Bill Text: CA SB317 | 2015-2016 | Regular Session | Amended
Bill Title: The Safe Neighborhood Parks, Rivers, and Coastal
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Failed) 2016-02-01 - Died on file pursuant to Joint Rule 56. [SB317 Detail]
Download: California-2015-SB317-Amended.html
BILL NUMBER: SB 317 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2015
AMENDED IN SENATE APRIL 23, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator De León
( Principal coauthor: Senator
Pavley )
( Coauthors: Senators Allen,
Hertzberg, Hill, Hueso,
Jackson, Monning, and Wieckowski )
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, and
or 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 natural resources
natural, cultural, and historic resources, actions to improve
access to public open-space areas, or actions to
allow the continued use and enjoyment of property or natural
natural, cultural, and historic 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,
removal of waste and debris, 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.
5881.6. 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.
5881.7. 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.
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, preservation 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 and parklands
operated by regional park districts, counties, open-space
districts, and open-space authorities, and parks and
parklands operated 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 natural
natural, cultural, and historic 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
Conservancy Conservancy, established pursuant to
Article 6 (commencing with Section 5096.351) of Chapter
1.692 Title 7.42 (commencing with Section 66905) of
the Government Code, for the implementation
implementation, and to further the goals and purposes, of
the Lake Tahoe Environmental Improvement Program.
Program, pursuant to Article 6 (commencing with Section 50
96.351) of Chapter 1.692.
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 or develop a climate
adaptation element for a general plan, or add climate
adaption to a general plan, 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.
