Amended in Senate May 5, 2015

Amended in Senate April 23, 2015

Amended in Senate April 6, 2015

Senate Bill No. 317

Introduced by Senator De León

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(Principal coauthor: Senator Pavley)

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(Coauthors: Senators Allen, Hertzberg, Hill, Hueso, Jackson, Monning, and Wieckowski)

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

LEGISLATIVE COUNSEL’S DIGEST

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 the total amount of $2,450,000,000 pursuant to the State General Obligation Bond Law to finance a safe neighborhood parks, rivers, and coastal protection program.

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.  

The Legislature finds and declares as follows:

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

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

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

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

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

SEC. 2.  

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

 

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

 

Article 1.  Title

 

5880.  

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

 

Article 2.  Definitions

 

5880.5.  

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

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

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

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

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

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

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

(g) “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 specialist skilled at educational interpretation.

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

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

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

(k) “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, begin insert removal of
waste and debris, end insert prescribed burning, fuel hazard reduction,
fencing out threats to existing or restored natural resources, road
elimination, and other plant and wildlife habitat improvements to
increase the natural system value of the property.

 

Article 3.  General Provisions

 

5881.  

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

(a) The sum of one billion four hundred fifty million dollars
($1,450,000,000) for parks in accordance with Article 4
(commencing with Section 5882).

(b) The sum of three hundred seventy million dollars
($370,000,000) for rivers, lakes, and streams in accordance with
Article 5 (commencing with Section 5883).

(c) The sum of three hundred fifty million dollars
($350,000,000) for coast and ocean protection in accordance with
Article 6 (commencing with Section 5884).

(d) The sum of two hundred eighty million dollars
($280,000,000) for climate resilience in accordance with Article
7 (commencing with Section 5885).

5881.5.  

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

(b) To the extent feasible in implementing this chapter, state
agencies shall seek to achieve wildlife conservation objectives
through projects on public lands or voluntary projects on private
lands. Funds may be used, in consultation with the Department of
Fish and Wildlife, 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.

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

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

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begin insert 5881.6. end insert   

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.

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begin insert 5881.7. end insert   

Unless otherwise specified, 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.

end insert

 

Article 4.  Parks

 

5882.  

The sum of eight hundred million dollars ($800,000,000)
from the fund shall be available to the department for the creation
and expansion of safe neighborhood parks in park-poor
neighborhoods in accordance with Chapter 3.3 (commencing with
Section 5640).

5882.5.  

The sum of two hundred million dollars ($200,000,000)
from the fund shall be available to the department for grants for
local park rehabilitation and improvement to local governments
on a per capita basis.

5882.6.  

The sum of two hundred million dollars ($200,000,000)
from the fund shall be available to the department for grants for
the restoration, begin delete preservation end delete begin insert preservation, end insert and protection of
regional parks and parklands, including state parks whose operation
and management have been taken over by local or regional
agencies, and other parks begin insert and parklands end insert operated begin insert by regional park
districts, counties, open-space districts, and open-space authorities,
and parks and parklands operated end insert through cooperative agreements
or pursuant to joint power authorities that include state and local
agencies.

5882.7.  

The sum of two hundred million dollars ($200,000,000)
from the fund shall be available to the department for restoration
and preservation of existing state park facilities and units to
preserve and increase public access and to protect begin delete natural end delete begin insert natural,
cultural, and historic end insert resources.

5882.8.  

The sum of fifty million dollars ($50,000,000) from
the fund shall be available to the department for enterprise activities
that increase revenue generation to support operations of the
department.

 

Article 5.  Rivers, Lakes, and Streams

 

5883.  

Funds allocated in this article shall be available for the
protection and restoration of rivers, lakes, streams and associated
watersheds of the state to safeguard sources of safe drinking water,
to protect the fish and wildlife resources of the state, and to provide
access to these resources to the people of California.

5883.5.  

The sum of one hundred million dollars ($100,000,000)
from the fund shall be available to the Natural Resources Agency
for the restoration, protection, expansion and development of river
parkways in accordance with Chapter 3.8 (commencing with
Section 5750).

5883.6.  

The sum of one hundred million dollars ($100,000,000)
from the fund shall be available to the California Tahoe
begin delete Conservancy end delete begin insert Conservancy, established end insert pursuant to begin delete Article 6
(commencing with Section 5096.351) of Chapter 1.692 end delete begin insert Title 7.42
(commencing with Section 66905) of the Government Code, end insert for
the begin delete implementation end delete begin insert implementation, and to further the goals and
purposes, end insert of the Lake Tahoe Environmental Improvement begin delete Program. end delete
begin insert Program, pursuant to Article 6 (commencing with Section
5096.351) of Chapter 1.692. end insert

5883.7.  

The sum of one hundred million dollars ($100,000,000)
from the fund shall be available for protection and restoration
projects, and for the development of river parkway projects on the
Los Angeles River and its tributaries, pursuant to Division 22.8
(commencing with Section 32600) and Division 23 (commencing
with Section 33000).

5883.8.  

The sum of fifty million dollars ($50,000,000) from
the fund shall be available for deposit into the Salton Sea
Restoration Fund, pursuant to Section 2932 of the Fish and Game
Code, and for expenditures consistent with the requirements of
that fund.

5883.9.  

The sum of twenty million dollars ($20,000,000) from
the fund shall be available for urban stream restoration pursuant
to Section 7048 of the Water Code.

 

Article 6.  Coast and Ocean Protection

 

5884.  

Funds allocated in this article shall be available for
projects to protect and restore coastal watersheds, bays, marine
estuaries, and nearshore ecosystems.

5884.1.  

The sum of three hundred million dollars
($300,000,000) from the fund 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.

5884.2.  

The sum of fifty million dollars ($50,000,000) from
the fund shall be available to the Santa Monica Mountains
Conservancy for the protection of coastal watersheds of the Santa
Monica Mountains.

 

Article 7.  Climate Resilience

 

5885.  

Funds allocated in this article shall be available for
projects that improve the climate resilience of urban areas and
natural resources, provide for climate adaptation and reduce
vulnerability to climate impacts of the state’s water, forest, and
agricultural resources, and improve the ability of natural systems
to buffer the impacts of climate change.

5885.1.  

The sum of one hundred million dollars ($100,000,000)
from the fund shall be available to the Strategic Growth Council
for grants to develop or implement a regional or local greenprint
or climate adaptation plan, or update begin delete or develop a climate
adaptation element for a general plan, end delete begin insert or add climate adaption to
a general plan, end insert and for the protection of agricultural and
open-space resources that support adopted sustainable communities
strategies.

5885.2.  

The sum of one hundred fifty million dollars
($150,000,000) from the fund shall be available to the Wildlife
Conservation Board for grants for the protection and expansion of
wildlife corridors including projects to improve connectivity
between habitat areas, for projects to improve climate adaptation
and resilience of natural systems, and for 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.

5885.3.  

The sum of thirty million dollars ($30,000,000) from
the fund shall be available to the Department of Forestry and Fire
Protection for grants pursuant to Chapter 2 (commencing with
Section 4799.06) of Part 2.5 of Division 4. These grants shall
complement existing urban forestry expenditures by covering areas
not included for funding from the Greenhouse Gas Reduction
Fund, established pursuant to Section 16428.8 of the Government
Code.

 

Article 8.  Fiscal Provisions

 

5889.  

(a) Bonds in the total amount of two billion four hundred
and fifty million dollars ($2,450,000,000), or so much thereof as
is necessary, not including the amount of any refunding bonds
issued in accordance with Section 5895 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 principal of, and interest on, the
bonds as the principal and interest become due and payable.

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

5889.5.  

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 and are hereby incorporated in this chapter as though
set forth in full in this chapter, except subdivisions (a) and (b) of
Section 16727 of the Government Code.

5890.  

(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 Safe Neighborhood Parks, Rivers, and Coastal
Protection Finance Committee is hereby created. For purposes of
this chapter, the Safe Neighborhood Parks, Rivers, and Coastal
Protection Finance Committee is “the committee” as that term is
used in the State General Obligation Bond Law.

(b) The committee consists of the ____, ____, ____, ____, and
____. 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 ____ shall serve as chairperson of the committee.

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

5890.5.  

The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to 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.

5891.  

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

5891.5.  

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.

5892.  

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 5893.5, appropriated without regard to fiscal years.

5892.5.  

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 5893.5. 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.

5893.  

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.

5893.5.  

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 5892.5. Any amounts withdrawn
shall be deposited in the fund. Any money made available under
this section shall be returned to the General Fund, with interest at
the rate earned by the money in the Pooled Money Investment
Account, from proceeds received from the sale of bonds for the
purpose of carrying out this chapter.

5894.  

All money deposited in the fund that is 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 premium may be reserved and
used to pay the cost of bond issuance prior to any transfer to the
General Fund.

5894.5.  

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 premium, 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.

5895.  

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.

5895.5.  

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. 3.  

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

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 ensure that the Safe Neighborhood Parks, Rivers, and
Coastal Protection Bond Act of 2016 appears on the November 8,
2016 statewide general election ballot, it is necessary that this act
take effect immediately.