section begin delete 5880.08. end delete begin insert 5880.085. end insert

begin insert

(f) “Heavily urbanized city” means a city with a population of
300,000 or more.

end insert begin insert

(g) “Heavily urbanized county” means a county with a
population of 3,000,000 or more.

end insert begin delete

(e)

end delete

begin insert (h) end insert  “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.

begin insert

(i) “Nonprofit organization” means a nonprofit corporation
qualified to do business in California and qualified under Section
501(c)(3) of the Internal Revenue Code.

end insert begin delete

(f)

end delete

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

begin delete

(g)

end delete

begin insert (k) end insert  “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.

begin delete

(h)

end delete

begin insert (l) end insert  “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.

begin delete

(i)

end delete

begin insert (m) end insert  “Severely disadvantaged community” begin delete has the same meaning
set forth in subdivision (g) of Section 75005. end delete begin insert means a community
with a median household income less than 60 percent of the
statewide average. end insert

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)  begin delete At end delete begin insert (1) end insert begin insert   end insert begin insert Except as provided in paragraph (2), at end insert
least 20 percent of the funds available pursuant to each article of
this chapter shall be allocated for projects serving severely
disadvantaged communities.

begin insert

(2) At least 15 percent of the funds available pursuant to Article
8 (commencing with Section 5888) and Article 9 (commencing
with Section 5889) shall be allocated for projects serving severely
disadvantaged communities.

end insert

(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 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)  begin insert (1) end insert begin insert   end insert 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.

begin insert

(2) Guidelines adopted pursuant to this subdivision shall
encourage, where feasible, inclusion of the following project
components:

end insert begin insert

(A) Efficient use and conservation of water supplies.

end insert begin insert

(B) Use of recycled water.

end insert begin insert

(C) The capture of stormwater to reduce stormwater runoff,
reduce water pollution, or recharge groundwater supplies, or a
combination thereof.

end insert begin insert

(D) Provision of safe and reliable drinking water supplies to
park and open-space visitors.

end insert

(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 begin delete site. end delete begin insert site in a
downloadable spreadsheet format. The spreadsheet shall include
information about the location and footprint of each funded project,
the project’s objectives, the status of the project, anticipated
outcomes, any matching moneys provided for the project by the
grant recipient, and the applicable article of this chapter pursuant
to which the grant recipient received moneys. end insert

(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.

begin insert

begin insert 5880.065. end insert   

If any moneys allocated pursuant to this chapter are
not encumbered or expended by the recipient entity within the time
period specified by the administering agency, the unexpended
moneys shall revert to the administering entity for allocation
consistent with the applicable article.

end insert

5880.07.  

To the extent feasible, a project whose application
includes the use of services of the California Conservation Corps,
certified community conservation corps, as defined in Section
14507.5, or other nonprofit entities that provide job training and
education opportunities for veterans, foster care recipients,
farmworkers, or local youth in conservation or restoration projects
shall be given preference for receipt of a grant under this chapter.

5880.075.  

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

5880.076.  

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

5880.077.  

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

(b) This section shall not apply to Article 2 (commencing with
Section begin delete 5881). end delete begin insert 5881), Article 3 (commencing with Section 5882),
Article 5 (commencing with Section 5884), or Article 6
(commencing with Section 5885). end insert

begin insert

begin insert 5880.078. end insert   

A state agency that receives funding to administer
a grant program under this chapter shall report to the Legislature
by January 1, 2027, on its expenditures pursuant to this chapter
and the public benefits received from those expenditures.

end insert begin insert

begin insert 5880.080. end insert   

A state conservancy receiving funding pursuant to
this article shall endeavor to allocate funds that are complimentary,
but not duplicative, of authorized expenditures made pursuant to
Chapter 188 of the Statutes of 2014.

end insert begin insert

begin insert 5880.082. end insert   

Funding pursuant to this chapter may be used for
grants and loans to nonprofit organizations to repay financing
described in Section 22064 of the Financial Code for projects that
are consistent with the purposes of this chapter.

end insert begin insert

begin insert 5880.084. end insert   

For grants awarded for projects that serve a
disadvantaged community, the administering entity shall provide
advanced payments in the amount of 25 percent of the grant award
to the recipient to initiate the project in a timely manner. The
administering entity may adopt additional requirements for the
recipient of the grant regarding the use of the advanced payments
to ensure that the moneys are used properly.

end insert

begin delete 5880.08. end delete

begin insert 5880.085. end insert   

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

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

(b) When developing or revising criteria or guidelines for the
grant program, the department may begin delete 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. end delete begin insert give additional consideration
to projects that incorporate stormwater capture and storage or
otherwise reduce stormwater pollution. The department shall
perform its due diligence by conducting a rigorous prequalification
process to determine the fiscal and operational capacity and ability
of a potential grant recipient to do both of the following: end insert

begin insert

(1) Manage a project to maximize public benefit in perpetuity.

end insert begin insert

(2) Implement the project in a timely manner.

end insert begin insert

(c) For grants awarded for projects that serve a disadvantaged
community, the administering entity shall provide advanced
payments in the amount of 25 percent of the grant award to the
recipient to initiate the project in a timely manner. The
administering entity may adopt additional requirements for the
recipient of the grant regarding the use of the advanced payments
to ensure that the moneys are used properly.

end insert

begin insert

begin insert 5881.01. end insert   

Of the amount available pursuant to subdivision (a)
of Section 5881, not less than 20 percent shall be available for the
rehabilitation, repurposing, or substantial improvement of existing
park infrastructure in communities of the state that will lead to
increased use and enhanced user experiences, consistent with the
Statewide Park Development and Community Revitalization Act
of 2008 (Chapter 3.3 (commencing with Section 5640)).

end insert begin insert

begin insert 5881.02. end insert   

Of the amount available pursuant to subdivision (a)
of Section 5881, to correct historic underinvestments in the central
valley, Inland Empire, gateway, and desert communities, the sum
of forty-eight million dollars ($48,000,000) shall be available for
local park improvement grants to the communities identified by
the department as park deficient within those areas for active
recreational projects, including aquatic centers, to encourage
youth health, fitness, and recreational pursuits. Projects that
include the donation of land, materials, or volunteer services and
that demonstrate collaborations of multiple entities and the
leveraging of scarce resources may be given consideration. Entities
that receive a grant under this section may also be eligible to
receive a grant under subdivision (a) of Section 5881.

end insert

 

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 entity, including, but not
limited to, a district operating multiple-use begin delete park lands end delete begin insert parklands end insert
pursuant to Division 20 (commencing with Section begin delete 71660) end delete begin insert 71000) end insert
of the Water Code, 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) The sum of begin delete ____ end delete begin insert four hundred fifty million end insert dollars
begin delete ($____) end delete begin insert ($450,000,000) end insert shall be available to the department, upon
appropriation by the Legislature, for local park rehabilitation and
improvement grants to local governments on a per capita basis.
Grant recipients shall be encouraged to utilize awards to rehabilitate
existing infrastructure and to address deficiencies in neighborhoods
lacking access to the outdoors.

(b)  begin delete Pursuant to Section 5880.08, the end delete begin insert The end insert sum of begin delete ____ end delete begin insert forty
million end insert dollars begin delete ($____) end delete begin insert ($40,000,000) end insert 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 begin delete for end delete begin insert of end insert 500,000 or begin delete greater. end delete begin insert more. end insert
An entity eligible to receive funds under this subdivision shall also
be eligible to receive funds available under subdivision (a).

(c) 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 begin delete subdivision end delete begin insert each of subdivisions end insert
(a) begin insert and (b) end insert 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 begin delete ____ end delete begin insert two hundred fifty
thousand end insert dollars begin delete ($____). end delete begin insert ($250,000). end insert 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, begin delete 2018, end delete begin insert 2020, end insert 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 begin delete subdivision end delete begin insert each of subdivisions end insert (a) begin insert and (b) end insert
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 begin delete ____ end delete begin insert five hundred thousand end insert dollars begin delete ($____). end delete

begin insert ($500,000). end insert

(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) begin insert or (b) end insert 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) begin insert or (b) end insert 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) begin insert or (b) end insert 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.

5882.05.  

(a) 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.

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

5882.06.  

begin insert (a) end insert begin insert   end insert The sum of begin delete ____ end delete begin insert one hundred twenty million end insert
dollars begin delete ($____) end delete begin insert ($120,000,000) end insert 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 begin insert develop, end insert expand, begin insert improve, end insert rehabilitate,
or restore parks and park facilities, begin delete including end delete begin insert including, but not
limited to, end insert trails, begin delete that facilitate new or enhanced use and enhanced
user experiences. end delete begin insert regional trail networks, regional sports
complexes, low-cost accommodations in park facilities, and visitor,
outdoor, and interpretative facilities serving youth and communities
of color. end insert

begin insert

(b) In awarding moneys, the department shall encourage
applicants seeking funds for acquisition projects to perform
projects in conjunction with new or enhanced public-use and
public-access opportunities.

end insert begin insert

(c) Preference may be given to multiuse trail projects over
single-use trail projects.

end insert begin insert

(d) Of the amount available pursuant to this section, up to 5
percent may be available to provide a one-to-one match for
nonprofit organizations that offer recreational facilities to the
public free of charge and whose approved grant projects promote
outdoor and wilderness experiences for youth of low-income
households, who lack access to green-space opportunities, through
recreational programming, transportation, enhanced public access,
and outdoor educational programs.

end insert

 

begin insert

Article begin insert 3.5. end insert   begin insert Urban Recreation, Watershed, and Stormwater
Cobenefit Program end insert

end insert

 

begin insert

begin insert 5882.50. end insert   

The sum of one hundred eighty-seven million five
hundred thousand dollars ($187,500,000) shall be available, upon
appropriation by the Legislature, to promote and enhance
multibenefit greening projects in urbanized settings as follows:

(a) The sum of one hundred fifteen million dollars
($115,000,000) shall be available to the Natural Resources Agency
for project grants for the protection and enhancement of 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) and Division 23 (commencing with Section
33000) of this code and Section 79508 of the Water Code. Money
available 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). Projects serving
disadvantaged communities shall have priority for funding under
this subdivision.

(b) The sum of twelve million five hundred thousand dollars
($12,500,000) shall be available to the Santa Ana River
Conservancy Program pursuant to Chapter 4.6 (commencing with
Section 31170) of Division 21. To correct historic underinvestments
in park and green-space development, not less than 50 percent of
this amount shall be available to the State Coastal Conservancy
for grants to enhance park and recreational infrastructure within
the most park-deficient areas along the lower river in heavily
urbanized communities.

(c) (1) The sum of sixty million dollars ($60,000,000) shall be
available to the Strategic Growth Council for competitive grants
to cities, counties, regional park districts, park districts, regional
open-space districts, open-space authorities, conservation-based
nonprofit organizations, and joint powers authorities for
stormwater capture projects that lead to improved or enhanced
park, parkway, open-space, greenways, or green infrastructure
and provide for at least two of the following benefits:

(A) Reduce flooding.

(B) Reduce water pollution.

(C) Facilitate increased recharge of groundwater or otherwise
store water for reuse.

(D) Increase or otherwise enhance habitat for fish and wildlife.

(E) Promote adaptation and protect against sea level rise.

(F) Reduce heat island effects.

(2) In implementing this subdivision, the Strategic Growth
Council may draw from existing guidelines and provisions pursuant
to the urban greening program, as described by Chapter 729 of
the Statutes of 2008, or other program.

(3) If a countywide parcel tax measure for park-related
improvements is approved by the voters in a heavily urbanized
county at the November 6, 2016, general election, of the amount
available pursuant to this subdivision, the Legislature may
appropriate at least ten million dollars ($10,000,000) to the heavily
urbanized county as a block grant award to allocate funds within
that county to maximize recreation, greening, watershed, and
stormwater benefits consistent with park improvements identified
in that measure. For the purpose of maximizing the objectives of
this subdivision, a heavily urbanized county may award moneys
to water districts that administer river corridor projects. Agencies
eligible under this paragraph shall also be eligible for other grants
under this subdivision.

end insert

 

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

 

5883.  

(a) The sum of begin delete ____ end delete begin insert three hundred seventy million end insert
dollars begin delete ($____) end delete begin insert ($370,000,000) end insert shall be available to the department,
upon appropriation by the Legislature, for restoration and
preservation of existing state park facilities and begin delete units end delete begin insert units, to
promote greater access to those units through the provision of
low-cost overnight accommodations in ways that enhance access
and recreational opportunities for disadvantaged communities, end insert to
preserve and increase public access to those facilities and units
and to protect the natural, cultural, and historic resources of those
facilities and units. 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.

(b) Of the total amount available pursuant to this section, the
sum of begin delete ____ end delete begin insert twenty million end insert dollars begin delete ($____) end delete begin insert ($20,000,000) end insert 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) Of the total amount available pursuant to this section, the
sum of begin delete ____ end delete begin insert twenty million end insert dollars begin delete ($____) end delete begin insert ($20,000,000) end insert shall
be available to the department for grants to local agencies that
operate a unit of the state park 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.

begin insert

(d) Of the total amount available pursuant to this section, the
sum of twelve million five hundred thousand dollars ($12,500,000)
shall be available for projects in units of the state park system that
are managed by nonprofit organizations that have entered into
operating agreements with the department. Of this amount, not
less than five million dollars ($5,000,000) shall be available to
nonprofit organizations that operate a unit in the Inland Empire
State Park Program. An award recipient receiving funds pursuant
to this subdivision shall provide a match of 20 percent.

end insert begin delete

(d)

end delete

begin insert (e) end insert  Of the total amount available pursuant to this section, the
sum of begin delete ____ end delete begin insert seventy million end insert dollars begin delete ($____) end delete begin insert ($70,000,000) end insert 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:

(1) The sum of begin delete ____ end delete begin insert ten million end insert dollars begin delete ($____) end delete begin insert ($10,000,000) end insert
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.

(2) The sum of begin delete ____ end delete begin insert ten million end insert dollars begin delete ($____) end delete begin insert ($10,000,000) end insert
to implement a Central Coast State Park Program. begin delete In order to be
eligible under this paragraph, a park shall be located in the County
of Ventura. end delete

(3) The sum of begin delete ____ end delete begin insert fifteen million end insert dollars begin delete ($____) end delete
begin insert ($15,000,000) end insert to implement an East Bay State Park Program.

(4) The sum of begin delete ____ end delete begin insert ten million end insert dollars begin delete ($____) end delete begin insert ($10,000,000) end insert
to implement a High Desert-Coachella Valley State Park Program.

(5) The sum of begin delete ____ end delete begin insert ten million end insert dollars begin delete ($____) end delete begin insert ($10,000,000) end insert
to implement an Inland Empire State Park Program.

(6) The sum of begin delete ____ end delete begin insert fifteen million end insert dollars begin delete ($____) end delete
begin insert ($15,000,000) end insert to implement a San Diego State Park Program.
Priority may be given to projects bordering a national estuary.

begin delete

(e)

end delete

begin insert (f) end insert  Of the total amount available pursuant to this section, the
sum of begin delete ____ end delete begin insert fifty million end insert dollars begin delete ($____) end delete begin insert ($50,000,000) end insert shall be
available to the department for direct distribution to the begin delete twelve end delete begin insert 12 end insert
districts within the department to address historic underinvestments
in units of the state park system.

5883.01.  

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.

5883.02.  

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

 

Article 5.  Trails and begin delete Waterfront end delete Greenway Investment

 

5884.  

(a) The sum of begin delete ____ end delete begin insert fifty million end insert dollars begin delete ($____) end delete
begin insert ($50,000,000) end insert shall be available to the Natural Resources Agency,
begin insert working in cooperation with the department, end insert 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 begin delete guidelines, end delete begin insert guidelines end insert for grants awarded under this
article, to utilize existing program guidelines including, if
applicable, guidelines that have been established for the California
Recreational Trails Act (Article 6 (commencing with Section 5070)
of Chapter begin delete 1). end delete begin insert 1) and, to the extent possible, to design guidelines
that are consistent with the California Recreational Trails Plan,
as described in Article 6 (commencing with Section 5070) of
Chapter 1. end insert

5884.01.  

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

 

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

 

5885.  

(a) The sum of begin delete ____ end delete begin insert forty-five million end insert dollars begin delete ($____) end delete
begin insert ($45,000,000) end insert 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.

begin delete

(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.

end delete

 

Article 7.  California begin delete Clean Water, Coastal, and Watershed
Cobenefit end delete begin insert River Recreation, Creek, and Waterway Improvements end insert
Program

 

5886.  

(a) The sum of begin delete ____ end delete begin insert one hundred fifteen million end insert dollars
begin delete ($____) end delete begin insert ($115,000,000) 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)) and the Urban Streams
Restoration Program pursuant to Section 7048 of the Water Code.
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.

begin delete

(d) Nothwithstanding any other provision of this division, 60
percent of the funds appropriated pursuant to this section shall be
expended for project grants in the area described in the watershed
of the Los Angeles River upstream of the northernmost boundary
of the City of Vernon, and 40 percent of the funds shall be
expended for project grants in the remainder of the Los Angeles
River area.

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

(f) Not less than ____ 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 delete begin insert

(d) Of the amount made available pursuant to subdivision (a),
not less than seven million five hundred thousand dollars
($7,500,000) shall be available for the Lower American River
Conservancy Program, if that program is created.

end insert begin insert

(e) Of the amount made available pursuant to subdivision (a),
not less than ten million dollars ($10,000,000) shall be available
for improvements in and along the Guadalupe River and its
headwaters or contributing tributaries, including Los Gatos Creek,
upon the enactment of subsequent legislation that demonstrates a
comprehensive local and regional approach to restoration, public
recreation, and management of the river corridor.

end insert begin insert

(f) Of the amount made available pursuant to subdivision (a),
not less than fifteen million dollars ($15,000,000) shall be available
to implement the Urban Streams Restoration Program, established
pursuant to Section 7048 of the Water Code.

end insert

begin delete

5886.02.  

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

end delete begin delete

5886.04.  

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

end delete begin insert

begin insert 5886.04. end insert   

The sum of thirty-seven million five hundred thousand
dollars ($37,500,000) shall be available to the Salton Sea
Authority, upon appropriation by the Legislature, for capital outlay
projects that provide air quality and habitat benefits and that
implement the Natural Resource Agency’s Salton Sea Management
Program. Of this amount, not less than ten million dollars
($10,000,000) shall be available for purposes consistent with the
New River Water Quality, Public Health, and River Parkway
Development Program, as described in Section 71103.6.

end insert

5886.06.  

begin delete The end delete begin insert To the maximum extent feasible, the end insert Natural
Resources Agency is encouraged, when developing guidelines for
grants awarded under this article, to utilize existing begin delete programs, end delete
begin insert programs through which communities enter into partnerships with
state agencies for multibenefit projects to enhance and restore
waterways, end insert including, but not limited to, the begin delete urban streams program
through which communities enter into partnerships with state
agencies for multibenefit projects to enhance and restore
waterways. end delete begin insert Riverine Stewardship Technical Assistance program. end insert

 

Article 7.5.  State Conservancy Funding

 

5887.  

The sum of begin delete ____ end delete begin insert one hundred sixty-five million end insert dollars
begin delete ($____) end delete begin insert ($165,000,000) 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, begin delete ____ end delete begin insert five million end insert dollars

begin delete ($____). end delete begin insert ($5,000,000). end insert

(b) California Tahoe Conservancy, begin delete ____ end delete begin insert twenty million end insert dollars

begin delete ($____). end delete begin insert ($20,000,000). end insert

(c) Coachella Mountains Conservancy, begin delete ____ end delete begin insert ten million end insert dollars

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

(d) Sacramento-San Joaquin Delta Conservancy, begin delete ____ end delete begin insert fifteen
million end insert dollars begin delete ($____). end delete begin insert ($15,000,000). end insert

begin delete

(e) Salton Sea Authority, ____ dollars ($____). These moneys
shall be for capital outlay projects that provide air quality and
habitat benefits and that implement the Natural Resources Agency’s
Salton Sea Management Program.

(f)

end delete

begin insert (e) end insert  San Diego River Conservancy, begin delete ____ end delete begin insert fifteen million end insert dollars

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

begin delete

(g)

end delete

begin insert (f) end insert  San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy, begin delete ____ end delete begin insert thirty million end insert dollars begin delete ($____). end delete begin insert ($30,000,000).
Of this amount, not less than two million five hundred thousand
dollars ($2,500,000) shall be allocated as a cost share to match
United States Forest Service funds for resource management
purposes of upper watershed lands. Not less than twenty-two
million five hundred thousand dollars ($22,500,000) shall be made
available for improvements in and along the San Gabriel River
from moneys made available from this subdivision and subdivision
(a) of Section 5882.50. end insert

begin delete

(h)

end delete

begin insert (g) end insert  San Joaquin River Conservancy, begin delete ___ end delete _ begin insert ten million end insert dollars

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

begin delete

(i)

end delete

begin insert (h) end insert  Santa Monica Mountains Conservancy, begin delete ____ end delete begin insert thirty million end insert
dollars begin delete ($____). end delete begin insert ($30,000,000). end insert

begin delete

(j)

end delete

begin insert (i) end insert  Sierra Nevada Conservancy, begin delete ____ end delete begin insert thirty million end insert dollars

begin delete ($____). end delete begin insert ($30,000,000). end insert

begin delete

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

end delete

5887.01.  

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.

5887.02.  

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.

5887.03.  

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.

 

begin insert

Article begin insert 8. end insert   begin insert Ocean, Bay, and Coastal Protection end insert

end insert

 

begin insert

begin insert 5888. end insert   

The sum of two hundred million dollars ($200,000,000)
shall be available, upon appropriation by the Legislature, to fund
projects that enhance and protect coastal and ocean resources in
the state as follows:

(a) The sum of fifty-five million dollars ($55,000,000) shall be
available for deposit into the California Ocean Protection Trust
Fund for grants consistent with Section 35650. Priority shall be
given to projects that conserve, protect, and restore marine wildlife
and healthy ocean and coastal ecosystems with a focus on the
state’s system of marine protected areas and sustainable fisheries.

(b) The sum of fifty million dollars ($50,000,000) shall be
available to the San Francisco Bay Area Conservancy Program
(Chapter 4.5 (commencing with Section 31160) of Division 21).

(c) The sum of ninety-five million dollars ($95,000,000) shall
be available to the State Coastal Conservancy for the protection
of beaches, bays, and coastal watershed resources, including the
protection of coastal agricultural resources pursuant to Section
31150 and projects to complete the California Coastal Trail
pursuant to Section 31408.

end insert begin insert

begin insert 5888.02. end insert   

In implementing Section 5888, the administering
entity may give special consideration to the acquisition of lands
that are in deferred certification areas of county local coastal
plans.

end insert

 

Article begin delete 8. end delete begin insert 9. end insert   Climate begin delete Preparedness and end delete begin insert Preparedness, end insert Habitat

begin delete Resiliency end delete begin insert Resiliency, Resource Enhancement, and Innovation end insert

 

begin delete 5888. end delete

begin insert 5889. end insert   

The sum of begin delete ____ end delete begin insert seven hundred twenty-two million five
hundred thousand end insert dollars begin delete ($____) end delete begin insert ($722,500,000) end insert shall be
available, upon appropriation by the Legislature, 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) (1)  begin delete ___ end delete begin insert Four hundred twenty-seven million five hundred
thousand end insert dollars begin delete ($____) end delete begin insert ($427,500,000) end insert shall be available to the
Wildlife Conservation Board for grants for any of the following:

(A) 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. In awarding grants pursuant to this
subparagraph, begin delete special consideration end delete begin insert priority end insert may be given to
projects that protect state-designated wildlife corridors and wildlife
corridors threatened by urban development.

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

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

(D) 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

(E) Projects to restore rivers and streams in support of fisheries
and wildlife, including, but not limited to, reconnecting rivers with
their floodplains, riparian and side-channel habitat restoration,
and restoration and protection of upper watershed forests and
meadow systems that are important for fish and wildlife resources
and that are consistent with the purposes of subdivision (f) of
Section 79738 of the Water Code. Priority shall be given to projects
supported by multistakeholder public and private partnerships
using a science-based approach and measurable objectives to
guide identification, design, and implementation of regional actions
to benefit salmon and steelhead.

end insert begin insert

(F) In implementing this subdivision, the Wildlife Conservation
Board may provide matching grants for incentives to landowners
for conservation actions on private lands or use of voluntary
habitat credit exchange mechanisms. The matching grant shall
not exceed 50 percent of the total cost of the incentive program.

end 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.

(3) Of the amount subject to this subdivision, begin delete ____ end delete begin insert seventy
million end insert dollars begin delete ($____) end delete begin insert ($70,000,000) end insert shall be available for the
acquisition, development, rehabilitation, restoration, protection,
and expansion of habitat that furthers the implementation of
begin delete adopted end delete natural community conservation begin delete plans, as set forth in end delete begin insert plans
adopted pursuant to end insert the Natural Community Conservation Planning
Act (Chapter 10 (commencing with Section 2800) of Division 3
of the Fish and Game Code), to help resolve resource conflicts by
balancing communitywide conservation, planning, and economic
activities. begin insert Funding pursuant to this paragraph shall not be used
to offset mitigation obligations otherwise required. end insert

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

begin insert

(5) Of the amount subject to this subdivision, not less than forty
million dollars ($40,000,000) shall be available for the acquisition,
development, rehabilitation, restoration, protection, and expansion
of wildlife corridors and open space to improve connectivity and
reduce barriers between habitat areas and to protect and restore
habitat associated with the Pacific Flyway. In awarding grants
pursuant to this paragraph, priority may be given to projects that
protect state-designated wildlife corridors. Of the amount described
in this paragraph, seven million five hundred thousand dollars
($7,500,000) shall be available for the California Waterfowl
Habitat Program.

end insert begin insert

(6) The Wildlife Conservation Board shall develop or update a
strategic master plan that identifies priorities and specific criteria
for selecting projects pursuant to paragraph (1).

end insert begin insert

(7) Activities funded pursuant to this subdivision shall be
consistent with the state’s climate adaptation strategy, as provided
by Section 71153, and the statewide objectives provided in Section
71154.

end insert

(b) The sum of begin delete ____ end delete begin insert forty million end insert dollars begin delete ($____) end delete begin insert ($40,000,000) 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) The sum of begin delete ____ end delete begin insert fifteen million end insert dollars begin delete ($____) end delete
begin insert ($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,
which may in part be allocated to the Department of Conservation
for watershed restoration and conservation projects on agricultural
lands pursuant to Section 9084.

(d) (1) The sum of begin delete ____ end delete begin insert eighty million end insert dollars begin delete ($____) end delete
begin insert ($80,000,000) 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.

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

begin delete

(e) ____ dollars ($____)

end delete

begin insert (3) end insert begin insert   end insert begin insert Of the amount available to the Department of Forestry and
Fire Protection pursuant to this subdivision, not less than seven
million five hundred thousand ($7,500,000) dollars end insert shall be
available begin delete to the Department of Forestry and Fire Protection end delete for
existing urban forestry programs begin delete and priority shall be given to
local governments that end delete begin insert with an emphasis on projects in geographic
areas that end insert have not previously been awarded a grant under an
existing urban forestry program.

begin delete

(f)

end delete

begin insert (e) end insert  The sum of begin delete ____ end delete begin insert fifty million end insert dollars begin delete ($____) end delete begin insert ($50,000,000) 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 14507.5,
including local community conservation corps that have secured
certification within the last three to five years prior to the grant
application date.

begin delete

(g)

end delete

begin insert (f) end insert  (1) The sum of begin delete ____ end delete begin insert one hundred ten million end insert dollars begin delete ($____) end delete
begin insert ($110,000,000) end insert shall be available to the Natural Resources begin delete Agency,
upon appropriation by the Legislature, end delete begin insert Agency end insert to award funding
to projects identified by local agencies, begin insert nonprofit organizations, end insert
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

begin delete Commission for any of the following: end delete begin insert Commission, as follows: end insert

begin delete

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

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

(C) 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.

end delete begin insert

(A) Not more than ten million dollars ($10,000,000) shall be
available for projects that involve the restoration, protection, and
acquisition of Native American, natural, cultural, and historic
resources within the state.

end insert begin insert

(B) Not less than thirty million dollars ($30,000,000) shall be
available for projects that convert and repurpose properties or
parts of properties formerly operating as fossil fuel power plants
on the effective date of this chapter to create permanently protected
open space, tourism, and park opportunities through fee title or
conservation easements.

end insert begin insert

(C) Not less than fifteen million dollars ($15,000,000) shall be
available for projects that enhance park, water, and natural
resource values through improved recreation, tourism, and natural
resource investments in those areas of the state not within the
jurisdiction of a state conservancy. Of this amount, not less than
10 percent shall be available for allocation to water districts
operating regional recreation facilities within recreation preserves
or recreation reserves that promote tourism visitations.

end insert begin insert

(D) Not less than thirty-five million dollars ($35,000,000) shall
be available for projects that enhance visitor experiences through
development, expansion, and improvement of science centers
operated by foundations or other nonprofit organizations in heavily
urbanized communities. Of this amount, not less than 50 percent
shall be available for accredited science centers operated by
foundations in heavily urbanized counties.

end insert begin insert

(E) Not more than ten million dollars ($10,000,000) shall be
available for projects that promote, develop, and improve any of
the following:

end insert begin insert

(i) Community, civic, or athletic venues.

end insert begin insert

(ii) Cultural or visitor centers that recognize the contributions
of California’s ethnic communities or celebrate the unique
traditions of these communities, including those of Asian and
Hispanic descent.

end insert begin insert

(iii) Visitor centers that educate the public about natural
landscapes, aquatic species, or wildlife migratory patterns.

end insert

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

begin delete

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

end delete

begin insert

begin insert 5889.02. end insert   

In implementing Section 5889, the administering
entity may give special consideration to the acquisition of lands
that are in deferred certification areas of county local coastal
plans.

end insert

 

Article begin delete 8.5. end delete begin insert 10. end insert   Advance Payment for Water Projects

 

begin delete 5888.5. end delete

begin insert 5890. end insert   

(a) Within 90 days of notice that a grant under this
begin delete division end delete begin insert chapter end insert for projects included and implemented in an
integrated regional water management plan has been awarded, the
regional water management group shall provide the department
with a list of projects to be funded with the grant funds where the
project proponent is a nonprofit organization or a disadvantaged
community, or the project benefits a disadvantaged community.
The list shall specify how the projects are consistent with the
adopted integrated regional water management plan and shall
include all of the following information:

(1) Descriptive information concerning each project identified.

(2) The names of the entities that will receive the funding for
each project, including, but not limited to, an identification as to
whether the project proponent or proponents are nonprofit
organizations or a disadvantaged community.

(3) The budget of each project.

(4) The anticipated schedule for each project.

(b) Within 60 days of receiving the project information pursuant
to subdivision (a), the department shall provide advance payment
of 50 percent of the grant award for those projects that satisfy both
of the following criteria:

(1) The project proponent is a nonprofit organization or a
disadvantaged community, or the project benefits a disadvantaged
community.

(2) The grant award for the project is less than one million
dollars ($1,000,000).

(c) Funds advanced pursuant to subdivision (b) shall comply
with the following requirements:

(1) The recipient shall place the funds in a noninterest-bearing
account until expended.

(2) The funds shall be spent within six months of the date of
receipt, unless the department waives this requirement.

(3) The recipient shall, on a quarterly basis, provide an
accountability report to the department regarding the expenditure
and use of any advance grant funds that provides, at a minimum,
the following information:

(A) An itemization as to how advance payment funds provided
under this section have been expended.

(B) A project itemization as to how any remaining advance
payment funds provided under this section will be expended over
the period specified in paragraph (2).

(C) A description of whether the funds are placed in a
noninterest-bearing account, and if so, the date that occurred and
the dates of withdrawals of funds from that account, if applicable.

(4) If funds are not expended, the unused portion of the grant
shall be returned to the department within 60 days after project
completion or the end of the grant performance period, whichever
is earlier.

(5) The department may adopt additional requirements for the
recipient regarding the use of the advance payment to ensure that
the funds are used properly.

begin delete

(d) As used in this section:

end delete begin delete

(1) “Disadvantaged community” has the same meaning as
defined in subdivision (c) of Section 5880.01.

end delete begin delete

(2) “Nonprofit organization” has the same meaning as defined
in subdivision (k) of Section 75005.

end delete

 

Article begin delete 9. end delete begin insert 11. end insert   Fiscal Provisions

 

begin delete 5889. end delete

begin insert 5891. end insert   

(a) Bonds in the total amount of begin delete two billion dollars
($2,000,000,000), end delete begin insert three billion four hundred ninety-seven million
five hundred thousand dollars ($3,497,500,000), end insert not including the
amount of any refunding bonds issued in accordance with Section
begin delete 5889.12, end delete begin insert 5891.12, end insert 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.

begin delete 5889.01. end delete

begin insert 5891.01. end insert   

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.

begin delete 5889.02. end delete

begin insert 5891.02. end insert   

(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.

begin delete 5889.03. end delete

begin insert 5891.03. end insert   

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.

begin delete 5889.04. end delete

begin insert 5891.04. end insert   

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.

begin delete 5889.05. end delete

begin insert 5891.05. end insert   

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.

begin delete 5889.06. end delete

begin insert 5891.06. end insert   

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 begin delete 5889.09, end delete begin insert 5891.09, end insert appropriated without regard to fiscal
years.

begin delete 5889.07. end delete

begin insert 5891.07. end insert   

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 begin delete 5889.09. end delete begin insert 5891.09. end insert 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.

begin delete 5889.08. end delete

begin insert 5891.08. end insert   

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.

begin delete 5889.09. end delete

begin insert 5891.09. end insert   

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 begin delete 5889.09. end delete begin insert 5891.07. end insert 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.

begin delete 5889.10. end delete

begin insert 5891.10. end insert   

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.

begin delete 5889.11. end delete

begin insert 5891.11. end insert   

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.

begin delete 5889.12. end delete

begin insert 5891.12. end insert   

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.

begin delete 5889.13. end delete

begin insert 5891.13. end insert   

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.  

begin delete (a) end delete begin delete   end delete begin delete Notwithstanding the requirements of Sections
9040, 9043, 9044, 9061, and 9082 of the Elections Code, or any
other law, the end delete begin insert The end insert Secretary of State shall submit this act to the
voters at the begin delete November 8, 2016, end delete begin insert June 5, 2018, end insert statewide begin delete general end delete
begin insert direct primary end insert election.

begin delete

(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.

end delete

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 begin delete Act, end delete begin insert Act of 2018, end insert 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.