Senate Bill No. 1086

Introduced by Senator De León

February 19, 2014

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 1086, as introduced, De León. The Safe Neighborhood Parks, Rivers, and Coastal Protection Bond Act of 2014.

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 2014, which, if adopted by the voters, 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: 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) California’s residents value state, local, and regional parks
and the natural lands of the state as they provide the following:

(1) Access to the serenity and inspiration of nature, outdoor
spaces, and places for play and exercise.

(2) Facilities for directed and self-directed recreation.

(3) Activities that facilitate social connections, human
development, the arts, and lifelong learning.

(4) Positive alternatives for youth that help lower crime and
delinquency.

(b) California’s parks and natural resources infrastructure have
social, health, environmental, recreational, and intrinsic value to
the citizens of the state and, importantly, outdoor recreation can
be a critical economic driver to the state.

(c) Continued investment in the state’s parks, natural resources,
and in greening urban areas will mitigate the effects of global
warming, thus reducing California’s carbon footprint.

(d) Demand for local parks has exceeded available funding by
a factor of eight to one.

(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 fishery 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 2014

 

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 2014.

 

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 and for the protection
of agricultural and open-space lands around a developed area
consistent with a sustainable communities strategy or other land
use plan.

(g) “Interpretation” includes, but is not limited to, a visitor
serving amenity that educates and communicates the significance
and value of natural, historical, and cultural resources in a way
that increases the understanding and enjoyment of these resources
and that may utilize the expertise of a naturalist or other specialist
skilled at educational interpretation.

(h) “Local conservation corps” means a program operated by a
public agency or nonprofit organization that meets the requirements
of Section 14406.

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

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

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

(l) “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, 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.

 

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 2014, 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.

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) The Natural Resources Agency shall develop and adopt a
statewide resource protection plan to identify priorities for
expending funds provided in this act that reflects statewide and
regional resource protection, public access and availability to
underserved populations. Conservation plans developed and
adopted by departments and conservancies shall be consistent with
statewide priorities adopted by the Natural Resources Agency.

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

 

Article 4.  Parks

 

5882.  

The sum of ____ dollars ($____) from the fund shall be
available to the department for the creation and expansion of safe
neighborhood parks and for the preservation, protection, and
restoration of regional and state parks in accordance with the
following schedule:

(a) ____ dollars ($____) shall be available for grants in
accordance with Chapter 3.3 (commencing with Section 5640).

(b) ____ dollars ($____) shall be available for grants for local
park rehabilitation and improvement to local governments on a
per capita basis.

(c) ____ dollars ($____) shall be available for grants for the
restoration, preservation, 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
operated through cooperative agreements or pursuant to joint power
authorities that include state and local agencies.

(d) ____ dollars ($____) shall be available for restoration and
preservation of existing state park facilities and units to preserve
public access and to protect natural resources.

 

Article 5.  Rivers, Lakes, and Streams

 

5883.  

The sum of ____ dollars ($____) from the fund shall be
available for the protection of rivers, lakes, streams, and their
watersheds in accordance with the following schedule:

(a) Not less than ____ dollars ($____) shall be available to match
federal and local funds for the protection and restoration of the
Los Angeles River parkway.

(b) Up to ____ dollars ($____) shall be available to the Natural
Resources Agency for the River Parkway Program.

(c) Up to ____ dollars ($____) shall be available to fund
statewide priorities to protect water quality, fish and wildlife, and
other resources.

(d) ____ dollars ($____) shall be available to the Department
of Conservation for the protection and restoration of watersheds.

(e) ____ dollars ($____) shall be available to the Department
of Water Resources for establishment or enhancement of flood
corridors to provide multiple public benefits.

 

Article 6.  Coast and Ocean Protection

 

5884.  

The sum of ____ dollars ($____) from the fund shall be
available for the protection of beaches, bays, coastal, and ocean
resources in accordance with the following schedule:

(a) ____ dollars ($____) shall be available to the State Coastal
Conservancy pursuant to Division 21 (commencing with Section
31000).

(b) ____ dollars ($____) shall be available to the Ocean
Protection Council pursuant to Division 26.5 (commencing with
Section 35500).

(c) ____ dollars ($____) shall be available for matching local
and federal funds for the restoration of wetlands in the San
Francisco Bay.

 

Article 7.  Forests and Working Lands

 

5885.  

The sum of ____ dollars ($____) from the fund shall be
available for the protection of forests, working lands, and wildlife
in accordance with the following schedule:

(a) ____ dollars ($____) shall be available to the Sierra Nevada
Conservancy for projects pursuant to Division 23.3 (commencing
with Section 33300).

(b) ____ dollars ($____) shall be available to the board for
protection of forests, rangelands, and for wildlife protection
pursuant to Chapter 4 (commencing with Section 1300) of Division
2 of the Fish and Game Code.

(c) ____ dollars ($____) shall be available to the Department
of Conservation for protection of working lands including for the
purposes of the Farmland Conservancy Program.

 

Article 8.  Regional Conservation Priorities

 

5886.  

____ dollars ($____) from the fund shall be available
for protection, preservation, and restoration projects by state
conservancies in accordance with their operating statutes to address
regional conservation priorities throughout the state.

 

Article 9.  Youth Employment in Conservation

 

5887.  

____ dollars ($____) from the fund shall be available to
the California Conservation Corps, local conservation corps, and
for grants to other organizations that provide youth employment
opportunities in conservation for projects that protect and restore
natural resources, improve access to parks, and provide
employment and training opportunities to youth in disadvantaged
communities.

 

Article 10.  Urban Forestry and Sustainable Communities

 

5888.  

____ dollars ($____) from the fund shall be available
for urban forestry, urban greening, and greenprint projects to
support sustainable communities strategies.

 

Article 11.  Fiscal Provisions

 

5889.  

(a) Bonds in the total amount of ____ dollars ($____),
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 2014, as set forth in that section.