Amended in Senate May 5, 2015

Amended in Senate April 23, 2015

Amended in Senate April 6, 2015

Senate BillNo. 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.


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

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

P2    1


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,
5disadvantaged communities.

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.


SEC. 2.  

Chapter 14 (commencing with Section 5880) is added
22to Division 5 of the Public Resources Code, to read:


24Chapter  14. The Safe Neighborhood Parks, Rivers, and
25Coastal Protection Bond Act of 2016


27Article 1.  Title




This chapter shall be known, and may be cited, as the
30Safe Neighborhood Parks, Rivers, and Coastal Protection Bond
31Act of 2016.


P3    1Article 2.  Definitions




As used in this chapter, the following terms have the
4following meanings:

5(a) “Acquisition” means the acquisition of a fee interest or any
6other interest in real property including easements, leases, and
7development rights.

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

9(c) “Department” means the Department of Parks and

11(d) “Development” includes, but is not limited to, the physical
12improvement of real property, including the construction of
13facilities or structures.

14(e) “Disadvantaged community” means a community with a
15median household income less than 80 percent of the statewide

17(f) “Greenprint” means a plan for providing parks, greenspace,
18and urban forestry within an urbanized area to enhance climate
19resilience, improve public health and living conditions,begin delete andend deletebegin insert orend insert
20 protect open-space lands around a developed area to support an
21adopted sustainable communities strategy.

22(g) “Interpretation” includes, but is not limited to, a visitor
23serving amenity that enhances the ability to understand and
24appreciate the significance and value of natural, historical, and
25cultural resources and that may utilize educational materials in
26multiple languages, digital information, and the expertise of a
27naturalist or other specialist skilled at educational interpretation.

28(h) “Nonprofit organization” means an organization qualified
29to do business in California and qualified under Section 501(c)(3)
30of the Internal Revenue Code.

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

34(j) “Protection” means those actions necessary to prevent harm
35or damage to persons, property, orbegin delete natural resourcesend deletebegin insert natural,
36cultural, and historic resources, actions to improve access to public
37open-space areas,end insert
orbegin insert actionsend insert to allow the continued use and
38enjoyment of property orbegin delete naturalend deletebegin insert natural, cultural, and historicend insert
39 resources, and includes acquisition, development, restoration,
40preservation, and interpretation.

P4    1(k) “Restoration” means the improvement of physical structures
2or facilities and, in the case of natural systems and landscape
3 features, includes, but is not limited to, projects for the control of
4erosion, the control and elimination of exotic species,begin insert removal of
5waste and debris,end insert
prescribed burning, fuel hazard reduction,
6fencing out threats to existing or restored natural resources, road
7elimination, and other plant and wildlife habitat improvements to
8increase the natural system value of the property.


10Article 3.  General Provisions




The proceeds of bonds issued and sold pursuant to this
13chapter shall be deposited in the Safe Neighborhood Parks, Rivers,
14and Coastal Protection Fund of 2016, which is hereby created in
15the State Treasury. Except as specifically provided in this chapter,
16moneys in the fund shall be available for appropriation by the
17Legislature in the manner and for the purposes set forth in this
18chapter in accordance with the following schedule:

19(a) The sum of one billion four hundred fifty million dollars
20($1,450,000,000) for parks in accordance with Article 4
21(commencing with Section 5882).

22(b) The sum of three hundred seventy million dollars
23($370,000,000) for rivers, lakes, and streams in accordance with
24Article 5 (commencing with Section 5883).

25(c) The sum of three hundred fifty million dollars
26($350,000,000) for coast and ocean protection in accordance with
27Article 6 (commencing with Section 5884).

28(d) The sum of two hundred eighty million dollars
29($280,000,000) for climate resilience in accordance with Article
307 (commencing with Section 5885).



(a) Projects funded with proceeds of bonds issued and
32sold pursuant to this chapter shall promote state planning priorities
33consistent with Section 65041.1 of the Government Code and
34sustainable communities strategies consistent with subparagraph
35(B) of paragraph (2) of subdivision (b) of Section 65080 of the
36Government Code.

37(b) To the extent feasible in implementing this chapter, state
38agencies shall seek to achieve wildlife conservation objectives
39through projects on public lands or voluntary projects on private
40lands. Funds may be used, in consultation with the Department of
P5    1Fish and Wildlife, for payments for the creation of measurable
2habitat improvements or other improvements to the condition of
3endangered or threatened species including through the
4development and implementation of habitat credit exchanges.

5(c) In evaluating projects for protection of natural resources and
6wildlife, priority shall be given to projects that implement adopted
7natural community conservation plans or endangered species
8recovery plans.

9(d) Restoration projects shall include the planning, monitoring,
10and reporting necessary to ensure successful implementation of
11the project objectives.

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begin insert5881.6.end insert  

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

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begin insert5881.7.end insert  

Unless otherwise specified, up to 10 percent of funds
16allocated for each program funded by this chapter may be
17expended for planning and monitoring necessary for the successful
18design, selection, and implementation of the projects authorized
19under that program. This section shall not otherwise restrict funds
20ordinarily used by an agency for “preliminary plans,” “working
21drawings,” and “construction” as defined in the annual Budget
22Act for a capital outlay project or grant project.

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24Article 4.  Parks




The sum of eight hundred million dollars ($800,000,000)
27from the fund shall be available to the department for the creation
28and expansion of safe neighborhood parks in park-poor
29neighborhoods in accordance with Chapter 3.3 (commencing with
30Section 5640).



The sum of two hundred million dollars ($200,000,000)
32from the fund shall be available to the department for grants for
33local park rehabilitation and improvement to local governments
34on a per capita basis.



The sum of two hundred million dollars ($200,000,000)
36from the fund shall be available to the department for grants for
37the restoration,begin delete preservationend deletebegin insert preservation,end insert and protection of
38regional parks and parklands, including state parks whose operation
39and management have been taken over by local or regional
40agencies, and other parksbegin insert and parklandsend insert operatedbegin insert by regional park
P6    1districts, counties, open-space districts, and open-space authorities,
2and parks and parklands operatedend insert
through cooperative agreements
3or pursuant to joint power authorities that include state and local



The sum of two hundred million dollars ($200,000,000)
6from the fund shall be available to the department for restoration
7and preservation of existing state park facilities and units to
8preserve and increase public access and to protectbegin delete naturalend deletebegin insert natural,
9cultural, and historicend insert



The sum of fifty million dollars ($50,000,000) from
11the fund shall be available to the department for enterprise activities
12that increase revenue generation to support operations of the


15Article 5.  Rivers, Lakes, and Streams




Funds allocated in this article shall be available for the
18protection and restoration of rivers, lakes, streams and associated
19watersheds of the state to safeguard sources of safe drinking water,
20to protect the fish and wildlife resources of the state, and to provide
21access to these resources to the people of California.



The sum of one hundred million dollars ($100,000,000)
23from the fund shall be available to the Natural Resources Agency
24for the restoration, protection, expansion and development of river
25parkways in accordance with Chapter 3.8 (commencing with
26Section 5750).



The sum of one hundred million dollars ($100,000,000)
28from the fund shall be available to the California Tahoe
29begin delete Conservancyend deletebegin insert Conservancy, establishedend insert pursuant tobegin delete Article 6
30(commencing with Section 5096.351) of Chapter 1.692end delete
begin insert Title 7.42
31(commencing with Section 66905) of the Government Code,end insert
32thebegin delete implementationend deletebegin insert implementation, and to further the goals and
33purposes,end insert
of the Lake Tahoe Environmental Improvementbegin delete Program.end delete
34begin insert Program, pursuant to Article 6 (commencing with Section
355096.351) of Chapter 1.692.end insert



The sum of one hundred million dollars ($100,000,000)
37from the fund shall be available for protection and restoration
38projects, and for the development of river parkway projects on the
39Los Angeles River and its tributaries, pursuant to Division 22.8
P7    1(commencing with Section 32600) and Division 23 (commencing
2with Section 33000).



The sum of fifty million dollars ($50,000,000) from
4the fund shall be available for deposit into the Salton Sea
5Restoration Fund, pursuant to Section 2932 of the Fish and Game
6Code, and for expenditures consistent with the requirements of
7that fund.



The sum of twenty million dollars ($20,000,000) from
9the fund shall be available for urban stream restoration pursuant
10to Section 7048 of the Water Code.


12Article 6.  Coast and Ocean Protection




Funds allocated in this article shall be available for
15projects to protect and restore coastal watersheds, bays, marine
16estuaries, and nearshore ecosystems.



The sum of three hundred million dollars
18($300,000,000) from the fund shall be available to the State Coastal
19Conservancy for the protection of beaches, bays, and coastal
20watershed resources including the protection of coastal agricultural
21resources pursuant to Section 31150 and projects to complete the
22California Coastal Trail pursuant to Section 31408.



The sum of fifty million dollars ($50,000,000) from
24the fund shall be available to the Santa Monica Mountains
25Conservancy for the protection of coastal watersheds of the Santa
26Monica Mountains.


28Article 7.  Climate Resilience




Funds allocated in this article shall be available for
31projects that improve the climate resilience of urban areas and
32natural resources, provide for climate adaptation and reduce
33vulnerability to climate impacts of the state’s water, forest, and
34agricultural resources, and improve the ability of natural systems
35to buffer the impacts of climate change.



The sum of one hundred million dollars ($100,000,000)
37from the fund shall be available to the Strategic Growth Council
38for grants to develop or implement a regional or local greenprint
39or climate adaptation plan, or updatebegin delete or develop a climate
40adaptation element for a general plan,end delete
begin insert or add climate adaption to
P8    1a general plan,end insert
and for the protection of agricultural and
2open-space resources that support adopted sustainable communities



The sum of one hundred fifty million dollars
5($150,000,000) from the fund shall be available to the Wildlife
6Conservation Board for grants for the protection and expansion of
7wildlife corridors including projects to improve connectivity
8between habitat areas, for projects to improve climate adaptation
9and resilience of natural systems, and for projects to protect and
10improve existing open space corridors and trail linkages related
11to utility or transportation infrastructure that provide habitat
12connectivity and public access or trails.



The sum of thirty million dollars ($30,000,000) from
14the fund shall be available to the Department of Forestry and Fire
15Protection for grants pursuant to Chapter 2 (commencing with
16Section 4799.06) of Part 2.5 of Division 4. These grants shall
17complement existing urban forestry expenditures by covering areas
18not included for funding from the Greenhouse Gas Reduction
19Fund, established pursuant to Section 16428.8 of the Government


22Article 8.  Fiscal Provisions




(a) Bonds in the total amount of two billion four hundred
25and fifty million dollars ($2,450,000,000), or so much thereof as
26is necessary, not including the amount of any refunding bonds
27issued in accordance with Section 5895 may be issued and sold to
28provide a fund to be used for carrying out the purposes expressed
29in this chapter and to reimburse the General Obligation Bond
30Expense Revolving Fund pursuant to Section 16724.5 of the
31Government Code. The bonds, when sold, shall be and constitute
32a valid and binding obligation of the State of California, and the
33full faith and credit of the State of California is hereby pledged
34for the punctual payment of both principal of, and interest on, the
35bonds as the principal and interest become due and payable.

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

P9    1


The bonds authorized by this chapter shall be prepared,
2executed, issued, sold, paid, and redeemed as provided in the State
3General Obligation Bond Law (Chapter 4 (commencing with
4Section 16720) of Part 3 of Division 4 of Title 2 of the Government
5Code), and all of the provisions of that law apply to the bonds and
6to this chapter and are hereby incorporated in this chapter as though
7set forth in full in this chapter, except subdivisions (a) and (b) of
8Section 16727 of the Government Code.



(a) Solely for the purpose of authorizing the issuance
10and sale pursuant to the State General Obligation Bond Law
11(Chapter 4 (commencing with Section 16720) of Part 3 of Division
124 of Title 2 of the Government Code) of the bonds authorized by
13this chapter, the Safe Neighborhood Parks, Rivers, and Coastal
14Protection Finance Committee is hereby created. For purposes of
15this chapter, the Safe Neighborhood Parks, Rivers, and Coastal
16Protection Finance Committee is “the committee” as that term is
17used in the State General Obligation Bond Law.

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

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

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



The committee shall determine whether or not it is
26necessary or desirable to issue bonds authorized pursuant to this
27chapter in order to carry out the actions specified in this chapter
28and, if so, the amount of bonds to be issued and sold. Successive
29issues of bonds may be authorized and sold to carry out those
30actions progressively, and it is not necessary that all of the bonds
31authorized to be issued be sold at any one time.



For purposes of the State General Obligation Bond Law,
33“board,” as defined in Section 16722 of the Government Code,
34means the ____.



There shall be collected each year and in the same
36manner and at the same time as other state revenue is collected,
37in addition to the ordinary revenues of the state, a sum in an amount
38required to pay the principal of, and interest on, the bonds each
39year. It is the duty of all officers charged by law with any duty in
P10   1regard to the collection of the revenue to do and perform each and
2every act that is necessary to collect that additional sum.



Notwithstanding Section 13340 of the Government Code,
4there is hereby appropriated from the General Fund in the State
5Treasury, for the purposes of this chapter, an amount that will
6equal the total of the following:

7(a) The sum annually necessary to pay the principal of, and
8interest on, bonds issued and sold pursuant to this chapter, as the
9principal and interest become due and payable.

10(b) The sum that is necessary to carry out the provisions of
11Section 5893.5, appropriated without regard to fiscal years.



The board may request the Pooled Money Investment
13Board to make a loan from the Pooled Money Investment Account
14in accordance with Section 16312 of the Government Code for the
15purpose of carrying out this chapter less any amount withdrawn
16pursuant to Section 5893.5. The amount of the request shall not
17exceed the amount of the unsold bonds that the committee has, by
18resolution, authorized to be sold for the purpose of carrying out
19this chapter. The board shall execute those documents required by
20the Pooled Money Investment Board to obtain and repay the loan.
21Any amounts loaned shall be deposited in the fund to be allocated
22in accordance with this chapter.



Notwithstanding any other provision of this chapter, or
24of the State General Obligation Bond Law, if the Treasurer sells
25bonds that include a bond counsel opinion to the effect that the
26interest on the bonds is excluded from gross income for federal
27tax purposes under designated conditions or is otherwise entitled
28to any federal tax advantage, the Treasurer may maintain separate
29accounts for the bond proceeds invested and for the investment
30earnings on those proceeds, and may use or direct the use of those
31proceeds or earnings to pay any rebate, penalty, or other payment
32required under federal law or take any other action with respect
33to the investment and use of those bond proceeds, as may be
34required or desirable under federal law in order to maintain the
35tax-exempt status of those bonds and to obtain any other advantage
36under federal law on behalf of the funds of this state.



For the purposes of carrying out this chapter, the
38Director of Finance may authorize the withdrawal from the General
39Fund of an amount or amounts not to exceed the amount of the
40unsold bonds that have been authorized by the committee to be
P11   1sold for the purpose of carrying out this chapter less any amount
2borrowed pursuant to Section 5892.5. Any amounts withdrawn
3shall be deposited in the fund. Any money made available under
4this section shall be returned to the General Fund, with interest at
5the rate earned by the money in the Pooled Money Investment
6Account, from proceeds received from the sale of bonds for the
7purpose of carrying out this chapter.



All money deposited in the fund that is derived from
9premium and accrued interest on bonds sold pursuant to this chapter
10shall be reserved in the fund and shall be available for transfer to
11the General Fund as a credit to expenditures for bond interest,
12except that amounts derived from premium may be reserved and
13used to pay the cost of bond issuance prior to any transfer to the
14General Fund.



Pursuant to Chapter 4 (commencing with Section
1616720) of Part 3 of Division 4 of Title 2 of the Government Code,
17the cost of bond issuance shall be paid out of the bond proceeds,
18including premium, if any. To the extent the cost of bond issuance
19is not paid from premiums received from the sale of bonds, these
20costs shall be shared proportionately by each program funded
21through this chapter by the applicable bond sale.



The bonds issued and sold pursuant to this chapter may
23be refunded in accordance with Article 6 (commencing with
24Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of
25the Government Code, which is a part of the State General
26Obligation Bond Law. Approval by the voters of the state for the
27issuance of the bonds under this chapter shall include approval of
28the issuance of any bonds issued to refund any bonds originally
29issued under this chapter or any previously issued refunding bonds.



The proceeds from the sale of bonds authorized by this
31chapter are not “proceeds of taxes” as that term is used in Article
32XIII B of the California Constitution, and the disbursement of
33these proceeds is not subject to the limitations imposed by that


SEC. 3.  

Section 2 of this act shall take effect upon the approval
36by the voters of the Safe Neighborhood Parks, Rivers, and Coastal
37Protection Bond Act of 2016, as set forth in that section, which
38shall be submitted to the voters at the November 8, 2016, statewide
39general election.

P12   1

SEC. 4.  

This act is an urgency statute necessary for the
2immediate preservation of the public peace, health, or safety within
3the meaning of Article IV of the Constitution and shall go into
4immediate effect. The facts constituting the necessity are:

5In order to ensure that the Safe Neighborhood Parks, Rivers, and
6Coastal Protection Bond Act of 2016 appears on the November 8,
72016 statewide general election ballot, it is necessary that this act
8take effect immediately.