Senate BillNo. 317


Introduced by Senator De León

February 23, 2015


An act to add Chapter 14 (commencing with Section 5880) to Division 5 of the Public Resources Code, relating to financing a safe neighborhood parks, rivers, and coastal protection program, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds.

LEGISLATIVE COUNSEL’S DIGEST

SB 317, as introduced, De León. The Safe Neighborhood Parks, Rivers, and Coastal Protection Bond Act of 2016.

Under existing law, various measures have been approved by the voters to provide funds for park, river, and coastal protections and programs.

This bill would enact the Safe Neighborhood Parks, Rivers, and Coastal Protection Bond Act of 2016, which, if adopted by the voters at the November 8, 2016, statewide general election, would authorize the issuance of bonds in an unspecified amount pursuant to the State General Obligation Bond Law to finance a safe neighborhood parks, rivers, and coastal protection program.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P1    1

SECTION 1.  

The Legislature finds and declares as follows:

2(a) Californians value parks and the natural lands of the state.

P2    1(b) Demand for local parks has exceeded available funding by
2a factor of eight to one, with particularly high demand in urban,
3disadvantaged communities.

4(c) Many Californians across the state lack access to safe parks
5and recreation areas, which limits their ability to experience the
6outdoors, improve their physical and emotional health, exercise,
7and connect with their communities. Investments to create and
8improve parks and recreation areas will help ensure all Californians
9have access to safe places to exercise and recreate.

10(d) Continued investment in the state’s parks, natural resources,
11and in greening urban areas will mitigate the effects of climate
12change, making cities more livable, and protecting California’s
13natural resources for future generations.

14(e) Investments to protect and restore the state’s rivers, lakes,
15streams, and coastal waters and their related watersheds will
16improve water quality and reliability, enhance fish and wildlife
17habitats, and provide recreational, economic, and public health
18benefits to Californians.

19

SEC. 2.  

Chapter 14 (commencing with Section 5880) is added
20to Division 5 of the Public Resources Code, to read:

21 

22Chapter  14. The Safe Neighborhood Parks, Rivers, and
23Coastal Protection Bond Act of 2016
24

24 

25Article 1.  Title
26

 

27

5880.  

This chapter shall be known, and may be cited, as the
28Safe Neighborhood Parks, Rivers, and Coastal Protection Bond
29Act of 2016.

30 

31Article 2.  Definitions
32

 

33

5880.5.  

As used in this chapter, the following terms have the
34following meanings:

35(a) “Acquisition” means the acquisition of a fee interest or any
36other interest in real property including easements, leases, and
37development rights.

38(b) “Board” means the Wildlife Conservation Board.

39(c) “Department” means the Department of Parks and
40Recreation.

P3    1(d) “Development” includes, but is not limited to, the physical
2improvement of real property including the construction of facilities
3or structures.

4(e) “Disadvantaged community” means a community with a
5median household income less than 80 percent of the statewide
6average.

7(f) “Greenprint” means a plan for providing parks, greenspace,
8and urban forestry within an urbanized area to enhance climate
9resilience, improve public health and living conditions, and protect
10open-space lands around a developed area to support an adopted
11sustainable communities strategy.

12(g) “Interpretation” includes, but is not limited to, a
13visitor-serving amenity that enhances the ability to understand and
14appreciate the significance and value of natural, historical, and
15cultural resources and that may utilize educational materials in
16multiple languages, digital information, and the expertise of a
17naturalist or other specialist skilled at educational interpretation.

18(h) “Nonprofit organization” means an organization qualified
19to do business in California and qualified under Section 501(c)(3)
20of the Internal Revenue Code.

21(i) “Preservation” means rehabilitation, stabilization, restoration,
22development, and reconstruction, or any combination of those
23activities.

24(j) “Protection” means those actions necessary to prevent harm
25or damage to persons, property, or natural resources or to allow
26the continued use and enjoyment of property or natural resources,
27and includes acquisition, development, restoration, preservation,
28and interpretation.

29(k) “Restoration” means the improvement of physical structures
30or facilities and, in the case of natural systems and landscape
31features, includes, but is not limited to, projects for the control of
32erosion, the control and elimination of exotic species, prescribed
33burning, fuel hazard reduction, fencing out threats to existing or
34restored natural resources, road elimination, and other plant and
35wildlife habitat improvements to increase the natural system value
36of the property.

 

P4    1Article 3.  General Provisions
2

 

3

5881.  

The proceeds of bonds issued and sold pursuant to this
4chapter shall be deposited in the Safe Neighborhood Parks, Rivers,
5and Coastal Protection Fund of 2016, which is hereby created in
6the State Treasury. Except as specifically provided in this chapter,
7moneys in the fund shall be available for appropriation by the
8Legislature in the manner and for the purposes set forth in this
9chapter.

10

5881.5.  

(a) Projects funded with proceeds of bonds issued and
11sold pursuant to this chapter shall promote state planning priorities
12consistent with Section 65041.1 of the Government Code and
13sustainable communities strategies consistent with subparagraph
14(B) of paragraph (2) of subdivision (b) of Section 65080 of the
15Government Code.

16(b) To the extent feasible in implementing this chapter, state
17agencies shall seek to achieve wildlife conservation objectives
18through projects on public lands or voluntary projects on private
19lands. Funds may be used, in consultation with the Department of
20Fish and Wildlife, for payments for the creation of measurable
21habitat improvements or other improvements to the condition of
22endangered or threatened species including through the
23development and implementation of habitat credit exchanges.

24(c) In evaluating projects for protection of natural resources and
25wildlife, priority shall be given to projects that implement adopted
26natural community conservation plans or endangered species
27recovery plans.

28(d) The Natural Resources Agency shall develop and adopt a
29statewide resource protection plan to identify priorities for
30expending funds provided pursuant to this chapter that reflects
31statewide and regional resource protection, and public access and
32availability to underserved populations. Conservation plans
33developed and adopted by departments and conservancies shall
34be consistent with statewide priorities adopted by the Natural
35Resources Agency.

36(e) Restoration projects shall include the planning, monitoring,
37and reporting necessary to ensure successful implementation of
38the project objectives.

 

P4    1Article 4.  Parks
2

 

3

5882.  

The sum of ____ dollars ($____) from the fund shall be
4available to the department for the creation and expansion of safe
5neighborhood parks in critically underserved communities in
6accordance with Chapter 3.3 (commencing with Section 5640).

7 

8Article 5.  Rivers, Lakes, and Streams
9

 

10

5883.  

The sum of ____ dollars ($____) from the fund shall be
11available for the protection of rivers, lakes, streams, and their
12watersheds.

13 

14Article 6.  Coast and Ocean Protection
15

 

16

5884.  

The sum of ____ dollars ($____) from the fund shall be
17available for the protection of beaches, bays, and coastal resources.

18 

19Article 7.  Climate Resilience
20

 

21

5885.  

The sum of ____ dollars ($____) from the fund shall be
22available for grants to improve the climate resilience of urban areas
23and natural resources including, but not limited to, projects that
24do the following:

25(a) Develop or implement a regional or local greenprint.

26(b) Expand or protect urban forests, and provide urban greening
27to reduce urban heat island effect and mitigate climate change
28impacts in populated areas.

29(c) Improve forest conditions to reduce wildfires, increase
30carbon sequestration, and improve forest health.

31(d) Use natural systems to improve resilience to climate change
32including protection and restoration of watersheds and coastal
33wetlands.

34 

35Article 8.  Fiscal Provisions
36

 

37

5889.  

(a) Bonds in the total amount of ____ dollars ($____),
38or so much thereof as is necessary, not including the amount of
39any refunding bonds issued in accordance with Section 5895 may
40be issued and sold to provide a fund to be used for carrying out
P6    1the purposes expressed in this chapter and to reimburse the General
2Obligation Bond Expense Revolving Fund pursuant to Section
316724.5 of the Government Code. The bonds, when sold, shall be
4and constitute a valid and binding obligation of the State of
5California, and the full faith and credit of the State of California
6is hereby pledged for the punctual payment of both principal of,
7and interest on, the bonds as the principal and interest become due
8and payable.

9(b) The Treasurer shall sell the bonds authorized by the
10committee pursuant to this section. The bonds shall be sold upon
11the terms and conditions specified in a resolution to be adopted
12by the committee pursuant to Section 16731 of the Government
13Code.

14

5889.5.  

The bonds authorized by this chapter shall be prepared,
15executed, issued, sold, paid, and redeemed as provided in the State
16General Obligation Bond Law (Chapter 4 (commencing with
17Section 16720) of Part 3 of Division 4 of Title 2 of the Government
18Code), and all of the provisions of that law apply to the bonds and
19to this chapter and are hereby incorporated in this chapter as though
20set forth in full in this chapter, except subdivisions (a) and (b) of
21Section 16727 of the Government Code.

22

5890.  

(a) Solely for the purpose of authorizing the issuance
23and sale pursuant to the State General Obligation Bond Law
24(Chapter 4 (commencing with Section 16720) of Part 3 of Division
254 of Title 2 of the Government Code) of the bonds authorized by
26this chapter, the Safe Neighborhood Parks, Rivers, and Coastal
27Protection Finance Committee is hereby created. For purposes of
28this chapter, the Safe Neighborhood Parks, Rivers, and Coastal
29Protection Finance Committee is “the committee” as that term is
30used in the State General Obligation Bond Law.

31(b) The committee consists of the ____, ____, ____, ____, and
32____. Notwithstanding any other provision of law, any member
33may designate a representative to act as that member in his or her
34place for all purposes, as though the member were personally
35present.

36(c) The ____ shall serve as chairperson of the committee.

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

38

5890.5.  

The committee shall determine whether or not it is
39necessary or desirable to issue bonds authorized pursuant to this
40chapter in order to carry out the actions specified in this chapter
P7    1and, if so, the amount of bonds to be issued and sold. Successive
2issues of bonds may be authorized and sold to carry out those
3actions progressively, and it is not necessary that all of the bonds
4authorized to be issued be sold at any one time.

5

5891.  

For purposes of the State General Obligation Bond Law,
6“board,” as defined in Section 16722 of the Government Code,
7means the ____.

8

5891.5.  

There shall be collected each year and in the same
9manner and at the same time as other state revenue is collected,
10in addition to the ordinary revenues of the state, a sum in an amount
11required to pay the principal of, and interest on, the bonds each
12year. It is the duty of all officers charged by law with any duty in
13regard to the collection of the revenue to do and perform each and
14every act that is necessary to collect that additional sum.

15

5892.  

Notwithstanding Section 13340 of the Government Code,
16there is hereby appropriated from the General Fund in the State
17Treasury, for the purposes of this chapter, an amount that will
18equal the total of the following:

19(a) The sum annually necessary to pay the principal of, and
20interest on, bonds issued and sold pursuant to this chapter, as the
21principal and interest become due and payable.

22(b) The sum that is necessary to carry out the provisions of
23Section 5893.5, appropriated without regard to fiscal years.

24

5892.5.  

The board may request the Pooled Money Investment
25Board to make a loan from the Pooled Money Investment Account
26in accordance with Section 16312 of the Government Code for the
27purpose of carrying out this chapter less any amount withdrawn
28pursuant to Section 5893.5. The amount of the request shall not
29exceed the amount of the unsold bonds that the committee has, by
30resolution, authorized to be sold for the purpose of carrying out
31this chapter. The board shall execute those documents required by
32the Pooled Money Investment Board to obtain and repay the loan.
33Any amounts loaned shall be deposited in the fund to be allocated
34in accordance with this chapter.

35

5893.  

Notwithstanding any other provision of this chapter, or
36of the State General Obligation Bond Law, if the Treasurer sells
37bonds that include a bond counsel opinion to the effect that the
38interest on the bonds is excluded from gross income for federal
39tax purposes under designated conditions or is otherwise entitled
40to any federal tax advantage, the Treasurer may maintain separate
P8    1accounts for the bond proceeds invested and for the investment
2earnings on those proceeds, and may use or direct the use of those
3proceeds or earnings to pay any rebate, penalty, or other payment
4required under federal law or take any other action with respect
5to the investment and use of those bond proceeds, as may be
6required or desirable under federal law in order to maintain the
7tax-exempt status of those bonds and to obtain any other advantage
8under federal law on behalf of the funds of this state.

9

5893.5.  

For the purposes of carrying out this chapter, the
10Director of Finance may authorize the withdrawal from the General
11Fund of an amount or amounts not to exceed the amount of the
12unsold bonds that have been authorized by the committee to be
13sold for the purpose of carrying out this chapter less any amount
14borrowed pursuant to Section 5892.5. Any amounts withdrawn
15shall be deposited in the fund. Any money made available under
16this section shall be returned to the General Fund, with interest at
17the rate earned by the money in the Pooled Money Investment
18Account, from proceeds received from the sale of bonds for the
19purpose of carrying out this chapter.

20

5894.  

All money deposited in the fund that is derived from
21premium and accrued interest on bonds sold pursuant to this chapter
22shall be reserved in the fund and shall be available for transfer to
23the General Fund as a credit to expenditures for bond interest,
24except that amounts derived from premium may be reserved and
25used to pay the cost of bond issuance prior to any transfer to the
26General Fund.

27

5894.5.  

Pursuant to Chapter 4 (commencing with Section
2816720) of Part 3 of Division 4 of Title 2 of the Government Code,
29the cost of bond issuance shall be paid out of the bond proceeds,
30including premium, if any. To the extent the cost of bond issuance
31is not paid from premiums received from the sale of bonds, these
32costs shall be shared proportionately by each program funded
33through this chapter by the applicable bond sale.

34

5895.  

The bonds issued and sold pursuant to this chapter may
35be refunded in accordance with Article 6 (commencing with
36Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of
37the Government Code, which is a part of the State General
38Obligation Bond Law. Approval by the voters of the state for the
39issuance of the bonds under this chapter shall include approval of
P9    1the issuance of any bonds issued to refund any bonds originally
2issued under this chapter or any previously issued refunding bonds.

3

5895.5.  

The proceeds from the sale of bonds authorized by this
4chapter are not “proceeds of taxes” as that term is used in Article
5XIII B of the California Constitution, and the disbursement of
6these proceeds is not subject to the limitations imposed by that
7article.

8

SEC. 3.  

Section 2 of this act shall take effect upon the approval
9by the voters of the Safe Neighborhood Parks, Rivers, and Coastal
10Protection Bond Act of 2016, as set forth in that section, which
11shall be submitted to the voters at the November 8, 2016, statewide
12general election.



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