AB 18: Healing arts: Licensed Physicians and Dentists from Mexico Pilot Program.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-08-14
Existing law, the Licensed Physicians and Dentists from Mexico Pilot Program, allows licensed physicians and dentists from Mexico to be issued a license by the Medical Board of California or the Dental Board of California to practice medicine or dentistry in California for a period not to exceed 3 years and establishes requirements for the participants in the program, including that a physician from Mexico, before leaving Mexico, is required to satisfactorily complete a 6 months orientation program that addressees specified topics and is approved by the Medical Board of California. Existing law also requires dentists that participate in the program to enroll and complete an orientation program that focuses on specified topics.
This bill would remove the requirement that the orientation program for physicians be 6 months in length. The bill would require the Medical Board of California and the Dental Board of California to convene interested parties meetings in order for the boards to determine and establish the appropriate duration of the orientation programs under their respective oversights.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Licensed Physicians and Dentists from Mexico Pilot Program, allows licensed physicians and dentists from Mexico to practice medicine or dentistry in California for a period not to exceed 3 years and establishes requirements for the participants in the program, including that a physician from Mexico, before leaving Mexico, is required to satisfactorily complete a 6 months orientation program that addressees specified topics and is approved by the Medical Board of California.
This bill would remove the requirement that the orientation program be 6 months in length.
This bill would declare that it is to take effect immediately as an urgency statute.
Under existing law, programs have been established pursuant to bond acts for, among other things, the development and enhancement of state and local parks and recreational facilities.This bill would enact the California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, which, if approved by the voters, would authorize the issuance of bonds in an amount of $3,470,000,000 pursuant to the State General Obligation Bond Law to finance a clean water, climate, coastal protection, and outdoor access for all program.The bill would provide for the submission of these provisions to the voters at the June 5, 2018, statewide direct primary election.This bill would declare that it is to take effect immediately as an urgency statute.Under existing law, programs have been established pursuant to bond acts for, among other things, the development and enhancement of state and local parks and recreational facilities.
This bill would enact the California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, which, if approved by the voters, would authorize the issuance of bonds in an amount of $3,105,000,000 $3,470,000,000 pursuant to the State General Obligation Bond Law to finance a clean water, climate, coastal protection, and outdoor access for all program.
The bill would provide for the submission of these provisions to the voters at the June 5, 2018, statewide direct primary election.
This bill would declare that it is to take effect immediately as an urgency statute.
Under existing law, programs have been established pursuant to bond acts for, among other things, the development and enhancement of state and local parks and recreational facilities.
This bill would enact the California Clean Water, Climate, and Coastal Protection Protection, and Outdoor Access For All Act of 2018, which, if approved by the voters, would authorize the issuance of bonds in an amount of $3,005,000,000 $3,105,000,000 pursuant to the State General Obligation Bond Law to finance a clean water, climate, and coastal protection protection, and outdoor access for all program.
The bill would provide for the submission of these provisions to the voters at the June 5, 2018, statewide direct primary election.
This bill would declare that it is to take effect immediately as an urgency statute.
Under existing law, programs have been established pursuant to bond acts for, among other things, the development and enhancement of state and local parks and recreational facilities.
This bill would enact the California Clean Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2018, which, if approved by the voters, would authorize the issuance of bonds in an amount of $3,005,000,000 pursuant to the State General Obligation Bond Law to finance a clean water, climate, and coastal protection and outdoor access for all program.
The bill would provide for the submission of these provisions to the voters at the June 5, 2018, statewide direct primary election.
This bill would declare that it is to take effect immediately as an urgency statute.
(a)The Licensed Physicians and Dentists from Mexico Pilot Program is hereby created. This program shall allow up to 30 licensed physicians specializing in family practice, internal medicine, pediatrics, and obstetrics and gynecology, and up to 30 licensed dentists from Mexico to practice medicine or dentistry in California for a period not to exceed three years. The program shall also maintain an alternate list of program participants.
(b)The Medical Board of California shall issue three-year nonrenewable licenses to practice medicine to licensed Mexican physicians and the Dental Board of California shall issue three-year nonrenewable permits to practice dentistry to licensed Mexican dentists.
(c)Physicians from Mexico eligible to participate in this program shall comply with the following:
(1)Be licensed, certified or recertified, and in good standing in their medical specialty in Mexico. This certification or recertification shall be performed, as appropriate, by the Consejo Mexicano de Ginecologia y Obstetricia, A.C., the Consejo Mexicano de Certificacion en Medicina Familiar, A.C., the Consejo Mexicano de Medicina Interna, A.C., or the Consejo Mexicano de Certificacion en Pediatria, A.C.
(2)Prior to leaving Mexico, each physician shall have completed the following requirements:
(A)Passed the board review course with a score equivalent to that registered by United States applicants when passing a board review course for the United States certification examination in each of his or her specialty areas and passed an interview examination developed by the National Autonomous University of Mexico (UNAM) for each specialty area. Family practitioners who shall include obstetrics and gynecology in their practice shall also be required to have appropriately documented, as specified by United States standards, 50 live births. Mexican obstetricians and gynecologists shall be fellows in good standing of the American College of Obstetricians and Gynecologists.
(B)(i)Satisfactorily completed an orientation program that addressed medical protocol, community clinic history and operations, medical administration, hospital operations and protocol, medical ethics, the California medical delivery system, health maintenance organizations and managed care practices, and pharmacology differences. The Medical Board of California shall convene interested parties meetings in order for the board to determine and establish the appropriate duration of the orientation program. This orientation program shall be approved by the Medical Board of California to ensure that it contains the requisite subject matter and meets appropriate California law and medical standards where applicable.
(ii)Additionally, Mexican physicians participating in the program shall be required to be enrolled in adult English-as-a-second-language (ESL) classes that focus on both verbal and written subject matter. Each physician participating in the program shall have transcripts sent to the Medical Board of California from the appropriate Mexican university showing enrollment and satisfactory completion of these classes.
(C)Representatives from the UNAM in Mexico and a medical school in good standing or a facility conducting an approved medical residency training program in California shall confer to develop a mutually agreed upon distant learning program for the orientation program required pursuant to subparagraph (B).
(3)Upon satisfactory completion of the requirements in paragraphs (1) and (2), and after having received their three-year nonrenewable medical license, the Mexican physicians shall be required to obtain continuing education pursuant to Section 2190. Each physician shall obtain an average of 25 continuing education units per year for a total of 75 units for a full three years of program participation.
(4)Upon satisfactory completion of the requirements in paragraphs (1) and (2), the applicant shall receive a three-year nonrenewable license to work in nonprofit community health centers and shall also be required to participate in a six-month externship at his or her place of employment. This externship shall be undertaken after the participant has received a license and is able to practice medicine. The externship shall ensure that the participant is complying with the established standards for quality assurance of nonprofit community health centers and medical practices. The externship shall be affiliated with a medical school in good standing in California. Complaints against program participants shall follow the same procedures contained in the Medical Practice Act (Chapter 5 (commencing with Section 2000)).
(5)After arriving in California, Mexican physicians participating in the program shall be required to be enrolled in adult ESL classes at institutions approved by the Bureau of Private Post Secondary and Vocational Education or accredited by the Western Association of Schools and Colleges. These classes shall focus on verbal and written subject matter to assist a physician in obtaining a level of proficiency in English that is commensurate with the level of English spoken at community clinics where he or she will practice. The community clinic employing a physician shall submit documentation confirming approval of an ESL program to the board for verification. Transcripts of satisfactory completion of the ESL classes shall be submitted to the Medical Board of California as proof of compliance with this provision.
(6)(A)Nonprofit community health centers employing Mexican physicians in the program shall be required to have medical quality assurance protocols and either be accredited by the Joint Commission on Accreditation of Health Care Organizations or have protocols similar to those required by the Joint Commission on Accreditation of Health Care Organizations. These protocols shall be submitted to the Medical Board of California prior to the hiring of Mexican physicians.
(B)In addition, after the program participant successfully completes the six-month externship program, a free standing health care organization that has authority to provide medical quality certification, including, but not limited to, health plans, hospitals, and the Integrated Physician Association, is responsible for ensuring and overseeing the compliance of nonprofit community health centers medical quality assurance protocols, conducting site visits when necessary, and developing any additional protocols, surveys, or assessment tools to ensure that quality of care standards through quality assurance protocols are being appropriately followed by physicians participating in the program.
(7)Participating hospitals shall have the authority to establish criteria necessary to allow individuals participating in this three-year pilot program to be granted hospital privileges in their facilities.
(8)The Medical Board of California shall provide oversight review of both the implementation of this program and the evaluation required pursuant to subdivision (j). The board shall consult with the medical schools applying for funding to implement and evaluate this program, executive and medical directors of nonprofit community health centers wanting to employ program participants, and hospital administrators who will have these participants practicing in their hospital, as it conducts its oversight responsibilities of this program and evaluation. Any funding necessary for the implementation of this program, including the evaluation and oversight functions, shall be secured from nonprofit philanthropic entities. Implementation of this program may not proceed unless appropriate funding is secured from nonprofit philanthropic entities. The board shall report to the Legislature every January during which the program is operational regarding the status of the program and the ability of the program to secure the funding necessary to carry out its required provisions. Notwithstanding Section 11005 of the Government Code, the board may accept funds from nonprofit philanthropic entities. The board shall, upon appropriation in the annual Budget Act, expend funds received from nonprofit philanthropic entities for this program.
(d)(1)Dentists from Mexico eligible to participate in this program shall comply with the following requirements or the requirements contained in paragraph (2):
(A)Be graduates from the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontologia).
(B)Meet all criteria required for licensure in Mexico that is required and being applied by the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontologia), including, but not limited to:
(i)A minimum grade point average.
(ii)A specified English language comprehension and conversational level.
(iii)Passage of a general examination.
(iv)Passage of an oral interview.
(C)(i)Enroll and complete an orientation program that focuses on the following:
(i)(I)Practical issues in pharmacology that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(ii)(II)Practical issues and diagnosis in oral pathology that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(iii)(III)Clinical applications that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(iv)(IV)Biomedical sciences that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(v)(V)Clinical history management that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(vi)(VI)Special patient care that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(vii)(VII)Sedation techniques that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(viii)(VIII)Infection control guidelines which shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(ix)(IX)Introduction to health care systems in California.
(x)(X)Introduction to community clinic operations.
(ii)The Dental Board of California shall convene interested parties meetings in order for the board to determine and establish the appropriate duration of the orientation program.
(2)(A)Graduate within the three-year period prior to enrollment in the program, from a foreign dental school that has received provisional approval or certification by November of 2003 from the Dental Board of California under the Foreign Dental School Approval Program.
(B)Enroll and satisfactorily complete an orientation program that focuses on the health care system and community clinic operations in California.
(C)Enroll and satisfactorily complete a course taught by an approved foreign dental school on infection control approved by the Dental Board of California.
(3)Upon satisfactory completion to a competency level of the requirements in paragraph (1) or (2), dentists participating in the program shall be eligible to obtain employment in a nonprofit community health center pursuant to subdivision (f) within the structure of an extramural dental program for a period not to exceed three years.
(4)Dentists participating in the program shall be required to complete the necessary continuing education units required by the Dental Practice Act (Chapter 4 (commencing with Section 1600)).
(5)The program shall accept 30 participating dentists. The program shall also maintain an alternate list of program applicants. If an active program participant leaves the program for any reason, a participating dentist from the alternate list shall be chosen to fill the vacancy. Only active program participants shall be required to complete the orientation program specified in subparagraph (C) of paragraph (1).
(6)(A)Additionally, an extramural dental facility may be identified, qualified, and approved by the board as an adjunct to, and an extension of, the clinical and laboratory departments of an approved dental school.
(B)As used in this subdivision, extramural dental facility includes, but is not limited to, any clinical facility linked to an approved dental school for the purposes of monitoring or overseeing the work of a dentist licensed in Mexico participating in this program and that is employed by an approved dental school for instruction in dentistry that exists outside or beyond the walls, boundaries, or precincts of the primary campus of the approved dental school, and in which dental services are rendered. These facilities shall include nonprofit community health centers.
(C)Dental services provided to the public in these facilities shall constitute a part of the dental education program.
(D)Approved dental schools shall register extramural dental facilities with the board. This registration shall be accompanied by information supplied by the dental school pertaining to faculty supervision, scope of treatment to be rendered, arrangements for postoperative care, the name and location of the facility, the date operations shall commence at the facility, and a description of the equipment and facilities available. This information shall be supplemented with a copy of the agreement between the approved dental school and the affiliated institution establishing the contractual relationship. Any change in the information initially provided to the board shall be communicated to the board.
(7)The program shall also include issues dealing with program operations, and shall be developed in consultation by representatives of community clinics, approved dental schools, or the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontologia).
(8)The Dental Board of California shall provide oversight review of the implementation of this program and the evaluation required pursuant to subdivision (j). The board shall consult with dental schools in California that have applied for funding to implement and evaluate this program and executive and dental directors of nonprofit community health centers wanting to employ program participants, as it conducts its oversight responsibilities of this program and evaluation. Implementation of this program may not proceed unless appropriate funding is secured from nonprofit philanthropic entities. The board shall report to the Legislature every January during which the program is operational regarding the status of the program and the ability of the program to secure the funding necessary to carry out its required provisions. Notwithstanding Section 11005 of the Government Code, the board may accept funds from nonprofit philanthropic entities.
(e)Nonprofit community health centers that employ participants shall be responsible for ensuring that participants are enrolled in local English-language instruction programs and that the participants attain English-language fluency at a level that would allow the participants to serve the English-speaking patient population when necessary and have the literacy level to communicate with appropriate hospital staff when necessary.
(f)Physicians and dentists from Mexico having met the applicable requirements set forth in subdivisions (c) and (d) shall be placed in a pool of candidates who are eligible to be recruited for employment by nonprofit community health centers in California, including, but not limited to, those located in the Counties of Ventura, Los Angeles, San Bernardino, Imperial, Monterey, San Benito, Sacramento, San Joaquin, Santa Cruz, Yuba, Orange, Colusa, Glenn, Sutter, Kern, Tulare, Fresno, Stanislaus, San Luis Obispo, and San Diego. The Medical Board of California shall ensure that all Mexican physicians participating in this program have satisfactorily met the requirements set forth in subdivision (c) prior to placement at a nonprofit community health center.
(g)Nonprofit community health centers in the counties listed in subdivision (f) shall apply to the Medical Board of California and the Dental Board of California to hire eligible applicants who shall then be required to complete a six-month externship that includes working in the nonprofit community health center and a corresponding hospital. Once enrolled in this externship, and upon payment of the required fees, the Medical Board of California shall issue a three-year nonrenewable license to practice medicine and the Dental Board of California shall issue a three-year nonrenewable dental special permit to practice dentistry. For purposes of this program, the fee for a three-year nonrenewable license to practice medicine shall be nine hundred dollars ($900) and the fee for a three-year nonrenewable dental permit shall be five hundred forty-eight dollars ($548). A licensee or permitholder shall practice only in the nonprofit community health center that offered him or her employment and the corresponding hospital. This three-year nonrenewable license or permit shall be deemed to be a license or permit in good standing pursuant to the provisions of this chapter for the purpose of participation and reimbursement in all federal, state, and local health programs, including managed care organizations and health maintenance organizations.
(h)The three-year nonrenewable license or permit shall terminate upon notice by certified mail, return receipt requested, to the licensees or permitholders address of record, if, in the Medical Board of California or Dental Board of Californias sole discretion, it has determined that either:
(1)The license or permit was issued by mistake.
(2)A complaint has been received by either board against the licensee or permitholder that warrants terminating the license or permit pending an investigation and resolution of the complaint.
(i)All applicable employment benefits, salary, and policies provided by nonprofit community health centers to their current employees shall be provided to medical and dental practitioners from Mexico participating in this pilot program. This shall include nonprofit community health centers providing malpractice insurance coverage.
(j)Beginning 12 months after this pilot program has commenced, an evaluation of the program shall be undertaken with funds provided from philanthropic foundations. The evaluation shall be conducted jointly by one medical school and one dental school in California and either UNAM or a foreign dental school approved by the Dental Board of California, in consultation with the Medical Board of California. If the evaluation required pursuant to this section does not begin within 15 months after the pilot project has commenced, the evaluation may be performed by an independent consultant selected by the Director of the Department of Consumer Affairs. This evaluation shall include, but not be limited to, the following issues and concerns:
(1)Quality of care provided by doctors and dentists licensed under this pilot program.
(2)Adaptability of these licensed practitioners to California medical and dental standards.
(3)Impact on working and administrative environment in nonprofit community health centers and impact on interpersonal relations with medical licensed counterparts in health centers.
(4)Response and approval by patients.
(5)Impact on cultural and linguistic services.
(6)Increases in medical encounters provided by participating practitioners to limited-English-speaking patient populations and increases in the number of limited-English-speaking patients seeking health care services from nonprofit community health centers.
(7)Recommendations on whether the program should be continued, expanded, altered, or terminated.
(8)Progress reports on available data listed shall be provided to the Legislature on achievable time intervals beginning the second year of implementation of this pilot program. An interim final report shall be issued three months before termination of this pilot program. A final report shall be submitted to the Legislature at the time of termination of this pilot program on all of the above data. The final report shall reflect and include how other initiatives concerning the development of culturally and linguistically competent medical and dental providers within California and the United States are impacting communities in need of these health care providers.
(k)Costs for administering this pilot program shall be secured from philanthropic entities.
(l)Program applicants shall be responsible for working with the governments of Mexico and the United States in order to obtain the necessary three-year visa required for program participation.
SEC. 2.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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to address the urgent shortage of doctors in rural and farmworker communities in California and the consequences to the public health, health as soon as possible, it is necessary that this act take effect immediately.
(a)The Licensed Physicians and Dentists from Mexico Pilot Program is hereby created. This program shall allow up to 30 licensed physicians specializing in family practice, internal medicine, pediatrics, and obstetrics and gynecology, and up to 30 licensed dentists from Mexico to practice medicine or dentistry in California for a period not to exceed three years. The program shall also maintain an alternate list of program participants.
(b)The Medical Board of California shall issue three-year nonrenewable licenses to practice medicine to licensed Mexican physicians and the Dental Board of California shall issue three-year nonrenewable permits to practice dentistry to licensed Mexican dentists.
(c)Physicians from Mexico eligible to participate in this program shall comply with the following:
(1)Be licensed, certified or recertified, and in good standing in their medical specialty in Mexico. This certification or recertification shall be performed, as appropriate, by the Consejo Mexicano de Ginecologia y Obstetricia, A.C., the Consejo Mexicano de Certificacion en Medicina Familiar, A.C., the Consejo Mexicano de Medicina Interna, A.C., or the Consejo Mexicano de Certificacion en Pediatria, A.C.
(2)Prior to leaving Mexico, each physician shall have completed the following requirements:
(A)Passed the board review course with a score equivalent to that registered by United States applicants when passing a board review course for the United States certification examination in each of his or her specialty areas and passed an interview examination developed by the National Autonomous University of Mexico (UNAM) for each specialty area. Family practitioners who shall include obstetrics and gynecology in their practice shall also be required to have appropriately documented, as specified by United States standards, 50 live births. Mexican obstetricians and gynecologists shall be fellows in good standing of the American College of Obstetricians and Gynecologists.
(B)(i)Satisfactorily completed a six-month an orientation program that addressed medical protocol, community clinic history and operations, medical administration, hospital operations and protocol, medical ethics, the California medical delivery system, health maintenance organizations and managed care practices, and pharmacology differences. This orientation program shall be approved by the Medical Board of California to ensure that it contains the requisite subject matter and meets appropriate California law and medical standards where applicable.
(ii)Additionally, Mexican physicians participating in the program shall be required to be enrolled in adult English-as-a-second-language (ESL) classes that focus on both verbal and written subject matter. Each physician participating in the program shall have transcripts sent to the Medical Board of California from the appropriate Mexican university showing enrollment and satisfactory completion of these classes.
(C)Representatives from the UNAM in Mexico and a medical school in good standing or a facility conducting an approved medical residency training program in California shall confer to develop a mutually agreed upon distant learning program for the six-month orientation program required pursuant to subparagraph (B).
(3)Upon satisfactory completion of the requirements in paragraphs (1) and (2), and after having received their three-year nonrenewable medical license, the Mexican physicians shall be required to obtain continuing education pursuant to Section 2190. Each physician shall obtain an average of 25 continuing education units per year for a total of 75 units for a full three years of program participation.
(4)Upon satisfactory completion of the requirements in paragraphs (1) and (2), the applicant shall receive a three-year nonrenewable license to work in nonprofit community health centers and shall also be required to participate in a six-month externship at his or her place of employment. This externship shall be undertaken after the participant has received a license and is able to practice medicine. The externship shall ensure that the participant is complying with the established standards for quality assurance of nonprofit community health centers and medical practices. The externship shall be affiliated with a medical school in good standing in California. Complaints against program participants shall follow the same procedures contained in the Medical Practice Act (Chapter 5 (commencing with Section 2000)).
(5)After arriving in California, Mexican physicians participating in the program shall be required to be enrolled in adult ESL classes at institutions approved by the Bureau of Private Post Secondary and Vocational Education or accredited by the Western Association of Schools and Colleges. These classes shall focus on verbal and written subject matter to assist a physician in obtaining a level of proficiency in English that is commensurate with the level of English spoken at community clinics where he or she will practice. The community clinic employing a physician shall submit documentation confirming approval of an ESL program to the board for verification. Transcripts of satisfactory completion of the ESL classes shall be submitted to the Medical Board of California as proof of compliance with this provision.
(6)(A)Nonprofit community health centers employing Mexican physicians in the program shall be required to have medical quality assurance protocols and either be accredited by the Joint Commission on Accreditation of Health Care Organizations or have protocols similar to those required by the Joint Commission on Accreditation of Health Care Organizations. These protocols shall be submitted to the Medical Board of California prior to the hiring of Mexican physicians.
(B)In addition, after the program participant successfully completes the six-month externship program, a free standing health care organization that has authority to provide medical quality certification, including, but not limited to, health plans, hospitals, and the Integrated Physician Association, is responsible for ensuring and overseeing the compliance of nonprofit community health centers medical quality assurance protocols, conducting site visits when necessary, and developing any additional protocols, surveys, or assessment tools to ensure that quality of care standards through quality assurance protocols are being appropriately followed by physicians participating in the program.
(7)Participating hospitals shall have the authority to establish criteria necessary to allow individuals participating in this three-year pilot program to be granted hospital privileges in their facilities.
(8)The Medical Board of California shall provide oversight review of both the implementation of this program and the evaluation required pursuant to subdivision (j). The board shall consult with the medical schools applying for funding to implement and evaluate this program, executive and medical directors of nonprofit community health centers wanting to employ program participants, and hospital administrators who will have these participants practicing in their hospital, as it conducts its oversight responsibilities of this program and evaluation. Any funding necessary for the implementation of this program, including the evaluation and oversight functions, shall be secured from nonprofit philanthropic entities. Implementation of this program may not proceed unless appropriate funding is secured from nonprofit philanthropic entities. The board shall report to the Legislature every January during which the program is operational regarding the status of the program and the ability of the program to secure the funding necessary to carry out its required provisions. Notwithstanding Section 11005 of the Government Code, the board may accept funds from nonprofit philanthropic entities. The board shall, upon appropriation in the annual Budget Act, expend funds received from nonprofit philanthropic entities for this program.
(d)(1)Dentists from Mexico eligible to participate in this program shall comply with the following requirements or the requirements contained in paragraph (2):
(A)Be graduates from the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontologia).
(B)Meet all criteria required for licensure in Mexico that is required and being applied by the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontologia), including, but not limited to:
(i)A minimum grade point average.
(ii)A specified English language comprehension and conversational level.
(iii)Passage of a general examination.
(iv)Passage of an oral interview.
(C)Enroll and complete an orientation program that focuses on the following:
(i)Practical issues in pharmacology that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(ii)Practical issues and diagnosis in oral pathology that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(iii)Clinical applications that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(iv)Biomedical sciences that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(v)Clinical history management that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(vi)Special patient care that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(vii)Sedation techniques that shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(viii)Infection control guidelines which shall be taught by an instructor who is affiliated with a California dental school approved by the Dental Board of California.
(ix)Introduction to health care systems in California.
(x)Introduction to community clinic operations.
(2)(A)Graduate within the three-year period prior to enrollment in the program, from a foreign dental school that has received provisional approval or certification by November of 2003 from the Dental Board of California under the Foreign Dental School Approval Program.
(B)Enroll and satisfactorily complete an orientation program that focuses on the health care system and community clinic operations in California.
(C)Enroll and satisfactorily complete a course taught by an approved foreign dental school on infection control approved by the Dental Board of California.
(3)Upon satisfactory completion to a competency level of the requirements in paragraph (1) or (2), dentists participating in the program shall be eligible to obtain employment in a nonprofit community health center pursuant to subdivision (f) within the structure of an extramural dental program for a period not to exceed three years.
(4)Dentists participating in the program shall be required to complete the necessary continuing education units required by the Dental Practice Act (Chapter 4 (commencing with Section 1600)).
(5)The program shall accept 30 participating dentists. The program shall also maintain an alternate list of program applicants. If an active program participant leaves the program for any reason, a participating dentist from the alternate list shall be chosen to fill the vacancy. Only active program participants shall be required to complete the orientation program specified in subparagraph (C) of paragraph (1).
(6)(A)Additionally, an extramural dental facility may be identified, qualified, and approved by the board as an adjunct to, and an extension of, the clinical and laboratory departments of an approved dental school.
(B)As used in this subdivision, extramural dental facility includes, but is not limited to, any clinical facility linked to an approved dental school for the purposes of monitoring or overseeing the work of a dentist licensed in Mexico participating in this program and that is employed by an approved dental school for instruction in dentistry that exists outside or beyond the walls, boundaries, or precincts of the primary campus of the approved dental school, and in which dental services are rendered. These facilities shall include nonprofit community health centers.
(C)Dental services provided to the public in these facilities shall constitute a part of the dental education program.
(D)Approved dental schools shall register extramural dental facilities with the board. This registration shall be accompanied by information supplied by the dental school pertaining to faculty supervision, scope of treatment to be rendered, arrangements for postoperative care, the name and location of the facility, the date operations shall commence at the facility, and a description of the equipment and facilities available. This information shall be supplemented with a copy of the agreement between the approved dental school and the affiliated institution establishing the contractual relationship. Any change in the information initially provided to the board shall be communicated to the board.
(7)The program shall also include issues dealing with program operations, and shall be developed in consultation by representatives of community clinics, approved dental schools, or the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontologia).
(8)The Dental Board of California shall provide oversight review of the implementation of this program and the evaluation required pursuant to subdivision (j). The board shall consult with dental schools in California that have applied for funding to implement and evaluate this program and executive and dental directors of nonprofit community health centers wanting to employ program participants, as it conducts its oversight responsibilities of this program and evaluation. Implementation of this program may not proceed unless appropriate funding is secured from nonprofit philanthropic entities. The board shall report to the Legislature every January during which the program is operational regarding the status of the program and the ability of the program to secure the funding necessary to carry out its required provisions. Notwithstanding Section 11005 of the Government Code, the board may accept funds from nonprofit philanthropic entities.
(e)Nonprofit community health centers that employ participants shall be responsible for ensuring that participants are enrolled in local English-language instruction programs and that the participants attain English-language fluency at a level that would allow the participants to serve the English-speaking patient population when necessary and have the literacy level to communicate with appropriate hospital staff when necessary.
(f)Physicians and dentists from Mexico having met the applicable requirements set forth in subdivisions (c) and (d) shall be placed in a pool of candidates who are eligible to be recruited for employment by nonprofit community health centers in California, including, but not limited to, those located in the Counties of Ventura, Los Angeles, San Bernardino, Imperial, Monterey, San Benito, Sacramento, San Joaquin, Santa Cruz, Yuba, Orange, Colusa, Glenn, Sutter, Kern, Tulare, Fresno, Stanislaus, San Luis Obispo, and San Diego. The Medical Board of California shall ensure that all Mexican physicians participating in this program have satisfactorily met the requirements set forth in subdivision (c) prior to placement at a nonprofit community health center.
(g)Nonprofit community health centers in the counties listed in subdivision (f) shall apply to the Medical Board of California and the Dental Board of California to hire eligible applicants who shall then be required to complete a six-month externship that includes working in the nonprofit community health center and a corresponding hospital. Once enrolled in this externship, and upon payment of the required fees, the Medical Board of California shall issue a three-year nonrenewable license to practice medicine and the Dental Board of California shall issue a three-year nonrenewable dental special permit to practice dentistry. For purposes of this program, the fee for a three-year nonrenewable license to practice medicine shall be nine hundred dollars ($900) and the fee for a three-year nonrenewable dental permit shall be five hundred forty-eight dollars ($548). A licensee or permitholder shall practice only in the nonprofit community health center that offered him or her employment and the corresponding hospital. This three-year nonrenewable license or permit shall be deemed to be a license or permit in good standing pursuant to the provisions of this chapter for the purpose of participation and reimbursement in all federal, state, and local health programs, including managed care organizations and health maintenance organizations.
(h)The three-year nonrenewable license or permit shall terminate upon notice by certified mail, return receipt requested, to the licensees or permitholders address of record, if, in the Medical Board of California or Dental Board of Californias sole discretion, it has determined that either:
(1)The license or permit was issued by mistake.
(2)A complaint has been received by either board against the licensee or permitholder that warrants terminating the license or permit pending an investigation and resolution of the complaint.
(i)All applicable employment benefits, salary, and policies provided by nonprofit community health centers to their current employees shall be provided to medical and dental practitioners from Mexico participating in this pilot program. This shall include nonprofit community health centers providing malpractice insurance coverage.
(j)Beginning 12 months after this pilot program has commenced, an evaluation of the program shall be undertaken with funds provided from philanthropic foundations. The evaluation shall be conducted jointly by one medical school and one dental school in California and either UNAM or a foreign dental school approved by the Dental Board of California, in consultation with the Medical Board of California. If the evaluation required pursuant to this section does not begin within 15 months after the pilot project has commenced, the evaluation may be performed by an independent consultant selected by the Director of the Department of Consumer Affairs. This evaluation shall include, but not be limited to, the following issues and concerns:
(1)Quality of care provided by doctors and dentists licensed under this pilot program.
(2)Adaptability of these licensed practitioners to California medical and dental standards.
(3)Impact on working and administrative environment in nonprofit community health centers and impact on interpersonal relations with medical licensed counterparts in health centers.
(4)Response and approval by patients.
(5)Impact on cultural and linguistic services.
(6)Increases in medical encounters provided by participating practitioners to limited-English-speaking patient populations and increases in the number of limited-English-speaking patients seeking health care services from nonprofit community health centers.
(7)Recommendations on whether the program should be continued, expanded, altered, or terminated.
(8)Progress reports on available data listed shall be provided to the Legislature on achievable time intervals beginning the second year of implementation of this pilot program. An interim final report shall be issued three months before termination of this pilot program. A final report shall be submitted to the Legislature at the time of termination of this pilot program on all of the above data. The final report shall reflect and include how other initiatives concerning the development of culturally and linguistically competent medical and dental providers within California and the United States are impacting communities in need of these health care providers.
(k)Costs for administering this pilot program shall be secured from philanthropic entities.
(l)Program applicants shall be responsible for working with the governments of Mexico and the United States in order to obtain the necessary three-year visa required for program participation.
SEC. 2.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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to address the urgent shortage of doctors in rural and farmworker communities in California and the consequences to the public health, it is necessary that this act take effect immediately.
All matter omitted in this version of the bill appears in the bill as amended in the Senate August 30, 2017. (JR11)(a)The people of California find and declare all of the following:
(1)From Californias beautiful rivers, streams, coastal shorelines, and other waterways, to our federal, state, local, and regional parks and outdoor settings, to our vast network of trails connecting people with natural landscapes, Californians value the diversity of outdoor experiences afforded to this state and its citizens.
(2)Demand for local parks has exceeded available funding by a factor of 8 to 1, with particularly high demand in urban, disadvantaged communities.
(3)Many Californians across the state lack access to safe parks, trails, and recreation areas, which limits their ability to experience the outdoors, improve their physical and emotional health, exercise, and connect with their communities.
(4)Investments to create new and improve existing parks and recreation areas, and to create trail networks that provide access from neighborhoods to parks and recreational opportunities, will help ensure all Californians have access to safe places to exercise and enjoy recreational activities.
(5)The California Center for Public Health Advocacy estimates that inactivity and obesity cost California over forty billion dollars ($40,000,000,000) annually, through increased health care costs and lost productivity due to obesity-related illnesses, and that even modest increases in physical activity would result in significant savings. Investments in infrastructure improvements such as biking and walking trails and pathways and water quality and supply, whether in urban or natural areas, are cost-effective ways to promote physical activity.
(6)Continued investments in the states parks, trails, and natural resources, and greening urban areas will help mitigate the effects of climate change, making cities more livable, and will protect Californias natural resources for future generations.
(7)Californias outdoor recreation economy represents an eighty-seven-billion-dollar ($87,000,000,000) industry, providing over 700,000 jobs and billions of dollars in local and state revenues.
(8)Californias state, local, and regional park system infrastructure and national park system infrastructure are aging, and a significant infusion of capital is required to protect this investment.
(9)There has been a historic underinvestment in parks, trails, and outdoor infrastructure in disadvantaged areas and many communities throughout California.
(10)Tourism is a growing industry in California and remains an economic driver for the more rural parts of the state.
(b)It is the intent of the people of California that all of the following shall occur in the implementation of this chapter:
(1)The investment of public funds pursuant to this chapter will result in public benefits that address the most critical statewide needs and priorities for public funding.
(2)In the appropriation and expenditure of funding authorized by this chapter, priority will be given to projects that leverage private, federal, or local funding or produce the greatest public benefit.
(3)To the extent practicable, a project that receives moneys pursuant to this chapter will include signage informing the public that the project received funds from the California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Act of 2018.
(4)To the extent practicable, when developing program guidelines for urban recreation projects and habitat protection or restoration projects, administering entities are encouraged to give favorable consideration to projects that provide urban recreation and protect or restore natural resources. Additionally, the entities may pool funding for these projects.
(5)To the extent practicable, a project in a disadvantaged community that receives money pursuant to this chapter will provide workforce education, training, and quality job opportunities.
5880.01.The following definitions govern the construction of this chapter:
(a)Committee means the California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Finance Committee created by Section 5891.02.
(b)Conservation actions on private lands means projects with willing landowners that involve the adaptive flexible management of natural resources in response to changing conditions and threats to habitat and wildlife and that result in habitat conditions on private lands that, when managed dynamically over time, contribute to the long-term health and resiliency of vital ecosystems and enhance wildlife populations.
(c)Department means the Department of Parks and Recreation.
(d)Disadvantaged community has the same meaning as set forth in subdivision (g) of Section 75005.
(e)Fund means the California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Fund, created by Section 5880.085.
(f)Heavily urbanized city means a city with a population of 300,000 or more.
(g)Heavily urbanized county means a county with a population of 3,000,000 or more.
(h)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 skilled specialist.
(i)Nonprofit organization means a nonprofit corporation 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, 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, cultural, and historic 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, 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 improvement to increase the natural system value of the property. Restoration projects shall include the planning, monitoring, and reporting necessary to ensure successful implementation of the project objectives.
(m)Severely disadvantaged community means a community with a median household income less than 60 percent of the statewide average.
5880.02.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.
5880.03.(a)Except as provided in subdivision (b), up to 12.5 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. Planning may include feasibility studies for environmental site cleanup that would further the purpose of a project that is eligible for funding under this chapter.
(b)Funds used for planning projects that benefit disadvantaged communities may exceed 12.5 percent of the funds allocated if the state agency administering the moneys determines that there is a need for the additional funding.
5880.04.(a)(1)Except as provided in paragraph (2), at least 20 percent of the funds available pursuant to each article of this chapter shall be allocated for projects serving severely disadvantaged communities.
(2)At least 15 percent of the funds available pursuant to Article 8 (commencing with Section 5888) and Article 9 (commencing with Section 5889) shall be allocated for projects serving severely disadvantaged communities.
(b)(1)Except as provided in subdivision (c), paragraph (2), up to 10 percent of the funds available pursuant to each article of this chapter may be allocated for technical assistance to disadvantaged communities and small communities. The agency administering the moneys shall operate a multidisciplinary technical assistance program for disadvantaged communities and small communities.
(c)(2)Funds used for providing technical assistance to disadvantaged communities or small communities may exceed 10 percent of the funds allocated if the state agency administering the moneys determines that there is a need for the additional funding.
(3)For purposes of this subdivision, small community means a city with a population of 25,000 or less, or a county with a population of 100,000 or less.
5880.05.Before disbursing grants pursuant to this chapter, each state agency that receives funding to administer a competitive grant program under this chapter shall do the following:
(a)(1)Develop and adopt project solicitation and evaluation guidelines. The guidelines shall include monitoring and reporting requirements and may include a limitation on the dollar amount of grants to be awarded. If the state agency has previously developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this subdivision, it may use those guidelines.
(2)Guidelines adopted pursuant to this subdivision shall encourage, where feasible, inclusion of the following project components:
(A)Efficient use and conservation of water supplies.
(B)Use of recycled water.
(C)The capture of stormwater to reduce stormwater runoff, reduce water pollution, or recharge groundwater supplies, or a combination thereof.
(D)Provision of safe and reliable drinking water supplies to park and open-space visitors.
(b)Conduct three public meetings to consider public comments before finalizing the guidelines. The state agency shall publish the draft solicitation and evaluation guidelines on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California.
(c)Submit the guidelines to the Secretary of the Natural Resources Agency. The Secretary of the Natural Resources Agency shall verify that the guidelines are consistent with applicable statutes and for all the purposes enumerated in this chapter. The Secretary of the Natural Resources Agency shall post an electronic form of the guidelines submitted by state agencies and the subsequent verifications on the Natural Resources Agencys Internet Web site.
(d)Upon adoption, transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature.
5880.06.(a)The Department of Finance shall provide for an independent audit of expenditures pursuant to this chapter. The Secretary of the Natural Resources Agency shall publish a list of all program and project expenditures pursuant to this chapter not less than annually, in written form, and shall post an electronic form of the list on the agencys Internet Web site in a downloadable spreadsheet format. The spreadsheet shall be based on information submitted by the administering entity of each grant program to the Natural Resources Agency and shall include information about the location and footprint of each funded project, the projects objectives, the status of the project, anticipated outcomes, any matching moneys provided for the project by the grant recipient, and the applicable article of this chapter pursuant to which the grant recipient received moneys.
(b)If an audit, required by statute, of any entity that receives funding authorized by this chapter is conducted pursuant to state law and reveals any impropriety, the California State Auditor or the Controller may conduct a full audit of any or all of the activities of that entity.
(c)The state agency issuing any grant with funding authorized by this chapter shall require adequate reporting of the expenditures of the funding from the grant.
5880.065.If any moneys allocated pursuant to this chapter are not encumbered or expended by the recipient entity within the time period specified by the administering agency, the unexpended moneys shall revert to the administering entity for allocation consistent with the applicable article.
5880.07.To the extent feasible, a project whose application includes the use of services of the California Conservation Corps, certified community conservation corps, as defined in Section 14507.5, or other nonprofit entities that provide job training and education opportunities for veterans, foster care recipients, farmworkers, or local youth in conservation or restoration projects shall be given preference for receipt of a grant under this chapter.
5880.075.To the extent feasible, a project that includes water efficiencies, stormwater capture, or carbon sequestration features in the project design may be given priority for grant funding under this chapter.
5880.076.Moneys allocated pursuant to this chapter shall not be used to fulfill any mitigation requirements imposed by law.
5880.077.(a)To the extent feasible in implementing this chapter and except as provided in subdivision (b), a state agency receiving funding under this chapter shall seek to achieve wildlife conservation objectives through projects on public lands or voluntary projects on private lands. Funds may be used 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.
(b)This section shall not apply to Article 2 (commencing with Section 5881), Article 3 (commencing with Section 5882), Article 5 (commencing with Section 5884), or Article 6 (commencing with Section 5885).
5880.078.A state agency that receives funding to administer a grant program under this chapter On or before January 1, 2027, the Natural Resources Agency shall report to the Legislature by January 1, 2027, on its the expenditures made pursuant to this chapter and the public benefits received from those expenditures.
5880.080.A state conservancy receiving funding pursuant to this article shall endeavor to allocate funds that are complementary, but not duplicative, of authorized expenditures made pursuant to Chapter 188 of the Statutes of 2014.
5880.082.Funding pursuant to this chapter may be used for grants and loans to nonprofit organizations to repay financing described in Section 22064 of the Financial Code for projects that are consistent with the purposes of this chapter.
5880.084.For grants awarded for projects that serve a disadvantaged community, the administering entity shall provide advanced payments in the amount of 25 percent of the grant award to the recipient to initiate the project in a timely manner. The administering entity may adopt additional requirements for the recipient of the grant regarding the use of the advanced payments to ensure that the moneys are used properly.
5880.085.The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Fund, which is hereby created in the State Treasury.
5880.09.The Legislature may enact legislation necessary to implement programs funded by this chapter.
2.Investments in Environmental and Social Equity, Enhancing Californias Disadvantaged Communities5881.(a)The sum of nine hundred million dollars ($900,000,000) shall be available to the department, upon appropriation by the Legislature, for the creation and expansion of safe neighborhood parks in park-poor neighborhoods in accordance with the Statewide Park Development and Community Revitalization Act of 2008 competitive grant program described in Chapter 3.3 (commencing with Section 5640).
(b)When developing or revising criteria or guidelines for the grant program, the department may give additional consideration to projects that incorporate stormwater capture and storage or otherwise reduce stormwater pollution. pollution and projects that are in communities or unincorporated areas of a county that do not have parks. The department shall perform its due diligence by conducting a rigorous prequalification process to determine the fiscal and operational capacity and ability of a potential grant recipient to do both of the following:
(1)Manage a project to maximize public benefit in perpetuity.
(2)Implement the project in a timely manner.
5881.01.Of the amount available pursuant to subdivision (a) of Section 5881, not less than 20 percent shall be available for the rehabilitation, repurposing, or substantial improvement of existing park infrastructure in communities of the state that will lead to increased use and enhanced user experiences.
5881.02.Of the amount available pursuant to subdivision (a) of Section 5881, to correct historic underinvestments in the central valley, Inland Empire, gateway, and desert communities, the sum of forty million dollars ($40,000,000) shall be available for local park improvement grants to the communities within those areas identified by the department as park deficient within those areas for active recreational projects, including aquatic centers, to encourage youth health, fitness, and recreational pursuits. Projects that include the donation of land, materials, or volunteer services and that demonstrate collaborations of multiple entities and the leveraging of scarce resources may be given consideration. Entities that receive a grant under this section may also be eligible to receive other grants under subdivision (a) of Section 5881.
3.Investments in Protecting, Enhancing, and Accessing Californias Local and Regional Outdoor Spaces5882.For (a)The sum of five hundred seventy million dollars ($570,000,000) shall be available in accordance with this article.
(b)The director of the department shall annually forward a statement of the total amount to be appropriated each fiscal year for projects approved for grants pursuant to this article to the Director of Finance for inclusion in the annual Budget Act. A list of eligible jurisdictions and the amount of grant funds to be allocated to each jurisdiction shall also be made available by the department.
(c)Funds appropriated pursuant to this article shall be encumbered by the recipient within three years from the date the appropriation is effective. Regardless of the date of encumbrance of the granted funds, the recipient is expected to complete all funded projects within eight years of the effective date of the appropriation.
(d)For purposes of this article, district means any regional park district, regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3, any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780), or any authority formed pursuant to Division 26 (commencing with Section 35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, district also means any other entity, including, but not limited to, a district operating multiple-use parklands pursuant to Division 20 (commencing with Section 71000) of the Water Code, that is authorized by statute to operate and manage parks or recreational areas or facilities, employs a full-time park and recreation director, offers year-round park and recreation services on land and facilities owned by the entity, and allocates a substantial portion of its annual operating budget to parks or recreation areas or facilities.
5882.01.(a)The sum of (1)Of the funds available pursuant to Section 5882, four hundred twenty-five million dollars ($425,000,000) shall be available to the department, upon appropriation by the Legislature, for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients shall be encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors.
(b)Unless the entity has been identified as a disadvantaged community, an entity that receives an award pursuant to this section shall be required to provide a match of 20 percent as a local share.(2)Of the funds available pursuant to Section 5882, thirty million dollars ($30,000,000) shall be available to the department, upon appropriation by the Legislature, for grants to cities and districts in urbanized counties providing park and recreation services within jurisdictions of 200,000 or less in population. For purposes of this paragraph, urbanized county means a county with a population of 500,000 or more. An entity that is eligible to receive funds under this paragraph shall also be eligible to receive funds available under paragraph (1).
(b)Unless the entity has been identified as a disadvantaged community, an entity that receives an award pursuant to this section shall be required to provide a match of 20 percent as a local share.
(c)(1)(A)The department shall allocate 60 percent of the funds available pursuant to each of paragraphs (1) and (2) of subdivision (a) to cities and districts, other than a regional park district, regional park and open-space district, open-space authority, or regional open-space district. Each citys and districts allocation shall be in the same ratio as the citys or districts population is to the combined total of the states population that is included in incorporated and unincorporated areas within the county, except that each city or district shall be entitled to a minimum allocation of two hundred thousand dollars ($200,000). If the boundary of a city overlaps the boundary of a district, the population in the overlapping area shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. If the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds for that area shall be allocated to the district.
(B)On or before April 1, 2020, a city and a district that are subject to subparagraph (A), and whose boundaries overlap, shall collaboratively develop and submit to the department a specific plan for allocating the grant funds in accordance with the formula specified in subparagraph (A). If, by that date, the plan has not been developed and submitted to the department, the director shall determine the allocation of the grant funds between the affected jurisdictions.
(2)(A)The department shall allocate 40 percent of the funds available pursuant to each of paragraphs (1) and (2) of subdivision (a) to counties and regional park districts, regional park and open-space districts, open-space authorities formed pursuant to Division 26 (commencing with Section 35100), and regional open-space districts formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3.
(B)Each countys allocation under subparagraph (A) shall be in the same ratio that the countys population is to the total state population, except that each county shall be entitled to a minimum allocation of four hundred thousand dollars ($400,000).
(C)In any county that embraces all or part of the territory of a regional park district, regional park and open-space district, open-space authority, or regional open-space district, and whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district.
(3)For the purpose of making the calculations required by paragraphs (1) and (2), population shall be determined by the department, in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other verifiable population data that the department may require to be furnished by the applicant city, county, or district.
(d)The Legislature intends all recipients of funds pursuant to paragraph (1) or (2) of subdivision (a) to use those funds to supplement local revenues in existence on the effective date of the act adding this chapter. To receive an allocation pursuant to paragraph (1) or (2) of subdivision (a), the recipient shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this chapter in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but that is not available on an ongoing basis, shall not be considered when calculating a recipients annual expenditures. For purposes of this subdivision, the Controller may request fiscal data from recipients for the preceding three fiscal years. Each recipient shall furnish the data to the Controller no later than 120 days after receiving the request from the Controller.
(e)The director of the department shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to paragraph (1) or (2) of subdivision (a). The application shall be accompanied by certification that the project is consistent with the park and recreation element of the applicable city or county general plan or the district park recreation plan, as the case may be.
(f)To utilize available grant funds as effectively as possible, overlapping and adjoining jurisdictions and applicants with similar objectives are encouraged to combine projects and submit a joint application. A recipient may allocate all or a portion of its per capita share for a regional or state project.
5882.02.(a)(1)The department shall allocate 60 percent of the funds available pursuant to subdivision (a) of Section 5882.01 to cities and districts, other than a regional park district, regional park and open-space district, open-space authority, or regional open-space district. Each citys and districts allocation shall be in the same ratio as the citys or districts population is to the combined total of the states population that is included in incorporated and unincorporated areas within the county, except that each city or district shall be entitled to a minimum allocation of two hundred thousand dollars ($200,000). If the boundary of a city overlaps the boundary of a district, the population in the overlapping area shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. If the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds for that area shall be allocated to the district.(2)On or before April 1, 2020, a city and a district that are subject to paragraph (1), and whose boundaries overlap, shall collaboratively develop and submit to the department a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1). If, by that date, the plan has not been developed and submitted to the department, the director shall determine the allocation of the grant funds between the affected jurisdictions.(b)(1)The department shall allocate 40 percent of the funds available pursuant to subdivision (a) of Section 5882.01 to counties and regional park districts, regional park and open-space districts, open-space authorities formed pursuant to Division 26 (commencing with Section 35100), and regional open-space districts formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3.(2)Each countys allocation under paragraph (1) shall be in the same ratio that the countys population is to the total state population, except that each county shall be entitled to a minimum allocation of four hundred thousand dollars ($400,000).(3)In any county that embraces all or part of the territory of a regional park district, regional park and open-space district, open-space authority, or regional open-space district, and whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district.(c)For the purpose of making the calculations required by this section, population shall be determined by the department, in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other verifiable population data that the department may require to be furnished by the applicant city, county, or district.(d)The Legislature intends all recipients of funds pursuant to subdivision (a) of Section 5882.01 to use those funds to supplement local revenues in existence on the effective date of the act adding this chapter. To receive an allocation pursuant to subdivision (a) of Section 5882.01, the recipient shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this chapter in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but that is not available on an ongoing basis, shall not be considered when calculating a recipients annual expenditures. For purposes of this subdivision, the Controller may request fiscal data from recipients for the preceding three fiscal years. Each recipient shall furnish the data to the Controller no later than 120 days after receiving the request from the Controller.5882.04.(a)The director of the department shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to subdivision (a) of Section 5882.01. The application shall be accompanied by certification that the project is consistent with the park and recreation element of the applicable city or county general plan or the district park recreation plan, as the case may be.(b)To utilize available grant funds as effectively as possible, overlapping and adjoining jurisdictions and applicants with similar objectives are encouraged to combine projects and submit a joint application. A recipient may allocate all or a portion of its per capita share for a regional or state project.5882.06.(a)The sum of Of the funds available pursuant to Section 5882, one hundred ten million dollars ($110,000,000) shall be available to the department, upon appropriation by the Legislature, for grants to regional park districts, counties, regional open-space districts, open-space authorities formed pursuant to Division 26 (commencing with Section 35100), and eligible nonprofit organizations on a competitive grant basis to create, expand, improve, rehabilitate, or restore parks and park facilities, including, but not limited to, trails, regional trail networks, regional sports complexes, low-cost accommodations in park facilities, and visitor, outdoor, and interpretative facilities serving youth and communities of color.
(b)In awarding moneys, the department shall encourage applicants seeking funds for acquisition projects to perform projects in conjunction with new or enhanced public use and public access opportunities.
(c)Preference may be given to multiuse trail projects over single-use trail projects.
5882.08.The sum of Of the funds available pursuant to Section 5882, five million dollars ($5,000,000) shall be available to the department department, upon appropriation by the Legislature, for grants, awarded proportionally based on populations served, to local agencies that have obtained local voter approval between November 1, 2012, through November 30, 2018, inclusive, for revenue enhancement measures aimed at improving and enhancing local or regional park infrastructure. A recipient of a grant under this section shall receive at least two hundred fifty thousand dollars ($250,000) for the purposes of the revenue enhancement measure.
5882.10.(a)The director of the department shall annually forward a statement of the total amount to be appropriated each fiscal year for projects approved for grants pursuant to this article to the Director of Finance for inclusion in the annual Budget Act. A list of eligible jurisdictions and the amount of grant funds to be allocated to each jurisdiction shall also be made available by the department.(b)Funds appropriated pursuant to this article shall be encumbered by the recipient within three years from the date the appropriation is effective. Regardless of the date of encumbrance of the granted funds, the recipient is expected to complete all funded projects within eight years of the effective date of the appropriation.4.Restoring Californias Natural, Historic, and Cultural Legacy5883.(a)The sum of three hundred thirty million dollars ($330,000,000) shall be available to the department, upon appropriation by the Legislature, in accordance with this article, for restoration and preservation of existing state park facilities and units, to promote greater access to those units through the provision of low-cost overnight accommodations in ways that enhance access and recreational opportunities for disadvantaged communities, to preserve and increase public access to those facilities and units, and to protect the natural, cultural, and historic resources of those facilities and units. Not less than 80 percent of these funds shall be available for capital improvements that address the departments backlog of deferred maintenance or that enhance park access and user experiences.
(b)Of the amount available pursuant to subdivision (a), the sum of fifteen million dollars ($15,000,000) shall be available for enterprise projects that facilitate new or enhanced park use and user experiences and increase revenue generation to support operations of the department.(c)Of the amount available pursuant to subdivision (a), the sum of fifteen million dollars ($15,000,000) shall be available to the department for grants to local agencies that operate a unit of the state park system to address an urgent need for the restoration of aging infrastructure that, without restoration, would compromise the continued operation of the unit. Unless a local agency has been identified as a disadvantaged community, a local agency that receives a grant pursuant to this subdivision shall be required to provide a match of not less than 25 percent.(b)The department, in expending the funding available under this article, shall endeavor, where practical, to partner with cities, counties, nonprofit organizations, and nongovernmental organizations to maximize leveraging opportunities to enhance tourism, visitation, and visitor experiences.
5883.01.The department, in expending the funding available under this article, shall endeavor, where practical, to partner with cities, counties, nonprofit organizations, and nongovernmental organizations to maximize leveraging opportunities to enhance tourism, visitation, and visitor experiences.5883.02.Of the funds available pursuant to Section 5883, fifteen million dollars ($15,000,000) shall be available for enterprise projects that facilitate new or enhanced park use and user experiences and increase revenue generation to support operations of the department.
5883.04.Of the funds available pursuant to Section 5883, fifteen million dollars ($15,000,000) shall be available to the department for grants to local agencies that operate a unit of the state park system to address an urgent need for the restoration of aging infrastructure that, without restoration, would compromise the continued operation of the unit. Unless a local agency has been identified as a disadvantaged community, a local agency that receives a grant pursuant to this section shall be required to provide a match of not less than 25 percent.
5883.06.Of the funds available pursuant to Section 5883, ten million dollars ($10,000,000) shall be available for projects in units of the state park system that are managed by nonprofit organizations that have entered into operating agreements with the department. Of this amount, not less than thirty-three percent shall be available to nonprofit organizations that operate a unit in the Inland Empire State Park Program.
5883.08.Of the funds available pursuant to Section 5883, seventy million dollars ($70,000,000) shall be available to the department according to the following schedule to address major infrastructure rehabilitation, to improve tourism and visitor experiences, and to promote the health and safety of units within the state park system:
(a)Ten million dollars ($10,000,000) to implement a Central Valley State Park Program. To be eligible under this paragraph, a park shall be located in a county within the central valley from the County of Sacramento south to the base of the Tehachapi Mountain Range.
(b)Ten million dollars ($10,000,000) to implement a Central Coast State Park Program.
(c)Fifteen million dollars ($15,000,000) to implement an East Bay State Park Program.
(d)Ten million dollars ($10,000,000) to implement a High Desert-Coachella Valley State Park Program.
(e)Ten million dollars ($10,000,000) to implement an Inland Empire State Park Program.
(f)Fifteen million dollars ($15,000,000) to implement a San Diego State Park Program.
5.Trails and Greenway Investment5884.(a)The sum of forty-five million dollars ($45,000,000) shall be available to the Natural Resources Agency, working in cooperation with the department, upon appropriation by the Legislature, for competitive grants to local agencies, state conservancies, federally recognized Native American tribes, nonfederally recognized California Native American tribes listed on the California Tribal Consultation List maintained by the Native American Heritage Commission, and nonprofit organizations to provide nonmotorized infrastructure development and enhancements that promote new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments to encourage health-related commuting and opportunities for Californians to reconnect with nature.
(b)Of the amount made available pursuant to this section, up to 25 percent may be made available to communities for innovative transportation programs that provide new and expanded outdoor experiences to disadvantaged youth.
(c)Alignment, development, and improvement of nonmotorized infrastructure and trails that lead to safer interconnectivity among parks, waterways, and natural areas as well as projects of regional and statewide significance that serve to eliminate barriers to seamless trail use may be encouraged.
(d)The Natural Resources Agency is encouraged, when designing guidelines for grants awarded under this article, to utilize existing program guidelines, including, if applicable, guidelines that have been established for the California Recreational Trails Act (Article 6 (commencing with Section 5070) of Chapter 1) and, to the extent possible, to design guidelines that are consistent with the California Recreational Trails Plan, as described in Article 6 (commencing with Section 5070) of Chapter 1.
(e)Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article shall be required to provide a match of 20 percent.
5884.01.Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article shall be required to provide a match of 20 percent.5884.02.Of the amount authorized under Section 5884, not less than three million dollars ($3,000,000) shall be available to heavily urbanized cities for projects utilizing abandoned rail corridors.
6.Rural Recreation, Tourism, and Economic Enrichment Investment5885.(a)The sum of forty million dollars ($40,000,000) shall be available to the department, upon appropriation by the Legislature, to administer a competitive grant program for cities, counties, and districts in nonurbanized areas, that are eligible for a grant under the Roberti-Zberg-Harris Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620)). Notwithstanding subdivisions (c) and (e) of Section 5621 and for the purposes of this section, the definition of nonurbanized area shall be updated by the department to reflect current population levels. A nonurbanized area shall include counties with populations of less than 500,000 people. In awarding the grants, the department may consider the following factors:
(1)Whether the project would provide new recreational opportunities in rural communities that have demonstrated deficiencies and lack of outdoor infrastructure in support of economic and health-related goals.
(2)Whether the project proposes to acquire and develop lands to enhance resident recreation while promoting the quality of tourism experiences and the economic vitality of the community. These enhancements may include accessibility for individuals with disabilities, trails, bikeways, regional or destination-oriented recreational amenities, and visitor centers.
(3)Whether the project includes collaboration between public and nonprofit organizations, including, but not limited to, nonprofit land trusts, to facilitate public access to privately owned lands for regional trail development, wildlife viewing, recreation, or outdoor experiences for youth.
(b)Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article shall be required to provide a match of 20 percent.
(c)The department may also give priority to projects that provide incidental economic value, including protecting infrastructure and providing access to quality drinking water, and projects that protect the environment through improved habitat connectivity, climate adaptation, and carbon sequestration.
7.California River Recreation, Creek, Stormwater, and Waterway Improvement Program5886.(a)The sum of five hundred ten million dollars ($510,000,000) shall be available in accordance with this article.
(b)To the maximum extent feasible, the Natural Resources Agency and the department are encouraged, when developing guidelines for grants awarded under this article, to utilize existing programs where communities enter into partnerships with state agencies for multibenefit projects to enhance and restore waterways, including, but not limited to, the Riverine Stewardship Technical Assistance program.
5886.(a)The sum of5886.01.(a)Of the amount authorized under Section 5886, seventy million dollars ($70,000,000) shall be available to the Natural Resources Agency, upon appropriation by the Legislature, for grants pursuant to the California River Parkways Act of 2004 (Chapter 3.8 (commencing with Section 5750)). Eligible projects shall include, but are not limited to, projects that protect and enhance urban creeks.
(1)Of the amount made available pursuant to this subdivision, not less than five million dollars ($5,000,000) shall be available for the Lower American River Conservancy Program, as described in Chapter 375 of the Statutes of 2016.
(2)Of the amount made available pursuant to this subdivision, not less than five million dollars ($5,000,000) shall be available for improvements in and along the Guadalupe River and its headwaters or contributing tributaries, including Los Gatos Creek, upon the enactment of subsequent legislation that demonstrates a comprehensive local and regional approach to restoration, public recreation, and management of the river corridor.
(3)Of the amount made available pursuant to this subdivision, five million dollars ($5,000,000) shall be available for improvements in and along the Russian River upon the enactment of subsequent legislation that provides a comprehensive regional use management plan to reduce conflict and promote cooperative public recreation, commercial activity, and habitat protection benefits.
(4)Of the amount made available pursuant to this subdivision, five million dollars ($5,000,000) shall be available to the Santa Ana River Conservancy Program pursuant to Chapter 4.6 (commencing with Section 31170) of Division 21.
(5)Of the amount made available pursuant to this subdivision, five million dollars ($5,000,000) shall be available for improvements in and around Clear Lake and its watershed upon the enactment of legislation subsequent to the effective date of this section that demonstrates a comprehensive local and regional approach to restoration, public recreation, and management of the lake and its surrounding resources and recreation areas. Research conducted on the condition of the lake and its watershed and the establishment of an action plan for management of the lake is eligible for funding under this paragraph.
(b)Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article section shall be required to provide a match of 20 percent.
(c)To maximize cooperation and leverage resources, the Natural Resources Agency may give priority to projects that include partnerships among federal, state, and local agencies and to projects proposed by nonprofit organizations, including, but not limited to, nonprofit land trusts.
5886.01.The sum of ninety million dollars ($90,000,000)5886.02.Of the amount authorized under Section 5886, one hundred million dollars ($100,000,000) shall be available to the Natural Resources Agency, upon appropriation by the Legislature, for project grants for the protection and enhancement of an urban creek, as defined in subdivision (e) of Section 7048 of the Water Code, and its tributaries, pursuant to Division 22.8 (commencing with Section 32600) and Division 23 (commencing with Section 33000) of this code and Section 79508 of the Water Code. Money available pursuant to this section shall be equally divided between projects in areas described in Division 22.8 (commencing with Section 32600) and projects in areas described in Division 23 (commencing with Section 33000). Projects serving disadvantaged communities shall have priority for funding under this section.
5886.03.The sum of Of the amount authorized under Section 5886, ten million dollars ($10,000,000) shall be available to the department, upon appropriation by the Legislature, to implement the Urban Streams Restoration Program, established pursuant to Section 7048 of the Water Code.
5886.04.The sum of thirty million dollars ($30,000,000) Of the amount authorized under Section 5886, three hundred million dollars ($300,000,000) shall be available to the Salton Sea Authority, upon appropriation by the Legislature, for capital outlay projects that provide air quality and habitat benefits and that implement the Natural Resources Agencys Salton Sea Management Program. Of this amount, not less than ten twenty million dollars ($10,000,000) ($20,000,000) shall be available for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program, as described in Section 71103.6.
5886.05.(a)The sum of twenty-five million dollars ($25,000,000) Of the amount authorized under Section 5886, thirty million dollars ($30,000,000) shall be available available, upon appropriation by the Legislature, to the Natural Resources Agency for competitive grants to cities, counties, regional park districts, park districts, regional open-space districts, open-space authorities, conservation-based nonprofit organizations, and joint powers authorities for stormwater capture projects that lead to improved or enhanced park, parkway, open-space, greenways, or green infrastructure and provide for at least two of the following benefits:
(1)Reduces flooding.
(2)Reduces water pollution.
(3)Facilitates increased recharge of groundwater or otherwise stores water for reuse.
(4)Increases or otherwise enhances habitat for fish and wildlife.
(5)Promotes adaptation and protections against sea level rise.
(6)Reduces heat island effects.
(b)In implementing this section, the Natural Resources Agency may draw from existing guidelines and provisions such as the urban greening program, as described in Section 75129, as that section existed at the time this act was enacted.
5886.06.To the maximum extent feasible, the Natural Resources Agency and the department are encouraged, when developing guidelines for grants awarded under this article, to utilize existing programs where communities enter into partnerships with state agencies for multibenefit projects to enhance and restore waterways, including, but not limited to, the Riverine Stewardship Technical Assistance program.7.5.State Conservancy Funding5887.The sum of one hundred forty-five million dollars ($145,000,000) one hundred sixty million dollars ($160,000,000) shall be available, upon appropriation by the Legislature, in accordance with the following schedule, to fulfill the purposes of the specified entity:
(a)Baldwin Hills Conservancy, five million dollars ($5,000,000).
(b)California Tahoe Conservancy, twenty million dollars ($20,000,000).
(c)Coachella Valley Mountains Conservancy, ten million dollars ($10,000,000).
(d)Sacramento-San Joaquin Delta Conservancy, ten million dollars ($10,000,000).
(e)San Diego River Conservancy, fifteen million dollars ($15,000,000).
(f)San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, twenty-five million dollars ($25,000,000). thirty million dollars ($30,000,000).
(g)San Joaquin River Conservancy, ten million dollars ($10,000,000).
(h)Santa Monica Mountains Conservancy, twenty-five million dollars ($25,000,000). thirty million dollars ($30,000,000).
(i)Sierra Nevada Conservancy, twenty-five million dollars ($25,000,000). thirty million dollars ($30,000,000).
5887.01.The Legislature shall strive to consider population size, land mass, and natural resource significance as factors when determining the amount of any other funds to be made available to an entity listed in Section 5887.
5887.02.A receiving entity in Section 5887 shall develop and adopt a strategic master plan that identifies priorities and specific criteria for selecting projects for funding. The strategic plan shall include strategies for providing public access to conserved lands wherever feasible and be consistent with project goals and objectives.
5887.03.Conservancies, in expending the funding available under this article, shall endeavor, where practical, to partner with cities, counties, nonprofit organizations, and nongovernmental organizations to acquire open space and create urban greenway corridors.
8.Ocean, Bay, and Coastal Protection5888.The sum of two hundred eighty million dollars ($280,000,000) shall be available in accordance with this article.
5888.The sum of5888.02.Of the amount authorized under Section 5888, one hundred eighty million dollars ($180,000,000) shall be available, upon appropriation by the Legislature, to fund projects that enhance and protect coastal and ocean resources in the state as follows:
(a)The sum of forty-five million dollars ($45,000,000) shall be available for deposit into the California Ocean Protection Trust Fund for grants consistent with Section 35650. Priority shall be given to projects that conserve, protect, and restore marine wildlife and healthy ocean and coastal ecosystems with a focus on the states system of marine protected areas and sustainable fisheries.
(b)The sum of forty million dollars ($40,000,000) shall be available to the San Francisco Bay Area Conservancy Program (Chapter 4.5 (commencing with Section 31160) of Division 21).
(c)The sum of ninety-five million dollars ($95,000,000) shall be available to the State Coastal Conservancy for the protection of beaches, bays, and coastal watershed resources, including the acquisition of fee title or conservation easements of land in or adjacent to the California coastal zone with open-space, recreational, biological, cultural, scenic, or agricultural values, or any combination thereof, or land adjacent to marine protected areas, including marine conservation areas, whose preservation will contribute to the ecological quality of the marine protected areas, and including the protection of coastal agricultural resources pursuant to Section 31150 and projects to complete the California Coastal Trail pursuant to Section 31408.
(d)In implementing this section, the administering entity may give special consideration to the acquisition of lands that are in deferred certification areas of county local coastal plans.
5888.02.In implementing Section 5888, the administering entity may give special consideration to the acquisition of lands that are in deferred certification areas of county local coastal plans.5888.03.The sum of Of the amount authorized under Section 5888, one hundred million dollars ($100,000,000) shall be available, upon appropriation by the Legislature, to the Natural Resources Agency to fund projects that improve existing or develop new lower-cost lower cost accommodations on coastal public lands and coastal lands owned or operated by nonprofit organizations, including, but not limited to, state, regional, and local parks, conservancies, and lands held by harbor or open-space districts.
9.Climate Preparedness, Habitat Resiliency, Resource Enhancement, and Innovation5889.(a)The sum of six hundred thirty-five million dollars ($600,000,000) ($635,000,000) shall be available, upon appropriation by the Legislature, to plan, develop, and implement climate adaptation and resiliency projects that improve a communitys ability to adapt to the unavoidable impacts of climate change. Projects shall improve and protect coastal and rural economies, agricultural viability, wildlife corridors, or habitat, develop future recreational opportunities, or enhance drought tolerance and water retention, in accordance with the following schedule: this article.
(a)(1) Four hundred million dollars ($400,000,000) shall be available to the Wildlife Conservation Board for grants for any of the following:(A)Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space, including projects to improve connectivity and reduce barriers between habitat areas. In awarding grants pursuant to this subparagraph, priority may be given to projects that protect state-designated wildlife corridors and wildlife corridors threatened by urban development.(B)Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that promote the recovery of threatened and endangered species.(C)Projects to improve climate adaptation and resilience of natural systems.(D)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.(E)Projects to restore rivers and streams in support of fisheries and wildlife, including, but not limited to, reconnection of rivers with their flood plains, riparian and side-channel habitat restoration, and restoration and protection of upper watershed forests and meadow systems that are important for fish and wildlife resources and projects that are consistent with the purposes of subdivision (f) of Section 79738 of the Water Code. Priority shall be given to projects supported by multistakeholder public or private partnerships, or both, using a science-based approach and measurable objectives to guide identification, design, and implementation of regional actions to benefit salmon and steelhead.(F)In implementing this subdivision, the Wildlife Conservation Board may provide matching grants for incentives to landowners for conservation actions on private lands or use of voluntary habitat credit exchange mechanisms. The matching grant shall not exceed 50 percent of the total cost of the incentive program.(2)Applications submitted pursuant to this subdivision that promote projects seeking to preserve the working character of lands, including uninterrupted agricultural and rangeland practices, through conservation easements, may be given additional consideration.(3)Of the amount subject to this subdivision, fifty-five million dollars ($55,000,000) shall be available for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that furthers the implementation of natural community conservation plans adopted pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code) to help resolve resource conflicts by balancing communitywide conservation, planning, and economic activities. Funding pursuant to this paragraph shall not be used to offset mitigation obligations otherwise required.(4)Of the amount subject to this subdivision, five million dollars ($5,000,000) shall be administered through the Department of Fish and Wildlife for competitive grants to wildlife rehabilitation facilities operated by nongovernmental entities.(5)Of the amount subject to this subdivision, not less than forty million dollars ($40,000,000) shall be available for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space to improve connectivity and reduce barriers between habitat areas and to protect and restore habitat associated with the Pacific Flyway. In awarding grants pursuant to this paragraph, priority may be given to projects that protect state-designated wildlife corridors. Of the amount described in this paragraph, five million dollars ($5,000,000) shall be available for the California Waterfowl Habitat Program.(6)The Wildlife Conservation Board shall develop or update a strategic master plan that identifies priorities and specific criteria for selecting projects pursuant to paragraph (1).(7)Activities funded pursuant to this subdivision shall be consistent with the states climate adaptation strategy, as provided by Section 71153, and the statewide objectives provided in Section 71154.(b)The sum of thirty million dollars ($30,000,000) shall be available for deposit into the California Climate Resilience Account, established pursuant to Section 31012, for projects that assist coastal communities, including those reliant on commercial fisheries, with adaptation to climate change, including projects that address ocean acidification, sea level rise, or the protection of habitat associated with the Pacific Flyway.(c)The sum of fifty million dollars ($50,000,000) shall be available for projects that reduce fire risk, improve forest health, and provide feedstock for compost, energy, or alternative fuels facilities. Projects may include, but are not limited to, forest restoration projects that include hazardous fuel reduction, postfire watershed rehabilitation, and forest management practices that promote forest resilience to wildfire, climate change, and other disturbances. Unless otherwise specified by the Legislature, project funds shall be equally administered by the Department of Forestry and Fire Protection and by the Sierra Nevada Conservancy.(d)The sum of thirty-five million dollars ($35,000,000) shall be available to the California Conservation Corps for projects to rehabilitate or improve parks and restore watersheds, including regional and community fuel load reduction projects on public lands, and stream and river restoration projects. Not less than 50 percent of these funds shall be in the form of grants to certified local community conservation corps, as defined in Section 14507.5, including local community conservation corps that have secured certification within the last three to five years prior to the grant application date.(e)The sum of ten million dollars ($10,000,000) shall be available for projects that improve agricultural and open-space soil health, to improve carbon soil sequestration, erosion control, water quality, and water retention, which may in part be allocated to the Department of Conservation for watershed restoration and conservation projects on agricultural lands pursuant to Section 9084.(f)(1)The sum of seventy-five million dollars ($75,000,000) shall be available to the Natural Resources Agency to award funding to projects identified by local agencies, nonprofit organizations, nongovernmental land conservation organizations, federally recognized Native American tribes, or nonfederally recognized California Native American tribes listed on the California Tribal Consultation list maintained by the Native American Heritage Commission, as follows:(A)Projects that involve the restoration, protection, and acquisition of Native American, natural, cultural, and historic resources within the state.(B)Projects that convert and repurpose properties or parts of properties formerly operating as fossil fuel powerplants on the effective date of this chapter to create permanently protected open space, tourism, and park opportunities through fee title or conservation easements.(C)Projects that enhance park, water, and natural resource values through improved recreation, tourism, and natural resource investments in those areas of the state not within the jurisdiction of a state conservancy or areas served by public-private landscape level collaboratives. (D)Projects that enhance visitor experiences through development, expansion, and improvement of science centers operated by foundations or other nonprofit organizations in heavily urbanized counties.(2)Before a grant is awarded pursuant to this subdivision, a project applicant shall demonstrate availability to the applicant of a minimum 20-percent match from other funds. Project applicants shall be encouraged to leverage all available local, federal, and nongovernmental sources to maximize funding distribution.(b)In implementing this section, the administering entity may give special consideration to the acquisition of lands that are in deferred certification areas of county local coastal plans.
5889.02.In implementing Section 5889, the administering entity may give special consideration to the acquisition of lands that are in deferred certification areas of county local coastal plans.5889.02.(a)Of the amount available pursuant to Section 5889, four hundred million dollars ($400,000,000) shall be available to the Wildlife Conservation Board for grants for any of the following, in accordance with subdivision (c):
(1)Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space, including projects to improve connectivity and reduce barriers between habitat areas. In awarding grants pursuant to this paragraph, priority may be given to projects that protect state-designated wildlife corridors and wildlife corridors threatened by urban development.
(2)Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that promote the recovery of threatened and endangered species.
(3)Projects to improve climate adaptation and resilience of natural systems.
(4)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.
(5)Projects to restore rivers and streams in support of fisheries and wildlife, including, but not limited to, reconnection of rivers with their flood plains, riparian and side-channel habitat restoration, and restoration and protection of upper watershed forests and meadow systems that are important for fish and wildlife resources and projects that are consistent with the purposes of subdivision (f) of Section 79738 of the Water Code. Priority shall be given to projects supported by multistakeholder public or private partnerships, or both, using a science-based approach and measurable objectives to guide identification, design, and implementation of regional actions to benefit salmon and steelhead.
(6)Projects in wildlife areas pertaining directly to providing pupils in kindergarten or any of grades 1 to 12, inclusive, with environmental educational experiences, public outreach and education, and wildlife viewing activities. Eligible projects shall include public access enhancements, wildlife viewing platforms, pedestrian walkways, interpretive and directional signage, and visitor outreach stations. Priority under this paragraph shall be given to public-private partnerships that are consistent with land management plans for wildlife areas, as determined by the Department of Fish and Wildlife.
(b)(1)The Wildlife Conservation Board shall develop or update a strategic master plan that identifies priorities and specific criteria for selecting projects pursuant to subdivision (a).
(2)Activities funded pursuant to this section shall be consistent with the states climate adaptation strategy, as provided by Section 71153, and the statewide objectives provided in Section 71154.
(3)In implementing this section, the Wildlife Conservation Board may provide matching grants for incentives to landowners for conservation actions on private lands or use of voluntary habitat credit exchange mechanisms. The matching grant shall not exceed 50 percent of the total cost of the incentive program.
(4)Applications submitted pursuant to this section that promote projects seeking to preserve the working character of lands, including uninterrupted agricultural and rangeland practices, through conservation easements, may be given additional consideration.
(c)Moneys described in subdivision (a) shall be available as follows:
(1)Fifty-five million dollars ($55,000,000) for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that furthers the implementation of natural community conservation plans adopted pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code) to help resolve resource conflicts by balancing communitywide conservation, planning, and economic activities. Funding pursuant to this paragraph shall not be used to offset mitigation obligations otherwise required.
(2)Ten million dollars ($10,000,000) shall be administered through the Department of Fish and Wildlife for competitive grants to wildlife rehabilitation facilities operated by nongovernmental entities.
(3)Not less than forty million dollars ($40,000,000) for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space to improve connectivity and reduce barriers between habitat areas and to protect and restore habitat associated with the Pacific Flyway. In awarding grants pursuant to this paragraph, priority may be given to projects that protect state-designated wildlife corridors. Of the amount described in this paragraph, five million dollars ($5,000,000) shall be available for the California Waterfowl Habitat Program.
5889.04.(a)Of the amount available pursuant to Section 5889, forty million dollars ($40,000,000) shall be available for deposit into the California Climate Resilience Account, established pursuant to Section 31012, for projects that assist coastal communities, including those reliant on commercial fisheries, with adaptation to climate change, including projects that address ocean acidification, or sea level rise.
(b)Of the amount available under this section, eight million dollars ($8,000,000) shall be available to the State Coastal Conservancy to fund a conservation program within West Coyote Hills if that program is established by Senate Bill 714 of the 201718 Regular Session or other legislation.
5889.06.Of the amount made available pursuant to Section 5889, fifty million dollars ($50,000,000) shall be available equally to the Department of Forestry and Fire Protection and the Sierra Nevada Conservancy for projects that provide ecological restoration of forests. Projects may include, but are not limited to, forest restoration activities that include hazardous fuel reduction, postfire watershed rehabilitation, prescribed or managed burns, acquisition of forest conservation easements or fee interests, and forest management practices that promote forest resilience to severe wildfire, climate change, and other disturbances.
5889.08.Of the amount available pursuant to Section 5889, thirty-five million dollars ($35,000,000) shall be available to the California Conservation Corps for projects to rehabilitate or improve parks and restore watersheds, including regional and community fuel load reduction projects on public lands, and stream and river restoration projects. Not less than 50 percent of these funds shall be in the form of grants to certified local community conservation corps, as defined in Section 14507.5, including local community conservation corps that have secured certification within the last three to five years prior to the grant application date.
5889.10.Of the amount available pursuant to Section 5889, ten million dollars ($10,000,000) shall be available for projects that improve agricultural and open-space soil health, to improve carbon soil sequestration, erosion control, water quality, and water retention, which may in part be allocated to the Department of Conservation for watershed restoration and conservation projects on agricultural lands pursuant to Section 9084.
5889.12.(a)Of the amount available pursuant to Section 5889, one hundred million dollars ($100,000,000) shall be available to the Natural Resources Agency to award funding to projects identified by local agencies, nonprofit organizations, nongovernmental land conservation organizations, federally recognized Native American tribes, or nonfederally recognized California Native American tribes listed on the California Tribal Consultation list maintained by the Native American Heritage Commission, as follows:
(1)Projects that involve the restoration, protection, and acquisition of Native American, natural, cultural, and historic resources within the state.
(2)Projects that convert and repurpose properties or parts of properties formerly operating as fossil fuel powerplants on the effective date of this chapter to create permanently protected open space, tourism, and park opportunities through fee title or conservation easements and open-space projects that convert and repurpose properties or parts of properties formerly operating as oil and gas fields or brownfields on the effective date of this chapter to create permanently protected open-space, tourism, and park opportunities through fee title or conversion easements.
(3)Projects that enhance park, water, and natural resource values through improved recreation, tourism, and natural resource investments in those areas of the state not within the jurisdiction of a state conservancy or areas served by public-private landscape level collaboratives.
(4)Projects that enhance visitor experiences through development, expansion, and improvement of science centers operated by foundations or other nonprofit organizations in heavily urbanized counties.
(5)Projects that convert water intensive recreational facilities into natural, low-impact, passive park or open-space lands for recreational and habitat benefit.
(6)Projects that promote all-inclusive play through the funding of Americans with Disabilities Act compliant playground equipment.
(b)Before a grant is awarded pursuant to this section, a project applicant shall demonstrate availability to the applicant of a minimum 20-percent match from other funds. Project applicants shall be encouraged to leverage all available local, federal, and nongovernmental sources to maximize funding distribution.
(c)Of the amount allotted under this section, not less than twenty-five million dollars ($25,000,000) shall be made available for projects that convert and repurpose brownfield sites and that provide low-income, underserved communities in high density neighborhoods access to recreation, and enhance and restore natural areas or habitat.
10.Fiscal Provisions5891.(a)Bonds in the total amount of three billion one hundred five million dollars ($3,105,000,000), four hundred seventy million dollars ($3,470,000,000) not including the amount of any refunding bonds issued in accordance with Section 5891.12, 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 the 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.
5891.01.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.
5891.02.(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 California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Finance Committee is hereby created. For purposes of this chapter, the California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Finance Committee is the committee as that term is used in the State General Obligation Bond Law.
(b)The committee consists of the Director of Finance, the Treasurer, and the Controller. 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 Treasurer shall serve as the chairperson of the committee.
(d)A majority of the committee may act for the committee.
5891.03.The committee shall determine whether or not it is necessary or desirable to issue bonds authorized by 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.
5891.04.For purposes of the State General Obligation Bond Law, board, as defined in Section 16722 of the Government Code, means the Secretary of the Natural Resources Agency.
5891.05.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.
5891.06.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 5891.09, appropriated without regard to fiscal years.
5891.07.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 5891.09. 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.
5891.08.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.
5891.09.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 5891.07. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter.
5891.10.All moneys deposited in the fund that are 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 premiums may be reserved and used to pay the cost of bond issuance prior to any transfer to the General Fund.
5891.11.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 premiums, 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.
5891.12.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.
5891.13.The proceeds from the sale of bonds authorized by this chapter are not proceeds of taxes as that term is used in Article XIIIB of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article.
SEC. 2.The Secretary of State shall submit Section 1 of this act to the voters at the June 5, 2018, statewide direct primary election.
SEC. 3.Section 1 of this act shall take effect upon approval by the voters of the California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, as set forth in Section 1 of this act.
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 fund a California clean water, climate, coastal protection, and outdoor access for all program at the earliest possible date, it is necessary that this act take effect immediately.
(a)The people of California find and declare all of the following:
(1)From Californias beautiful rivers, streams, coastal shorelines, and other waterways, to our federal, state, local, and regional parks and outdoor settings, to our vast network of trails connecting people with natural landscapes, Californians value the diversity of outdoor experiences afforded to this state and its citizens.
(2)Demand for local parks has exceeded available funding by a factor of 8 to 1, with particularly high demand in urban, disadvantaged communities.
(3)Many Californians across the state lack access to safe parks, trails, and recreation areas, which limits their ability to experience the outdoors, improve their physical and emotional health, exercise, and connect with their communities.
(4)Investments to create new and improve existing parks and recreation areas, and to create trail networks that provide access from neighborhoods to parks and recreational opportunities, will help ensure all Californians have access to safe places to exercise and enjoy recreational activities.
(5)The California Center for Public Health Advocacy estimates that inactivity and obesity cost California over forty billion dollars ($40,000,000,000) annually, through increased health care costs and lost productivity due to obesity-related illnesses, and that even modest increases in physical activity would result in significant savings. Investments in infrastructure improvements such as biking and walking trails and pathways and water quality and supply, whether in urban or natural areas, are cost-effective ways to promote physical activity.
(6)Continued investments in the states parks, trails, and natural resources, and greening urban areas will help mitigate the effects of climate change, making cities more livable, and will protect Californias natural resources for future generations.
(7)Californias outdoor recreation economy represents an eighty-seven-billion-dollar ($87,000,000,000) industry, providing over 700,000 jobs and billions of dollars in local and state revenues.
(8)Californias state, local, and regional park system infrastructure and national park system infrastructure are aging, and a significant infusion of capital is required to protect this investment.
(9)There has been a historic underinvestment in parks, trails, and outdoor infrastructure in disadvantaged areas and many communities throughout California.
(10)Tourism is a growing industry in California and remains an economic driver for the more rural parts of the state.
(b)It is the intent of the people of California that all of the following shall occur in the implementation of this chapter:
(1)The investment of public funds pursuant to this chapter will result in public benefits that address the most critical statewide needs and priorities for public funding.
(2)In the appropriation and expenditure of funding authorized by this chapter, priority will be given to projects that leverage private, federal, or local funding or produce the greatest public benefit.
(3)To the extent practicable, a project that receives moneys pursuant to this chapter will include signage informing the public that the project received funds from the California Clean Water, Climate, and Coastal Protection Protection, and Outdoor Access For All Act of 2018.
(4)To the extent practicable, when developing program guidelines for urban recreation projects and habitat protection or restoration projects, administering entities are encouraged to give favorable consideration to projects that provide urban recreation and protect or restore natural resources. Additionally, the entities may pool funding for these projects.
(5)To the extent practicable, a project in a disadvantaged community that receives money pursuant to this chapter will provide workforce education, training, and quality job opportunities.
5880.01.The following definitions govern the construction of this chapter:
(a)Committee means the California Clean Water, Climate, Coastal Protection Protection, and Outdoor Access For All Finance Committee created by Section 5891.02.
(b)Conservation actions on private lands means projects with willing landowners that involve the adaptive flexible management of natural resources in response to changing conditions and threats to habitat and wildlife and that result in habitat conditions on private lands that, when managed dynamically over time, contribute to the long-term health and resiliency of vital ecosystems and enhance wildlife populations.
(c)Department means the Department of Parks and Recreation.
(d)Disadvantaged community has the same meaning as set forth in subdivision (g) of Section 75005.
(e)Fund means the California Clean Water, Climate, and Coastal Protection Protection, and Outdoor Access For All Fund, created by Section 5880.085.
(f)Heavily urbanized city means a city with a population of 300,000 or more.
(g)Heavily urbanized county means a county with a population of 3,000,000 or more.
(h)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 skilled specialist.
(i)Nonprofit organization means a nonprofit corporation 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, 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, cultural, and historic 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, 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 improvement to increase the natural system value of the property. Restoration projects shall include the planning, monitoring, and reporting necessary to ensure successful implementation of the project objectives.
(m)Severely disadvantaged community means a community with a median household income less than 60 percent of the statewide average.
5880.02.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.
5880.03.(a)Except as provided in subdivision (b), up to 12.5 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. Planning may include feasibility studies for environmental site cleanup that would further the purpose of a project that is eligible for funding under this chapter.
(b)Funds used for planning projects that benefit disadvantaged communities may exceed 12.5 percent of the funds allocated if the state agency administering the moneys determines that there is a need for the additional funding.
5880.04.(a) (1)Except as provided in paragraph (2), at least 20 percent of the funds available pursuant to each article of this chapter shall be allocated for projects serving severely disadvantaged communities.
(2)At least 15 percent of the funds available pursuant to Article 8 (commencing with Section 5888) and Article 9 (commencing with Section 5889) shall be allocated for projects serving severely disadvantaged communities.
(b)Except as provided in subdivision (c), up to 10 percent of the funds available pursuant to each article of this chapter may be allocated for technical assistance to disadvantaged communities. The agency administering the moneys shall operate a multidisciplinary technical assistance program for disadvantaged communities.
(c)Funds used for providing technical assistance to disadvantaged communities may exceed 10 percent of the funds allocated if the state agency administering the moneys determines that there is a need for the additional funding.
5880.05.Before disbursing grants pursuant to this chapter, each state agency that receives funding to administer a competitive grant program under this chapter shall do the following:
(a)(1)Develop and adopt project solicitation and evaluation guidelines. The guidelines shall include monitoring and reporting requirements and may include a limitation on the dollar amount of grants to be awarded. If the state agency has previously developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this subdivision, it may use those guidelines.
(2)Guidelines adopted pursuant to this subdivision shall encourage, where feasible, inclusion of the following project components:
(A)Efficient use and conservation of water supplies.
(B)Use of recycled water.
(C)The capture of stormwater to reduce stormwater runoff, reduce water pollution, or recharge groundwater supplies, or a combination thereof.
(D)Provision of safe and reliable drinking water supplies to park and open-space visitors.
(b)Conduct three public meetings to consider public comments before finalizing the guidelines. The state agency shall publish the draft solicitation and evaluation guidelines on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California.
(c)Submit the guidelines to the Secretary of the Natural Resources Agency. The Secretary of the Natural Resources Agency shall verify that the guidelines are consistent with applicable statutes and for all the purposes enumerated in this chapter. The Secretary of the Natural Resources Agency shall post an electronic form of the guidelines submitted by state agencies and the subsequent verifications on the Natural Resources Agencys Internet Web site.
(d)Upon adoption, transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature.
5880.06.(a)The Department of Finance shall provide for an independent audit of expenditures pursuant to this chapter. The Secretary of the Natural Resources Agency shall publish a list of all program and project expenditures pursuant to this chapter not less than annually, in written form, and shall post an electronic form of the list on the agencys Internet Web site in a downloadable spreadsheet format. The spreadsheet shall include information about the location and footprint of each funded project, the projects objectives, the status of the project, anticipated outcomes, any matching moneys provided for the project by the grant recipient, and the applicable article of this chapter pursuant to which the grant recipient received moneys.
(b)If an audit, required by statute, of any entity that receives funding authorized by this chapter is conducted pursuant to state law and reveals any impropriety, the California State Auditor or the Controller may conduct a full audit of any or all of the activities of that entity.
(c)The state agency issuing any grant with funding authorized by this chapter shall require adequate reporting of the expenditures of the funding from the grant.
5880.065.If any moneys allocated pursuant to this chapter are not encumbered or expended by the recipient entity within the time period specified by the administering agency, the unexpended moneys shall revert to the administering entity for allocation consistent with the applicable article.
5880.07.To the extent feasible, a project whose application includes the use of services of the California Conservation Corps, certified community conservation corps, as defined in Section 14507.5, or other nonprofit entities that provide job training and education opportunities for veterans, foster care recipients, farmworkers, or local youth in conservation or restoration projects shall be given preference for receipt of a grant under this chapter.
5880.075.To the extent feasible, a project that includes water efficiencies, stormwater capture, or carbon sequestration features in the project design may be given priority for grant funding under this chapter.
5880.076.Moneys allocated pursuant to this chapter shall not be used to fulfill any mitigation requirements imposed by law.
5880.077.(a)To the extent feasible in implementing this chapter and except as provided in subdivision (b), a state agency receiving funding under this chapter shall seek to achieve wildlife conservation objectives through projects on public lands or voluntary projects on private lands. Funds may be used 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.
(b)This section shall not apply to Article 2 (commencing with Section 5881), Article 3 (commencing with Section 5882), Article 5 (commencing with Section 5884), or Article 6 (commencing with Section 5885).
5880.078.A state agency that receives funding to administer a grant program under this chapter shall report to the Legislature by January 1, 2027, on its expenditures pursuant to this chapter and the public benefits received from those expenditures.
5880.080.A state conservancy receiving funding pursuant to this article shall endeavor to allocate funds that are complementary, but not duplicative, of authorized expenditures made pursuant to Chapter 188 of the Statutes of 2014.
5880.082.Funding pursuant to this chapter may be used for grants and loans to nonprofit organizations to repay financing described in Section 22064 of the Financial Code for projects that are consistent with the purposes of this chapter.
5880.084.For grants awarded for projects that serve a disadvantaged community, the administering entity shall provide advanced payments in the amount of 25 percent of the grant award to the recipient to initiate the project in a timely manner. The administering entity may adopt additional requirements for the recipient of the grant regarding the use of the advanced payments to ensure that the moneys are used properly.
5880.085.The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the California Clean Water, Climate, and Coastal Protection Protection, and Outdoor Access For All Fund, which is hereby created in the State Treasury.
5880.09.The Legislature may enact legislation necessary to implement programs funded by this chapter.
2.Investments in Environmental and Social Equity, Enhancing Californias Disadvantaged Communities5881.(a)The sum of nine hundred million dollars ($900,000,000) shall be available to the department, upon appropriation by the Legislature, for the creation and expansion of safe neighborhood parks in park-poor neighborhoods in accordance with the Statewide Park Development and Community Revitalization Act of 2008 competitive grant program described in Chapter 3.3 (commencing with Section 5640).
(b)When developing or revising criteria or guidelines for the grant program, the department may give additional consideration to projects that incorporate stormwater capture and storage or otherwise reduce stormwater pollution. The department shall perform its due diligence by conducting a rigorous prequalification process to determine the fiscal and operational capacity and ability of a potential grant recipient to do both of the following:
(1)Manage a project to maximize public benefit in perpetuity.
(2)Implement the project in a timely manner.
5881.01.Of the amount available pursuant to subdivision (a) of Section 5881, not less than 20 percent shall be available for the rehabilitation, repurposing, or substantial improvement of existing park infrastructure in communities of the state that will lead to increased use and enhanced user experiences.
5881.02.Of the amount available pursuant to subdivision (a) of Section 5881, to correct historic underinvestments in the central valley, Inland Empire, gateway, and desert communities, the sum of forty million dollars ($40,000,000) shall be available for local park improvement grants to the communities identified by the department as park deficient within those areas for active recreational projects, including aquatic centers, to encourage youth health, fitness, and recreational pursuits. Projects that include the donation of land, materials, or volunteer services and that demonstrate collaborations of multiple entities and the leveraging of scarce resources may be given consideration. Entities that receive a grant under this section may also be eligible to receive a grant other grants under subdivision (a) of Section 5881.
3.Investments in Protecting, Enhancing, and Accessing Californias Local and Regional Outdoor Spaces5882.For purposes of this article, district means any regional park district, regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3, any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780), or any authority formed pursuant to Division 26 (commencing with Section 35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, district also means any other entity, including, but not limited to, a district operating multiple-use parklands pursuant to Division 20 (commencing with Section 71000) of the Water Code, that is authorized by statute to operate and manage parks or recreational areas or facilities, employs a full-time park and recreation director, offers year-round park and recreation services on land and facilities owned by the entity, and allocates a substantial portion of its annual operating budget to parks or recreation areas or facilities.
5882.01.(a)The sum of four hundred twenty-five million dollars ($425,000,000) shall be available to the department, upon appropriation by the Legislature, for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients shall be encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors.
(b)
Unless the entity has been identified as a disadvantaged community, an entity that receives an award pursuant to this section shall be required to provide a match of 20 percent as a local share.
5882.02.(a)(1)The department shall allocate 60 percent of the funds available pursuant to subdivision (a) of Section 5882.01 to cities and districts, other than a regional park district, regional park and open-space district, open-space authority, or regional open-space district. Each citys and districts allocation shall be in the same ratio as the citys or districts population is to the combined total of the states population that is included in incorporated and unincorporated areas within the county, except that each city or district shall be entitled to a minimum allocation of two hundred thousand dollars ($200,000). If the boundary of a city overlaps the boundary of a district, the population in the overlapping area shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. If the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds for that area shall be allocated to the district.
(2)On or before April 1, 2020, a city and a district that are subject to paragraph (1), and whose boundaries overlap, shall collaboratively develop and submit to the department a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1). If, by that date, the plan has not been developed and submitted to the department, the director shall determine the allocation of the grant funds between the affected jurisdictions.
(b)(1)The department shall allocate 40 percent of the funds available pursuant to subdivision (a) of Section 5882.01 to counties and regional park districts, regional park and open-space districts, open-space authorities formed pursuant to Division 26 (commencing with Section 35100), and regional open-space districts formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3.
(2)Each countys allocation under paragraph (1) shall be in the same ratio that the countys population is to the total state population, except that each county shall be entitled to a minimum allocation of four hundred thousand dollars ($400,000).
(3)In any county that embraces all or part of the territory of a regional park district, regional park and open-space district, open-space authority, or regional open-space district, and whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district.
(c)For the purpose of making the calculations required by this section, population shall be determined by the department, in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other verifiable population data that the department may require to be furnished by the applicant city, county, or district.
(d)The Legislature intends all recipients of funds pursuant to subdivision (a) of Section 5882.01 to use those funds to supplement local revenues in existence on the effective date of the act adding this chapter. To receive an allocation pursuant to subdivision (a) of Section 5882.01, the recipient shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this chapter in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but that is not available on an ongoing basis, shall not be considered when calculating a recipients annual expenditures. For purposes of this subdivision, the Controller may request fiscal data from recipients for the preceding three fiscal years. Each recipient shall furnish the data to the Controller no later than 120 days after receiving the request from the Controller.
5882.04.(a)The director of the department shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to subdivision (a) of Section 5882.01. The application shall be accompanied by certification that the project is consistent with the park and recreation element of the applicable city or county general plan or the district park recreation plan, as the case may be.
(b)To utilize available grant funds as effectively as possible, overlapping and adjoining jurisdictions and applicants with similar objectives are encouraged to combine projects and submit a joint application. A recipient may allocate all or a portion of its per capita share for a regional or state project.
5882.06.(a)The sum of one hundred ten million dollars ($110,000,000) shall be available to the department, upon appropriation by the Legislature, for grants to regional park districts, counties, regional open-space districts, open-space authorities formed pursuant to Division 26 (commencing with Section 35100), and eligible nonprofit organizations on a competitive grant basis to create, expand, improve, rehabilitate, or restore parks and park facilities, including, but not limited to, trails, regional trail networks, regional sports complexes, low-cost accommodations in park facilities, and visitor, outdoor, and interpretative facilities serving youth and communities of color.
(b)In awarding moneys, the department shall encourage applicants seeking funds for acquisition projects to perform projects in conjunction with new or enhanced public-use public use and public-access public access opportunities.
(c)Preference may be given to multiuse trail projects over single-use trail projects.
5882.08.The sum of five million dollars ($5,000,000) shall be available to the department for grants, awarded proportionally based on populations served, to local agencies that have obtained local voter approval between November 1, 2012, through November 30, 2018, inclusive, for revenue enhancement measures aimed at improving and enhancing local or regional park infrastructure. A recipient of a grant under this section shall receive at least two hundred fifty thousand dollars ($250,000) for the purposes of the revenue enhancement measure.
5882.10.(a)The director of the department shall annually forward a statement of the total amount to be appropriated each fiscal year for projects approved for grants pursuant to this article to the Director of Finance for inclusion in the annual Budget Act. A list of eligible jurisdictions and the amount of grant funds to be allocated to each jurisdiction shall also be made available by the department.
(b)Funds appropriated pursuant to this article shall be encumbered by the recipient within three years from the date the appropriation is effective. Regardless of the date of encumbrance of the granted funds, the recipient is expected to complete all funded projects within eight years of the effective date of the appropriation.
4.Restoring Californias Natural, Historic, and Cultural Legacy5883.(a)The sum of three hundred thirty million dollars ($330,000,000) shall be available to the department, upon appropriation by the Legislature, for restoration and preservation of existing state park facilities and units, to promote greater access to those units through the provision of low-cost overnight accommodations in ways that enhance access and recreational opportunities for disadvantaged communities, to preserve and increase public access to those facilities and units, and to protect the natural, cultural, and historic resources of those facilities and units. Not less than 80 percent of these funds shall be available for capital improvements that address the departments backlog of deferred maintenance or that enhance park access and user experiences.
(b)Of the amount available pursuant to subdivision (a), the sum of fifteen million dollars ($15,000,000) shall be available for enterprise projects that facilitate new or enhanced park use and user experiences and increase revenue generation to support operations of the department.
(c)Of the amount available pursuant to subdivision (a), the sum of fifteen million dollars ($15,000,000) shall be available to the department for grants to local agencies that operate a unit of the state park system to address an urgent need for the restoration of aging infrastructure that, without restoration, would compromise the continued operation of the unit. Unless a local agency has been identified as a disadvantaged community, a local agency that receives a grant pursuant to this subdivision shall be required to provide a match of not less than 25 percent.
5883.01.The department, in expending the funding available under this article, shall endeavor, where practical, to partner with cities, counties, nonprofit organizations, and nongovernmental organizations to maximize leveraging opportunities to enhance tourism, visitation, and visitor experiences.
5.Trails and Greenway Investment5884.(a)The sum of forty-five million dollars ($45,000,000) shall be available to the Natural Resources Agency, working in cooperation with the department, upon appropriation by the Legislature, for competitive grants to local agencies, state conservancies, federally recognized Native American tribes, nonfederally recognized California Native American tribes listed on the California Tribal Consultation List maintained by the Native American Heritage Commission, and nonprofit organizations to provide nonmotorized infrastructure development and enhancements that promote new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments to encourage health-related commuting and opportunities for Californians to reconnect with nature.
(b)Of the amount made available pursuant to this section, up to 25 percent may be made available to communities for innovative transportation programs that provide new and expanded outdoor experiences to disadvantaged youth.
(c)Alignment, development, and improvement of nonmotorized infrastructure and trails that lead to safer interconnectivity among parks, waterways, and natural areas may be encouraged.
(d)The Natural Resources Agency is encouraged, when designing guidelines for grants awarded under this article, to utilize existing program guidelines, including, if applicable, guidelines that have been established for the California Recreational Trails Act (Article 6 (commencing with Section 5070) of Chapter 1) and, to the extent possible, to design guidelines that are consistent with the California Recreational Trails Plan, as described in Article 6 (commencing with Section 5070) of Chapter 1.
5884.01.Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article shall be required to provide a match of 20 percent.
6.Rural Recreation, Tourism, and Economic Enrichment Investment5885.(a)The sum of forty million dollars ($40,000,000) shall be available to the department, upon appropriation by the Legislature, to administer a competitive grant program for cities, counties, and districts in nonurbanized areas, that are eligible for a grant under the Roberti-Zberg-Harris Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620)). Notwithstanding subdivisions (c) and (e) of Section 5621 and for the purposes of this section, the definition of nonurbanized area nonurbanized area shall be updated by the department to reflect current population levels. A nonurbanized area shall include counties with populations of less than 500,000 people. In awarding the grants, the department may consider the following factors:
(1)Whether the project would provide new recreational opportunities in rural communities that have demonstrated deficiencies and lack of outdoor infrastructure in support of economic and health-related goals.
(2)Whether the project proposes to acquire and develop lands to enhance resident recreation while promoting the quality of tourism experiences and the economic vitality of the community. These enhancements may include accessibility for individuals with disabilities, trails, bikeways, regional or destination-oriented recreational amenities, and visitor centers.
(3)Whether the project includes collaboration between public and nonprofit organizations, including, but not limited to, nonprofit land trusts, to facilitate public access to privately owned lands for regional trail development, wildlife viewing, recreation, or outdoor experiences for youth.
(b)Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article shall be required to provide a match of 20 percent.
7.California River Recreation, Creek, Stormwater, and Waterway Improvement Program5886.(a)The sum of seventy million dollars ($70,000,000) shall be available to the Natural Resources Agency, upon appropriation by the Legislature, for grants pursuant to the California River Parkways Act of 2004 (Chapter 3.8 (commencing with Section 5750)). Eligible projects shall include, but are not limited to, projects that protect and enhance urban creeks.
(1)Of the amount made available pursuant to this subdivision, not less than five million dollars ($5,000,000) shall be available for the Lower American River Conservancy Program, as described in Chapter 375 of the Statutes of 2016.
(2)Of the amount made available pursuant to this subdivision, not less than five million dollars ($5,000,000) shall be available for improvements in and along the Guadalupe River and its headwaters or contributing tributaries, including Los Gatos Creek, upon the enactment of subsequent legislation that demonstrates a comprehensive local and regional approach to restoration, public recreation, and management of the river corridor.
(3)Of the amount made available pursuant to this subdivision, five million dollars ($5,000,000) shall be available for improvements in and along the Russian River upon the enactment of subsequent legislation that provides a comprehensive regional use management plan to reduce conflict and promote cooperative public recreation, commercial activity, and habitat protection benefits.
(4)Of the amount made available pursuant to this subdivision, five million dollars ($5,000,000) shall be available to the Santa Ana River Conservancy Program pursuant to Chapter 4.6 (commencing with Section 31170) of Division 21.
(b)Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article shall be required to provide a match of 20 percent.
(c)To maximize cooperation and leverage resources, the Natural Resources Agency may give priority to projects that include partnerships among federal, state, and local agencies and to projects proposed by nonprofit organizations, including, but not limited to, nonprofit land trusts.
5886.01.The sum of ninety million dollars ($90,000,000) shall be available to the Natural Resources Agency, upon appropriation by the Legislature, for project grants for the protection and enhancement of an urban creek, as defined in subdivision (e) of Section 7048 of the Water Code, and its tributaries, pursuant to Division 22.8 (commencing with Section 32600) and Division 23 (commencing with Section 33000) of this code and Section 79508 of the Water Code. Money available pursuant to this section shall be equally divided between projects in areas described in Division 22.8 (commencing with Section 32600) and projects in areas described in Division 23 (commencing with Section 33000). Projects serving disadvantaged communities shall have priority for funding under this section.
5886.03.The sum of ten million dollars ($10,000,000) shall be available to the department, upon appropriation by the Legislature, to implement the Urban Streams Restoration Program, established pursuant to Section 7048 of the Water Code.
5886.04.The sum of thirty million dollars ($30,000,000) shall be available to the Salton Sea Authority, upon appropriation by the Legislature, for capital outlay projects that provide air quality and habitat benefits and that implement the Natural Resource Resources Agencys Salton Sea Management Program. Of this amount, not less than ten million dollars ($10,000,000) shall be available for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program, as described in Section 71103.6.
5886.05.(a)The sum of twenty-five million dollars ($25,000,000) shall be available to the Natural Resources Agency for competitive grants to cities, counties, regional park districts, park districts, regional open-space districts, open-space authorities, conservation-based nonprofit organizations, and joint powers authorities for stormwater capture projects that lead to improved or enhanced park, parkway, open-space, greenways, or green infrastructure and provide for at least two of the following benefits:
(1)Reduces flooding.
(2)Reduces water pollution.
(3)Facilitates increased recharge of groundwater or otherwise stores water for reuse.
(4)Increases or otherwise enhances habitat for fish and wildlife.
(5)Promotes adaptation and protections against sea level rise.
(6)Reduces heat island effects.
(b)In implementing this section, the Natural Resources Agency may draw from existing guidelines and provisions such as the urban greening program, as described in Section 75129 75129, as that section existed at the time this act was enacted.
5886.06.To the maximum extent feasible, the Natural Resources Agency and the department are encouraged, when developing guidelines for grants awarded under this article, to utilize existing programs through which where communities enter into partnerships with state agencies for multibenefit projects to enhance and restore waterways, including, but not limited to, the Riverine Stewardship Technical Assistance program.
7.5.State Conservancy Funding5887.The sum of one hundred forty-five million dollars ($145,000,000) shall be available, upon appropriation by the Legislature, in accordance with the following schedule, to fulfill the purposes of the specified entity:
(a)Baldwin Hills Conservancy, five million dollars ($5,000,000).
(b)California Tahoe Conservancy, twenty million dollars ($20,000,000).
(c)Coachella Valley Mountains Conservancy, ten million dollars ($10,000,000).
(d)Sacramento-San Joaquin Delta Conservancy, ten million dollars ($10,000,000).
(e)San Diego River Conservancy, fifteen million dollars ($15,000,000).
(f)San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, twenty-five million dollars ($25,000,000).
(g)San Joaquin River Conservancy, ten million dollars ($10,000,000).
(h)Santa Monica Mountains Conservancy, twenty-five million dollars ($25,000,000).
(i)Sierra Nevada Conservancy, twenty-five million dollars ($25,000,000).
5887.01.The Legislature shall strive to consider population size, land mass, and natural resource significance as factors when determining the amount of any other funds to be made available to an entity listed in Section 5887.
5887.02.A receiving entity in Section 5887 shall develop and adopt a strategic master plan that identifies priorities and specific criteria for selecting projects for funding. The strategic plan shall include strategies for providing public access to conserved lands wherever feasible and be consistent with project goals and objectives.
5887.03.Conservancies, in expending the funding available under this article, shall endeavor, where practical, to partner with cities, counties, nonprofit organizations, and nongovernmental organizations to acquire open space and create urban greenway corridors.
8.Ocean, Bay, and Coastal Protection5888.The sum of one hundred eighty million dollars ($180,000,000) shall be available, upon appropriation by the Legislature, to fund projects that enhance and protect coastal and ocean resources in the state as follows:
(a)The sum of forty-five million dollars ($45,000,000) shall be available for deposit into the California Ocean Protection Trust Fund for grants consistent with Section 35650. Priority shall be given to projects that conserve, protect, and restore marine wildlife and healthy ocean and coastal ecosystems with a focus on the states system of marine protected areas and sustainable fisheries.
(b)The sum of forty million dollars ($40,000,000) shall be available to the San Francisco Bay Area Conservancy Program (Chapter 4.5 (commencing with Section 31160) of Division 21).
(c)The sum of ninety-five million dollars ($95,000,000) 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.
5888.02.In implementing Section 5888, the administering entity may give special consideration to the acquisition of lands that are in deferred certification areas of county local coastal plans.
5888.03.The sum of one hundred million dollars ($100,000,000) shall be available, upon appropriation by the Legislature, to the Natural Resources Agency to fund projects that improve existing or develop new lower-cost accommodations on coastal public lands and coastal lands owned or operated by nonprofit organizations, including, but not limited to, state, regional, and local parks, conservancies, and lands held by harbor or open-space districts.
9.Climate Preparedness, Habitat Resiliency, Resource Enhancement, and Innovation5889.The sum of six hundred million dollars ($600,000,000) shall be available, upon appropriation by the Legislature, to plan, develop, and implement climate adaptation and resiliency projects that improve a communitys ability to adapt to the unavoidable impacts of climate change. Projects shall improve and protect coastal and rural economies, agricultural viability, wildlife corridors, or habitat, develop future recreational opportunities, or enhance drought tolerance and water retention, in accordance with the following schedule:
(a)(1) Four hundred million dollars ($400,000,000) shall be available to the Wildlife Conservation Board for grants for any of the following:
(A)Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space, including projects to improve connectivity and reduce barriers between habitat areas. In awarding grants pursuant to this subparagraph, priority may be given to projects that protect state-designated wildlife corridors and wildlife corridors threatened by urban development.
(B)Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that promote the recovery of threatened and endangered species.
(C)Projects to improve climate adaptation and resilience of natural systems.
(D)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.
(E)Projects to restore rivers and streams in support of fisheries and wildlife, including, but not limited to, reconnection of rivers with their flood plains, riparian and side-channel habitat restoration, and restoration and protection of upper watershed forests and meadow systems that are important for fish and wildlife resources and projects that are consistent with the purposes of subdivision (f) of Section 79738 of the Water Code. Priority shall be given to projects supported by multistakeholder public or private partnerships, or both, using a science-based approach and measurable objectives to guide identification, design, and implementation of regional actions to benefit salmon and steelhead.
(F)In implementing this subdivision, the Wildlife Conservation Board may provide matching grants for incentives to landowners for conservation actions on private lands or use of voluntary habitat credit exchange mechanisms. The matching grant shall not exceed 50 percent of the total cost of the incentive program.
(2)Applications submitted pursuant to this subdivision that promote projects seeking to preserve the working character of lands, including uninterrupted agricultural and rangeland practices, through conservation easements, may be given additional consideration.
(3)Of the amount subject to this subdivision, fifty-five million dollars ($55,000,000) shall be available for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that furthers the implementation of natural community conservation plans adopted pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), Code) to help resolve resource conflicts by balancing communitywide conservation, planning, and economic activities. Funding pursuant to this paragraph shall not be used to offset mitigation obligations otherwise required.
(4)Of the amount subject to this subdivision, five million dollars ($5,000,000) shall be administered through the Department of Fish and Wildlife for competitive grants to wildlife rehabilitation facilities operated by nongovernmental entities.
(5)Of the amount subject to this subdivision, not less than forty million dollars ($40,000,000) shall be available for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space to improve connectivity and reduce barriers between habitat areas and to protect and restore habitat associated with the Pacific Flyway. In awarding grants pursuant to this paragraph, priority may be given to projects that protect state-designated wildlife corridors. Of the amount described in this paragraph, five million dollars ($5,000,000) shall be available for the California Waterfowl Habitat Program.
(6)The Wildlife Conservation Board shall develop or update a strategic master plan that identifies priorities and specific criteria for selecting projects pursuant to paragraph (1).
(7)Activities funded pursuant to this subdivision shall be consistent with the states climate adaptation strategy, as provided by Section 71153, and the statewide objectives provided in Section 71154.
(b)The sum of thirty million dollars ($30,000,000) shall be available for deposit into the California Climate Resilience Account, established pursuant to Section 31012, for projects that assist coastal communities, including those reliant on commercial fisheries, with adaptation to climate change, including projects that address ocean acidification, sea level rise, or the protection of habitat associated with the Pacific Flyway.
(c)The sum of fifty million dollars ($50,000,000) shall be available for projects that reduce fire risk, improve forest health, and provide feedstock for compost, energy, or alternative fuels facilities. Projects may include, but are not limited to, forest restoration projects that include hazardous fuel reduction, postfire watershed rehabilitation, and forest management practices that promote forest resilience to wildfire, climate change, and other disturbances. Unless otherwise specified by the Legislature, project funds shall be equally administered by the Department of Forestry and Fire Protection and by the Sierra Nevada Conservancy.
(d)The sum of thirty-five million dollars ($35,000,000) shall be available to the California Conservation Corps for projects to rehabilitate or improve parks and restore watersheds, including regional and community fuel load reduction projects on public lands, and stream and river restoration projects. Not less than 50 percent of these funds shall be in the form of grants to certified local community conservation corps, as defined in Section 14507.5, including local community conservation corps that have secured certification within the last three to five years prior to the grant application date.
(e)The sum of ten million dollars ($10,000,000) shall be available for projects that improve agricultural and open-space soil health, to improve carbon soil sequestration, erosion control, water quality, and water retention, which may in part be allocated to the Department of Conservation for watershed restoration and conservation projects on agricultural lands pursuant to Section 9084.
(f)(1)The sum of seventy-five million dollars ($75,000,000) shall be available to the Natural Resources Agency to award funding to projects identified by local agencies, nonprofit organizations, nongovernmental land conservation organizations, federally recognized Native American tribes, or nonfederally recognized California Native American tribes listed on the California Tribal Consultation list maintained by the Native American Heritage Commission, as follows:
(A)Projects that involve the restoration, protection, and acquisition of Native American, natural, cultural, and historic resources within the state.
(B)Projects that convert and repurpose properties or parts of properties formerly operating as fossil fuel power plants powerplants on the effective date of this chapter to create permanently protected open space, tourism, and park opportunities through fee title or conservation easements.
(C)Projects that enhance park, water, and natural resource values through improved recreation, tourism, and natural resource investments in those areas of the state not within the jurisdiction of a state conservancy or areas served by public-private landscape level collaboratives.
(D)Projects that enhance visitor experiences through development, expansion, and improvement of science centers operated by foundations or other nonprofit organizations in heavily urbanized counties.
(2)Before a grant is awarded pursuant to this subdivision, a project applicant shall demonstrate availability to the applicant of a minimum 20-percent match from other funds. Project applicants shall be encouraged to leverage all available local, federal, and nongovernmental sources to maximize funding distribution.
5889.02.In implementing Section 5889, the administering entity may give special consideration to the acquisition of lands that are in deferred certification areas of county local coastal plans.
10.Fiscal Provisions5891.(a)Bonds in the total amount of three billion five one hundred five million dollars ($3,005,000,000), ($3,105,000,000), not including the amount of any refunding bonds issued in accordance with Section 5891.12, 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 the 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.
5891.01.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.
5891.02.(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 California Clean Water, Climate, and Coastal Protection Protection, and Outdoor Access For All Finance Committee is hereby created. For purposes of this chapter, the California Clean Water, Climate, and Coastal Protection Protection, and Outdoor Access For All Finance Committee is the committee as that term is used in the State General Obligation Bond Law.
(b)The committee consists of the Director of Finance, the Treasurer, and the Controller. 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 Treasurer shall serve as the chair chairperson of the committee.
(d)A majority of the committee may act for the committee.
5891.03.The committee shall determine whether or not it is necessary or desirable to issue bonds authorized by 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.
5891.04.For purposes of the State General Obligation Bond Law, board, as defined in Section 16722 of the Government Code, means the Secretary of the Natural Resources Agency.
5891.05.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.
5891.06.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 5891.09, appropriated without regard to fiscal years.
5891.07.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 5891.09. 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.
5891.08.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.
5891.09.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 5891.07. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter.
5891.10.All moneys deposited in the fund that are 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 premiums may be reserved and used to pay the cost of bond issuance prior to any transfer to the General Fund.
5891.11.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 premiums, 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.
5891.12.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.
5891.13.The proceeds from the sale of bonds authorized by this chapter are not proceeds of taxes as that term is used in Article XIIIB of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article.
SEC. 2.The Secretary of State shall submit Section 1 of this act to the voters at the June 5, 2018, statewide direct primary election.
SEC. 3.This Section 1 of this act shall take effect upon approval by the voters of the California Clean Water, Climate, and Coastal Protection Protection, and Outdoor Access For All Act of 2018, as set forth in Section 1 of this act.
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 fund a California clean water, climate, and coastal protection protection, and outdoor access for all program at the earliest possible date, it is necessary that this act take effect immediately.
REVISIONS: HeadingLine 3.(a)The people of California find and declare all of the following:
(1)From Californias beautiful rivers, streams, coastal shorelines, and other waterways, to our federal, state, local, and regional parks and outdoor settings, to our vast network of trails connecting people with natural landscapes, Californians value the diversity of outdoor experiences afforded to this state and its citizens.
(2)Demand for local parks has exceeded available funding by a factor of 8 to 1, with particularly high demand in urban, disadvantaged communities.
(3)Many Californians across the state lack access to safe parks, trails, and recreation areas, which limits their ability to experience the outdoors, improve their physical and emotional health, exercise, and connect with their communities.
(4)Investments to create new and improve existing parks and recreation areas, and to create trail networks that provide access from neighborhoods to parks and recreational opportunities, will help ensure all Californians have access to safe places to exercise and enjoy recreational activities.
(5)The California Center for Public Health Advocacy estimates that inactivity and obesity cost California over forty billion dollars ($40,000,000,000) annually, through increased health care costs and lost productivity due to obesity-related illnesses, and that even modest increases in physical activity would result in significant savings. Investments in infrastructure improvements such as biking and walking trails and pathways and water quality and supply, whether in urban or natural areas, are cost-effective ways to promote physical activity.
(6)Continued investments in the states parks, trails, and natural resources, and greening urban areas will help mitigate the effects of climate change, making cities more livable, and will protect Californias natural resources for future generations.
(7)Californias outdoor recreation economy represents an eighty-seven-billion-dollar ($87,000,000,000) industry, providing over 700,000 jobs and billions of dollars in local and state revenues.
(8)Californias state, local, and regional park system infrastructure and national park system infrastructure are aging, and a significant infusion of capital is required to protect this investment.
(9)There has been a historic underinvestment in parks, trails, and outdoor infrastructure in disadvantaged areas and many communities throughout California.
(10)Tourism is a growing industry in California and remains an economic driver for the more rural parts of the state.
(b)It is the intent of the people of California that all of the following shall occur in the implementation of this chapter:
(1)The investment of public funds pursuant to this chapter will result in public benefits that address the most critical statewide needs and priorities for public funding.
(2)In the appropriation and expenditure of funding authorized by this chapter, priority will be given to projects that leverage private, federal, or local funding or produce the greatest public benefit.
(3)To the extent practicable, a project that receives moneys pursuant to this chapter will include signage informing the public that the project received funds from the California Clean Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2018.
(4)To the extent practicable, when developing program guidelines for urban recreation projects and habitat protection or restoration projects, administering entities are encouraged to give favorable consideration to projects that provide urban recreation and protect or restore natural resources. Additionally, the entities may pool funding for these projects.
(5)To the extent practicable, a project in a disadvantaged community that receives money pursuant to this chapter will provide workforce education, training, and quality job opportunities.
5880.01.The following definitions govern the construction of this chapter:
(a)Committee means the California Clean Water, Climate, Coastal Protection and Outdoor Access For All Finance Committee created by Section 5891.02.
(b)Conservation actions on private lands means projects with willing landowners that involve the adaptive flexible management of natural resources in response to changing conditions and threats to habitat and wildlife and that result in habitat conditions on private lands that, when managed dynamically over time, contribute to the long-term health and resiliency of vital ecosystems and enhance wildlife populations.
(c)Department means the Department of Parks and Recreation.
(d)Disadvantaged community has the same meaning as set forth in subdivision (g) of Section 75005.
(e)Fund means the California Clean Water, Climate, and Coastal Protection and Outdoor Access For All Fund, created by Section 5880.085.
(f)Heavily urbanized city means a city with a population of 300,000 or more.
(g)Heavily urbanized county means a county with a population of 3,000,000 or more.
(h)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 skilled specialist.
(i)Nonprofit organization means a nonprofit corporation 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, 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, cultural, and historic 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, 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 improvement to increase the natural system value of the property. Restoration projects shall include the planning, monitoring, and reporting necessary to ensure successful implementation of the project objectives.
(m)Severely disadvantaged community means a community with a median household income less than 60 percent of the statewide average.
5880.02.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.
5880.03.(a)Except as provided in subdivision (b), up to 12.5 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. Planning may include feasibility studies for environmental site cleanup that would further the purpose of a project that is eligible for funding under this chapter.
(b)Funds used for planning projects that benefit disadvantaged communities may exceed 12.5 percent of the funds allocated if the state agency administering the moneys determines that there is a need for the additional funding.
5880.04.(a) (1)Except as provided in paragraph (2), at least 20 percent of the funds available pursuant to each article of this chapter shall be allocated for projects serving severely disadvantaged communities.
(2)At least 15 percent of the funds available pursuant to Article 8 (commencing with Section 5888) and Article 9 (commencing with Section 5889) shall be allocated for projects serving severely disadvantaged communities.
(b)Except as provided in subdivision (c), up to 10 percent of the funds available pursuant to each article of this chapter may be allocated for technical assistance to disadvantaged communities. The agency administering the moneys shall operate a multidisciplinary technical assistance program for disadvantaged communities.
(c)Funds used for providing technical assistance to disadvantaged communities may exceed 10 percent of the funds allocated if the state agency administering the moneys determines that there is a need for the additional funding.
5880.05.Before disbursing grants pursuant to this chapter, each state agency that receives funding to administer a competitive grant program under this chapter shall do the following:
(a)(1)Develop and adopt project solicitation and evaluation guidelines. The guidelines shall include monitoring and reporting requirements and may include a limitation on the dollar amount of grants to be awarded. If the state agency has previously developed and adopted project solicitation and evaluation guidelines that comply with the requirements of this subdivision, it may use those guidelines.
(2)Guidelines adopted pursuant to this subdivision shall encourage, where feasible, inclusion of the following project components:
(A)Efficient use and conservation of water supplies.
(B)Use of recycled water.
(C)The capture of stormwater to reduce stormwater runoff, reduce water pollution, or recharge groundwater supplies, or a combination thereof.
(D)Provision of safe and reliable drinking water supplies to park and open-space visitors.
(b)Conduct three public meetings to consider public comments before finalizing the guidelines. The state agency shall publish the draft solicitation and evaluation guidelines on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California.
(c)Submit the guidelines to the Secretary of the Natural Resources Agency. The Secretary of the Natural Resources Agency shall verify that the guidelines are consistent with applicable statutes and all the purposes enumerated in this chapter. The Secretary of the Natural Resources Agency shall post an electronic form of the guidelines submitted by state agencies and the subsequent verifications on the Natural Resources Agencys Internet Web site.
(d)Upon adoption, transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature.
5880.06.(a)The Department of Finance shall provide for an independent audit of expenditures pursuant to this chapter. The Secretary of the Natural Resources Agency shall publish a list of all program and project expenditures pursuant to this chapter not less than annually, in written form, and shall post an electronic form of the list on the agencys Internet Web site in a downloadable spreadsheet format. The spreadsheet shall include information about the location and footprint of each funded project, the projects objectives, the status of the project, anticipated outcomes, any matching moneys provided for the project by the grant recipient, and the applicable article of this chapter pursuant to which the grant recipient received moneys.
(b)If an audit, required by statute, of any entity that receives funding authorized by this chapter is conducted pursuant to state law and reveals any impropriety, the California State Auditor or the Controller may conduct a full audit of any or all of the activities of that entity.
(c)The state agency issuing any grant with funding authorized by this chapter shall require adequate reporting of the expenditures of the funding from the grant.
5880.065.If any moneys allocated pursuant to this chapter are not encumbered or expended by the recipient entity within the time period specified by the administering agency, the unexpended moneys shall revert to the administering entity for allocation consistent with the applicable article.
5880.07.To the extent feasible, a project whose application includes the use of services of the California Conservation Corps, certified community conservation corps, as defined in Section 14507.5, or other nonprofit entities that provide job training and education opportunities for veterans, foster care recipients, farmworkers, or local youth in conservation or restoration projects shall be given preference for receipt of a grant under this chapter.
5880.075.To the extent feasible, a project that includes water efficiencies, stormwater capture, or carbon sequestration features in the project design may be given priority for grant funding under this chapter.
5880.076.Moneys allocated pursuant to this chapter shall not be used to fulfill any mitigation requirements imposed by law.
5880.077.(a)To the extent feasible in implementing this chapter and except as provided in subdivision (b), a state agency receiving funding under this chapter shall seek to achieve wildlife conservation objectives through projects on public lands or voluntary projects on private lands. Funds may be used 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.
(b)This section shall not apply to Article 2 (commencing with Section 5881), Article 3 (commencing with Section 5882), Article 5 (commencing with Section 5884), or Article 6 (commencing with Section 5885).
5880.078.A state agency that receives funding to administer a grant program under this chapter shall report to the Legislature by January 1, 2027, on its expenditures pursuant to this chapter and the public benefits received from those expenditures.
5880.080.A state conservancy receiving funding pursuant to this article shall endeavor to allocate funds that are complementary, but not duplicative, of authorized expenditures made pursuant to Chapter 188 of the Statutes of 2014.
5880.082.Funding pursuant to this chapter may be used for grants and loans to nonprofit organizations to repay financing described in Section 22064 of the Financial Code for projects that are consistent with the purposes of this chapter.
5880.084.For grants awarded for projects that serve a disadvantaged community, the administering entity shall provide advanced payments in the amount of 25 percent of the grant award to the recipient to initiate the project in a timely manner. The administering entity may adopt additional requirements for the recipient of the grant regarding the use of the advanced payments to ensure that the moneys are used properly.
5880.085.The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the California Clean Water, Climate, and Coastal Protection and Outdoor Access For All Fund, which is hereby created in the State Treasury.
5880.09.The Legislature may enact legislation necessary to implement programs funded by this chapter.
2.Investments in Environmental and Social Equity, Enhancing Californias Disadvantaged Communities5881.(a)The sum of nine hundred million dollars ($900,000,000) shall be available to the department, upon appropriation by the Legislature, for the creation and expansion of safe neighborhood parks in park-poor neighborhoods in accordance with the Statewide Park Development and Community Revitalization Act of 2008 competitive grant program described in Chapter 3.3 (commencing with Section 5640).
(b)When developing or revising criteria or guidelines for the grant program, the department may give additional consideration to projects that incorporate stormwater capture and storage or otherwise reduce stormwater pollution. The department shall perform its due diligence by conducting a rigorous prequalification process to determine the fiscal and operational capacity and ability of a potential grant recipient to do both of the following:
(1)Manage a project to maximize public benefit in perpetuity.
(2)Implement the project in a timely manner.
5881.01.Of the amount available pursuant to subdivision (a) of Section 5881, not less than 20 percent shall be available for the rehabilitation, repurposing, or substantial improvement of existing park infrastructure in communities of the state that will lead to increased use and enhanced user experiences.
5881.02.Of the amount available pursuant to subdivision (a) of Section 5881, to correct historic underinvestments in the central valley, Inland Empire, gateway, and desert communities, the sum of forty million dollars ($40,000,000) shall be available for local park improvement grants to the communities identified by the department as park deficient within those areas for active recreational projects, including aquatic centers, to encourage youth health, fitness, and recreational pursuits. Projects that include the donation of land, materials, or volunteer services and that demonstrate collaborations of multiple entities and the leveraging of scarce resources may be given consideration. Entities that receive a grant under this section may also be eligible to receive a grant under subdivision (a) of Section 5881.
3.Investments in Protecting, Enhancing, and Accessing Californias Local and Regional Outdoor Spaces5882.For purposes of this article, district means any regional park district, regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3, any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780), or any authority formed pursuant to Division 26 (commencing with Section 35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, district also means any other entity, including, but not limited to, a district operating multiple-use parklands pursuant to Division 20 (commencing with Section 71000) of the Water Code, that is authorized by statute to operate and manage parks or recreational areas or facilities, employs a full-time park and recreation director, offers year-round park and recreation services on land and facilities owned by the entity, and allocates a substantial portion of its annual operating budget to parks or recreation areas or facilities.
5882.01.(a)The sum of four hundred twenty-five million dollars ($425,000,000) shall be available to the department, upon appropriation by the Legislature, for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients shall be encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors.
(b)Unless the entity has been identified as a disadvantaged community, an entity that receives an award pursuant to this section shall be required to provide a match of 20 percent as a local share.
5882.02.(a)(1)The department shall allocate 60 percent of the funds available pursuant to subdivision (a) of Section 5882.01 to cities and districts, other than a regional park district, regional park and open-space district, open-space authority, or regional open-space district. Each citys and districts allocation shall be in the same ratio as the citys or districts population is to the combined total of the states population that is included in incorporated and unincorporated areas within the county, except that each city or district shall be entitled to a minimum allocation of two hundred thousand dollars ($200,000). If the boundary of a city overlaps the boundary of a district, the population in the overlapping area shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. If the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds for that area shall be allocated to the district.
(2)On or before April 1, 2020, a city and a district that are subject to paragraph (1), and whose boundaries overlap, shall collaboratively develop and submit to the department a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1). If, by that date, the plan has not been developed and submitted to the department, the director shall determine the allocation of the grant funds between the affected jurisdictions.
(b)(1)The department shall allocate 40 percent of the funds available pursuant to subdivision (a) of Section 5882.01 to counties and regional park districts, regional park and open-space districts, open-space authorities formed pursuant to Division 26 (commencing with Section 35100), and regional open-space districts formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3.
(2)Each countys allocation under paragraph (1) shall be in the same ratio that the countys population is to the total state population, except that each county shall be entitled to a minimum allocation of four hundred thousand dollars ($400,000).
(3)In any county that embraces all or part of the territory of a regional park district, regional park and open-space district, open-space authority, or regional open-space district, and whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between that district and the county in proportion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district.
(c)For the purpose of making the calculations required by this section, population shall be determined by the department, in cooperation with the Department of Finance, on the basis of the most recent verifiable census data and other verifiable population data that the department may require to be furnished by the applicant city, county, or district.
(d)The Legislature intends all recipients of funds pursuant to subdivision (a) of Section 5882.01 to use those funds to supplement local revenues in existence on the effective date of the act adding this chapter. To receive an allocation pursuant to subdivision (a) of Section 5882.01, the recipient shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this chapter in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but that is not available on an ongoing basis, shall not be considered when calculating a recipients annual expenditures. For purposes of this subdivision, the Controller may request fiscal data from recipients for the preceding three fiscal years. Each recipient shall furnish the data to the Controller no later than 120 days after receiving the request from the Controller.
5882.04.(a)The director of the department shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to subdivision (a) of Section 5882.01. The application shall be accompanied by certification that the project is consistent with the park and recreation element of the applicable city or county general plan or the district park recreation plan, as the case may be.
(b)To utilize available grant funds as effectively as possible, overlapping and adjoining jurisdictions and applicants with similar objectives are encouraged to combine projects and submit a joint application. A recipient may allocate all or a portion of its per capita share for a regional or state project.
5882.06.(a)The sum of one hundred ten million dollars ($110,000,000) shall be available to the department, upon appropriation by the Legislature, for grants to regional park districts, counties, regional open-space districts, open-space authorities formed pursuant to Division 26 (commencing with Section 35100), and eligible nonprofit organizations on a competitive grant basis to create, expand, improve, rehabilitate, or restore parks and park facilities, including, but not limited to, trails, regional trail networks, regional sports complexes, low-cost accommodations in park facilities, and visitor, outdoor, and interpretative facilities serving youth and communities of color.
(b)In awarding moneys, the department shall encourage applicants seeking funds for acquisition projects to perform projects in conjunction with new or enhanced public-use and public-access opportunities.
(c)Preference may be given to multiuse trail projects over single-use trail projects.
5882.08.The sum of five million dollars ($5,000,000) shall be available to the department for grants, awarded proportionally based on populations served, to local agencies that have obtained local voter approval between November 1, 2012, through November 30, 2018, inclusive, for revenue enhancement measures aimed at improving and enhancing local or regional park infrastructure. A recipient of a grant under this section shall receive at least two hundred fifty thousand dollars ($250,000) for the purposes of the revenue enhancement measure.
5882.10.(a)The director of the department shall annually forward a statement of the total amount to be appropriated each fiscal year for projects approved for grants pursuant to this article to the Director of Finance for inclusion in the annual Budget Act. A list of eligible jurisdictions and the amount of grant funds to be allocated to each jurisdiction shall also be made available by the department.
(b)Funds appropriated pursuant to this article shall be encumbered by the recipient within three years from the date the appropriation is effective. Regardless of the date of encumbrance of the granted funds, the recipient is expected to complete all funded projects within eight years of the effective date of the appropriation.
4.Restoring Californias Natural, Historic, and Cultural Legacy5883.(a)The sum of three hundred thirty million dollars ($330,000,000) shall be available to the department, upon appropriation by the Legislature, for restoration and preservation of existing state park facilities and units, to promote greater access to those units through the provision of low-cost overnight accommodations in ways that enhance access and recreational opportunities for disadvantaged communities, to preserve and increase public access to those facilities and units, and to protect the natural, cultural, and historic resources of those facilities and units. Not less than 80 percent of these funds shall be available for capital improvements that address the departments backlog of deferred maintenance or that enhance park access and user experiences.
(b)Of the amount available pursuant to subdivision (a), the sum of fifteen million dollars ($15,000,000) shall be available for enterprise projects that facilitate new or enhanced park use and user experiences and increase revenue generation to support operations of the department.
(c)Of the amount available pursuant to subdivision (a), the sum of fifteen million dollars ($15,000,000) shall be available to the department for grants to local agencies that operate a unit of the state park system to address an urgent need for the restoration of aging infrastructure that, without restoration, would compromise the continued operation of the unit. Unless a local agency has been identified as a disadvantaged community, a local agency that receives a grant pursuant to this subdivision shall be required to provide a match of not less than 25 percent.
5883.01.The department, in expending the funding available under this article, shall endeavor, where practical, to partner with cities, counties, nonprofit organizations, and nongovernmental organizations to maximize leveraging opportunities to enhance tourism, visitation, and visitor experiences.
5.Trails and Greenway Investment5884.(a)The sum of forty-five million dollars ($45,000,000) shall be available to the Natural Resources Agency, working in cooperation with the department, upon appropriation by the Legislature, for competitive grants to local agencies, state conservancies, federally recognized Native American tribes, nonfederally recognized California Native American tribes listed on the California Tribal Consultation List maintained by the Native American Heritage Commission, and nonprofit organizations to provide nonmotorized infrastructure development and enhancements that promote new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments to encourage health-related commuting and opportunities for Californians to reconnect with nature.
(b)Of the amount made available pursuant to this section, up to 25 percent may be made available to communities for innovative transportation programs that provide new and expanded outdoor experiences to disadvantaged youth.
(c)Alignment, development, and improvement of nonmotorized infrastructure and trails that lead to safer interconnectivity among parks, waterways, and natural areas may be encouraged.
(d)The Natural Resources Agency is encouraged, when designing guidelines for grants awarded under this article, to utilize existing program guidelines, including, if applicable, guidelines that have been established for the California Recreational Trails Act (Article 6 (commencing with Section 5070) of Chapter 1) and, to the extent possible, to design guidelines that are consistent with the California Recreational Trails Plan, as described in Article 6 (commencing with Section 5070) of Chapter 1.
5884.01.Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article shall be required to provide a match of 20 percent.
6.Rural Recreation, Tourism, and Economic Enrichment Investment5885.(a)The sum of forty million dollars ($40,000,000) shall be available to the department, upon appropriation by the Legislature, to administer a competitive grant program for cities, counties, and districts in nonurbanized areas, that are eligible for a grant under the Roberti-Zberg-Harris Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620)). Notwithstanding subdivisions (c) and (e) of Section 5621 and for the purposes of this section, the definition of nonurbanized area shall be updated by the department to reflect current population levels. A nonurbanized area shall include counties with populations of less than 500,000 people. In awarding the grants, the department may consider the following factors:
(1)Whether the project would provide new recreational opportunities in rural communities that have demonstrated deficiencies and lack of outdoor infrastructure in support of economic and health-related goals.
(2)Whether the project proposes to acquire and develop lands to enhance resident recreation while promoting the quality of tourism experiences and the economic vitality of the community. These enhancements may include accessibility for individuals with disabilities, trails, bikeways, regional or destination-oriented recreational amenities, and visitor centers.
(3)Whether the project includes collaboration between public and nonprofit organizations, including, but not limited to, nonprofit land trusts, to facilitate public access to privately owned lands for regional trail development, wildlife viewing, recreation, or outdoor experiences for youth.
(b)Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article shall be required to provide a match of 20 percent.
7.California River Recreation, Creek, Stormwater, and Waterway Improvement Program5886.(a)The sum of seventy million dollars ($70,000,000) shall be available to the Natural Resources Agency, upon appropriation by the Legislature, for grants pursuant to the California River Parkways Act of 2004 (Chapter 3.8 (commencing with Section 5750)). Eligible projects shall include, but are not limited to, projects that protect and enhance urban creeks.
(1)Of the amount made available pursuant to this subdivision, not less than five million dollars ($5,000,000) shall be available for the Lower American River Conservancy Program, as described in Chapter 375 of the Statutes of 2016.
(2)Of the amount made available pursuant to this subdivision, not less than five million dollars ($5,000,000) shall be available for improvements in and along the Guadalupe River and its headwaters or contributing tributaries, including Los Gatos Creek, upon the enactment of subsequent legislation that demonstrates a comprehensive local and regional approach to restoration, public recreation, and management of the river corridor.
(3)Of the amount made available pursuant to this subdivision, five million dollars ($5,000,000) shall be available for improvements in and along the Russian River upon the enactment of subsequent legislation that provides a comprehensive regional use management plan to reduce conflict and promote cooperative public recreation, commercial activity, and habitat protection benefits.
(4)Of the amount made available pursuant to this subdivision, five million dollars ($5,000,000) shall be available to the Santa Ana River Conservancy Program pursuant to Chapter 4.6 (commencing with Section 31170) of Division 21.
(b)Unless the entity has been identified as a disadvantaged community, an entity that receives an award under this article shall be required to provide a match of 20 percent.
(c)To maximize cooperation and leverage resources, the Natural Resources Agency may give priority to projects that include partnerships among federal, state, and local agencies and to projects proposed by nonprofit organizations, including, but not limited to, nonprofit land trusts.
5886.01.The sum of ninety million dollars ($90,000,000) shall be available to the Natural Resources Agency, upon appropriation by the Legislature, for project grants for the protection and enhancement of an urban creek, as defined in subdivision (e) of Section 7048 of the Water Code, and its tributaries, pursuant to Division 22.8 (commencing with Section 32600) and Division 23 (commencing with Section 33000) of this code and Section 79508 of the Water Code. Money available pursuant to this section shall be equally divided between projects in areas described in Division 22.8 (commencing with Section 32600) and projects in areas described in Division 23 (commencing with Section 33000). Projects serving disadvantaged communities shall have priority for funding under this section.
5886.03.The sum of ten million dollars ($10,000,000) shall be available to the department, upon appropriation by the Legislature, to implement the Urban Streams Restoration Program, established pursuant to Section 7048 of the Water Code.
5886.04.The sum of thirty million dollars ($30,000,000) shall be available to the Salton Sea Authority, upon appropriation by the Legislature, for capital outlay projects that provide air quality and habitat benefits and that implement the Natural Resource Agencys Salton Sea Management Program. Of this amount, not less than ten million dollars ($10,000,000) shall be available for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program, as described in Section 71103.6.
5886.05.(a)The sum of twenty-five million dollars ($25,000,000) shall be available to the Natural Resources Agency for competitive grants to cities, counties, regional park districts, park districts, regional open-space districts, open-space authorities, conservation-based nonprofit organizations, and joint powers authorities for stormwater capture projects that lead to improved or enhanced park, parkway, open-space, greenways, or green infrastructure and provide for at least two of the following benefits:
(1)Reduces flooding.
(2)Reduces water pollution.
(3)Facilitates increased recharge of groundwater or otherwise stores water for reuse.
(4)Increases or otherwise enhances habitat for fish and wildlife.
(5)Promotes adaptation and protections against sea level rise.
(6)Reduces heat island effects.
(b)In implementing this section, the Natural Resources Agency may draw from existing guidelines and provisions such as the urban greening program, as described in Section 75129 as that section existed at the time this act was enacted.
5886.06.To the maximum extent feasible, the Natural Resources Agency and the department are encouraged, when developing guidelines for grants awarded under this article, to utilize existing programs through which communities enter into partnerships with state agencies for multibenefit projects to enhance and restore waterways, including, but not limited to, the Riverine Stewardship Technical Assistance program.
7.5.State Conservancy Funding5887.The sum of one hundred forty-five million dollars ($145,000,000) shall be available, upon appropriation by the Legislature, in accordance with the following schedule, to fulfill the purposes of the specified entity:
(a)Baldwin Hills Conservancy, five million dollars ($5,000,000).
(b)California Tahoe Conservancy, twenty million dollars ($20,000,000).
(c)Coachella Mountains Conservancy, ten million dollars ($10,000,000).
(d)Sacramento-San Joaquin Delta Conservancy, ten million dollars ($10,000,000).
(e)San Diego River Conservancy, fifteen million dollars ($15,000,000).
(f)San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, twenty-five million dollars ($25,000,000).
(g)San Joaquin River Conservancy, ten million dollars ($10,000,000).
(h)Santa Monica Mountains Conservancy, twenty-five million dollars ($25,000,000).
(i)Sierra Nevada Conservancy, twenty-five million dollars ($25,000,000).
5887.01.The Legislature shall strive to consider population size, land mass, and natural resource significance as factors when determining the amount of any other funds to be made available to an entity listed in Section 5887.
5887.02.A receiving entity in Section 5887 shall develop and adopt a strategic master plan that identifies priorities and specific criteria for selecting projects for funding. The strategic plan shall include strategies for providing public access to conserved lands wherever feasible and be consistent with project goals and objectives.
5887.03.Conservancies, in expending the funding available under this article, shall endeavor, where practical, to partner with cities, counties, nonprofit organizations, and nongovernmental organizations to acquire open space and create urban greenway corridors.
8.Ocean, Bay, and Coastal Protection5888.The sum of one hundred eighty million dollars ($180,000,000) shall be available, upon appropriation by the Legislature, to fund projects that enhance and protect coastal and ocean resources in the state as follows:
(a)The sum of forty-five million dollars ($45,000,000) shall be available for deposit into the California Ocean Protection Trust Fund for grants consistent with Section 35650. Priority shall be given to projects that conserve, protect, and restore marine wildlife and healthy ocean and coastal ecosystems with a focus on the states system of marine protected areas and sustainable fisheries.
(b)The sum of forty million dollars ($40,000,000) shall be available to the San Francisco Bay Area Conservancy Program (Chapter 4.5 (commencing with Section 31160) of Division 21).
(c)The sum of ninety-five million dollars ($95,000,000) 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.
5888.02.In implementing Section 5888, the administering entity may give special consideration to the acquisition of lands that are in deferred certification areas of county local coastal plans.
9.Climate Preparedness, Habitat Resiliency, Resource Enhancement, and Innovation5889.The sum of six hundred million dollars ($600,000,000) shall be available, upon appropriation by the Legislature, to plan, develop, and implement climate adaptation and resiliency projects that improve a communitys ability to adapt to the unavoidable impacts of climate change. Projects shall improve and protect coastal and rural economies, agricultural viability, wildlife corridors, or habitat, develop future recreational opportunities, or enhance drought tolerance and water retention, in accordance with the following schedule:
(a)(1) Four hundred million dollars ($400,000,000) shall be available to the Wildlife Conservation Board for grants for any of the following:
(A)Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space, including projects to improve connectivity and reduce barriers between habitat areas. In awarding grants pursuant to this subparagraph, priority may be given to projects that protect state-designated wildlife corridors and wildlife corridors threatened by urban development.
(B)Projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that promote the recovery of threatened and endangered species.
(C)Projects to improve climate adaptation and resilience of natural systems.
(D)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.
(E)Projects to restore rivers and streams in support of fisheries and wildlife, including, but not limited to, reconnection of rivers with their flood plains, riparian and side-channel habitat restoration, and restoration and protection of upper watershed forests and meadow systems that are important for fish and wildlife resources and projects that consistent with the purposes of subdivision (f) of Section 79738 of the Water Code. Priority shall be given to projects supported by multistakeholder public or private partnerships, or both, using a science-based approach and measurable objectives to guide identification, design, and implementation of regional actions to benefit salmon and steelhead.
(F)In implementing this subdivision, the Wildlife Conservation Board may provide matching grants for incentives to landowners for conservation actions on private lands or use of voluntary habitat credit exchange mechanisms. The matching grant shall not exceed 50 percent of the total cost of the incentive program.
(2)Applications submitted pursuant to this subdivision that promote projects seeking to preserve the working character of lands, including uninterrupted agricultural and rangeland practices, through conservation easements, may be given additional consideration.
(3)Of the amount subject to this subdivision, fifty-five million dollars ($55,000,000) shall be available for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that furthers the implementation of natural community conservation plans adopted pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), to help resolve resource conflicts by balancing communitywide conservation, planning, and economic activities. Funding pursuant to this paragraph shall not be used to offset mitigation obligations otherwise required.
(4)Of the amount subject to this subdivision, five million dollars ($5,000,000) shall be administered through the Department of Fish and Wildlife for competitive grants to wildlife rehabilitation facilities operated by nongovernmental entities.
(5)Of the amount subject to this subdivision, not less than forty million dollars ($40,000,000) shall be available for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space to improve connectivity and reduce barriers between habitat areas and to protect and restore habitat associated with the Pacific Flyway. In awarding grants pursuant to this paragraph, priority may be given to projects that protect state-designated wildlife corridors. Of the amount described in this paragraph, five million dollars ($5,000,000) shall be available for the California Waterfowl Habitat Program.
(6)The Wildlife Conservation Board shall develop or update a strategic master plan that identifies priorities and specific criteria for selecting projects pursuant to paragraph (1).
(7)Activities funded pursuant to this subdivision shall be consistent with the states climate adaptation strategy, as provided by Section 71153, and the statewide objectives provided in Section 71154.
(b)The sum of thirty million dollars ($30,000,000) shall be available for deposit into the California Climate Resilience Account, established pursuant to Section 31012, for projects that assist coastal communities, including those reliant on commercial fisheries, with adaptation to climate change, including projects that address ocean acidification, sea level rise, or the protection of habitat associated with the Pacific Flyway.
(c)The sum of fifty million dollars ($50,000,000) shall be available for projects that reduce fire risk, improve forest health, and provide feedstock for compost, energy, or alternative fuels facilities. Projects may include, but are not limited to, forest restoration projects that include hazardous fuel reduction, postfire watershed rehabilitation, and forest management practices that promote forest resilience to wildfire, climate change, and other disturbances. Unless otherwise specified by the Legislature, project funds shall be equally administered by the Department of Forestry and Fire Protection and by the Sierra Nevada Conservancy.
(d)The sum of thirty-five million dollars ($35,000,000) shall be available to the California Conservation Corps for projects to rehabilitate or improve parks and restore watersheds, including regional and community fuel load reduction projects on public lands, and stream and river restoration projects. Not less than 50 percent of these funds shall be in the form of grants to certified local community conservation corps, as defined in Section 14507.5, including local community conservation corps that have secured certification within the last three to five years prior to the grant application date.
(e)The sum of ten million dollars ($10,000,000) shall be available for projects that improve agricultural and open-space soil health, to improve carbon soil sequestration, erosion control, water quality, and water retention, which may in part be allocated to the Department of Conservation for watershed restoration and conservation projects on agricultural lands pursuant to Section 9084.
(f)(1)The sum of seventy-five million dollars ($75,000,000) shall be available to the Natural Resources Agency to award funding to projects identified by local agencies, nonprofit organizations, nongovernmental land conservation organizations, federally recognized Native American tribes, or nonfederally recognized California Native American tribes listed on the California Tribal Consultation list maintained by the Native American Heritage Commission, as follows:
(A)Projects that involve the restoration, protection, and acquisition of Native American, natural, cultural, and historic resources within the state.
(B)Projects that convert and repurpose properties or parts of properties formerly operating as fossil fuel power plants on the effective date of this chapter to create permanently protected open space, tourism, and park opportunities through fee title or conservation easements.
(C)Projects that enhance park, water, and natural resource values through improved recreation, tourism, and natural resource investments in those areas of the state not within the jurisdiction of a state conservancy or areas served by public-private landscape level collaboratives.
(D)Projects that enhance visitor experiences through development, expansion, and improvement of science centers operated by foundations or other nonprofit organizations in heavily urbanized counties.
(2)Before a grant is awarded pursuant to this subdivision, a project applicant shall demonstrate availability to the applicant of a minimum 20-percent match from other funds. Project applicants shall be encouraged to leverage all available local, federal, and nongovernmental sources to maximize funding distribution.
5889.02.In implementing Section 5889, the administering entity may give special consideration to the acquisition of lands that are in deferred certification areas of county local coastal plans.
10.Fiscal Provisions5891.(a)Bonds in the total amount of three billion five million dollars ($3,005,000,000), not including the amount of any refunding bonds issued in accordance with Section 5891.12, 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 the 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.
5891.01.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.
5891.02.(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 California Clean Water, Climate, and Coastal Protection and Outdoor Access For All Finance Committee is hereby created. For purposes of this chapter, the California Clean Water, Climate, and Coastal Protection and Outdoor Access For All Finance Committee is the committee as that term is used in the State General Obligation Bond Law.
(b)The committee consists of the Director of Finance, the Treasurer, and the Controller. 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 Treasurer shall serve as the chair of the committee.
(d)A majority of the committee may act for the committee.
5891.03.The committee shall determine whether or not it is necessary or desirable to issue bonds authorized by 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.
5891.04.For purposes of the State General Obligation Bond Law, board, as defined in Section 16722 of the Government Code, means the Secretary of the Natural Resources Agency.
5891.05.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.
5891.06.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 5891.09, appropriated without regard to fiscal years.
5891.07.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 5891.09. 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.
5891.08.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.
5891.09.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 5891.07. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund, with interest at the rate earned by the moneys in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter.
5891.10.All moneys deposited in the fund that are 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 premiums may be reserved and used to pay the cost of bond issuance prior to any transfer to the General Fund.
5891.11.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 premiums, 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.
5891.12.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.
5891.13.The proceeds from the sale of bonds authorized by this chapter are not proceeds of taxes as that term is used in Article XIIIB of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article.
SEC. 2.The Secretary of State shall submit this act to the voters at the June 5, 2018, statewide direct primary election.
SEC. 3.This act shall take effect upon approval by the voters of the California Clean Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2018, as set forth in Section 1 of this act.
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 fund a California clean water, climate, and coastal protection and outdoor access for all program at the earliest possible date, it is necessary that this act take effect immediately.
|
Date
|
Status
|
|---|---|
| Aug 16, 2018 | In committee: Referred to APPR. suspense file. |
| Aug 14, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Aug 13, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (August 13). Re-referred to Com. on APPR. |
| Aug 8, 2018 | Re-referred to Com. on B., P. & E.D. |
| Jul 3, 2018 | Withdrawn from committee. |
| Jul 2, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Sep 1, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (August 31). Re-referred to Com. on APPR. |
| Aug 31, 2017 | Joint Rule 62(a), file notice suspended. |
| Aug 30, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 28, 2017 | Referred to Coms. on N.R. & W. and GOV. & F. |
| Mar 20, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Mar 20, 2017 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 54. Noes 19. Page 645.). |
| Mar 8, 2017 | Coauthors revised. |
| Feb 27, 2017 | Read second time. Ordered to third reading. |
| Feb 23, 2017 | Read second time and amended. Ordered returned to second reading. |
| Feb 22, 2017 | From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (February 22). |
| Feb 8, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 5.) (February 7). Re-referred to Com. on APPR. |
| Jan 19, 2017 | Referred to Com. on W.,P., & W. |
| Dec 6, 2016 | From printer. May be heard in committee January 5. |
| Dec 5, 2016 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 16, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 13, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| Aug 31, 2017 | Do pass, but first be re-referred to the Committee on [Governance and Finance] | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Aug 31, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Governance and Finance |
Passed |
|
| Mar 20, 2017 | AB 18 GARCIA, E. Third Reading Urgency | Assembly Floor |
Passed |
|
| Feb 22, 2017 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Feb 7, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Arcade Creek Recreation And Park District | ** Support | Aug 30, 2017 |
| Arroyos & Foothills Conservancy | ** Support | Aug 30, 2017 |
| Asian Pacific Environmental Network | ** Support | Aug 30, 2017 |
| ASPCA | ** Support | Aug 30, 2017 |
| Association Of California Water Agencies | * For If Amend | Feb 7, 2017 |
| Association of Professional Landscape Designers | * Support | Aug 31, 2017 |
| Auburn Area Recreation And Park District | ** Support | Aug 30, 2017 |
| Audobon Society | * Support | Feb 7, 2017 |
| Audubon Caifornia | * Support | Aug 31, 2017 |
| Bear Yuba Land Trust | ** Support | Aug 30, 2017 |
| Big Sur Land Trust | * Support | Aug 31, 2017 |
| Bolsa Chica Land Trust | ** Support | Aug 30, 2017 |
| California Association Of Local Conservation Corps | ** Support | Aug 30, 2017 |
| California Association Of Recreation & Park Districts | * Support | Aug 31, 2017 |
| California Bicycle Coalition | ** Support | Aug 30, 2017 |
| California Environmental Justice Alliance | * Support | Aug 31, 2017 |
| California League Of Conservation Voters | ** Support | Aug 30, 2017 |
| California Native Plant Society | * Support | Feb 7, 2017 |
| California Park & Recreation Society | * Support | Aug 31, 2017 |
| California Park & Recreation Society | * Support | Aug 31, 2017 |
| California State Parks Foundation | ** Support | Aug 30, 2017 |
| California Traveler Association | * Support | Aug 31, 2017 |
| California Urban Streams Partnership | * Support | Aug 31, 2017 |
| California Waterfowl Association | ** Support | Aug 30, 2017 |
| Carbon Cycle Institute | ** Support | Aug 30, 2017 |
| City of Carson | * Support | Feb 22, 2017 |
| City of Chino | ** Support | Aug 30, 2017 |
| City Of Chula Vista | ** Support | Aug 30, 2017 |
| City of Claremont | ** Support | Aug 30, 2017 |
| City of Culver City | ** Support | Aug 30, 2017 |
| City of Davis | ** Support | Aug 30, 2017 |
| City Of Fullerton | * Support | Feb 22, 2017 |
| City of Imperial | * Support | Feb 7, 2017 |
| City of Lakewood | ** Support | Aug 30, 2017 |
| City of Long Beach | ** Support | Aug 30, 2017 |
| City of Los Alamitos | ** Support | Aug 30, 2017 |
| City Of Oakland | * Support | Feb 22, 2017 |
| City Of Orinda Parks And Recreation Department | ** Support | Aug 30, 2017 |
| City of Oxnard | ** Support | Feb 7, 2017 |
| City of Poway | ** Support | Aug 30, 2017 |
| City of San Francisco, Mayor Edwin Lee | * Support | Aug 31, 2017 |
| City of San Jose | * Support | Aug 31, 2017 |
| City of San Jose | * Support | Aug 31, 2017 |
| City of San Leandro | * Support | Feb 22, 2017 |
| City Of Selma Recreation And Community Services | ** Support | Aug 30, 2017 |
| City Of Tehachapi | ** Support | Aug 30, 2017 |
| City of Torrance | ** Support | Aug 30, 2017 |
| City of Walnut Creek, CA. | * Support | Feb 22, 2017 |
| City Of Westminster | ** Support | Aug 30, 2017 |
| City of Whittier | ** Support | Aug 30, 2017 |
| Coachella Valley Water District | * Support | Aug 31, 2017 |
| Coachella Valley Water District | * Support | Aug 31, 2017 |
| COMMITTEE TO RE-ELECT KIM DOLLARD | * Support | Feb 22, 2017 |
| Community and Nature Connection | * Support | Aug 31, 2017 |
| Community Nature Center Tree People | * Support | Feb 7, 2017 |
| Community Nature Connection | * Support | Aug 31, 2017 |
| David Evans And Associates, Inc. | ** Support | Aug 30, 2017 |
| Defenders Of Wildlife | * Support | Aug 31, 2017 |
| Defenders Of Wildlife | * Support | Aug 31, 2017 |
| Desert Recreation District | * Support | Aug 31, 2017 |
| East Bay Regional Park District | ** Support | Aug 30, 2017 |
| Eastern Sierra Land Trust | ** Support | Aug 30, 2017 |
| Environment California | * Support | Feb 7, 2017 |
| Environmental Defense Center | ** Support | Aug 30, 2017 |
| Environmental Defense Fund | * Support | Aug 31, 2017 |
| Environmental Defense Fund | * Support | Aug 31, 2017 |
| Environmental Working Group | ** Support | Aug 30, 2017 |
| Friends of Harbors, Beaches and Parks | ** Support | Aug 30, 2017 |
| Friends of LA River | * Support | Aug 31, 2017 |
| Friends of the Los Angeles River | ** Support | Aug 30, 2017 |
| From Lot to Spot | ** Support | Aug 30, 2017 |
| Fulton-El Camino Recreation And Park District | ** Support | Aug 30, 2017 |
| Grassland Water District | * Support | Feb 22, 2017 |
| Greenfield Walking Group | ** Support | Aug 30, 2017 |
| Heal The Bay | * Support | Aug 31, 2017 |
| Hesperia Recreation And Park District | ** Support | Aug 30, 2017 |
| Hills for Everyone | ** Support | Aug 30, 2017 |
| Howard Jarvis Taxpayer Association | ** Against | Aug 30, 2017 |
| Humane Society Of The United States, The | * Support | Aug 31, 2017 |
| Imperial Irrigation District | * Support | Aug 31, 2017 |
| Imperial, County Of | * Support | Feb 22, 2017 |
| Land Conservancy of San Luis Obispo County | * Support | Feb 22, 2017 |
| Land Trust Of Santa Cruz County | * Support | Aug 31, 2017 |
| Land Trust Of Santa Cruz County | * Indeterminate | Aug 31, 2017 |
| Latino Outdoors | * Support | Aug 31, 2017 |
| League Of California Cities | * Support | Aug 31, 2017 |
| League Of California Cities | * Support | Aug 31, 2017 |
| Livermore Area Recreation And Park District | ** Support | Aug 30, 2017 |
| Los Angeles Neighborhood Land Trust | * Support | Aug 31, 2017 |
| Los Angeles Neighborhood Land Trust | * Support | Aug 31, 2017 |
| Marin Carbon Project | ** Support | Aug 30, 2017 |
| Medical Board of California | ** Against | Aug 13, 2018 |
| Mid Peninsula Regional Open Space District | * Support | Aug 31, 2017 |
| Mono Lake Committee | ** Support | Aug 30, 2017 |
| Napa County Regional Park and Open Space District | ** Support | Aug 30, 2017 |
| National Parks Conservation Association | ** Support | Aug 30, 2017 |
| Natural Resources Defense Council | * Support | Aug 31, 2017 |
| Natural Resources Defense Council | * Support | Aug 31, 2017 |
| Nature Conservancy | ** Support | Aug 30, 2017 |
| North County Recreation And Park District | ** Support | Aug 30, 2017 |
| North Highlands Recreation And Park District | ** Support | Aug 30, 2017 |
| Northern California Guides and Sportsman Association | * Support | Aug 31, 2017 |
| Orange County Conservation Corps | * Support | Aug 31, 2017 |
| Ottawa in California | * Support | Feb 22, 2017 |
| Outdoor Afro | ** Support | Aug 30, 2017 |
| Pacific Forest Trust | ** Support | Aug 30, 2017 |
| Parks Now Coalition | * Support | Aug 31, 2017 |
| Pathways for Wildlife | ** Support | Aug 30, 2017 |
| Peninsula Open Space Trust | * Support | Aug 31, 2017 |
| People | * Support | Feb 22, 2017 |
| Placer Land Trust | ** Support | Aug 30, 2017 |
| Plastic Pollution Coaltion | * Support | Aug 31, 2017 |
| PLUMBING CONTRACTORS | * Support | Feb 22, 2017 |
| Policy Link | ** Support | Aug 30, 2017 |
| Prevention Institute | ** Support | Aug 30, 2017 |
| Public Health Advocates | ** Support | Aug 30, 2017 |
| Rails to Trails | ** Support | Aug 30, 2017 |
| Redondo Beach City Of | * Support | Aug 31, 2017 |
| Resources Legacy Fund | * Support | Aug 31, 2017 |
| Sacramento County Board of Supervisors | * Support | Aug 31, 2017 |
| San Benito Health Foundation | ** Support | Aug 13, 2018 |
| San Diego Humane Society | ** Support | Aug 30, 2017 |
| San Francisco Parks Alliance | ** Support | Aug 30, 2017 |
| San Francisco Recreation and Park Department | ** Support | Aug 30, 2017 |
| San Francisco Recreation and Park District | ** Support | Aug 30, 2017 |
| San Francisco Spca | ** Support | Aug 30, 2017 |
| Santa Clara County Parks | ** Support | Aug 30, 2017 |
| Santa Clara Valley Open Space Authority | ** Support | Aug 30, 2017 |
| Save The Redwoods League | * Support | Aug 31, 2017 |
| Sequoia Riverlands Trust | ** Support | Aug 30, 2017 |
| Sierra Business Council | ** Support | Aug 30, 2017 |
| Sierra Cascade Land Trust Council | ** Support | Aug 30, 2017 |
| Sierra Club | * Support | Aug 31, 2017 |
| Sierra Club | * Support | Aug 31, 2017 |
| Sierra Foothill Conservancy | ** Support | Aug 30, 2017 |
| Sonoma Agricultural Preservation and Open Space District | * Support | Aug 31, 2017 |
| Sonoma County Regional Parks | ** Support | Aug 30, 2017 |
| State Park Partners Coalition | ** Support | Aug 30, 2017 |
| Structurecast | ** Support | Aug 30, 2017 |
| Tahoe City Public Utility District | ** Support | Aug 30, 2017 |
| Tehachapi Valley Recreation And Park District | ** Support | Aug 30, 2017 |
| The Metropolitan Water District Of Southern California | * Indeterminate | Aug 31, 2017 |
| The Nature Conservancy | ** Support | Aug 30, 2017 |
| The Ocean Conservancy | * Support | Aug 31, 2017 |
| The Trust For Public Land | * Support | Aug 31, 2017 |
| The Trust For Public Land | * Support | Aug 31, 2017 |
| The Watershed Project | ** Support | Aug 30, 2017 |
| Town Of Mammoth Lakes Recreation Commission | ** Support | Aug 30, 2017 |
| Town Of Moraga Parks And Recreation Department | ** Support | Aug 30, 2017 |
| Towns and Public Affairs | * Support | Aug 31, 2017 |
| Transform | ** Support | Aug 30, 2017 |
| Treepeople | ** Support | Aug 30, 2017 |
| Truckee Donner Land Trust | ** Support | Aug 30, 2017 |
| Unknown. | ** Against | Aug 30, 2017 |
| VeriSign Inc. | * Support | Feb 7, 2017 |
| Water Bond Coalition | ** Support | Aug 30, 2017 |
| Watershed Conservation Authority | ** Support | Aug 30, 2017 |
| Watershed Project, The | ** Support | Feb 3, 2017 |
| Wild Lands Conservatory | * Support | Aug 31, 2017 |
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 18 (Eduardo Garcia) - Healing arts: Licensed Physicians and Dentists from Mexico Pilot Program
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
An urgency measure, which eliminates the requirement that the orientation program for the Licensed Physicians and Dentists from Mexico Pilot Program be six months in duration. Requires the Medical Board of California (MBC) and Dental Board of California (DBC) to convene interested parties meetings to establish the appropriate duration of the orientation program.
Fiscal Impact:
Staff notes cost pressures (likely in the mid-thousands, special fund) for the Medical Board and the Dental Board to convene interested parties meetings, have a medical consultant review the curriculum, and promulgate regulations, or amend existing regulations, if necessary. Given the bill’s broad language of “interested parties meetings,” there could be travel costs. The staff analysis assumes a limited-term workload of a staff services analyst-level with OE&E of around $80,000 per Board.
Background:
Assembly Bill 1045 (Firebaugh, Chapter 1157, Statutes of 2002) established the Licensed Physicians and Dentists Program, which allows up to 30 qualified physicians (specializing in family practice, internal medicine, pediatrics, and obstetrics and gynecology [OB-GYN]) and up to 30 qualified dentists from Mexico to practice in California for a period not to exceed three years. Program applicants must obtain the necessary three-year visa for program participation. To be eligible for the program, physicians must:
- Be licensed, certified, and in good standing with their medical specialty in Mexico.
- Have completed the board review course with a score equivalent to that registered by United State applicants when passing a board review course for the U.S. certification exam in each of their specialty areas and passed an interview by the National Autonomous University of Mexico (UNAM). Family practitioners who must include OB-GYN in their practice must have, as appropriately documented, 50 live births.
- Have satisfactorily completed an orientation program, which the Medical Board must approve, include: medical protocol, community clinic history and operation, medical administration, medical ethics, California medical system, health maintenance organizations and managed care practices, and pharmacology differences.
- Must be enrolled in adult English as a second language classes, and have those transcripts sent to the Medical Board of California.
- Must have continuing education, an average of 25 units per year for a total of 75 units for a full three years of program participation.
- Must receive a three-year nonrenewable license to work in nonprofit community health center and be required to participate in a six-month externship.
- Be enrolled in adult ESL classes at approved institutions.
For dentists to be eligible for the program, they must either:
- Be graduates from the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontología). Meet all criteria required for licensure in Mexico applied by the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontología). Enroll and complete an orientation program that focuses on practical issues in pharmacology, issues and diagnosis in oral pathology, clinical applications, biomedical sciences, clinical history management, special patient care, sedation techniques, infection control guidelines, introduction to health care systems in California, and introduction to community clinic operations; or,
- Graduate within the three-year period prior to enrollment in the program, from a foreign dental school that has received provisional approval or certification by November of 2003 from the Dental Board of California under the Foreign Dental School Approval Program. Enroll and satisfactorily complete an orientation program that focuses on the health care system and community clinic operations in California. Enroll and satisfactorily complete a course taught by an approved foreign dental school on infection control approved by the Dental Board of California.
In addition, after 12 months of the start of the pilot program, one medical school and dental school in California, and either UNAM or a foreign dental school approved by the Dental Board, must start conducting an evaluation of the program, with topics to include, among others, quality of care provided by doctors and dentists licensed under the pilot, adaptability of these licensed practitioners to California medical and dental standards, impact on cultural and linguistic services. Existing law requires philanthropic funding to cover program administration costs.
Proposed Law:
Assembly 18 requires the MBC and DBC to convene interested parties meetings in order for the board to determine and establish the duration of the orientation program.
The bill declares the need for an urgency statute to address the shortage of doctors in rural and farmworker communities in California.
Staff Comments:
The bill was significantly amended on July 2, 2018 to pertain to the bill’s current subject. The previous version of the bill would have established the California Clean Water, Climate, Coast Protection, and Outdoor Access for All Act of 2018, and was heard in both Assembly Committee on Water, Parks, and Wildlife and Senate Committees on Natural Resources and Water and Governance and Finance in 2017.
The bill is an urgency measure and would require a 2/3-vote.
-- END --
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2017 - 2018 Regular
Bill No: AB 18 Hearing Date: August 13, 2018
Author: | Eduardo Garcia | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Healing arts: Licensed Physicians and Dentists from Mexico Pilot Program
SUMMARY: An urgency measure which strikes the six-month timeframe for a required orientation program that physician participants in the Licensed Physicians and Dentists from Mexico Pilot Program (Mexico Pilot Program) must complete.
Existing law:
- Establishes the Mexico Pilot Program to allow up to 30 licensed physicians specializing in family practice, internal medicine, pediatrics, and obstetrics and gynecology who are certified or recertified and in good standing in their medical specialty in Mexico, and up to 30 licensed dentists from Mexico to practice medicine or dentistry in California for three years according to certain requirements. (Business and Professions Code (BPC) § 853).
- Specifies that physician program participants, prior to leaving Mexico, must complete a six-month orientation program which addresses medical protocol, community clinic history and operations, medical administration, hospital operations and protocol, medical ethics, the California medical delivery system, health maintenance organizations and managed care practices, and pharmacology differences. Requires National Autonomous University of Mexico (UNAM) and a medical school in good standing, or a facility conducting an approved medical residency training program in California, to confer to develop a mutually agreed upon distant learning program for the six-month orientation. Requires the Medical Board of California (MBC) to approve the orientation to ensure that it contains the requisite subject matter and meets appropriate California law and medical standards where applicable. (BPC §§ 853(c)(2)(B)(i) and 853 (c)(2)(C)).
- Authorizes physician applicants to receive a three-year nonrenewable license to work in nonprofit community health centers and requires them to participate in a six-month externship at their place of employment. Specifies that the externship commences after licensure, that the externship ensures the participant is complying with the established standards for quality assurance of nonprofit community health centers and medical practices, and that the externship be affiliated with a medical school in good standing in California. Specifies that nonprofit community health centers employing physician program participants must have medical quality assurance protocols and either be accredited by the Joint Commission on Accreditation of Health Care Organizations (Joint Commission) or have protocols similar to those required by the Joint Commission. Requires protocols to be submitted to MBC prior to the hiring of physicians. (BPC §§ 853 (c)(4) and 853 (c)(6)).
- Requires MBC and the Dental Board of California (DBC) to provide oversight review of program implementation. Requires MBC and DBC to consult with the medical schools and dental schools applying for funding to implement and evaluate this program, executive and medical and dental directors of nonprofit community health centers wanting to employ program participants, and for MBC, hospital administrators who will have these participants practicing in their hospital. Requires MBC and DBC to report to the Legislature every January during which the Mexico Pilot Program is operational regarding the status of the program and the ability of the program to secure the funding necessary to carry out its required provisions. (BPC § 853 (c)(8) and BPC § 853 (d)(8))
- Specifies that any funding necessary for the implementation of the Mexico Pilot Program by MBC and DBC, including the evaluation and oversight functions, shall be secured from nonprofit philanthropic entities. Specifies that implementation of the Mexico Pilot Program by MBC and DBC may not proceed unless appropriate funding is secured from nonprofit philanthropic entities. Authorizes MBC to accept funds from nonprofit philanthropic entities and, upon appropriation in the annual Budget Act, expend funds received from nonprofit philanthropic entities for the Mexico Pilot Program. Authorizes DBC to accept funds from nonprofit philanthropic entities. (Id.)
- Specifies that dentists eligible to participate in the Mexico Pilot Program must complete an orientation program that focuses on practical issues and diagnosis in oral pathology, clinical applications, biomedical sciences, clinical history management, special patient care, sedation techniques and infection control guidelines, all of which must be taught by an instructor affiliated with a California dental school approved by DBC; as well as introduction to health care systems in California and Introduction to community clinic operations. (BPC § 853 (d)(1)(C)(i-x))
- Requires applicants for physician and surgeon licensure by MBC, who graduated from a MBC approved international medical school, to complete two years of Accreditation Council for Graduate Medical Education (ACGME) (U.S.) or Royal College of Physicians and Surgeons of Canada (RCPSC) (Canada) accredited postgraduate training and three years beginning January 1, 2020. (BPC § 2096).
This bill:
- Strikes the six-month timeframe for a required orientation program that participants in the Mexico Pilot Program must complete.
- States that this is an urgency statute necessary to address the urgent shortage of doctors in rural and farmworker communities in California and the consequences to the public health.
FISCAL EFFECT:
Unknown. This bill is keyed fiscal by Legislative Counsel.
COMMENTS:
- Purpose. This bill is sponsored by Clinicas del Valle de Salinas in Monterey County, San Benito Health Foundation in San Benito County, Clinicas de Camino Real in Ventura County, and Altura Community Clinics in Kings County. According to the Author, the 101-hour, seven module orientation curriculum will be spread over a two-month period, rather than a six-month period as the law specifies because “six months is not necessary to cover the material”. The Author notes that “based on the discussions we had with academics at University of Berkeley School of Public Affairs, UC Davis School of Medicine, Long Beach State University, and…UNAM only two months, at the longest, is required for the 30 Mexican doctors selected for this program to effectively process the material covered in the orientation program.”
According to the Author, “we have been concerned that some of the Mexican doctors selected for this program may withdraw from the program should they have to wait another six months to finish the orientation program.” The Author notes that “finding alternates for this program in Mexico is very challenging because of the very high standards that must be met with the O-1 visas we will be utilizing for this program.” The Author states that “the Mexican doctors will be as prepared for practicing in California if the curriculum is spaced over 2-months or 6-months but we will not run the risk of losing the participation of these Mexican physicians.”
According to the Author, “the areas where these 30 Mexican doctors will be treating patients at community health centers are all federally designated either Medically Underserved Areas (MUAs), Medically Underserved Populations (MUPs), or Health Professional Shortage Area (HPSA) or designated all three. These areas have been limited in providing access to comprehensive preventive primary health care services due to the lack of doctors wanting to practice in these areas. This has been the structural problem for these areas for the last 30 years.”
A representative for the bill’s sponsors who indicates that he drafted AB 1045 notes that the original six-month period for the orientation curriculum was not based on anything, stating that “the six-month timeframe was selected arbitrarily and with no consultation with anyone at a medical school. This timeframe was discussed with the CMA at the time to try and address as many of their concerns. It was agreed that it would be six months and we also agreed with the specific areas of orientation the Mexican doctors would need to cover during this time. Those issue areas have not changed since they were agreed to prior to passage of AB 1045. This is the first such orientation program that has ever been developed for the purpose stated in the legislation. There were no guidelines to follow for this orientation program.”
- Mexico Pilot Program. As noted in a Senate Business and Professions Committee analysis in 2002, The Licensed Physicians and Dentists Program established by AB 1045 (Firebaugh, Chapter 1157, Statutes of 2002) was designed to bring physicians and dentists from Mexico who have rural experience, speak the language, understand the culture, and know how to apply this knowledge in serving the large Latino communities in rural areas who have limited or no access to primary health care services. Bill proponents were concerned about addressing primary care physician and dentist shortages while maintaining a high quality of care. The bill authorized up to 30 licensed physicians specializing in family practice, internal medicine, pediatrics, and obstetrics and gynecology and up to 30 licensed dentists from Mexico to practice medicine or dentistry in California for up to three years, and required the individuals to meet certain requirements related to training and education.
During the 2016-2017 sunset review oversight for MBC, committee staff noted “Given access to care issues, particularly those related to residents of rural communities and stemming from language barriers, remain a concern these many years following passage of the bill, it would be helpful for the Committees to understand remaining barriers to program implementation. It would also be helpful for the Committees to understand where program funding will come from and whether statutory changes are necessary to allow MBC to receive funding to implement the program.” In March 2017, MBC advised that “the law expressly states that implementation of this Program shall not proceed unless appropriate funding is secured from nonprofit philanthropic entities. Funding has never been secured for this Program, so it has not yet been implemented. Once funding is secured and other requirements are met, the Board will begin the process of establishing this Program. The Board had meetings last year with interested parties and provided a fiscal estimate of the funding that would be needed to implement the Program from the Board’s perspective, but to the Board’s knowledge, that funding has not yet been secured. In order to implement this Program without funding from nonprofit philanthropic entities, the law would need to be amended to delete this requirement and identify a new funding source.”
AB 1045 tasked MBC with oversight review of both the implementation of the program and an evaluation of the program once it is implemented. The bill specified that any funding necessary for the implementation of the program, including the evaluation and oversight functions, was to be secured from nonprofit philanthropic entities and further stated that implementation of the program could not move forward unless appropriate funding was secured from nonprofit philanthropic entities. To date, MBC has received only a portion of the total cost necessary to implement the program. A letter dated August 10, 2018 to MBC from Clinica del Valle de Salinas indicates that the clinic will provide $232,525 annually through 2020 to fund the Mexico Pilot Program, although the law specifies that MBC may expend funds received from philanthropic entities “upon appropriation in the annual Budget Act”.
Program participants are required to undergo a six-month orientation program approved by MBC addressing medical protocol, community clinic history and operations, medical administration, hospital operations and protocol, medical ethics, the California medical delivery system, health maintenance organizations and managed care practices and pharmacology differences. Physician and surgeon applicants, other than those who would be participants in the Mexico Pilot Program and subject to the requirements outlined in BPC Section 853, are currently required to complete one year of accredited postgraduate training prior to licensure if they attended a medical school in the U.S. or Canada approved by the Liaison Committee on Medical Education (LCME) and two years of accredited postgraduate training if they attended a MBC-approved international medical school. Beginning in 2020, applicants, regardless of school of graduation, must satisfactorily complete a minimum of three years of accredited postgraduate training prior to the issuance of a full unrestricted license to practice.
At its July 27, 2018 meeting, MBC approved the proposed orientation curriculum. According to materials provided to board members, “the course curriculum for the Pilot Program is appropriate in volume and instruction for a six (6) month orientation program pursuant to BPC section 853(c)(2)(B)(i). In addition, the content of the course curriculum meets appropriate California law and medical standards to sufficiently orient a participating physician to practice in California…per the information provided, the distant learning program will commence from August 20, 2018 through February 20, 2019.”
MBC members, in discussing striking the 6-month time frame as proposed by this bill at the same July 27, 2018 meeting, expressed concerns about patient safety, particularly given that participating physicians would be practicing in underserved areas. Members also expressed concerns about a two-tiered system, as the MBC is moving toward individuals having a minimum of postgraduate residency training, and highlighted changes in medical education in California over the years since AB 1045 was passed.
- Arguments in Support. According to the San Benito Health Foundation, “The significance of AB 18 is that it will allow these doctors to begin practicing in California four months earlier. These doctors were interviewed and offered employment by these health centers. Come November 2018 it will have been two years that the doctors have been waiting for this curriculum to be approved. We are very concerned that we may well lose some of the doctors we will be employing if these doctors have to wait until next March or April of next year. Many of these doctors have not accepted permanent employment in Mexico based on their selection for this program.”
- Arguments in Opposition. The Medical Board of California is opposed to this bill writing that the program allows physicians to come into California and practice without postgraduate training in California, “thus the importance of this orientation program. The Board believes that this orientation program should be at least six months long in order to properly educate physicians from Mexico on California’s health care delivery system.”
- Orientation Program Timeframe Inconsistencies in the Mexico Pilot Program. This bill proposes to strike the current orientation length for physicians but does not replace the statutory six-month timeframe with another specified or defined length of time. Dentists are also required to complete an orientation program under BPC section 853 that does not have a requirement for the length of time. Determining the appropriate duration of an orientation appears to rest less on the ability of an individual to mechanically go through the modules in a distance learning program and more on the additional, more nuanced aspect of learning such as asking questions, requesting clarification and thoroughly taking in materials and information provided. Given that the six-month time frame for the physician orientation appears to have been included in AB 1045 arbitrarily and given that there is no time frame defined for the dentist orientation, despite the very specific requirements for what the dentist orientation must focus on, it may be more appropriate for MBC and DBC to determine the appropriate length of a program individuals must complete in order to be adequately prepared to serve California patients. Rather than striking the six-month program length entirely, and in order to avoid future concerns about arbitrary timeframes, the bill should instead specify that physicians and dentists shall complete an orientation program in a timeframe determined by MBC and DBC.
SUPPORT AND OPPOSITION:
Support:
San Benito Health Foundation
Opposition:
Medical Board of California
-- END --
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Mike McGuire, Chair
2017 - 2018 Regular
Bill No: | AB 18 | Hearing Date: | 8/31/17 |
Author: | Eduardo Garcia | Tax Levy: | No |
Version: | 8/30/17 | Fiscal: | Yes |
Consultant: | Grinnell | ||
California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (URGENCY)
Enacts the California Clean Water, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, which places a bond of $3.470 billion before voters at the June 5, 2018, statewide primary election.
Background
When public agencies issue bonds, they borrow money from investors, who provide cash in exchange for the agencies’ commitment to repay the principal amount of the bond plus interest. Bonds are usually either revenue bonds, which repay investors out of revenue generated from the project the agency buys with bond proceeds, or general obligation bonds, which the public agency pays out of general revenues and are guaranteed by its full faith and credit.
Section One of Article XVI of the California Constitution and the state’s General Obligation Bond Law guide the issuance of the state’s general obligation debt. The Constitution allows the Legislature to place general obligation bonds on the ballot for specific purposes with a two-thirds vote of the Assembly and Senate. Voters also can place bonds on the ballot by initiative, as they have for parks, water projects, high-speed rail, and stem cell research, among others. Either way, general obligation bonds must be ratified by majority vote of the state’s electorate. Unlike local general obligation bonds, the state’s electorate doesn’t automatically trigger an increased tax to repay the bonds when they approve a state general obligation bond. Article XVI of the California Constitution commits the state to repay investors from general revenues above all other claims, except payments to public education. California voters approved $38.4 billion of general obligation bonds between 1974 and 1999, but approximately $112 billion since 2000.
Bond acts have standard provisions that authorize the State Treasurer to sell a specified amount of bonds, and generally include several uniform provisions that:
- Establish the state’s obligation to repay them, and pledge its full faith and credit to repayment,
- Set forth issuance procedures, and link the bond act to the state’s General Obligation Bond Law,
- Create a finance committee with specified membership, chaired by the State Treasurer,
- Charge the committee to determine whether it is “necessary or desirable” to issue the bonds, and
- Add other mechanisms necessary for the State Treasurer and the Department of Finance to implement the bond act, including allowing the committee to request a loan from the Pooled Money Investment Board to advance funds for bond-funded programs prior to the bond sale, among others.
In bond acts, the Legislature generally:
- Sets forth categories of projects eligible for bond funds, such as library construction or school facility modernization,
- Chooses an administrative agency to award the funds, such as the State Librarian or the State Allocation Board,
- Details the criteria to guide the administrative agency’s funding in each category,
- Enacts enforcement and audit provisions, and
- Provides for an election to approve the bond act.
Should the voters approve the bond act, the Legislature then appropriates funds to the chosen agencies to fund projects consistent with the criteria, generally as part of the Budget Act. The Department of Finance next surveys agencies to determine need for bond funds based on a project’s readiness, and then asks the Treasurer to sell bonds to fund those projects. After the bond sale, the Department of Finance determines which bond acts and agencies receive bond proceeds.
In recent years, the Legislature has enacted, and voters approved, two bond acts for parks:
- Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Act of 2000, which authorized $2.1 billion in bonds, approved by voters as Proposition 12 (AB 18, Villaraigosa), and
- California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, which authorized $2.6 billion in bonds, approved by voters as Proposition 40 (AB 1602, Keeley),
In addition, voters approved an initiative measure:
- The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, which authorized $5.4 billion in bonds (Proposition 84).
According to the State Treasurer, almost all of the Proposition 12 and 40 bonds have been sold; slightly less than $300,000 hasn’t yet been issued. However, $1.75 billion from Proposition 84 has not yet been issued. Voters also enacted Proposition 1E of 2006 which authorized the sale of $4.09 billion in general obligation bonds for flood control, of which $1.56 remains unissued (AB 140, Nunez, 2006). Additionally, the Legislature enacted, and voters approved, Proposition 1, which authorized $7.1 billion in new bonds for water quality and supply infrastructure (AB 1471, Rendon, 2014). Seeking additional funds for these purposes, the author wants voters to authorize additional general obligation bonds to fund parks, water, and other purposes.
Proposed Law
Assembly Bill 18 enacts the California Clean Water, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, which places a bond of $3.470 billion before voters at the June 5, 2018, statewide primary election. If approved, the measure directs proceeds of bonds issued and sold to be deposited in the California Clean Water, Climate, Coastal Protection, and Outdoor Access for All Fund, which the bill creates in the State Treasury, and allows the Legislature to appropriate funds to the following categories:
- $900 million to the Department of Parks and Recreation (DPR) to create and expand safe neighborhood parks in park-poor communities, in accordance with the competitive grant program in the Statewide Park Development and Community Revitalization Act of 2008 (AB 31, De León, 2008). Of that amount, not less than 20% is available for rehabilitating, repurposing, or substantially improving existing park infrastructure in communities that will lead to enhances park use and enhanced user experiences. Additionally, of this amount, $40 million is available for projects identified by DPR to correct historic underinvestments in the Inland Empire, Gateway, and Desert Communities.
- $570 million to DPR, which includes $425 million is available for local park rehabilitation and improvement grants to local governments on a per capita basis, and $30 million reserved for the Legislature to appropriate to DPR for grants to cities and districts providing park and recreation services with populations of 200,000 or less, but in a county with a population of 500,000 or more. The bill requires a 20% local match unless the entity is a disadvantaged community.
- For the two categories above, 60% of this allocation goes to cities and park districts using a formula provided in the bill, while 40% flows to counties, regional parks and open space districts, open space districts or authorities, and regional open space districts, pursuant to a formula set in the bill.
- The Director of DPR must prepare and adopt criteria and procedures for evaluating applications, which must contain a certification stating that the grant-funded project is consistent with the park and recreation element of the applicable city or county general plan. The Director must annually forward to the Director of Finance for inclusion in the annual Budget Act a statement of the total amounts appropriated each fiscal year under this category. Funds must be encumbered within three years of the effective date of the appropriation.
- $110 million to DPR for grants to regional park districts, counties, regional open-space districts, open-space authorities, and eligible nonprofit organizations on a competitive grant basis to create, expand, improve, rehabilitate, or restore parks and park facilities.
- $5 million to DPR for grants of at least $250,000 awarded proportionally based on population to jurisdictions that have obtained local voter approval between November 1, 2012, and November 30, 2018, for revenue enhancement measures aimed at improving or enhancing local or regional park infrastructure.
- $330 million to DPR to restore and preserve existing state park facilities to preserve and increase public access, and to protect natural, cultural, and historic resources in the parks, including:
- $15 million for enterprise projects that facilitate new or enhanced park use and user experiences and increase revenue generation to support DPR.
- $15 million for grants to local agencies that operate a unit of the State Parks system; however, a 25% local match is required unless the entity is a disadvantaged community.
- $15 million for projects in units of the state parks system operated by nonprofit organizations in operating agreements with DPR.
- $70 million to DPR to address major infrastructure rehabilitation, improve tourism and visitor experiences, and promote the health and safety of units within the system.
- $10 million to implement a Central Valley State Park Program.
- $10 million to implement a Central Coast State Park Program.
- $15 million to implement an East Bay State Park Program.
- $10 million to implement a High Desert-Coachella Valley State Park Program.
- $10 million to implement an Inland Empire State Park Program.
- $15 million to implement a San Diego State Park Program.
- $45 million to the Natural Resources Agency for competitive grants to local agencies, state conservancies, federally recognized Indian tribes, non-federally recognized tribes listed on the California Tribal Consultation List, and nonprofit organizations to provide nonmotorized infrastructure development and enhancements that promote new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments.
- Up to 25% can be made available for communities for innovative transportation programs that provide new and expanded outdoor experiences for disadvantaged youth.
- The bill requires a 20% local match unless the entity is a disadvantaged community.
- $40 million to DPR to administer a competitive grant program for local agencies in nonurbanized areas. The bill requires a 20% local match unless the entity is a disadvantaged community.
- $70 million to the Natural Resources Agency for grants for river parkways and urban creeks under the California River Parkways Act of 2004, with the requirement of a 20% match unless the entity is a disadvantaged community Of that amount:
- $5 million is available for the Lower American River Conservancy Program,
- $5 million for the Guadelupe River and its headwaters or contributing tributaries, contingent on the enactment of future legislation,
- $5 million for the Russian River contingent on the enactment of future legislation,
- $5 million for the Santa Ana River Conservancy,
- $5 million for improvements in and around Clear Lake and its watershed, continent on the enactment of future legislation.
- $100 million to the Natural Resources Agency for project grants for the protection and enhancement of urban creeks.
- $10 million to DPR to implement the Urban Streams Restoration Program.
- $300 million to the Salton Sea Authority for capital outlay projects that provide air quality and habitat benefits, and implement the Salton Sea Management Program. Of this amount, at least $10 million must be spent for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program.
- $30 million to the Natural Resources Agency for competitive grants to cities, counties, regional park districts, regional open-space districts, open-space authorities, conservation-based nonprofit agencies, and joint powers authorities for stormwater capture projects meeting specified criteria.
- $160 million to conservancies, as follows:
- $5 million for the Baldwin Hills Conservancy.
- $20 million for the California Tahoe Conservancy.
- $10 million for the Coachella Valley Mountains Conservancy.
- $10 million for the Sacramento-San Joaquin Delta Conservancy.
- $15 million for the San Diego River Conservancy.
- $30 million for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy.
- $10 million for the San Joaquin River Conservancy.
- $30 million for the Santa Monica Mountains Conservancy.
- $30 million for the Sierra Nevada Conservancy.
- $280 million for projects that enhance and protect coastal and ocean resources in the state, as follows:
- $45 million for the California Ocean Protection Trust Fund for grants.
- $40 million for the San Francisco Bay Area Conservancy Program.
- $95 million to the State Coastal Conservancy.
- $100 million to the Natural Resources Agency to fund projects that improve existing or develop new lower-cost accommodations on coastal lands.
- $635 million for the Legislature to appropriate to plan, develop, and implement climate adaptation and resiliency projects that improve a community’s ability to adapt to climate change. The amount is allocated as follows:
- $40 million for deposit into the California Climate Resilience Account, for projects that assist coastal communities with adaptation to climate change.
- $8 million to the State Coastal Conservancy to fund a conservation program in West Coyote Hills if SB 714 (Newman) or other legislation is enacted.
- $50 million equally divided between the Department of Forestry and Fire Protection and the Sierra Nevada Conservancy for projects that reduce fire risk, improve forest health, or provide feedstock for compost, energy, or alternative fuels.
- $35 million to the California Conservation Corps for projects to rehabilitate or improve parks and restore watersheds.
- $10 million for projects that improve agricultural and open-space soil health, carbon soil sequestration, erosion control, water quality, and water retention.
- $100 million to the Natural Resources Agency to award funding to projects identified by local agencies, nonprofit organizations, nongovernmental land conservation organizations, federally recognized Native American tribes, or tribes not recognized by the federal government but listed in California, for specified purposes.
- $25 million for projects that convert and repurpose brownfield sites and provide low-income, underserved communities in high density neighborhoods access to recreation, and enhance and restore natural areas or habitat.
- $400 million to the Wildlife Conservation Board for grants for climate change adaptation, agricultural viability, wildlife corridors, habitat, or to develop future recreational opportunities, open space corridors and trail linkages, restore rivers and streams to support fisheries and wildlife, projects in wildlife areas pertaining directly to pupils in kindergarten or grades 1 to 12, or enhance drought tolerance and water retention. The Board must develop or update a strategic master plan that identifies priorities and specific criteria for selecting projects, and can only fund activities consistent with the state’s climate adaptation strategy. The amount includes:
- $55 is available for acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that furthers the implementation of Natural Community Conservation Plans.
- $10 million to be administered by the Department of Fish and Wildlife for competitive grants to wildlife rehabilitation activities.
- $40 million for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space.
The bill reserves 20% of total funds for projects serving severely disadvantaged communities, except for coastal protection and climate preparedness, which reserves 15%. The measure allows up to 10% of funding under each Chapter for technical assistance to disadvantaged and small communities. Agencies must operate a multidisciplinary technical assistance program for disadvantaged and small communities. AB 18 defines a “disadvantaged community” as a community with median household income of 80% statewide average, and a “severely disadvantaged community” as one with 60%. The bill defines a “small community” as a city with a population of 25,000 or less, or a county with less than 100,000.
Each state agency receiving funding from the bond act must:
- Develop and adopt project solicitation and evaluation guidelines, which must include monitoring and reporting requirements, unless they’ve previously developed and adopted them. Guidelines must encourage, where feasible, efficient use and conservation of water supplies, use of recycled water, stormwater capture, and provision of safe and reliable drinking water,
- Conduct three public meetings, one each in Northern, Central, and Southern California, to consider public comments before finalizing the guidelines.
- Publish the draft solicitation and evaluation guidelines on its Internet Web site at least 30 days before the public meetings, and
- Submit the guidelines to the Secretary of the Natural Resources Agency.
The Secretary must verify that the guidelines are consistent with applicable statutes and purposes enumerated in this bill, and post an electronic version of the guidelines submitted by state agencies and the subsequent verifications on the Natural Resources Agency’s internet web site. Upon adoption, the bill requires the Secretary to transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature. The Secretary must also publish a list of all bond-funded program and project expenditures pursuant at least annually, in written form, and electronically on the agency’s internet web site in spreadsheet format that contains specified information.
Additionally, the measure requires the Department of Finance to provide for an independent audit of bond expenditures. The California State Auditor or the Controller may conduct a full audit of any or all of the activities of that entity if an audit required above reveals any impropriety. Any state agency issuing a bond-funded grant must require adequate reporting of the expenditures of the funding from the grant.
Wherever feasible, the bill grants a preference for grant projects whose application includes the use of the California Conservation Corps, and a priority to projects that include water efficiencies, stormwater capture, or carbon sequestration features. Funds may not be used to fulfill mitigation requirements imposed by law. Any state agency receiving funds shall seek to achieve wildlife conservation goals through projects on public lands or voluntary projects on private lands.
AB 18 caps the administrative costs at 5% for any grant program. The bill allows up to 10% of funds allocated to each program to be used for necessary planning and monitoring, including feasibility studies and environmental site cleanup that would further the purpose of a project, this percentage can be exceeded for projects in disadvantaged communities if the administering agency determines the need exists. Grant or loan funding may be used to repay specified financing arrangements of nonprofit organizations. Agencies must provide advance payments to projects in disadvantaged communities to initiate the project in a timely manner, subject to additional requirements the agency may adopt to ensure proper use of funds.
The bill also incorporates standard provisions in general obligation bond law, either explicitly or by reference, with some modifications. The measure defines several of its terms, and states findings and declaration made by the people of California supporting its purposes, and contains an urgency clause giving the measure immediate effect if enacted.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. According to the author, “to maintain a thriving economy and high quality of life for California’s growing population the state requires a continuing investment in parks, recreation facilities, and protection of the state’s natural and historical resources. It has been 15 years since California last approved a whole and substantive park bond. The 2008 economic downturn had a disproportionate impact on local, regional and state park infrastructure. Because of this impact, there is a high unmet demand for park investment, as witnessed by the 8-1 ratio of grant application requests vs. available grant dollars for park grants awarded under the AB 31 Statewide Parks Program. Demand has been particularly high in both urban and rural disadvantaged communities where many still lack access to safe parks, trails, and recreation areas. The author notes that according to the Statewide Comprehensive Outdoor Plan of 2015 (SCORP), 38% of Californians still live in areas with less than three acres of parkland per 1,000 population, a recognized standard for adequate parks, and nine million people do not have a park within a half mile of their home. The action plan highlights the need for increasing park access to residents in underserved communities by encouraging park development within a half mile of park deficient neighborhoods, creating new trails and greenways to provide active transportation corridors for commuting, and expanding transportation opportunities to larger parks. TI would also note the findings of the Parks Forward Commission which highlighted the need to prioritize protection of natural and cultural resources for future generations, expand access to parks for underserved communities and younger generations, and to address state park deferred maintenance. Investing in parks and trails will help ensure all Californians have access to safe places to exercise and recreate. Additionally, continued investment in the state’s natural resources and greening of urban areas will help mitigate the impacts of climate change and provide access to natural resources for future generations.”
2. Sixteen tons. Setting the right amount of state general obligation debt is difficult; both the State Treasurer and the Legislative Analyst’s Office state that there’s no correct amount. Instead, experts suggest that states should look at three criteria: affordability, comparability, and optimality.[1]
California currently has $74.2 billion of general obligation and $9.4 billion of lease revenue debt outstanding, which is affordable. The Governor’s 2017 Five-Year Infrastructure Plan states that the Debt Service Ratio, or the ratio between debt service and general fund revenues, as 6.48% in 2016-17 and 6.54% in 2017-18. The State Treasurer calculates a debt service ratio of 5.24% in 2016-17 and 5.01% in 2017-18; the percentages differ because the State Treasurer accounts for offsets of federal government subsidies or transfers from special funds. Annual expenditures on debt service have grown from $2.9 billion in 2000-01 to $7.7 billion in 2016-17. Additionally, 95% of outstanding debt is fixed rate, and the state holds no interest rate swaps or other derivatives. While debt service percentages are reasonable, every dollar spent on debt service reduces the funding that is available for other priorities, and debt service is one of the fastest growing state costs in recent years, according to the Plan. The Plan proposes only $338 million in new general obligation bonds.
California’s comparability to other states is less favorable, but improving. The State Treasurer’s 2016 Debt Affordability Report, issued last October, contains the following chart:
Debt Ratios Of 10 Most Populous States, Ranked By Ratio Of Debt To Personal Income | ||||
State | Moody’s/ S&P/ | Debt to personal income(b) | Debt per capita(b) | Debt as a % |
Texas | Aaa/AAA/AAA | 0.9% | $383 | .54% |
North Carolina | Aaa/AAA/AAA | 1.8% | $721 | 1.5% |
Michigan | Aa1/AA-/AA | 1.8% | $719 | 1.8% |
Florida | Aa1/AAA/AAA | 2.5% | $1,038 | 2.51% |
Pennsylvania | Aa3/AA-/AA- | 2.5% | $1,172 | 2.28% |
Ohio | Aa1/AA+/AA+ | 2.6% | $1,091 | 2.20% |
Georgia | Aaa/AAA/AAA | 2.7% | $1,029 | 2.21% |
California | Aa3/AA-/AA- | 4.7% | $2,323 | 3.94% |
Illinois | Baa2/BBB+/BBB+ | 5.2% | $2,522 | 4.41% |
New York | Aa1/AA+/AA+ | 5.4% | $3,021 | 4.29% |
Moody’s Median All States | 2.5% | $1,025 | 2.21% | |
Median For The 10 Most Populous States | 2.55% | $1,065 | 2.5% | |
(a) Moody’s, Standard & Poor’s, and Fitch Ratings as of August, 2016 (b) Figures as reported by Moody’s in its 2016 State Debt Medians Report released June 2016. As of calendar year end 2014. (c) State GDP numbers have a one-year lag. | ||||
Determining optimality or whether government is investing in the quantity and quality of public capital desired by residents, and financing the appropriate share with debt, is more difficult. LAO recommends that the Legislature consider the Five-Year Infrastructure Plan as a starting point to developing a coordinated approach to infrastructure funding, and establish a committee to focus on statewide infrastructure.
3. The good news. Ratings issued from the three major credit ratings agencies often inform investors and the public regarding the state’s creditworthiness, and assess any investment risk from investing in California general obligation bonds. Ratings agencies Fitch, Standard and Poor’s, and Moody’s praise California’s deep and diverse economy, recent balanced and on-time budgets, reduced budget deficits, and improving reserves and liquidity. However, the agencies also state that California faces challenges: a highly volatile revenue system, constitutionally-imposed governance restrictions, lack of significant reserves, high housing costs that threaten economic growth, minimal prefunding of retiree health care benefits, and a large backlog of maintenance and infrastructure needs, among others. Once considered an outlier, the difference between California bonds and other states as measured by the benchmark 30-year Municipal Market Data Index has tightened from a high of more than 150 basis points at the end of 2009 to around 10 basis points at the end of June 2016. On March 9th, the State Treasurer sold almost $2.8 billion in bonds: new borrowing accounted for $513.2 million, while refunding of existing bonds at lower interest rates totaled $2.279 billion, creating about $295 million in present value savings to taxpayers and $406 million in debt service nominal savings over the remaining lives of the bonds. With interest rates climbing recently, the State Treasurer stated that the sale was a success, with an overall true interest cost was 3.56 percent, and yields ranging from 0.6 percent for the 2017 bonds to 3.9 percent for the 2046 bonds. Additionally, on August 8th, Bloomberg News wrote that California bonds are trading better than bonds from issuers with AAA ratings.
4. The bad news. California has a distinct problem: of the $144 billion in general obligation bonds that voters have authorized, more than $32.4 billion hasn’t been issued yet. The state still hasn’t issued more than $7.5 billion to fund high speed rail, $7.3 billion from the recent Proposition 1 water bond (AB 1471, Rendon, 2014), and $9 billion in education facility bonds (Proposition 51, 2016), among others. While the state has made great progress reducing the amount of authorized but unissued bonds in recent years, many bond-funded projects have not yet received required approvals. As a result, even if the Legislature enacts and the voters approve this measure, as well as some of the other bonds under consideration by the Legislature this year, many of its purposes may have to wait several years for funding as projects funded by previously authorized bonds get up and running.
5. Tax exemption. Ever since the inception of the federal income tax, the federal government has subsidized the cost of state and local agency-issued debt by excluding interest income from tax; the State does the same (Article XIII, Section 26). The tax exemption lowers the cost of capital for government agencies seeking to finance public improvements. However, federal law requires bond proceeds to be used for a public purpose for the tax exemption to apply, namely that less than 10% of the proceeds are used directly or indirectly by a non-governmental entity; or less than 10% of the bond proceeds are secured directly or indirectly by property used in a trade or business. However, municipal bond experts warn that the federal government may be reconsidering allowing this interest exemption: former President Obama proposed limiting the exclusion for higher-income individuals, and most observers believe that the current Congress may pursue broad tax reform which may include ending the exemption.
6. Related Legislation. Six other general obligation bond proposals have been approved by the Committee:
- The Affordable Housing Bond Act of 2018, which the Committee approved at its 3/22 hearing (SB 3, Beall), currently in the Assembly Rules Committee.
- The Goods Movement and Clean Trucks Bond Act (SB 4, Mendoza), which the Committee approved at its 4/19 hearing. The author subsequently amended the measure to delete the Bond Act and insert unrelated provisions.
- The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (SB 5, De Leon), which the Committee approved at its 3/22 hearing. The bill is currently pending in the Assembly Water, Parks, and Wildlife Committee.
- The Higher Education Facilities Bond Act of 2018 (SB 483, Glazer), approved at its 4/26 hearing. The Senate Appropriations Committee held the measure on its suspense file.
- The Salton Sea Obligations Act of 2018 (SB 701, Hueso), approved at its 5/10 hearing. The bill is currently on the Assembly Appropriations Committee’s suspense file.
- The Voting Modernization Bond Act of 2016 (AB 668, Gonzales-Fletcher), The bill is currently on the Assembly Appropriations Committee’s suspense file.
7. Incoming! The Senate Rules Committee ordered a double-referral for AB 18, first to the Senate Committee on Natural Resources and Water, and second to the Committee on Governance and Finance.
8. Urgency. As an urgency statute, AB 18 must be approved by 2/3 vote of each house of the Legislature. Regular legislation takes effect on the January 1 following its passage, but urgency bills take effect as soon as they're passed, signed, and chaptered.
Assembly Actions
Assembly Water, Parks, and Wildlife Committee: 10-5
Assembly Appropriations Committee: 12-5
Assembly Floor: 54-19
Support and Opposition
(8/30/17)
Support: Arroyos and Foothills Conservancy; Asian Pacific Environmental Network; Audobon California; Bear Yuba Land Trust; Big Sur Land Trust; Bolsa Chica Land Trust; California Association of Local Conservation Corps; California Association of Park Districts; California Assoication of Park and Recreation Commissioners and Board Members; California Bicycle Coalition; California League of Conservation Voters; California Park and Recreation Society; California State Parks Foundation; California Waterfowl Association; Carbon Cycle Institute; City of Chula Vista; City of Claremont; Community Nature Connection; East Bay Regional Parks District; Eastern Sierra Land Trust; Environmental Defense Center; Environmental Defense Fund; Environmental Working Group; Friends of Harbors, Beaches, and Parks; Friends of the Los Angeles River; From Lot to Spot; City of Fullerton; City of Glendale; Hills for Everyone; Land Trust of Santa Cruz County; City of Lakewood; Latino Outdoors; League of California Cities; Livermore Area Recreation and Parks District; Town of Mammoth Lake; Marin Carbon Project; Midpeninsula Regional Open Space District; Mono Lake Committee; Mt. San Antonio College; Napa County Regional Park and Open Space District; the Nature Conservancy; OutDoor Afro; Pacific Forest Trust; City of Palo Alto; Pathways for Wildlife; Placer Land Trust; Public Health Advocates; Rails to Trails; Rails to Trails Conservancy; Rancho Simi Recreation and Park District; City of Salinas; San Francisco Parks Alliance; San Francisco Recreation and Parks Department; San Francisco Recreation and Park District; City of San Jose; Santa Clara County Parks; Santa Clara Valley Open Space Authority; Orange County Sanitation District; Sequoia Riverlands Trust; Sierra Business Council; Sierra Cascade Land Trust Council; Sierra Club California; Sierra Foothill Conservancy; Sonoma County Agricultural Preservation and Open Space District; Sonoma County Regional Parks; State Park Partners Coalition; Stewards of the Coast and Redwoods; City of Torrance; TransForm; TreePeople; Trust for Public Land, Watershed Conservation Authority; the Watershed Project; City of Westminster; City of Whittier.
Opposition: Unknown.
-- END --
Robert Wassmer and Ronald Fisher “Debt Burdens of California State and Local Governments: Past, Present and Future.” As requested and supported by the California Debt and Investment Advisory Commission. July 2011. ↑
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Robert Hertzberg, Chair
2017 - 2018 Regular
Bill No: AB 18 Hearing Date: August 31, 2017
Author: | |||
Version: | August 30, 2017 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: California Clean Water, Climate, Coastal Protection, and Outdoor Access For All Act of 2018
BACKGROUND AND EXISTING LAW
- Authorizes the Legislature to pass legislation, by a two-thirds vote, to place a proposed general obligation bond measure before the voters on the statewide ballot, and to authorize the sale of bonds to finance various state purposes. General obligation bonds have been one of the primary methods voters have used to fund the acquisition and improvement of parklands, open space, and wildlife areas; water conservation, recycling and infrastructure projects; and related purposes.
- The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12), a legislative ballot measure approved by the voters in 2000, authorized expenditures of $2.1 billion for parks and other resource related purposes.
- The California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 (Proposition 40), a legislative ballot measure approved by the voters in 2002, authorized $2.6 billion in bond expenditures for parks and other resource related purposes.
- The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 (Proposition 84), an initiative measure approved by the voters in 2006, authorized bond expenditures of $5.4 billion, of which approximately $875 million was for parks.
- Authorizes general obligation bonds which the state pays out of general revenues and that are guaranteed by the state’s full faith and credit.
PROPOSED LAW
This bill enacts the California Parks, Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2016 (Act), which, if approved by the voters, would authorize issuance of state general obligation bonds, to finance parks, water, climate adaptation, coastal protection, and outdoor access programs.
Specifically, this bill:
- States legislative findings and declarations regarding California’s parks, natural resources and outdoor opportunities, and the scale of unmet need and demand for, and lack of equal access to, those resources and activities. Findings and declarations regarding the benefits of investments for these purposes to public health, and to state and local economies are included.
- States that it is the intent of the people of the state that:
- Public investments authorized by this bill provide public benefits and address the most critical statewide needs and priorities.
- Projects that leverage other funding sources are prioritized.
- Projects receiving funding include signage informing the public of the bond investments.
- Includes a number of general provisions that apply to all of the articles included in the Act, including:
- Up to 12.5% of funds in each category are allowed to be used for planning and monitoring. Planning funds for projects in disadvantaged communities can exceed the 10% if needed.
- At least 15% of funds in each article are required to be allocated to severely disadvantaged communities.
- Up to 10% of funds are allowed to go toward technical assistance. Technical assistance may exceed 10% for disadvantaged communities, if needed.
- Small communities are defined as cities of less than 25,000 and counties of less than 100,000.
- Agencies administering the bond are required to develop project solicitation and evaluation guidelines, to conduct three public meetings, and to publish draft guidelines on the internet. These guidelines shall encourage, where feasible, efficient use of water, use of recycled water, capture of storm water, and provision of drinking water to parks and open space.
- The Department of Finance is required to provide for an independent audit of expenditures.
- Unexpended funds revert to the administering entity.
- Projects that use California Conservation Corps services or certified community conservation corps are to be given preference for grants, where feasible.
- Bond funds are prohibited from fulfilling mitigation responsibilities.
- Projects that include water efficiencies, storm water capture, or carbon sequestration features in the project design are allowed to be given priority for grant funding.
- Provisions regarding wildlife conservation are exempted from the provisions regarding disadvantaged communities, for regional and local parks, and trails.
- Conservancies are required to endeavor to fund projects that are complementary and not duplicative of authorized expenditures pursuant to the 2014 water bond.
- The Legislature is authorized to enact legislation necessary to implement programs funded by the bond.
- Funds are authorized to be used by nonprofits to repay financing costs that are consistent with uses authorized by this bond, and up to 25% percent of grant awards are allowed to be used as advance payments.
- The California Parks, Water, Climate, and Coastal Protection and Outdoor Access for All Fund is created.
- Authorizes funds to be available, upon appropriation of the Legislature, for all of the following programs and purposes:
- Article 2. Investments in Environmental and Social Equity, Enhancing California’s Disadvantaged Communities. For the creation and expansion of safe neighborhood parks in park-poor communities, $900 million dollars ($900,000,000), in accordance with the Statewide Park Development and Community Revitalization Act of 2008 competitive grant program [AB 31 (De León), Chapter 623, Statutes of 2008]. At least 20% of this allocation is made available for rehabilitation and improvement of existing park infrastructure, and $40 million ($40,000,000) is made available for historic under-investments in Central Valley, Inland Empire, Gateway, and desert communities.
- Article 3. Investments in Protecting, Enhancing, and Accessing California’s Local and Regional Outdoor Spaces.
- For local park rehabilitation and improvement grants to local governments on a per capita basis, $425 million ($425,000,000). $40 million is available to the Department of Parks and Recreation (DPR) upon appropriation for grants to cities and districts of less than 200,000 population. A 20% local match is required unless the entity is a disadvantaged community. The formula to be used to allocate the per capita funds between cities, districts, counties, and regional park districts, is based on population, including with a minimum county allocation of $400,000.
- $110 million ($110,000,000) for competitive grants to regional park districts, counties, and special districts for regional trails, regional sports complexes, low-cost accommodations in park facilities, and interpretative facilities that serve youth and communities of color.
- Article 4. Restoring California’s Natural, Historic, and Cultural Legacy. To the (DPR) for restoration and preservation of existing state park facilities and units, to preserve and increase public access, and to protect natural, cultural and historic resources in the parks, $330 million ($330,000,000). Of this amount, $15 million ($15,000,000) is available for enterprise projects and $15 million ($15,000,000) is available by the DPR for grants to non-profits that operate a unit of the state park to address urgent restoration needs of aging infrastructure. Of that amount, 33% goes to nonprofits operating a unit in the Inland Empire state park region. Unless a local agency has been identified as a disadvantaged community, a 20 % match is required.
There is a $70 million allocation to state parks regions: $10 million to Central Valley, $10 million to Central Coast, $15 million to East Bay, $10 million to Desert-Coachella Valley, $10 million to Inland Empire, and $15 million to the San Diego region.
d) Article 5. Trails and Greenway Investments. To the Natural Resources Agency for competitive grants to local agencies, conservancies, tribes, and nonprofit organizations for non-motorized access to parks, waterways, or other natural environments, to encourage health-related commuting, $45 million ($45,000,000). Not less than $3 million is required to be available in heavily urbanized areas for projects using abandoned rail corridors. Twenty-five percent of the total for this program is authorized to be made available for innovative transportation programs for disadvantaged youth.
- Article 6. Rural Recreation, Tourism, and Economic Enrichment Investment. For competitive grants to cities, counties and districts in non-urbanized areas, subject to specified considerations, $40 million ($40,000,000). A twenty percent local share match is required, unless the entity is a disadvantaged community.
- Article 7. California River Recreation, Creek, Stormwater, and Water Improvement Program. To the Natural Resources Agency for River Parkway grants, $70 million ($70,000,000) for the following:
- Lower American River Conservancy Program, not less than $5 million ($5,000,000).
- Guadalupe River and its headwaters or contributing tributaries, including Los Gatos Creek, $5 million ($5,000,000).
- Russian River, $5 million ($5,000,000).
- Santa Ana River Conservancy Program, $5 million ($5,000,000).
- Clear Lake and its watershed, including a new management plan, $5 million ($5,000,000).
For appropriation by the Legislature, as follows:
- To the Natural Resources Agency, for protection and enhancement or urban creeks and streams, $100 million ($100,000,000) for the Los Angeles and San Gabriel Rivers, to be divided equally, as specified, and with priority for projects in disadvantaged communities.
- For Urban Stream Programs, $10 million ($10,000,000).
- For the Salton Sea Authority, $300 million ($300,000,000), for projects benefiting the Salton Sea, and not less than $20 million ($20,000,000) for New River projects.
- For competitive grants to cities, counties, regional park districts and other open space districts, for stormwater capture projects that have co-benefits of enhanced park, parkways and open space, $30 million ($30,000,000).
- Article 7.5. State Conservancies. To the following state conservancies and entities, with provisions for each entity to adopt a strategic master plan, $160 million ($160,000,000), with priorities and specific criteria for funding:
- Baldwin Hills Conservancy, $5 million ($5,000,000).
- California Tahoe Conservancy, $20 million ($20,000,000).
- Coachella Mountains Conservancy, $10 million ($10,000,000).
- Sacramento-San Joaquin Delta Conservancy, $10 million ($10,000,000).
- San Diego River Conservancy, $15 million ($15,000,000).
- San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, $30 million ($30,000,000).
- San Joaquin River Conservancy, $10 million ($10,000,000).
- Santa Monica Mountains Conservancy, $30 million ($30,000,000).
- Article 8. Ocean, Bay, and Coastal Protection. For appropriation by the Legislature, $280 million ($280,000,000), to fund projects that enhance and protect coastal and ocean resources as follows:
- California Ocean Protection Trust Fund, $45 million ($45,000,000).
- San Francisco Bay Area Conservancy Program, $40 million ($40,000,000).
- State Coastal Conservancy, $95 million ($95,000,000).
- Natural Resource Agency, $100 million ($100,000,000) to low cost visitor accommodations on coastal public lands.
- Article 9. Climate Preparedness, Habitat Resiliency, Resource Enhancement, and Innovation. For climate adaptation and resiliency projects that improve a community's ability to adapt to climate change, including projects to improve and protect coastal and rural economies, agricultural viability, wildlife corridors, or habitat, develop recreational opportunities, or enhance drought tolerance and water retention, $635 million ($635,000,000), including the following:
- To the Wildlife Conservation Board (WCB) for wildlife corridors, to improve climate change adaptation, and for existing open space corridors and trail linkages, $400 million ($400,000,000), including $55 million for natural community conservation plans; $10 million ($10,000,000) for competitive grants to wildlife rehabilitation facilities operated by nongovernmental entities awarded by the Department of Fish and Wildlife; not less than $40 million ($40,000,000) for restoration and protection of wildlife corridors and open space connectivity, including the Pacific Flyway and, of this amount, $5 million ($5,000,000) is available for the California Waterfowl Habitat Program.
- To the California Climate Resilience Account, for projects to assist coastal communities with climate change adaptation, including sea level rise and ocean acidification, and the Pacific Flyway, $40 million ($40,000,000).
- For projects that improve agricultural and open-space soil health, improve carbon soil sequestration, water quality, and water retention, or to replace inefficient groundwater pumps, $10 million ($10,000,000).
- For projects that reduce fire risk, improve forest health, $50 million ($50,000,000) to be administered by the Department of Forestry and the Sierra Nevada Conservancy.
- For West Coyote Hills to implement SB 714, $8 million ($8,000,000).
- For the California Conservation Corps, to rehabilitate or improve parks, restore watersheds, and improve forest health, $35 million ($35,000,000).
- $10 million to the Department of Conservation for projects that improve agricultural and open space soil health on agricultural lands.
- For the Natural Resources Agency $100 million ($100,000,000) for various categories of projects including protection of Native American cultural sites and resources, repurposing fossil fuel plants to create open space, grants to areas not within the boundaries of state conservancies, science centers, community athletic sites, centers that recognize the contributions of California’s diverse ethnic communities, and visitor centers to provide education about natural landscapes, aquatic species, or wildlife migratory patterns. $25 million shall be made available for projects that convert brownfields in urban areas to recreation.
- Includes related fiscal provisions regarding sales of bonds and implementation of the Act pursuant to the State General Obligation Bond Law. Establishes a finance committee for the bond composed of the Director of Finance, the Treasurer, and the Controller.
- Requires the Secretary of State to submit the bond act to the voters at the June 2018 statewide general election, and includes related instructions regarding preparing ballot pamphlets and statements. Provides that this act shall take effect upon approval by the voters.
ARGUMENTS IN SUPPORT
- The author notes that to maintain a thriving economy and high quality of life for California’s growing population the state requires a continuing investment in parks, recreation facilities, and protection of the state’s natural and historical resources. It has been 15 years since California last approved a whole and substantive park bond. The 2008 economic downturn had a disproportionate impact on local, regional and state park infrastructure. Because of this impact, there is a high unmet demand for park investment, as witnessed by the 8-1 ratio of grant application requests vs. available grant dollars for park grants awarded under the AB 31 Statewide Parks Program.
Demand has been particularly high in both urban and rural disadvantaged communities where many still lack access to safe parks, trails, and recreation areas. The author notes that according to the Statewide Comprehensive Outdoor Plan of 2015 (SCORP), 38% of Californians still live in areas with less than three acres of parkland per 1,000 population, a recognized standard for adequate parks, and nine million people do not have a park within a half mile of their home. The action plan highlights the need for increasing park access to residents in underserved communities by encouraging park development within a half mile of park deficient neighborhoods, creating new trails and greenways to provide active transportation corridors for commuting, and expanding transportation opportunities to larger parks.
The author also notes the findings of the Parks Forward Commission which highlighted the need to prioritize protection of natural and cultural resources for future generations, expand access to parks for underserved communities and younger generations, and to address state park deferred maintenance. Investing in parks and trails will help ensure all Californians have access to safe places to exercise and recreate. Additionally, continued investment in the state’s natural resources and greening of urban areas will help mitigate the impacts of climate change and provide access to natural resources for future generations.
- Supporters are generally grouped into two large categories: (1) local governments and special districts, and (2) nonprofits. They all assert that this bill will provide an important opportunity for California to invest in critically needed park and open space programs while providing climate and habitat resiliency in our natural systems. This bill provides a framework to infuse much needed financial resources into all neighborhood, regional and state parks. Supporters, in general, support the overall framework of the bond, while many emphasize support for particular components. As examples, some supporters highlight support for funding of local parks and recreation, including funding for both park-poor communities, and per capita funding. Several supporters express support for funding of wildlife corridors, coastal and sierra resources, state park deferred maintenance, and for the Wildlife Conservation Board.
ARGUMENTS IN OPPOSITION
Howard Jarvis Taxpayers Association is in opposition based on the increase in debt considering the existing debt load of the state, and it questions whether parks and resources are the best investments for a 30-40 year bond, and whether a parks bond should be the top priority for new bonds.
COMMENTS
Related Legislation: SB 5 (De León) of 2016 proposes to authorize $3.89 billion in bond expenditures, including funding for parks, resources, flood control, and water. It is currently in the Assembly Water Parks and Wildlife Committee and set for a hearing on this same date.
Much of this analysis is based on the work of the Assembly policy and fiscal committees in their respective analyses.
The recent amendments to AB 18 were the author’s first amendments since this measure has been in the Senate. (The Assembly Appropriations Committee added $100 million for low cost visitor accommodations along the coast.) These author’s amendments reflect the input from many different stakeholders, and many members of the Assembly. Some of these amendments may seem familiar since they were included in his earlier bond measure, AB 2444 from 2016. Still other amendments (some of which involve a great deal of new text) were cleanups from Legislative Counsel and are not substantive. The most significant increase in these amendments reflects the author’s commitment to fully funding the restoration effort at the Salton Sea which is facing significant near-term challenges because of the impending loss of agricultural water flows.
Because of the legislative calendar, future amendments may be taken in the Appropriations Committee which is the same situation for the Senate bond, SB 5, which will be referred to the Assembly Appropriations Committee assuming it is passed by the Assembly Water Parks and Wildlife Committee. As the author knows, and as the many stakeholders should know, various changes will likely need to be made on a bicameral basis to whichever bond becomes the single measure that is presented to the voters in June, 2015.
SUPPORT
Arcade Creek Recreation and Park District
Arroyos & Foothills Conservancy
Asian Pacific Environmental network
ASPCA
Auburn Area Recreation and Park District
Bear Yuba Land Trust
Big Sur Land Trust
Bolsa Chica Land Trust
California Association of Local Conservation Corps
California Association of Park & Recreation Commissioners & Board Members
California Association of Recreation and Park Districts
California Bicycle Coalition
California League of Conservation Voters
California Park & Recreation Society
California State Parks Foundation
California Waterfowl Association
Carbon Cycle Institute
City of Chino
City of Chula Vista
City of Claremont
City of Culver City
City of Davis
City of Lakewood
City of Long Beach
City of Los Alamitos
City of Orinda Parks and Recreation Department
City of Poway
City of Selma Recreation and Community Services
City of Tehachapi
City of Torrance
City of Westminster
City of Whittier
Community Nature Connection
David Evans and Associates, Inc.
East Bay Regional Park District
Eastern Sierra Land Trust
Environmental Defense Center
Environmental Defense Fund
Environmental Working Group
Friends of Harbors, Beaches and Parks
Friends of the Los Angeles River
From Lot to Spot
Fulton-el Camino Recreation and Park District
Greenfield Walking Group
Hesperia Recreation and Park District
Hills for Everyone
Land Trust of Santa Cruz County
Latino Outdoors
Livermore Area Recreation and Park District
Marin Carbon Project
Midpeninsula Regional Open Space District
Mono Lake Committee
Napa County Regional Park and Open Space District
National Parks Conservation Association
Nature Conservancy
North County Recreation and Park District
North Highlands Recreation and Park District
OutDoor Afro
Pacific Forest Trust
Pathways for Wildlife
Placer Land Trust
Policy Link
Prevention Institute
Public Health Advocates
Rails to Trails
San Diego Humane Society
San Francisco Parks Alliance
San Francisco Recreation and Park Department
San Francisco Recreation and Park District
San Francisco SPCA
Santa Clara County Parks
Santa Clara Valley Open Space Authority
Sequoia Riverlands Trust
Sierra Business Council
Sierra Cascade Land Trust Council
Sierra Club California
Sierra Foothill Conservancy
Sonoma County Agricultural Preservation and Open Space District
Sonoma County Regional Parks
State Park Partners Coalition
StructureCast
Tahoe City Public Utility District
Tehachapi Valley Recreation and Park District
The Fund for Animals Wildlife Center
The Humane Society of the United States
The Nature Conservancy
The Trust for Public Land
The Watershed Project
Town of Mammoth Lakes Recreation Commission
Town of Moraga Parks and Recreation Department
TransForm
TreePeople
Truckee Donner Land Trust
Water Bond Coalition
Watershed Conservation Authority
5 Individuals
OPPOSITION
Howard Jarvis Taxpayer Association
ASSEMBLY THIRD READING
ATR Bill Id:AB 18
Author:(Eduardo Garcia, et al.)
As Amended Ver:February 23, 2017
2/3 vote. Urgency
Committee | Votes | Ayes | Noes |
Water | 10-5 | Eduardo Garcia, Chu, Friedman, Gloria, Gomez, Levine, Rubio, Salas, Thurmond, Wood | Gallagher, Bigelow, Choi, Harper, Mathis |
Appropriations | 12-5 | Gonzalez Fletcher, Bloom, Bocanegra, Bonta, Calderon, Chau, Eggman, Friedman, Eduardo Garcia, Gray, Muratsuchi, Reyes | Bigelow, Brough, Mathis, Melendez, Obernolte |
SUMMARY: Enacts the California Parks, Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2016, which, if approved by the voters, would authorize issuance of State General Obligation bonds, in the amount of $3.105 billion, to finance parks, water, climate adaptation, coastal protection, and outdoor access programs. Specifically, this bill:
- States legislative findings and declarations regarding California's parks, natural resources and outdoor opportunities, and the scale of unmet need and demand for, and lack of equal access to, those resources and activities. States findings and declarations regarding the benefits of investments for these purposes to public health, and to state and local economies.
- States that it is the intent of the people of the state that:
- Public investments authorized by this bill provide public benefits and address the most critical statewide needs and priorities.
- Priority be given to projects that leverage other funding sources.
- Projects receiving funding include signage informing the public of the bond investments.
- Includes a number of general provisions that apply to all of the articles included in the Act, including:
- Allows up to 12.5% of funds in each category to be used for planning and monitoring. Planning funds for projects in disadvantaged communities can exceed the 10% if needed.
- Requires at least 20% of funds in each article to be allocated to severely disadvantaged communities.
- Allows up to 10% of funds to go toward technical assistance. Technical assistance may exceed 10% for disadvantaged communities if needed.
- Requires agencies administering the bond to develop project solicitation and evaluation guidelines, to conduct three public meetings, and to publish draft guidelines on the internet. These guidelines, where feasible, shall encourage, where feasible, efficient use of water, use of recycled water, and capture of storm water, and provision of drinking water to parks and open-space.
- Requires the Department of Finance to provide for an independent audit of expenditures.
- Reverts unexpended funds to the administering entity.
- Requires projects that use California Conservation Corps services or certified community conservation corps to be given preference for grants where feasible.
- Prohibits bond funds from fulfilling mitigation responsibilities.
- Allows projects that include water efficiencies, storm water capture, or carbon sequestration features in the project design to be given priority for grant funding.
- Exempts the provisions regarding wildlife conservation from the provisions regarding disadvantaged communities, for regional and local parks, and trails.
- Requires conservancies to endeavor to fund projects that are complementary and not duplicative of authorized expenditures pursuant to the 2014 water bond.
- Authorizes the Legislature to enact legislation necessary to implement programs funded by the bond.
- Authorizes funds to be used by nonprofits to repay financing costs that are consistent with this chapter and allows 25% of grant awards as advance payments.
- Creates the California Parks, Water, Climate, and Coastal Protection and Outdoor Access for All Fund.
- Authorizes funds to be available, upon appropriation of the Legislature, for all of the following programs and purposes:
- Article 2. Investments in Environmental and Social Equity, Enhancing California's Disadvantaged Communities. For creation and expansion of safe neighborhood parks in park-poor communities, $900 million dollars, in accordance with the Statewide Park Development and Community Revitalization Act of 2008 competitive grant program [AB 31 (De León), Chapter 623, Statutes of 2008]. At least 20% of this allocation is made available for rehabilitation and improvement of existing park infrastructure, and $40 million is made available for historic under-investments in central valley, Inland Empire, gateway, and desert communities.
- Article 3. Investments in Protecting, Enhancing, and Accessing California's Local and Regional Outdoor Spaces.
- For local park rehabilitation and improvement grants to local governments on a per capita basis, $425 million. $40 million is available to the department upon appropriation for grants to cities and districts of less than 200,000 population. Requires a 20% local match unless the entity is a disadvantaged community. Describes the formula to be used to allocate the per capita funds between cities, districts, counties, and regional park districts, based on population, including with a minimum county allocation of $400,000.
- $110 million for competitive grants to regional park districts, counties, and special districts for regional trails, regional sports complexes, low-cost accommodations in park facilities, and interpretative facilities that serve youth and communities of color.
- Article 4. Restoring California's Natural, Historic, and Cultural Legacy. To the Department of Parks and Recreation (DPR) for restoration and preservation of existing state park facilities and units, to preserve and increase public access, and to protect natural, cultural and historic resources in the parks, $330 million. Of this amount, $15 million is available for enterprise projects and $15 million is available by the department for grants to local agencies that operate a unit of the state park to address urgent restoration needs of aging infrastructure. Specifies that unless a local agency has been identified as a disadvantaged community, a 20 % match is required.
- Article 5. Trails and Greenway Investments. To the Natural Resources Agency for competitive grants to local agencies, conservancies, tribes, and nonprofit organizations for non-motorized access to parks, waterways, or other natural environments, to encourage health-related commuting, $45 million. Authorizes 25% of the total for this program to be made available for innovative transportation programs, for disadvantaged youth.
- Article 6. Rural Recreation, Tourism, and Economic Enrichment Investment. For competitive grants to cities, counties and districts in non-urbanized areas, subject to specified considerations, $40 million. Requires a 20% local share match, unless the entity is a disadvantaged community.
- Article 7. California River Recreation, Creek, Stormwater, and Water Improvement Program. To the Natural Resources Agency for River Parkway grants, $70 million for the following:
- Lower American River Conservancy Program, not less than $5 million.
- Guadalupe River and its headwaters or contributing tributaries, including Los Gatos Creek, $5 million.
- Russian River $5 million.
- Santa Ana River Conservancy Program $5 million.
For appropriation by the Legislature, as follows:
- To the Natural Resources Agency, for protection and enhancement or urban creeks and streams, $90 million for the Los Angeles and San Gabriel Rivers, to be divided equally, as specified, and with priority for projects in disadvantaged communities.
- For Urban Stream Programs, $10 million
- For the Salton Sea Authority, $30 million, for projects benefiting the Salton Sea, and not less than $10 million for New River projects.
- For competitive grants to cities, counties, regional park districts and other open space districts, for stormwater capture projects that have co-benefits of enhanced park, parkways and open space, $25 million.
- Article 7.5. State Conservancies. To the following state conservancies and entities, with provisions to adopt a strategic master plan, $145 million, with priorities and specific criteria for funding:
- Baldwin Hills Conservancy $5 million.
- California Tahoe Conservancy $20 million.
- Coachella Mountains Conservancy $10 million.
- Sacramento-San Joaquin Delta Conservancy $10 million.
- San Diego River Conservancy $15 million.
- San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy $25 million.
- San Joaquin River Conservancy $10 million.
- Santa Monica Mountains Conservancy $25 million.
- Sierra Nevada Conservancy $25 million.
- Article 8. Ocean, Bay, and Coastal Protection. For appropriation by the Legislature, $180 million, to fund projects that enhance and protect coastal and ocean resources as follows:
- California Ocean Protection Trust Fund $45 million.
- San Francisco Bay Area Conservancy Program $40 million.
- State Coastal Conservancy $95 million.
- Article 8.5. Investments in Lower Cost Coastal Accommodations. Provides $100 million to the Natural Resources Agency, upon appropriation by the Legislature, to fund projects that improve existing or develop new, lower cost, accommodations on coastal public lands and coastal lands owned or operated by nonprofit organizations, including parks and open space districts, among others.
- Article 9. Climate Preparedness, Habitat Resiliency, Resource Enhancement, and Innovation. For climate adaptation and resiliency projects that improve a community's ability to adapt to climate change, including projects to improve and protect coastal and rural economies, agricultural viability, wildlife corridors, or habitat, develop recreational opportunities, or enhance drought tolerance and water retention, $600 million, including the following:
- To the Wildlife Conservation Board (WCB) for wildlife corridors, to improve climate change adaptation, and for existing open space corridors and trail linkages, $400 million, including $55 million for natural community conservation plans; $5 million for competitive grants to wildlife rehabilitation facilities operated by nongovernmental entities, by the Department of Fish and Wildlife; not less than $40 million for restoration and protection of wildlife corridors and open space connectivity, including the Pacific Flyway and, of this amount, $5 million is available for the California Waterfowl Habitat Program.
- To the California Climate Resilience Account, for projects to assist coastal communities with climate change adaptation, including sea level rise and ocean acidification, and the Pacific Flyway, $30 million.
- For projects that improve agricultural and open-space soil health, improve carbon soil sequestration, water quality, and water retention, or to replace inefficient groundwater pumps, $10 million.
- For projects that reduce fire risk, improve forest health, and provide feedstock for compost, energy, or alternative fuels facilities, $50 million.
- For the California Conservation Corps, to rehabilitate or improve parks, restore watersheds, and improve forest health, $35 million.
- For the Natural Resources Agency $75 million for various categories of projects including protection of Native American cultural sites and resources, repurposing fossil fuel plants to create open space, grants to areas not within the boundaries of state conservancies, science centers, community athletic sites, centers that recognize the contributions of California's diverse ethnic communities, and visitor centers to provide education about natural landscapes, aquatic species, or wildlife migratory patterns.
- Includes related fiscal provisions regarding sales of bonds and implementation of the Act pursuant to the State General Obligation Bond Law. Establishes a finance committee for the bond composed of the Director of Finance, the Treasurer, and the Controller.
- Requires the Secretary of State to submit the bond act to the voters at the June 2018 statewide general election, and includes related instructions regarding preparing ballot pamphlets and statements. Provides that this act shall take effect upon approval by the voters.
EXISTING LAW:
- Authorizes the Legislature to pass legislation, by a two-thirds vote, to place a proposed general obligation bond measure before the voters on the statewide ballot, to authorize the sale of bonds to finance various state purposes. General obligation bonds have been one of the primary methods voters have used to fund the acquisition and improvement of parklands, open space, and wildlife areas; water conservation, recycling and infrastructure projects; and related purposes.
- The California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 (Proposition 40), a legislative ballot measure approved by the voters in 2002, authorized $2.6 billion in bond expenditures for parks and other resource related purposes.
- The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12), a legislative ballot measure approved by the voters in 2000, authorized expenditures of $2.1 billion for parks and other resource related purposes.
- The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 (Proposition 84), an initiative measure approved by the voters in 2006, authorized bond expenditures of $5.4 billion, of which approximately $875 million was for parks.
- Authorizes general obligation bonds which the state pays out of general revenues and that are guaranteed by the state's full faith and credit.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Annual (General Fund [GF]) principal and interest payments of approximately $198 million.
The state pays principal and interest during the repayment period. Cost will depend on factors such as the actual interest rate paid, the timing of the bond sales (bonds are often sold over a number of years), and the time period over which the bonds are repaid.
Assuming a 5% flat interest rate with a 30-year repayment period, the state would pay about $65 million annually in principal and interest costs for each $1 billion borrowed.
- One-time GF costs of around $220,000 to include the text and analysis of the constitutional and other arguments for and against the measure in the statewide voter information guide.
COMMENTS: This bill proposes to place a park bond on the June 2018 statewide ballot, to fund parks, other outdoor open spaces, waterways, wildlife corridors, climate change adaptation, and other natural resource projects. A major priority focus of this bill is addressing the needs of park-poor and disadvantaged communities. The main categories of funding proposed in the bond are: 1) safe neighborhood parks in park-poor communities; 2) local and regional parks, with funds to be distributed both on a per capita basis (statewide, based on population ratios) and competitively; 3) state parks, with a focus on deferred maintenance in existing parks; 4) trails and waterfront access; 5) rural community recreational needs; 6) river parkways; 7) state conservancies; and 8) wildlife habitat needs, including wildlife corridors and climate change adaptation.
The author notes that, to maintain a thriving economy and high quality of life for California's growing population, the state requires a continuing investment in parks, recreation facilities, and protection of the state's natural and historical resources. It has been 15 years since California last approved a whole and substantive park bond. The 2008 economic downturn had a disproportionate impact on local, regional and state park infrastructure. Because of this impact, there is a high unmet demand for park investment, as witnessed by the 8-1 ratio of grant application requests vs. available grant dollars for park grants awarded under the AB 31 Statewide Parks Program.
Demand has been particularly high in both urban and rural disadvantaged communities where many still lack access to safe parks, trails, and recreation areas. The author notes that according to the Statewide Comprehensive Outdoor Plan of 2015 (SCORP), 38% of Californians still live in areas with less than three acres of parkland per 1,000 population, a recognized standard for adequate parks, and nine million people do not have a park within a half mile of their home. The action plan highlights the need for increasing park access to residents in underserved communities by encouraging park development within a half mile of park deficient neighborhoods, creating new trails and greenways to provide active transportation corridors for commuting, and expanding transportation opportunities to larger parks.
The author also notes the findings of the Parks Forward Commission which highlighted the need to prioritize protection of natural and cultural resources for future generations, expand access to parks for underserved communities and younger generations, and to address state park deferred maintenance. Investing in parks and trails will help ensure all Californians have access to safe places to exercise and recreate. Additionally, continued investment in the state's natural resources and greening of urban areas will help mitigate the impacts of climate change and provide access to natural resources for future generations.
Background: Park and water bonds have been a primary source of state funding for the acquisition and improvement of parks, open space, and wildlife areas in California; and for many water conservation, water recycling, flood management, and water supply needs. Past bond acts have funded a variety of state, regional, and local parks, recreation, conservation, and water-related projects. Bond acts have included funding for support of California's 280 unit state park system, for local and regional parks, for projects to provide public access to the coast and other public lands, and to fund wildlife habitat conservation needs. Bonds have also provided funding for state conservancies and for river restoration projects.
Prior Bond Act History: Since 2000, California voters have approved three park bonds. The last legislatively crafted park bond was Proposition 40, which was approved by the voters 14 years ago in 2002. The six park and/or water-related bonds approved by the voters since 2000 are:
- Proposition 12 (2000-Legislative) Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Act. Total $2.1 billion, including $780 million for local, regional parks primarily through block grants, and $400 million for state parks deferred maintenance and acquisition.
- Proposition 13 (2000-Legislative) Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act. Total $1.97 billion. Proposition13 was primarily a water bond.
- Proposition 40 (2002-Legislative) California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act. Total $2.6 billion, including $964 million for local, regional parks through both block grants and competitive grant awards, and $250 million for state parks deferred maintenance and acquisition.
- Proposition 50 (2002-Initiative) Water Quality, Supply, and Safe Drinking Water Projects Act. Total, $3.4 billion. Proposition 50 was primarily a water bond.
- Proposition 84 (2006-Initiative) Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act. Total, $5.4 billion, including $457 million for safe neighborhood parks in park-poor and disadvantaged communities and nature centers, and $400 million for state park deferred maintenance and acquisition. Proposition 84 was primarily a water and flood control bond, but also included funding for watershed and ecosystem restoration, and for habitat conservation.
- Proposition 1 (2014-Legislative) Water Quality, Supply, and Infrastructure Improvement Act. Total, $7.12 billion. Proposition 1 was primarily a water bond but also included funding for watersheds and ecosystem restoration.
Assessing unmet needs for park and natural resource investments: To measure the national need for public outdoor recreation facilities and parkland acquisitions at the state and local level, the National Park Service annually, as part of the Land and Water Conservation Fund program, requests each state partner to estimate the total cost of desired outdoor recreation facility development and parklands acquisition projects that cannot be met with available levels of funding. The 2012 report found there was a $3.6 billion total in unmet needs for state and local parks in California in 2011, and $4.9 billion in 2012.
- State Parks: The DPR has estimated the state's backlog of deferred maintenance at state parks alone is over $1.2 billion.
- Local and Regional Parks: The California Park & Recreation Society conducted a survey of local and regional park districts to assess unmet need. Forty-five out of 500 agencies responded to the survey (a 15% to 20% sampling) and estimated a total unmet need of $1.8 billion for local parks.
- Park-Poor and Disadvantaged Communities: The DPR awarded $360 million in competitive grants for safe neighborhood parks in park-poor communities through Proposition 84 and the AB 31 (De León) Statewide Park Program. The DPR reported that they received applications for over $3 billion in funds for the program.
- Rural Communities: While many park-poor communities are located in heavily populated urban areas, many rural communities also are park-poor and economically disadvantaged. As an example, the DPR in 2009 released a report called the Central Valley Vision, which assessed unmet park and recreation needs in the Central Valley. The report found that compared to other California regions, the Central Valley lacks parks for residents and visitors. Major trends, including population growth projected for the region, pointed to the need for significant investment in improving park and recreation access. Projected costs to implement the Central Valley Vision plan were $272 million over 20 years.
- River Parkways, Trails and Active Transportation: The River Parkways Program, including Proposition 50 and Proposition 84 dollars combined, received applications totaling over $700 million for $151 million in awarded funds, a 5 to 1 ratio. The Recreation Trails Program in 2015 was able to fund $8.4 million out of $60 million requested. The Active Transportation Program received grant requests totaling over $1 billion for their first two rounds of funding, of which $300 million in available funding was awarded.
- State Conservancies, Wildlife Corridors, Climate Change Adaptation, and other Natural Resource Needs: The total needs for wildlife habitat conservation, climate change adaptation, and other natural resource needs is unknown. Restoration of the Los Angeles River alone is anticipated to be in the billions of dollars. Proposition 1 provided $100 million for this purpose. The WCB receives a significant portion of its funding from state bond funds, in addition to the Habitat Conservation Fund and the Wildlife Restoration Fund. The Habitat Conservation Fund is set to expire in 2020 unless extended. The WCB's strategic plan indicates that available state bond funds for wildlife habitat from prior bonds are dwindling, and that future bond funds will be needed. Existing bond funds will likely be exhausted by the 2019/20 fiscal year. The WCB estimates the state's five year unmet and unfunded need for prioritized wildlife habitat conservation for the WCB alone at about $864 million. Proposition 1 provided some funding for watershed and ecosystem restoration, both within and outside the Delta. The climate change adaptation needs identified in this bill, such as sea level rise and ocean acidification, are unknown but also significant.
The funding in Proposition 1 for state conservancies was limited to water related needs. Other areas of the state not covered by conservancies also have natural resource conservation needs. For example, the Salton Sea, which is facing significant challenges in the very near future for habitat restoration needs as the Sea recedes. Estimated costs for restoration at the Salton Sea have ranged from $2 billion to $8 billion. Forest management needs throughout the state to reduce wild fire risk and for watershed restoration and maintenance are also significant.
SB 5 (De León) of the current legislative session proposes to authorize $3 billion in bond expenditures, including $1.45 billion for parks. The $1.45 billion is further divided to provide $600 million for safe neighborhood parks in park-poor communities, $80 million for oceans and coastal programs, $30 million for local park rehabilitation, $20 million for rural parks, $25 million for trails programs, and $100 million for state parks. SB 5 also proposes $125 million for river parkways programs, and allocates $75 million of this to the Santa Monica Mountains Conservancy (other funds in this chapter are subject to specified prioritization statewide). Further, $100 million in the approved 2014 Water Bond has not been appropriated due to a continuing debate about the sharing of the Los Angeles River funding between its upper and lower segments. SB 5 provides $1.5 billion to water quality, groundwater protection, integrated watershed funding, and recycled water programs, similar to Proposition 1 (2014).
Supporters assert that this bill will provide an important opportunity for California to invest in critically needed park and open space programs while providing climate and habitat resiliency in our natural systems. This bill provides a framework to infuse much needed financial resources into all neighborhood, regional and state parks. Supporters, in general, support the overall framework of the bond, and emphasize support for particular components. Some supporters highlight support for funding of local parks and recreation, including funding for both park-poor communities, and per capita funding. Several supporters express support for funding of wildlife corridors, coastal and sierra resources, state park deferred maintenance, and for the WCB. With regard to conservancies, some entities support this bill in concept, but point out large portions of the state fall outside of the boundaries of the existing state conservancies, and urge that an allocation be added to the WCB to be used for projects outside the boundaries of the named conservancies. The bill addresses this need by specifying other areas for funding, and by allocating funding outside of the traditional state conservancy boundaries.
Opponents raise concerns about the number of bonds that should be authorized for future state ballots given the state's debt service ratio, and the investment period of local parks.
Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096 FN: 0000016
Date of Hearing: February 22, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 18
Author:(Eduardo Garcia) – As Introduced Ver:December 5, 2016
Policy Committee: | Water, Parks and Wildlife | Vote: | 10 - 5 |
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Urgency: Yes State Mandated Local Program: No Reimbursable: No
SUMMARY:
This urgency bill places the California Clean Water, Climate, and Coastal Protection and Outdoor Access For All Act on the June 5, 2018 ballot, which, if approved by the voters, authorizes the issuance of $3.005 billion in General Obligation (G.O.) bonds to finance clean water, climate adaptation, coastal protection, and outdoor access programs. Specifically, this bill:
- Provides $900 million to the Department of Parks and Recreation (DPR) for investments in safe neighborhood parks in accordance with the Statewide Park Development and Community Revitalization Act, as specified (Article 2).
- Provides $425 million to DPR for local grants to be distributed on a per capita basis, as specified, for the rehabilitation and improvement of existing local parks. Provides $110 million to DPR for competitive local grants to regional park districts, counties and special districts for regional trails, regional sports complexes, and specified facilities (Article 3).
- Provides $330 million to DPR for the restoration and preservation of existing state park facilities and units, as specified (Article 4).
- Provides $45 million to the Natural Resources Agency (NRA) for competitive grants to local agencies, conservancies, tribes and nonprofit organizations for non-motorized access, as specified (Article 5).
- Provides $40 million to DPR for competitive grants for cities and counties in non-urbanized areas, as specified (Article 6).
- Provides $225 million (Article 7) as follows:
- $70 million to NRA for River Parkway grants including $5 million each for the Lower American, Guadalupe, Russian and Santa Ana Rivers.
- $90 million to NRA for the Los Angeles and San Gabriel Rivers, to be divided equally.
- $10 million to the Department of Water Resources (DWR) for the Urban Streams Program.
- $30 million to NRA for the Salton Sea and New River
- $25 million to NRA for local stormwater capture competitive grants.
- Provides $145 million (Article 7.5) to fund state Conservancies as follows:
- $5 million to Baldwin Hills Conservancy
- $20 million to California Tahoe Conservancy
- $10 million to Coachella Mountains Conservancy
- $10 million to Sacramento-San Joaquin Delta Conservancy
- $15 million to San Diego River Conservancy
- $25 million to San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
- $10 million to San Joaquin River Conservancy
- $25 million to Santa Monica Mountains Conservancy
- $25 million to Sierra Nevada Conservancy
- Provides $180 million (Article 8) to fund projects to enhance and protect coastal and ocean resources as follows:
- $45 million to the California Ocean Protection Trust Fund
- $40 million to the San Francisco Bay Area Conservancy Program
- $95 million to the State Coastal Conservancy
- Provides $600 million for climate adaptation and resiliency projects including projects to improve and protect coastal and rural economies, agricultural viability and wildlife corridors (Article 9).
- Allows up to 12.5% of funds to be used for planning and monitoring
- Requires at least 20% of funds in most articles to be allocated for severely disadvantaged communities, as defined.
- Allows up to 10% of funds to be used for technical assistance, more if needed to assist disadvantaged communities.
FISCAL EFFECT:
- Annual GF principal and interest payments of approximately $198 million.
The state pays principal and interest during the repayment period. Cost will depend on factors such as the actual interest rate paid, the timing of the bond sales (bonds are often sold over a number of years), and the time period over which the bonds are repaid.
Assuming a 5% flat interest rate with a 30-year repayment period, the state would pay about $65 million annually in principal and interest costs for each $1 billion borrowed.
- One-time GF costs of around $220,000 to include the text and analysis of the constitutional and other arguments for and against the measure in the statewide voter information guide.
COMMENTS:
- Purpose. According to the author, to maintain a high quality of life for California’s growing population requires the continuing investment in parks, recreation facilities, and the protection of the state’s natural and historical resources.
This bill places a park bond on the June 2018 statewide ballot, to fund parks, outdoor open spaces, waterways, wildlife corridors, climate change adaptation, and other natural resource projects. A major priority focus of this bill is addressing the needs of park-poor and disadvantaged communities.
- Background. Resources G.O. bonds have been the primary source of state funding for the acquisition and improvement of parks, open space, and wildlife, as well as for water conservation, water recycling, flood management, and water supply needs.
Past bond acts have funded a variety of state, regional, and local parks, recreation, conservation, and water-related projects. Bond acts have included funding for support of California’s 280 unit state park system, for local and regional parks, for projects to provide public access to the coast and other public lands, and to fund wildlife habitat conservation needs. Bonds have also provided funding for state conservancies and for river restoration projects. Since 2000, the voters have approved $22.59 billion in water, parks and related resource bonds.
- Affordable Coastal Accommodations. Lower cost accommodations are essential elements of coastal and park access because they enable Californians and visitors from a variety of backgrounds to enjoy California’s beaches and parks. The lack of affordable accommodations remains a barrier to coastal access. To address this issue, the Committee suggests the following amendment:
Article 8.5 Investments in Lower Cost Coastal Accommodations
5888.03 The sum of one hundred million dollars ($100,000,000) shall be available to the Natural Resources Agency, upon appropriation by the Legislature, to fund projects that improve existing or develop new lower cost accommodations on coastal public lands and coastal lands owned or operated by nonprofit organizations, including but not limited to state, regional, local parks, conservancies and lands held by harbor or open-space districts.
- Implementation Issues and Ongoing Discussions. The author continues to work with stakeholders, Members and other interests on funding categories and projects. Additionally, clarifications are necessary as the bill moves forward to ensure successful administration and implementation.
- Similar Legislation. SB 5 (De León) proposes to authorize $3 billion in bond expenditures, including $1.45 billion for parks. This bill is pending in the Senate Natural Resources and Water Committee.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: February 7, 2017
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Eduardo Garcia, Chair
ABPCA Bill Id:AB 18 (
Author:Eduardo Garcia) – As Introduced Ver:December 5, 2016
SUBJECT: California Clean Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2018
SUMMARY: Enacts the California Parks, Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2016, which, if approved by the voters, would authorize issuance of State General Obligation bonds, to finance parks, water, climate adaptation, coastal protection, and outdoor access programs. Specifically, this bill:
- States legislative findings and declarations regarding California’s parks, natural resources and outdoor opportunities, and the scale of unmet need and demand for, and lack of equal access to, those resources and activities. States findings and declarations regarding the benefits of investments for these purposes to public health, and to state and local economies.
- States that it is the intent of the people of the state that:
- Public investments authorized by this bill provide public benefits and address the most critical statewide needs and priorities.
- Priority be given to projects that leverage other funding sources.
- Projects receiving funding include signage informing the public of the bond investments.
- Includes a number of general provisions that apply to all of the articles included in the Act, including:
- Allows up to 12.5% of funds in each category to be used for planning and monitoring. Planning funds for projects in disadvantaged communities can exceed the 10% if needed.
- Requires at least 20% of funds in each article to be allocated to severely disadvantaged communities.
- Allows up to 10% of funds to go toward technical assistance. Technical assistance may exceed 10% for disadvantaged communities if needed.
- Requires agencies administering the bond to develop project solicitation and evaluation guidelines, to conduct three public meetings, and to publish draft guidelines on the internet. These guidelines, where feasible, shall encourage, where feasible, efficient use of water, use of recycled water, and capture of storm water, and provision of drinking water to parks and open-space.
- Requires the Department of Finance to provide for an independent audit of expenditures.
- Reverts unexpended funds to the administering entity.
- Requires projects that use California Conservation Corps services or certified community conservation corps to be given preference for grants where feasible.
- Prohibits bond funds from fulfilling mitigation responsibilities.
- Allows projects that include water efficiencies, storm water capture, or carbon sequestration features in the project design to be given priority for grant funding.
- Exempts the provisions regarding wildlife conservation from the provisions regarding disadvantaged communities, for regional and local parks, and trails.
- Requires conservancies to endeavor to fund projects that are complementary and not duplicative of authorized expenditures pursuant to the 2014 water bond.
- Authorizes the Legislature to enact legislation necessary to implement programs funded by the bond.
- Authorizes funds to be used by nonprofits to repay financing costs that are consistent with this chapter and allows 25% percent of grant awards as advance payments.
- Creates the California Parks, Water, Climate, and Coastal Protection and Outdoor Access for All Fund.
- Authorizes funds to be available, upon appropriation of the Legislature, for all of the following programs and purposes:
- Article 2. Investments in Environmental and Social Equity, Enhancing California’s Disadvantaged Communities. For creation and expansion of safe neighborhood parks in park-poor communities, $900 million dollars ($900,000,000), in accordance with the Statewide Park Development and Community Revitalization Act of 2008 competitive grant program [AB 31 (De León), Chapter 623, Statutes of 2008]. At least 20% of this allocation is made available for rehabilitation and improvement of existing park infrastructure, and $40 million ($40,000,000) is made available for historic under-investments in central valley, Inland Empire, gateway, and desert communities.
- Article 3. Investments in Protecting, Enhancing, and Accessing California’s Local and Regional Outdoor Spaces.
- For local park rehabilitation and improvement grants to local governments on a per capita basis, $425 million ($425,000,000). $40 million is available to the department upon appropriation for grants to cities and districts of less than 200,000 population. Requires a 20% local match unless the entity is a disadvantaged community. Describes the formula to be used to allocate the per capita funds between cities, districts, counties, and regional park districts, based on population, including with a minimum county allocation of $400,000.
- $110 million ($110,000,000) for competitive grants to regional park districts, counties, and special districts for regional trails, regional sports complexes, low-cost accommodations in park facilities, and interpretative facilities that serve youth and communities of color.
- Article 4. Restoring California’s Natural, Historic, and Cultural Legacy. To the Department of Parks & Recreation (DPR) for restoration and preservation of existing state park facilities and units, to preserve and increase public access, and to protect natural, cultural and historic resources in the parks, $330 million ($330,000,000). Of this amount, $15 million ($15,000,000) is available for enterprise projects and $15 million ($15,000,000) is available by the department for grants to local agencies that operate a unit of the state park to address urgent restoration needs of aging infrastructure. Specifies that unless a local agency has been identified as a disadvantaged community, a 20 % match is required.
d) Article 5. Trails and Greenway Investments. To the Natural Resources Agency for competitive grants to local agencies, conservancies, tribes, and nonprofit organizations for non-motorized access to parks, waterways, or other natural environments, to encourage health-related commuting, $45 million ($45,000,000). Authorizes 25% of the total for this program to be made available for innovative transportation programs, for disadvantaged youth.
- Article 6. Rural Recreation, Tourism, and Economic Enrichment Investment. For competitive grants to cities, counties and districts in non-urbanized areas, subject to specified considerations, $40 million ($40,000,000). Requires a 20% local share match, unless the entity is a disadvantaged community.
- Article 7. California River Recreation, Creek, Stormwater, and Water Improvement Program. To the Natural Resources Agency for River Parkway grants, $70 million ($70,000,000) for the following:
- Lower American River Conservancy Program, not less than $5 million ($5,000,000).
- Guadalupe River and its headwaters or contributing tributaries, including Los Gatos Creek, $5 million ($5,000,000).
- Russian River $5 million ($5,000,000).
- Santa Ana River Conservancy Program $5 million ($5,000,000).
For appropriation by the Legislature, as follows:
- To the Natural Resources Agency, for protection and enhancement or urban creeks and streams, $90 million ($90,000,000) for the Los Angeles and San Gabriel Rivers, to be divided equally, as specified, and with priority for projects in disadvantaged communities.
- For Urban Stream Programs, $10 million ($10,000,000).
- For the Salton Sea Authority, $30 million ($30,000,000), for projects benefiting the Salton Sea, and not less than $10 million ($10,000,000) for New River projects.
- For competitive grants to cities, counties, regional park districts and other open space districts, for stormwater capture projects that have co-benefits of enhanced park, parkways and open space, $25 million ($25,000,000).
- Article 7.5. State Conservancies. To the following state conservancies and entities, with provisions to adopt a strategic master plan, $145 million ($145,000,000), with priorities and specific criteria for funding:
- Baldwin Hills Conservancy $5 million ($5,000,000).
- California Tahoe Conservancy $20 million ($20,000,000).
- Coachella Mountains Conservancy $10 million ($10,000,000).
- Sacramento-San Joaquin Delta Conservancy $10 million ($10,000,000).
- San Diego River Conservancy $15 million ($15,000,000).
- San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy $25 million ($25,000,000).
- San Joaquin River Conservancy $10 million ($10,000,000).
- Santa Monica Mountains Conservancy $25 million ($25,000,000).
- State Coastal Conservancy $25 million ($25,000,000).
- Article 8. Ocean, Bay, and Coastal Protection. For appropriation by the Legislature, $180 million ($180,000,000), to fund projects that enhance and protect coastal and ocean resources as follows:
- California Ocean Protection Trust Fund $45 million ($45,000,000).
- San Francisco Bay Area Conservancy Program $40 million ($40,000,000).
- State Coastal Conservancy $95 million ($95,000,000).
- Article 9. Climate Preparedness, Habitat Resiliency, Resource Enhancement, and Innovation. For climate adaptation and resiliency projects that improve a community's ability to adapt to climate change, including projects to improve and protect coastal and rural economies, agricultural viability, wildlife corridors, or habitat, develop recreational opportunities, or enhance drought tolerance and water retention, $600 million ($600,000,000), including the following:
- To the Wildlife Conservation Board (WCB) for wildlife corridors, to improve climate change adaptation, and for existing open space corridors and trail linkages, $400 million ($400,000,000), including $55 million for natural community conservation plans; $5 million ($5,000,000) for competitive grants to wildlife rehabilitation facilities operated by nongovernmental entities, by the Department of Fish and Wildlife; not less than $40 million ($40,000,000) for restoration and protection of wildlife corridors and open space connectivity, including the Pacific Flyway and, of this amount, $5 million ($5,000,000) is available for the California Waterfowl Habitat Program.
- To the California Climate Resilience Account, for projects to assist coastal communities with climate change adaptation, including sea level rise and ocean acidification, and the Pacific Flyway, $30 million ($30,000,000).
- For projects that improve agricultural and open-space soil health, improve carbon soil sequestration, water quality, and water retention, or to replace inefficient groundwater pumps, $10 million ($10,000,000).
- For projects that reduce fire risk, improve forest health, and provide feedstock for compost, energy, or alternative fuels facilities, $50 million ($50,000,000).
- For the California Conservation Corps, to rehabilitate or improve parks, restore watersheds, and improve forest health, $35 million ($35,000,000).
- For the Natural Resources Agency $75 million ($75,000,000) for various categories of projects including protection of Native American cultural sites and resources, repurposing fossil fuel plants to create open space, grants to areas not within the boundaries of state conservancies, science centers, community athletic sites, centers that recognize the contributions of California’s diverse ethnic communities, and visitor centers to provide education about natural landscapes, aquatic species, or wildlife migratory patterns.
- Includes related fiscal provisions regarding sales of bonds and implementation of the Act pursuant to the State General Obligation Bond Law. Establishes a finance committee for the bond composed of the Director of Finance, the Treasurer, and the Controller.
- Requires the Secretary of State to submit the bond act to the voters at the June 2018 statewide general election, and includes related instructions regarding preparing ballot pamphlets and statements. Provides that this act shall take effect upon approval by the voters.
EXISTING LAW:
- Authorizes the Legislature to pass legislation, by a two-thirds vote, to place a proposed general obligation bond measure before the voters on the statewide ballot, to authorize the sale of bonds to finance various state purposes. General obligation bonds have been one of the primary methods voters have used to fund the acquisition and improvement of parklands, open space, and wildlife areas; water conservation, recycling and infrastructure projects; and related purposes.
- The California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 (Proposition 40), a legislative ballot measure approved by the voters in 2002, authorized $2.6 billion in bond expenditures for parks and other resource related purposes.
- The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12), a legislative ballot measure approved by the voters in 2000, authorized expenditures of $2.1 billion for parks and other resource related purposes.
- The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 (Proposition 84), an initiative measure approved by the voters in 2006, authorized bond expenditures of $5.4 billion, of which approximately $875 million was for parks.
- Authorizes general obligation bonds which the state pays out of general revenues and that are guaranteed by the state’s full faith and credit.
FISCAL EFFECT: Unknown
COMMENTS: This bill proposes to place a park bond on the June 2018 statewide ballot, to fund parks, other outdoor open spaces, waterways, wildlife corridors, climate change adaptation, and other natural resource projects. A major priority focus of this bill is addressing the needs of park-poor and disadvantaged communities. The main categories of funding proposed in the bond are: 1) safe neighborhood parks in park-poor communities; 2) local and regional parks, with funds to be distributed both on a per capita basis (statewide, based on population ratios) and competitively; 3) state parks, with a focus on deferred maintenance in existing parks; 4) trails and waterfront access; 5) rural community recreational needs; 6) river parkways; 7) state conservancies; and 8) wildlife habitat needs, including wildlife corridors and climate change adaptation.
- Author’s Statement: The author notes that to maintain a thriving economy and high quality of life for California’s growing population the state requires a continuing investment in parks, recreation facilities, and protection of the state’s natural and historical resources. It has been 15 years since California last approved a whole and substantive park bond. The 2008 economic downturn had a disproportionate impact on local, regional and state park infrastructure. Because of this impact, there is a high unmet demand for park investment, as witnessed by the 8-1 ratio of grant application requests vs. available grant dollars for park grants awarded under the AB 31 Statewide Parks Program.
Demand has been particularly high in both urban and rural disadvantaged communities where many still lack access to safe parks, trails, and recreation areas. The author notes that according to the Statewide Comprehensive Outdoor Plan of 2015 (SCORP), 38% of Californians still live in areas with less than three acres of parkland per 1,000 population, a recognized standard for adequate parks, and nine million people do not have a park within a half mile of their home. The action plan highlights the need for increasing park access to residents in underserved communities by encouraging park development within a half mile of park deficient neighborhoods, creating new trails and greenways to provide active transportation corridors for commuting, and expanding transportation opportunities to larger parks.
The author also notes the findings of the Parks Forward Commission which highlighted the need to prioritize protection of natural and cultural resources for future generations, expand access to parks for underserved communities and younger generations, and to address state park deferred maintenance. Investing in parks and trails will help ensure all Californians have access to safe places to exercise and recreate. Additionally, continued investment in the state’s natural resources and greening of urban areas will help mitigate the impacts of climate change and provide access to natural resources for future generations.
- Background: Park and water bonds have been a primary source of state funding for the acquisition and improvement of parks, open space, and wildlife areas in California; and for many water conservation, water recycling, flood management, and water supply needs. Past bond acts have funded a variety of state, regional, and local parks, recreation, conservation, and water-related projects. Bond acts have included funding for support of California’s 280 unit state park system, for local and regional parks, for projects to provide public access to the coast and other public lands, and to fund wildlife habitat conservation needs. Bonds have also provided funding for state conservancies and for river restoration projects.
a) Prior Bond Act history: Since 2000, California voters have approved three park bonds. The last legislatively crafted park bond was Proposition 40, which was approved by the voters fourteen years ago in 2002. The six park and/or water-related bonds approved by the voters since 2000 are:
Proposition 12 (2000-Legislative) Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Act. Total $2.1 billion, including $780 million for local, regional parks primarily through block grants, and $400 million for state parks deferred maintenance and acquisition.
Proposition 13 (2000-Legislative) Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act. Total $1.97 billion. Proposition13 was primarily a water bond.
Proposition 40 (2002-Legislative) California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act. Total $2.6 billion, including $964 million for local, regional parks through both block grants and competitive grant awards, and $250 million for state parks deferred maintenance and acquisition.
Proposition 50 (2002-Initiative) Water Quality, Supply, and Safe Drinking Water Projects Act. Total, $3.4 billion. Proposition 50 was primarily a water bond.
Proposition 84 (2006-Initiative) Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act. Total, $5.4 billion, including $457 million for safe neighborhood parks in park-poor and disadvantaged communities and nature centers, and $400 million for state park deferred maintenance and acquisition. Proposition 84 was primarily a water and flood control bond, but also included funding for watershed and ecosystem restoration, and for habitat conservation.
Proposition 1 (2014-Legislative) Water Quality, Supply, and Infrastructure Improvement Act. Total, $7.12 billion. Proposition 1 was primarily a water bond but also included funding for watersheds and ecosystem restoration.
b) Assessing Unmet Needs for park and natural resource investments: To measure the national need for public outdoor recreation facilities and parkland acquisitions at the state and local level, the National Park Service annually, as part of the Land and Water Conservation Fund program, requests each state partner to estimate the total cost of desired outdoor recreation facility development and parklands acquisition projects that cannot be met with available levels of funding. The 2012 report found there was a $3.6 billion total in unmet needs for state and local parks in California in 2011, and $4.9 billion in 2012.
State Parks: The DPR has estimated the state’s backlog of deferred maintenance at state parks alone is over $1.2 billion.
Local and Regional Parks: The California Park & Recreation Society conducted a survey of local and regional park districts to assess unmet need. Forty-five out of 500 agencies responded to the survey (a 15% to 20% sampling) and estimated a total unmet need of $1.8 billion for local parks.
Park-Poor and Disadvantaged Communities: The DPR awarded $360 million in competitive grants for safe neighborhood parks in park-poor communities through Proposition 84 and the AB 31 (De León) Statewide Park Program. The DPR reported that they received applications for over $3 billion in funds for the program.
Rural Communities: While many park-poor communities are located in heavily populated urban areas, many rural communities also are park-poor and economically disadvantaged. As an example, DPR in 2009 released a report called the Central Valley Vision, which assessed unmet park and recreation needs in the Central Valley. The report found that compared to other California regions, the Central Valley lacks parks for residents and visitors. Major trends, including population growth projected for the region, pointed to the need for significant investment in improving park and recreation access. Projected costs to implement the Central Valley Vision plan were $272 million over 20 years.
River Parkways, Trails and Active Transportation: The River Parkways Program, including Proposition 50 and Proposition 84 dollars combined, received applications totaling over $700 million for $151 million in awarded funds, a 5 to 1 ratio. The Recreation Trails Program in 2015 was able to fund $8.4 million out of $60 million requested. The Active Transportation Program received grant requests totaling over $1 billion for their first two rounds of funding, of which $300 million in available funding was awarded.
State Conservancies, Wildlife Corridors, Climate Change Adaptation, and other Natural Resource Needs: The total needs for wildlife habitat conservation, climate change adaptation, and other natural resource needs is unknown. Restoration of the Los Angeles River alone is anticipated to be in the billions of dollars. Proposition 1 provided $100 million for this purpose. The WCB receives a significant portion of its funding from state bond funds, in addition to the Habitat Conservation Fund and the Wildlife Restoration Fund. The Habitat Conservation Fund is set to expire in 2020 unless extended. The WCB’s strategic plan indicates that available state bond funds for wildlife habitat from prior bonds are dwindling, and that future bond funds will be needed. Existing bond funds will likely be exhausted by the 2019/20 fiscal year. The WCB estimates the state’s five year unmet and unfunded need for prioritized wildlife habitat conservation for the WCB alone at about $864 million. Proposition 1 provided some funding for watershed and ecosystem restoration, both within and outside the Delta. The climate change adaptation needs identified in this bill, such as sea level rise and ocean acidification, are unknown but also significant.
The funding in Proposition 1 for state conservancies was limited to water related needs. Other areas of the state not covered by conservancies also have natural resource conservation needs. For example, the Cascade Mountains, including Mount Shasta and Mount Lassen, are not covered by a conservancy. Another example of such an area is the Salton Sea, which is facing significant challenges in the very near future for habitat restoration needs as the Sea recedes. Estimated costs for restoration at the Salton Sea have ranged from $2 billion to $8 billion. Forest management needs throughout the state to reduce wild fire risk and for watershed restoration and maintenance are also significant.
c) Issues for Consideration:
Related Legislation: SB 5 (De León) of 2016 proposes to authorize $3 billion in bond expenditures, including $1.45 billion for parks. The $1.45 billion is further divided to provide $600 million for safe neighborhood parks in park-poor communities, $80 million for oceans and coastal programs, $30 million for local park rehabilitation, $20 million for rural parks, $25 million for trails programs, and $100 million for State Parks. SB 5 also proposes $125 million for river parkways programs, and allocates $75 million of this to the Santa Monica Mountains Conservancy (other funds in this chapter are subject to specified prioritization statewide), and does not split funding equally for the upper and lower segments of the Los Angeles River. Further, $100 million in the approved 2014 Water Bond has not been appropriated due to a continuing debate about the sharing of the Los Angeles River funding between its upper and lower segments. SB 5 provides $1.5 billion ($1,500,000,000) to water quality, groundwater protection, integrated watershed funding, and recycled water programs, similar to Proposition 1 (2014).
- Support Arguments: Supporters assert that this bill will provide an important opportunity for California to invest in critically needed park and open space programs while providing climate and habitat resiliency in our natural systems. This bill provides a framework to infuse much needed financial resources into all neighborhood, regional and state parks. Supporters, in general, support the overall framework of the bond, and emphasize support for particular components. Some supporters highlight support for funding of local parks and recreation, including funding for both park-poor communities, and per capita funding. Several supporters express support for funding of wildlife corridors, coastal and sierra resources, state park deferred maintenance, and for the WCB. With regard to conservancies, some entities support this bill in concept, but point out large portions of the state fall outside of the boundaries of the existing state conservancies, and urge that an allocation be added to the WCB to be used for projects outside the boundaries of the named conservancies. The bill addresses this need by specifying other areas for funding, and by allocating funding outside of the traditional state conservancy boundaries.
- Opposition Arguments: None received.
REGISTERED SUPPORT / OPPOSITION:
Support
Arroyos & Foothills Conservancy
Audubon California
Big Sur Land Trust
Bolsa Chica Land Trust
California Association of Local Conservation Corps
California Bicycle Coalition
California League of Conservation Voters
California State Parks Foundation
Carbon Cycle Institute
Environmental Defense Center
Environmental Defense Fund
Environmental Working Group
Friends of Harbors, Beaches and Parks
From Lot to Spot
Hills for Everyone
Land Trust of Santa Cruz County
League of California Cities
Marin Carbon Project
Nature Conservancy, The
Pathways for Wildlife
Rails to Trails
San Francisco Recreation and Park Department
Save the Redwoods League
TransForm
TreePeople
Trust For Public Land, The
Watershed Project, The
Opposition
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Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096
Discussed in Hearing
Senate Standing Committee on Appropriations
Senate Standing Committee on Business, Professions and Economic Development
Senate Standing Committee on Governance and Finance
Senate Standing Committee on Natural Resources and Water
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Water, Parks, and Wildlife
Bill Author
Bill Co-Author(s):