SB 317, as amended, 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
begin delete an unspecified amountend delete pursuant to the State General Obligation Bond Law to finance a safe neighborhood parks, rivers, and coastal protection
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares as follows:
2(a) Californians value parks and the natural lands of the state.
3(b) Demand for local parks has exceeded available funding by
4a factor of eight to one, with particularly high demand in urban,
6(c) Many Californians across the state lack access to safe parks
7and recreation areas, which limits their ability to experience the
8outdoors, improve their physical and emotional health, exercise,
9and connect with their communities. Investments to create and
10improve parks and recreation areas will help ensure all Californians
11have access to safe places to exercise and recreate.
12(d) Continued investment in the state’s parks, natural resources,
13and in greening urban areas will mitigate the effects of climate
14change, making cities more livable, and protecting California’s
15natural resources for future generations.
16(e) Investments to protect and restore the state’s rivers, lakes,
17streams, and coastal waters and their related watersheds will
18improve water quality and reliability, enhance fish and wildlife
19habitats, and provide recreational, economic, and public health
20benefits to Californians.
Chapter 14 (commencing with Section 5880) is added
22to Division 5 of the Public Resources Code, to read:
This chapter shall be known, and may be cited, as the
30Safe Neighborhood Parks, Rivers, and Coastal Protection Bond
31Act of 2016.
As used in this chapter, the following terms have the
P3 1(a) “Acquisition” means the acquisition of a fee interest or any
2other interest in real property including easements, leases, and
4(b) “Board” means the Wildlife Conservation Board.
5(c) “Department” means the Department of Parks and
7(d) “Development” includes, but is not limited to, the physical
8improvement of real property including the construction of
9facilities or structures.
10(e) “Disadvantaged community” means a community with a
11median household income less than 80 percent of the statewide
13(f) “Greenprint” means a plan for providing parks, greenspace,
14and urban forestry within an urbanized area to enhance climate
15resilience, improve public health and living conditions, and protect
16open-space lands around a developed area to support an adopted
17sustainable communities strategy.
18(g) “Interpretation” includes, but is not limited to, a visitor
19serving amenity that enhances the ability to understand and
20appreciate the significance and value of natural, historical, and
21cultural resources and that may utilize educational materials in
22multiple languages, digital information, and the expertise of a
23naturalist or other specialist skilled at educational interpretation.
24(h) “Nonprofit organization” means an organization qualified
25to do business in California and qualified under Section 501(c)(3)
26of the Internal Revenue Code.
27(i) “Preservation” means rehabilitation, stabilization, restoration,
28development, and reconstruction, or any combination of those
30(j) “Protection” means those actions necessary to prevent harm
31or damage to persons, property, or natural resources or to allow
32the continued use and enjoyment of property or natural resources,
33and includes acquisition, development, restoration, preservation,
35(k) “Restoration” means the improvement of physical structures
36or facilities and, in the case of natural systems and landscape
37 features, includes, but is not limited to, projects for the control of
38erosion, the control and elimination of exotic species, prescribed
39burning, fuel hazard reduction, fencing out threats to existing or
40restored natural resources, road elimination, and other plant and
P4 1wildlife habitat improvements to increase the natural system value
2of the property.
The proceeds of bonds issued and sold pursuant to this
7chapter shall be deposited in the Safe Neighborhood Parks, Rivers,
8and Coastal Protection Fund of 2016, which is hereby created in
9the State Treasury. Except as specifically provided in this chapter,
10moneys in the fund shall be available for appropriation by the
11Legislature in the manner and for the purposes set forth in this
begin delete chapter.end delete
(a) Projects funded with proceeds of bonds issued and
26sold pursuant to this chapter shall promote state planning priorities
27consistent with Section 65041.1 of the Government Code and
28sustainable communities strategies consistent with subparagraph
29(B) of paragraph (2) of subdivision (b) of Section 65080 of the
31(b) To the extent feasible in implementing this chapter, state
32agencies shall seek to achieve wildlife conservation objectives
33through projects on public lands or voluntary projects on private
34lands. Funds may be used, in consultation with the Department of
35Fish and Wildlife, for payments for the creation of measurable
36habitat improvements or other improvements to the condition of
37endangered or threatened species including through the
38development and implementation of habitat credit exchanges.
39(c) In evaluating projects for protection of natural resources and
40wildlife, priority shall be given to projects that implement adopted
P5 1natural community conservation plans or endangered species
3(d) The Natural Resources Agency shall develop and adopt a
4statewide resource protection plan to identify priorities for
5expending funds provided pursuant to this chapter that reflects
6statewide and regional resource protection, and public access and
7availability to underserved populations. Conservation plans
8developed and adopted by departments and conservancies shall
9be consistent with statewide priorities adopted by the Natural
12 Restoration projects shall include the planning, monitoring,
13and reporting necessary to ensure successful implementation of
14the project objectives.
The sum of
begin delete ____ dollars ($____)end delete from the fund shall be available to the
20department for the creation and expansion of safe neighborhood
begin delete critically underserved communitiesend delete in accordance with Chapter 3.3 (commencing with
begin deleteThe sum of ____ dollars ($____) from the fund shall be
9available for the protection of rivers, lakes, streams, and their
10watersheds. end delete
The sum of ____ dollars ($____) from the fund shall be
4available for the protection of beaches, bays, and coastal resources.
The sum of
begin delete ____ dollars ($____)end delete from the fund shall be available for grants to begin delete improve the climate
31resilience of urban areas and natural resources including, but not
32limited to, projects that do the following:end delete
37(a) Develop or implement a regional or local greenprint.
38(b) Expand or protect urban forests, and provide urban greening
39to reduce urban heat island effect and mitigate climate change
40impacts in populated areas.
P8 1(c) Improve forest conditions to reduce wildfires, increase
2carbon sequestration, and improve forest health.
3(d) Use natural systems to improve resilience to
4including protection and restoration of watersheds and coastal
(a) Bonds in the total amount of
begin delete____ dollars ($____)end delete
27or so much thereof as is necessary, not including the amount of
28any refunding bonds issued in accordance with Section 5895 may
29be issued and sold to provide a fund to be used for carrying out
30the purposes expressed in this chapter and to reimburse the General
31Obligation Bond Expense Revolving Fund pursuant to Section
3216724.5 of the Government Code. The bonds, when sold, shall be
33and constitute a valid and binding obligation of the State of
34California, and the full faith and credit of the State of California
35is hereby pledged for the punctual payment of both principal of,
36and interest on, the bonds as the principal and interest become due
38(b) The Treasurer shall sell the bonds authorized by the
39committee pursuant to this section. The bonds shall be sold upon
40the terms and conditions specified in a resolution to be adopted
P9 1by the committee pursuant to Section 16731 of the Government
The bonds authorized by this chapter shall be prepared,
4executed, issued, sold, paid, and redeemed as provided in the State
5General Obligation Bond Law (Chapter 4 (commencing with
6Section 16720) of Part 3 of Division 4 of Title 2 of the Government
7Code), and all of the provisions of that law apply to the bonds and
8to this chapter and are hereby incorporated in this chapter as though
9set forth in full in this chapter, except subdivisions (a) and (b) of
10Section 16727 of the Government Code.
(a) Solely for the purpose of authorizing the issuance
12and sale pursuant to the State General Obligation Bond Law
13(Chapter 4 (commencing with Section 16720) of Part 3 of Division
144 of Title 2 of the Government Code) of the bonds authorized by
15this chapter, the Safe Neighborhood Parks, Rivers, and Coastal
16Protection Finance Committee is hereby created. For purposes of
17this chapter, the Safe Neighborhood Parks, Rivers, and Coastal
18Protection Finance Committee is “the committee” as that term is
19used in the State General Obligation Bond Law.
20(b) The committee consists of the ____, ____, ____, ____, and
21____. Notwithstanding any other provision of law, any member
22may designate a representative to act as that member in his or her
23place for all purposes, as though the member were personally
25(c) The ____ shall serve as chairperson of the committee.
26(d) A majority of the committee may act for the committee.
The committee shall determine whether or not it is
28necessary or desirable to issue bonds authorized pursuant to this
29chapter in order to carry out the actions specified in this chapter
30and, if so, the amount of bonds to be issued and sold. Successive
31issues of bonds may be authorized and sold to carry out those
32actions progressively, and it is not necessary that all of the bonds
33authorized to be issued be sold at any one time.
For purposes of the State General Obligation Bond Law,
35“board,” as defined in Section 16722 of the Government Code,
36means the ____.
There shall be collected each year and in the same
38manner and at the same time as other state revenue is collected,
39in addition to the ordinary revenues of the state, a sum in an amount
40required to pay the principal of, and interest on, the bonds each
P10 1year. It is the duty of all officers charged by law with any duty in
2regard to the collection of the revenue to do and perform each and
3every act that is necessary to collect that additional sum.
Notwithstanding Section 13340 of the Government Code,
5there is hereby appropriated from the General Fund in the State
6Treasury, for the purposes of this chapter, an amount that will
7equal the total of the following:
8(a) The sum annually necessary to pay the principal of, and
9interest on, bonds issued and sold pursuant to this chapter, as the
10principal and interest become due and payable.
11(b) The sum that is necessary to carry out the provisions of
12Section 5893.5, appropriated without regard to fiscal years.
The board may request the Pooled Money Investment
14Board to make a loan from the Pooled Money Investment Account
15in accordance with Section 16312 of the Government Code for the
16purpose of carrying out this chapter less any amount withdrawn
17pursuant to Section 5893.5. The amount of the request shall not
18exceed the amount of the unsold bonds that the committee has, by
19resolution, authorized to be sold for the purpose of carrying out
20this chapter. The board shall execute those documents required by
21the Pooled Money Investment Board to obtain and repay the loan.
22Any amounts loaned shall be deposited in the fund to be allocated
23in accordance with this chapter.
Notwithstanding any other provision of this chapter, or
25of the State General Obligation Bond Law, if the Treasurer sells
26bonds that include a bond counsel opinion to the effect that the
27interest on the bonds is excluded from gross income for federal
28tax purposes under designated conditions or is otherwise entitled
29to any federal tax advantage, the Treasurer may maintain separate
30accounts for the bond proceeds invested and for the investment
31earnings on those proceeds, and may use or direct the use of those
32proceeds or earnings to pay any rebate, penalty, or other payment
33required under federal law or take any other action with respect
34to the investment and use of those bond proceeds, as may be
35required or desirable under federal law in order to maintain the
36tax-exempt status of those bonds and to obtain any other advantage
37under federal law on behalf of the funds of this state.
For the purposes of carrying out this chapter, the
39Director of Finance may authorize the withdrawal from the General
40Fund of an amount or amounts not to exceed the amount of the
P11 1unsold bonds that have been authorized by the committee to be
2sold for the purpose of carrying out this chapter less any amount
3borrowed pursuant to Section 5892.5. Any amounts withdrawn
4shall be deposited in the fund. Any money made available under
5this section shall be returned to the General Fund, with interest at
6the rate earned by the money in the Pooled Money Investment
7Account, from proceeds received from the sale of bonds for the
8purpose of carrying out this chapter.
All money deposited in the fund that is derived from
10premium and accrued interest on bonds sold pursuant to this chapter
11shall be reserved in the fund and shall be available for transfer to
12the General Fund as a credit to expenditures for bond interest,
13except that amounts derived from premium may be reserved and
14used to pay the cost of bond issuance prior to any transfer to the
Pursuant to Chapter 4 (commencing with Section
1716720) of Part 3 of Division 4 of Title 2 of the Government Code,
18the cost of bond issuance shall be paid out of the bond proceeds,
19including premium, if any. To the extent the cost of bond issuance
20is not paid from premiums received from the sale of bonds, these
21costs shall be shared proportionately by each program funded
22through this chapter by the applicable bond sale.
The bonds issued and sold pursuant to this chapter may
24be refunded in accordance with Article 6 (commencing with
25Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of
26the Government Code, which is a part of the State General
27Obligation Bond Law. Approval by the voters of the state for the
28issuance of the bonds under this chapter shall include approval of
29the issuance of any bonds issued to refund any bonds originally
30issued under this chapter or any previously issued refunding bonds.
The proceeds from the sale of bonds authorized by this
32chapter are not “proceeds of taxes” as that term is used in Article
33XIII B of the California Constitution, and the disbursement of
34these proceeds is not subject to the limitations imposed by that
Section 2 of this act shall take effect upon the approval
37by the voters of the Safe Neighborhood Parks, Rivers, and Coastal
38Protection Bond Act of 2016, as set forth in that section, which
39shall be submitted to the voters at the November 8, 2016, statewide
Text--Pages 3, 6, and 7.
Corrected 4-15-15—See last page. 98