HomeMy WebLinkAboutAGENDA REPORT 2018 0418 CCSA REG ITEM 10E CITY OF MOORPARK, CALIFORNIA
City of Moorpark
of April 18, 2018 Item: 10.E.
ACTION ' 1010 e `eso u ion o
2018-3697
By M. Benson
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
Brian Chong, Assistant to the City Manager
DATE: April 4, 2018 (CC Meeting of 4/18/18)
SUBJECT: Consider a Resolution Supporting Proposition 68 — the Parks,
Environment, and Water Bond
SUMMARY
California voters will consider Proposition 68 as part of the June 5, 2018 Statewide
Direct Primary Election If passed, Proposition 68 would authorize the State of
California to issue $4 billion in bonds to be used for parks, water, climate, and
environmental programs throughout the state Because passage of Proposition 68
would lead to additional funding for parks projects in Moorpark, staff recommends that
the City council adopt a resolution supporting Proposition 68
BACKGROUND AND DISCUSSION
Last year, the state legislature passed, and Governor Brown enacted, Senate Bill
No SB 5, the California Drought, Water, Parks, Climate, Coastal Protection, and
Outdoor Access for All Act of 2018 This referendum bill placed Proposition 68 on the
Statewide Direct Primary Election, to be held on June 5, 2018
Proposition 68 would authorize the State of California to issue $4 billion in bonds to be
used for parks, water, climate, and environmental programs throughout the state A
portion of the bond proceeds used for parks programs would be available to the City for
use within Moorpark While the final amount of funding to be passed through to the City
will depend on the final distribution formulas and the City's ability to successfully apply
for competitive grants funded by the program, staff estimates that the City would receive
funding in the $200,000 range, based on population-based formulas Additional funding
could also be received through competitive grant programs using bond funds The
specific projects and types of projects that could be funded will ultimately depend on the
259
Honorable City Council
April 18, 2018 Regular Meeting
Page 2
guidelines developed by the state that would be generated at the time funds are
dispersed.
Proposition 68 is consistent with Section 4.I of the City Council’s adopted Legislative
Platform, which supports “legislation that makes funds available to refurbish and
improve parks.” The League of California Cities also supports Proposition 68 and
recommends cities support the measure as well.
The attached resolution would affirm the City’s support of Proposition 68.
FISCAL IMPACT
Adopting a resolution supporting Proposition 68 has no direct fiscal impact to the City.
However, staff estimates that passage of Proposition 68 would lead to approximately
$200,000 for future parks and environmental projects in the City.
STAFF RECOMMENDATION
Adopt Resolution No. 2018-____.
Attachment 1 – Draft Resolution No. 2018-___
Attachment 2 – Proposition 68 Text
260
ATTACHMENT 1
RESOLUTION NO. 2018-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, SUPPORTING PROPOSITION
68 ON THE JUNE 2018 BALLOT
WHEREAS, the California State Legislature adopted, and Governor Brown
signed, SB 5, a $4 billion general obligation bond to be placed on the June 2018 ballot
entitled the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor
Access for All Act of 2018; and
WHEREAS, the general obligation bond on the June 2018 ballot has been
enumerated as Proposition 68; and
WHEREAS, SB 5/Proposition 68 represents the first legislatively authorized debt
instrument for parks, resources, and environmental improvements since 2002; and
WHEREAS, investments in California’s urban, suburban, and rural park and
resources-related landscapes promote the notion of community and provide health,
environmental, and aesthetic benefits; and
WHEREAS, cities are eligible for at least $1.69 billion in funding for parks, water,
climate, and environmental programs; and
WHEREAS, SB 5/Proposition 68 contains $200 million in per capita funding to
assist all of California’s communities in underwriting priority park-related improvements;
and
WHEREAS, SB 5/Proposition 68 includes an additional $15 million for grants to
cities and districts in urbanized counties providing park and recreation services within
jurisdictions of 200,000 or less in population; and
WHEREAS, SB 5/Proposition 68 contains an additional $40 million to be made
available in block grant awards for communities that self-tax for park-related
improvements; and
WHEREAS, SB 5/Proposition 68 invests $725 million in grants for the creation
and expansion of safe neighborhood parks in park-poor neighborhoods under the
Statewide Park Development and Community Revitalization Act of 2008; and
WHEREAS, SB 5/Proposition 68 invests no less than $1 billion in California’s
most economically challenged communities, eradicating blight and promoting greater
access to the outdoors and health-related pursuits; and
261
Resolution No. 2018-____
Page 2
WHEREAS, SB 5/Proposition 68 expends $200 million on California’s State Park
system, addressing a greater than $1 billion backlog in deferred maintenance, which will
translate into greater tourism and visitorship opportunities in adjacent communities; and
WHEREAS, SB 5/Proposition 68 invests $30 million in trail network
improvements promoting non-motorized recreational and commuter opportunities
throughout the state; and
WHEREAS, SB 5/Proposition 68 invests hundreds of millions of dollars on other
important investments in resource-related infrastructure including California’s rivers,
coastline, and other waterways; and
WHEREAS, SB 5/Proposition 68 invests hundreds of millions of dollars toward
combatting global warming through investments in urban greening projects and
promoting healthy forests and carbon farming applications; and
WHEREAS, SB 5/Proposition 68 underwrites $250 million in investments to
improve local water systems and provide safe and reliable drinking water to all
Californians; and
WHEREAS, SB 5/Proposition 68 spends $80 million in competitive grants for
treatment and remediation to promote access to safe drinking water in some of
California’s most economically challenged communities; and
WHEREAS, SB 5/Proposition 68 underwrites improvements in the state flood
management systems, armoring the state against calamities that beset the state, such
as the Oroville Dam Spillway Failure in 2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark hereby supports
Proposition 68 on the June 2018 ballot to cause the State of California to issue bonds in
the amount of $4 billion for drought, water, parks, climate, coastal protection, and
outdoor access purposes; and
262
Resolution No. 2018-____
Page 3
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of April, 2018.
__________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Maureen Benson, City Clerk
263
SBS --2-
CHAPTER __ _
An act to add Sections 5096.611 and 75089.5 to, and to add
Division 45 (commencing with Section 80000) to, the Public
Resources Code, and to add Section 79772.5 to the Water Code,
relating to a drought, water, parks, climate, coastal protection, and
outdoor access for all program, by providing the funds necessary
therefor through an election for the issuance and sale of bonds of
the State of California. and for \!J.e:handljng and disposition of those
funds, and declaring· .ih.e ' \lrgency' tHereof, to take effect .. , . , . • I
immediately. · · :
LEGISLATIVE COUNSEL'S DIGEST
SB 5, De Le6n. California Drought, Water, Parks, Climate,
Coastal Protection, and Outdoor Access For All Act of 2018.
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.
Existing la~, the Water ,Quality, • Supply, and Infrastruct~re
Improvement Act of 2014, approved by the voters as Proposition
1 at the Novemt>~r ~1 .j2014, st~[ew~<;l,e g~qeral election, authorizes
the issuance of general obligation bonds 111 the amount of
$7,545,000,000 to finance a water quality, supply, and
infrastructure improvement program. Existing law, the ~afe
Drinking Water, Water Quality and Supply, Flo_o~ ~~ntrol, River
and Coastal Protection Bond Act of 2006, an imtiatJve measure
approved by the voters as Proposition 84 at the November?, ~006,
statewide geiieral election, authorizes the issuance of bonds m the
amount of $5,388,000,000 for the purposes of financmg safe
drinking water, water q11~lity and supply, ftoqd Y?!J.trol, ~natural
resource protection, and· park improvements. Existing law, the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastai'Protf;ctiop '~ct 'of 2002, qpprbve? by. the voters. as
rr,o.pq~\\i~r ~O;.at (hel,\'l;ir\:,h 5, ~~02, ~tatewide pnmary elect10n,
~ufu,.mzes the !Ssuarn;;e ofbon,ds m the amount of $2,600,090:900,
for the P,urpose of financing a program. ror. the acqu,ISit'.Oll,
development, restoration, protection, rehabihtat10n, stabihzat10n,
'
-3-SBS
reconstruction, preservation, and interpretation of park, coastal,
agricultural land, air, and historical resources.
This bill would enact the California Drought, Water, Parks,
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 $4,000,000,000 pursuant to the
State General Obligation Bond Law to finance a drought, water,
parks, climate, coast.al protection, and outdoor access for all
program. The bill, upoµ. voter , approval, .. would reallocate
$100,000,000 of the uni~sued bqn9s author1zed for the purposes
of Propositions 1, 40, and 84 to finance the purposes of a drought,
water, parks, climate, coastal protection, and outdoor access for
all program. . . . .
The bill would provide for the subrruss10n of these provis10ns
to the voters at the June 5, 2018, statewide.primary direct election.
This bill would declare that it is to talce effect immediately as
an urgency statute.
The people of the State of California do enact as follows:
SECTION 1. Section 5096.611 is added to the Public Resources
Code, to read: , .
5096.611. Notwithstanding any other law, two million five
hundred fifty-seven thousand dollars ($2,557,000) of the unissued
bonds authorized for the purposes of subdivision (b) of Section
5096.610 and eight hundred thousand dollars ($800,000) of the
unissued bonds authorized for the purposes of subdivisions (b)
and (c) of Section 5096.652 from the amount allocated pursuant
to subdivision (d) of Section 5096.610 are realloca~ed to finance
the purposes of, and shall be authorized, issued_, and appropriated
in accordance with, Division 45 (commencmg with Section 80000).
SEC. 2.. Section 75089 .5 is added t6 tlie Public Resources Code,
to read: . . . . , ,. . .
75089.5. Notwithstanding any other taw, twelve.!J1llhon dollars
($12,000,000) of the uriissJed bonds anthotiz~d Ipr t~~ Pl)rp,ose
of subdivision (a) of Section 7~9.6~, .thrfe hunared fift~e~ th~~~;i_nd
dollars ($315,000) of hie umsslied bonds authonzed fo~ ~lie
purposes of subdivision (b) of Section 75063, and four ~!hon
three hundred twenty-eight thousand dollars ($4,328,000) of the
unissned bonds authorized for the purposes of subdivision (b) of ATTACHMENT 2264
SBS -4-
Section 7 5065 are reallocated to finance the purposes of, and shall
be authorized, issued, and appropriated in accordance with,
Division 45 (commencing with Section 80000).
SEC. 3. Division 45 (commencing with Section 80000) is added
to the Public Resources Code, to read:
DIVISION 45. CALIFORNIA DROUGHT, WATER, PARKS,
CLIMATE, COASTAL PROTECTION, AND OUTDOOR
ACCESS FOR ALL ACT OF 2018
"(
CHAPTER 1, GENERAL PROVISIONS
80000. This division shall be known, and may be cited, as the
California Drought, Water, Parks, Climate, Coastal Protection,
and Outdoor Access For All Act of 2018.
80001. (a) The people of California find and declare all of the
following:
( 1) From California's 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
rich 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,
wildlife, 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 and improve parks and recreation
areas, and to create trail networks that provide acc.ess from
neighborhoods to parks, wildlife, and recreational opportunities,
will help ensure all Californians have access to safe places to
exercise and enjoy recreational activities.
(5) The California Center for PublicHe,alth 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
-5-SBS
savings. Investments in infrastructure improvements such as bildng
and walking trails and pathways, whether in urban or natural areas,
are cost-effective ways to promote physical activity.
(6) Continued investments in the state's parks, wildlife and
ecological areas, trails, and natural resources, and greening urban
areas will help mitigate the effects of climate change, maldng cities
more livable, and will protect California's natural resources for
future generations.
(7) California's 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) California's 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.
(11) California's highly variable hydrology puts at risk the
state's supply of clean and safe water. In recent years, California
has experienced both the state's worst drought and also the wettest
winter in recorded history.
(12) Extreme weather changes such as prolonged drought,
intense heat events, and a changing snowpack are real climate
impacts happening right now in California, and these changes
increase the need to safeguard water supply for the quality of life
for all Californians.
(13) Every Californian should have access to clean, safe, and
reliable drinking water.
(14) California's water infrastructure continues to age and
deteriorate.
(15) Encouraging water. ·conservation and recycling are
commonsense actions to improve California's water future.
(16) Successfully implementing the Sustainable Groundwater
Management Act in collaboration with local government and
communities is a key state priority.
(17) Flooding can devastate communities and infrastructure. 265
SBS -6-
(18) Protecting and restoring lakes, rivers, streams, and the
state's diverse ecosystems is a critical part of the state's water
future and ensures the quality of life for all Californians.
( 19) This division provides funding to implement the California
Water Action Plan.
(20) Periodic investments are needed to protect, restore, and
enhance our natural resources and parks to ensure all Californians
have safe, clean, and reliable drinldng water, prevent pollution and
disruption of our water supplies, prepare for future droughts and
floods, and protect and restore our natural resources for the benefit
and enjoyment of our children and future generations.
(b) It is the intent of the people of California that all of the
following shall occur in the implementation of this division:
( 1) The investment of public funds pursuant to this division 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 division, 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 division will include signage informing the public
that the project received funds from the California Drought, Water,
Parks, 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 that receives moneys
pursuant to this division will provide workforce education and
training, contractor, and job opportunities for disadvantaged
communities.
( 6) To the extent practicable, priority for funding pursuant to
this division will be given to local parks projects that have obtained
all required permits and entitlements and a commitment of
matching funds, if required.
-7-SBS
(7) To the extent practicable, administering entities should
measure or require measurement of greenhouse gas emissions
reductions and carbon sequestrations associated with projects that
receive moneys pursuant to this division.
(8) To the extent practicable, as identified in the "Presidential
Memorandum--Promoting Diversity and Inclusion in Our National
Parks, National Forests, and Other Public Lands and Waters,"
dated January 12, 2017, the public agencies that receive funds
pursuant to this division will consider a range of actions that
include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations,
particularly minority, low-income, and disabled populations and
tribal communities, to increase awareness within those communities
and the public generally about specific programs and opportunities.
(B) Mentoring new environmental, outdoor recreation, and
conservation leaders to increase diverse representation across these
areas.
(C) Creating new partnerships with state, local, tribal, private,
and nonprofit organizations to expand access for diverse
populations.
(D) Identifying and implementing improvements to existing
programs to increase visitation and access by diverse populations,
particularly minority, low-income, and disabled populations and
tribal communities.
(E) Expanding the use of multilingual and culturally appropriate
materials in public communications and educational strategies,
including through social media strategies, as appropriate, that target
diverse populations.
(F) Developing or expanding coordinated efforts to promote
youth engagement and empowerment, including fostering new
partnerships with diversity-serving and youth-serving
organizations, urban areas, and programs.
(G) Identifying possible staff liaisons to diverse populations.
(9) To the extent practicable, priority for grant funding under
this division will be given to a project that advances solutions to
prevent displacement if a potential unintended consequence
associated with park creation pursuant to the project is an increase
in the cost of housing.
80002. As used in this division, the following terms have the
following meanings: 266
SBS -8-
(a) "Committee" means the California Drought, Water, Parks,
Climate, Coastal Protection, and Outdoor Access For All Finance
Committee created by Section 80162.
(b) "Conununity access" means engagement programs, technical
assistance, or facilities that maximize safe and equitable physical
admittance, especially for low-income communities, to natural or
cultural resources, community education, or recreational amenities.
(c) "Conservation actions on private lands" means projects with
willing landowners that involve the adaptive flexible management
or protection of natural resources in response to changing
conditions and threats to habitat and wildlife. The actions may
include the acquisition of conservation interests or fee interests in
the land. These projects 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.
(d) "Department" means the Department of Parks and
Recreation.
(e) "Disadvantaged community" means a community with a
median household income less than 80 percent of the statewide
average.
(f) "Fund" means the California Drought, Water, Parks, Climate,
Coastal Protection, and Outdoor Access For All Fund, created by
Section 80032.
(g) "Heavily urbanized city" means a city with a population of
300,000 or more.
(h) "Heavily urbanized county" means a county with a
population of 3,000,000 or more.
(i) "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.
(j) "Nonprofit organization" means a nonprofit corporation
qualified to do business in California and qualified under Section
50l(c)(3) of the Internal Revenue Code.
(k) "Preservation" means rehabilitation, stabilization, restoration,
conservation, development, and reconstruction, or any combination
of those activities.
-9-· SBS
(I) "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 site
monitoring, acquisition, development, restoration, preservation,
and interpretation.
(m) "Restoration" means the improvement of physical strnctures
or facilities and, in the case of natural systems and landscape
features, includes, but is not limited to, projects for the control of
erosion, stormwater capture and storage or to otherwise reduce
stormwater pollution, the control and elimination of invasive
species, the planting of native species, the removal of waste and
debris, prescribed burning, fuel hazard reduction, fencing out
threats to existing or restored natural resources, road elimination,
improving instream, riparian, or managed wetland habitat
conditions, and other plant and wildlife habitat improvement to
increase the natural system value of the property or coastal or
ocean resource. Restoration also includes activities described in
subdivision (b) of Section 79737 of the Water Code. Restoration
projects shall include the planning, monitoring, and reporting
necessary to ensure successful implementation of the project
objectives.
(n) "Severely disadvantaged community" means a community
with a median household income less than 60 percent of the
statewide average.
80004. An amount that equals not more than 5 percent of the
funds allocated for a grant program pursuant to this division may
be used to pay the administrative costs of that program.
80006. (a) Except as provided in subdivision (b), up to 10
percent of funds allocated for each program funded by this division
may be expended, including, but not limited to, by grants, 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 division. 267
SBS -10-
Monitoring may include measuring greenhouse gas emissions
reductions and carbon sequestration associated with program
expenditures under this division.
(b) Funds used for planning projects that benefit 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.
80008. (a) (1) Except as provided in paragraph (2), at least
20 percent of the funds available pursuant to each chapter of this
division shall be allocated for projects serving severely
disadvantaged communities;
(2) At least 15 percent of the funds available pursuant to Chapter
9 (commencing with Section 80120) and Chapter 10 (commencing
with Section 80130) shall be allocated for projects serving severely
disadvantaged communities.
(b) (1) Except as provided in subdivision ( c ), up to 10 percent
of the funds available pursuant to each chapter of this division may
be allocated for technical assistance to disadvantaged communities.
The agency administering the moneys shall operate a
multidisciplinary technical assistance program for disadvantaged
communities.
(2) 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.
(c) (1) Up to 5 percent of funds available pursuant to each
chapter of this division shall, to the extent permissible under 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 with the concurrence of the Director ·of Finance, be
allocated for community access projects that include, but are not
limited to, the following:
(A) Transportation.
(B) Physical activity programming.
( C) Resource interpretation.
(D) Multilingual translation.
(E) Natural science.
(F) Workforce development and career pathways.
(G) Education.
-11-SBS
(H) Communication related to water, parks, climate, coastal
protection, and other outdoor pursuits.
(2) This subdivision does not apply to Chapter 11.1
(commencing with Section 80141) and Chapter 12 (commencing
with Section 80150).
80010. Before disbursing grants pursuant to this division, each
state agency that receives funding to administer a competitive grant
program under this division 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) For statewide competitive grant programs, 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 division. 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 Agency's Internet Web site. 268
SBS -12-
( d) Upon adoption, transmit copies of the guidelines to the fiscal
committees and the appropriate policy committees of the
Legislature.
( e) Chapter 3 .5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to
the development and adoption of program guidelines and selection
criteria adopted pursuant to this division.
80012. (a) The Department of Finance shall provide for an
independent audit of expenditures pursuant to this division. The
Secretary of the Natural Resources Agency shall publish a list of
all program and project expenditures pursuant to this division not
less than annually, in written form, and shall post an electronic
form of the list on the agency's Internet Web site in a downloadable
spreadsheet format. The spreadsheet shall include information
about the location and footprint of each funded project, the
project's objectives, the status of the project, anticipated outcomes,
any matching moneys provided for the project by the grant
recipient, and the applicable chapter of this division pursuant to
which the grant recipient received moneys.
(b) If an audit, required by statute, of any entity that receives
funding authorized by this division 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 division shall require adequate reporting of the expenditures
of the funding from the grant.
( d) The costs associated with the publications, audits, statewide
bond tracking, cash management, and related oversight activities
provided for in this section shall be funded from this division.
These costs shall be shared proportionally by each program through
this division. Actual costs incurred to administer nongrant programs
authorized by this division shall be paid from the funds authorized
in this division.
80014. If any moneys allocated pursuant to this division 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 agency for allocation
consistent with the applicable chapter.
-13-SBS
80016. To the extent feasible, a project whose application
includes the use of services of the California Conservation Corps
or certified community conservation corps, as defined in Section
14507.5, shall be given preference for receipt of a grant under this
division.
80018. To the extent feasible, a project that includes water
efficiencies, stormwater capture for infiltration or reuse, or carbon
sequestration features in the project design may be given priority
for grant funding under this division.
80020. Moneys allocated pursuant to this division shall not be
used to fulfill any mitigation requirements imposed by law.
80022. (a) To the extent feasible in implementing this division
and except as provided in subdivision (b ), a state agency receiving
funding under this division shall seek to achieve wildlife
conservation objectives through projects on public lands or
voluntary projects on private lands. Projects on private lands shall
be evaluated based on the durability of the benefits created by the
investment. Funds may be used for payments for the protection or
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 Chapter 2 (commencing with
Section 80050), Chapter 3 (commencing with Section 80060),
Chapter 5 (commencing with Section 80080), Chapter 6
(commencing with Section 80090), Chapter 11 (commencing with
Section 80140), Chapter 11.5 (commencing with Section 80145),
or Chapter 12 (commencing with Section 80150).
80024. A state agency that receives funding to administer a
grant program under this division shall report to the Legislature
by January 1, 2027, on its expenditures pursuant to this division
and the public benefits received from those expenditures.
80026. A state conservancy receiving funding pursuant to this
division shall endeavor to allocate funds that are complementary,
but not duplicative, of authorized expenditures made pursuant to
the Water Quality, Supply, and Infrastructure Improvement Act
of 2014.
80028. Funds provided pursuant to this division, and any
appropriation or transfer of those funds, shall not be deemed to be 269
SBS -14-
a transfer of funds for the purposes of Chapter 9 (commencing
with Section 2780) of Division 3 of the Fish and Game Code.
80030. For grants awarded for projects that serve a
disadvantaged community, the administering entity may 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 shall adopt additional requirements for the
recipient of the grant regarding the use of the advanced payments
to ensure that the moneys are used properly.
80032. (a) The proceeds of bonds issued and sold pursuant to
this division, exclusive of refunding bonds issued and sold pursuant
to Section 80172, shall be deposited in the California Drought,
Water, Parks, Climate, Coastal Protection, and Outdoor Access
For All Fund, which is hereby created in the State Treasury.
(b) Proceeds of bonds issued and sold pursuant to this division
shall be allocated according to the following schedule:
(1) Two billion eight hundred thirty million dollars
($2,830,000,000) for purposes of Chapter 2 (commencing with
Section 80050), Chapter 3 (commencing with Section 80060),
Chapter 4 (commencing with Section 80070), Chapter 5
(commencing with Section 80080), Chapter 6 (commencing with
Section 80090), Chapter 7 (commencing with Section 80100),
Chapter 8 (commencing with Section 80110), Chapter 9
(commencing with Section 80120), and Chapter 10 (commencing
with Section 80130).
(2) Two hundred fifty million dollars ($250,000,000) for Chapter
11 (commencing with Section 80140).
(3) Eighty million dollars ($80,000,000) for Chapter 11.1
(commencing with Section 80141).
( 4) Five hundred fifty million dollars ($550,000,000) for Chapter
11.5 (commencing with Section 80145).
(5) Three hundred ninety million dollars ($390,000,000) for
Chapter 11.6 (commencing with Section 80146).
80034. The Legislature may enact legislation necessary to
implement programs funded by this division.
!
;i
I
i
-15-SBS
CHAPTER 2. INVESTMENTS IN ENVIRONMENTAL AND SOCIAL
EQUITY, ENHANCING CALIFORNIAS DISADVANTAGED
COMMUNITIES
80050 .. (a) The. sum of seven hundred twenty-five million
dollars ($725,000,000) 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 's competitive grant program described
in Chapter 3.3 (commencing with Section 5640) of Division 5.
(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.
( c) The department shall perform its due diligence by conducting
a rigorous prequalification process to determine the fiscal and
operational capacity of a potential grant recipient to manage a
project to do both of the following:
(1) Maximize the project's public benefit.
(2) Implement the project in a timely manner.
80051. Of the amount available pursuant to subdivision (a) of
Section 80050, n·ot less than 20 percent shall be available for the
rehabilitation, repurposing, or substantial improvement of exis~ing
park infrastmcture in communities of the state that will lead to
increased use and enhanced user experiences.
80052. (a) Of the amount available pursuant to subdivision
(a) of Section 80050, to correct historic underinvestments in the
central valley, Inland Empire, gateway, rural, and desert
communities, the sum of forty-eight million dollars ($48,000,000)
shall be available for local park creation and 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 partial or full 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 80050. 270
-
SBS -16-
(b) Of the amount subject to this section, twenty-two million
dollars ($22,000,000) shall be available to the department, upon
appropriation by the Legislature, for grants to desert community
towns in the County of San Bernardino, incorporated after 1990,
with a population estimate of less than 22,000 according to the
United States Census Bureau Population Estimates as of July 1,
2016, that have adopted a master plan as of 2008 that includes
recommendations for the development of public facilities that will
assist in achieving active recreational projects, including aquatic
and fitness centers.
CHAPTER 3. INVESTMENTS IN PROTECTING, ENHANCING, AND
ACCESSING CALIFORNIAS LOCAL AND REGIONAL OUTDOOR SPACES
80060. For purposes of this chapter, "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 of Division 5, any
recreation and park district formed pursuant to Chapter 4
(commencing with Section 5780) of Division 5, 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.
80061. (a) The sum of two hundred million dollars
($200,000,000) 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) The sum of fifteen million dollars ($15,000,000) 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 subdivision, "urbanized county"
means a county with a population of 500,000 or more. An entity
I
I
I
i
I
11
'I
'I
'j
i
I
.I
' .I •!
1)
' :l
:1
:i
:1
!
' ;j
' 'l
Ii
,,
j
I
-17-SBS
eligible to receive funds under this subdivision shall also be eligible
to receive funds available under subdivision (a).
( c) Unless the project has been identified as serving a severely
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.
80062. (a) (1) The department shall allocate 60 percent of the
funds available pursuant to subdivision (a) of Section 80061 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 city's and district's allocation shall be
in the same ratio as the city's or district's population is to the
combined total of the state's 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 l, 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 80061 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 of Division 5. 271
SBS -18-
(2) Each county's allocation under paragraph (1) shall be in the
same ratio that the county's 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 te1Titory 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 80061 to use those funds to supplement
local revenues in existence on the effective date of the act adding
this division. To receive an allocation pursuant to subdivision (a)
of Section 80061, the recipient shall not reduce the amount of
funding otherwise available to be spent on parks or other projects
eligible for funds under this division in its jurisdiction. A one-time
allocation of other funding that has been expended for parks or
other projects, but which is not available on an ongoing basis, shall
not be considered when calculating a recipient's 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.
80063. (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 80061. 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.
-19-SBS
(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.
80065. (a) The sum of thirty million dollars ($30,000,000)
shall be available to the department, upon appropriation by the
Legislature, for grants to regional park districts, counties, and
regional open-space districts, open-space authorities formed
pursuant to Division 26 (commencing with Section 35100), joint
powers authorities, and eligible nonprofi~ organizations. ?n a
competitive grant basis to create, expand, improve, rehab1htate,
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
interpretive 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 multi use trail projects over
single-use trail projects.
(d) Notwithstanding paragraph (a), of the amount subject to this
section, the sum of five million dollars ($5,000,000) shall be
available for projects in units of the state parks system that are
managed by nonprofit organizations that have entered into
operating agreements witl1 the department.
80066. The sum of forty million dollars ($40,000,000) shall
be available to the department, upon appropriation by the
Legislature, for grants, awarded proportionally based on
populations served, to local agencies that have obtained 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. 272
SBS -20-
CHAPTER 4. RESTORING CALIFORNIA'S NATURAL, HISTORIC,
AND CULTURAL LEGACY
80070. The sum of two hundred eighteen million dollars
($218,000,000) shall be available to the department, upon
appropriation by the Legislature, for restoration, preservation, and
protection of existing state park facilities and units. Eligible project
types include, but are not limited to, the following:
(a) Protection of natural resources to provide climate resilience,
water supply, and water quality benefits.
(b) Enhancement of access to state park facilities and units,
including protection and improvement of lands adjacent to state
park facilities to improve access or management efficiency.
(c) The provision of low-cost overnight accommodations in
ways that enhance access and recreational opportunities for
disadvantaged community residents and low-income park visitors.
(d) Implementation of projects that address the department's
backlog of deferred maintenance.
80071. The department, in expending the funding available
under this chapter, 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.
80072. Of the amount made available pursuant to Section
80070, ten million dollars ($10,000,000) 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.
80073. (a) Of the amount made available pursuant to Section
80070, five million dollars ($5,000,000) shall be available for
grants to local agencies that operate a unit of the state park system
to address urgent need for the restoration of aging infrastructure.
(b) For the purpose of awarding a grant under this section, a
local cost share of not less than 25 percent of the total costs of the I
project shall be required. The cost-sharing requirement may be 1:
waived or reduced for a disadvantaged community. · l
8007 4. Of the amount made available pursuant to Section I.
80070, eighteen million dollars ($18,000,000) shall be available .,. ·.
to the Division of Fairs and Expositions of the Department of Food
and Agriculture to provide for facility improvements for county I• I
I
' '
-21-SBS
fairs, district agricultural associations, including the Sixth District
Agricultural Association, as described in Section 4101 of the Food
and Agricultural Code, and the Forty-Fifth District Agricultural
Association, citrus fruit fairs, and the California Exposition and
State Fair.
80075. Of the amount made available pursuant to Section
80070, thirty million dollars ($30,000,000) shall be available to
the department to provide for lower cost coastal accommodation
project development in units of the state park system.
80076. Of the amount made available pursuant to Section
80070, not less than twenty-five million dollars ($25,000,000)
shall be available to the department for the protection, restoration,
and enhancement of the natural resource values of the state park
system, which may include all of the following:
(a) Protection and improvement of water quality and biological
health in streams, aquifers, and estuarine ecosystems.
(b) Protection and restoration of natural resources and
ecosystems representative of California's diverse landscapes,
including landform, habitat, and biological community restoration.
( c) Acquisition, rehabilitation, restoration, protection, and
expansion of wildlife corridors, including projects to improve
connectivity and reduce barriers between habitat areas.
( d) Improvements of native ecosystem resilience and adaptation
to climate change.
( e) Enhancement of the health of redwood forests in order to
accelerate old growth characteristics, maximize carbon
sequestration, improve water quality, and build climate resilience.
(f) Protection and enhancement of tribal cultural resources.
80077. (a) In expending funds made available pursuant to
Section 80070, and giving first priority to the department's criteria
for expenditure of funds for deferred maintenance including
infrastructure needs to protect public safety, the department shall
use best efforts to expend at least ten million dollars ($10,000,000)
in each of the following regions for state park units and properties
deferred maintenance projects and projects that may increase
tourism and visitor experiences in those regions:
( 1) Central Valley, from the City of Sacramento to the base of
the Tehachapi Mountains.
(2) Central Coast.
(3) East Bay. 273
SBS -22-
( 4) County of Imperial and the Coachella Valley.
(5) Inland Empire.
(b) To the extent the department is unable to allocate funds for
parks deferred maintenance in the regions identified in this section,
it shall report to the appropriate policy and fiscal committees of
the Legislature on the reasons it is unable to do so.
CHAPTER 5. TRAILS AND GREENWAY INVESTMENT
80080. (a) The sum of thirty million dollars ($30,000,000)
shall be available to the Natural Resources Agency, worldng 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, joint powers authorities, 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
active transportation 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 projects 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 chapter, 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 of Division 5) 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 of Division 5.
-23-SBS
80081. Unless the project has been identified as serving a
disadv~mtaged conununity, an entity that receives an award under
this chapter shall be required to provide a match of 20 percent.
CHAPTER 6. RURAL RECREATION, TOURISM, AND ECONOMIC
ENRICHMENT INVESTMENT
80090. (a) The sum of twenty-five million dollars
($25,000,000) 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-Z'berg~Harris Urban
Open-Space and Recreation Program Act (Chapter 3.2
(commencing with Section 5620) of Division 5). 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 and low population densities per square mile,
as determined by the department. 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 residential 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 for wildlife viewing, recreation, or
outdoor experiences for youth.
(b) Unless the project has been identified as serving a
disadvantaged community, an entity that receives an award under
this chapter shall be required to provide a match of 20 percent. 274
SB 5 -24-
CHAPTER 7. CALIFORNIA RIVER RECREATION, CREEK, AND
VVATERWAYlMPROVEMENTSPROGRAM
80100. (a) The sum of one hundred sixty-two million dollars
($162,000,000) shall be available, upon appropriation by the
Legislature, for grants pursuant to the California River Parkways
Act of 2004 (Chapter 3.8 (commencing with Section 5750) of :
Division 5) and the Urban Streams Restoration Program pursuant
to Section 7048 of the Water Code. Eligible projects shall include, i
but are not limited to, projects that protect and enhance urban i
creeks. I
(1) (A) Of the amount made available pursuant to this 11
subdivision, thirty-seven million five hundred thousand dollars I'!
($37,500,000) shall be available to the Santa Monica Mountains 'd •I Conservancy. Notwithstanding subdivision (c) of Section 5753, ij
of that amount, fifteen million dollars ($15,000,000) shall be Ji
available for projects within the San Fernando Valley that protect Jl
or enhance the Los Angeles River watershed and its tributaries or '!
headwaters, pursuant to Division 23 (commencing with Section
33000).
(B) Of the amount made available pursuant to this subdivision,
thirty-seven million five hundred thousand dollars ($37,500,000)
shall be available to the San Gabriel and Lower Los Angeles Rivers
and Mountains Conservancy.
(C) Funds allocated pursuant to this paragraph shall be expended
pursuant to Section 79508 of the Water Code and Division 22.8
(commencing with Section 32600) and Division 23 (commencing
with Section 33000).
(2) Of the amount made available pursuant to this subdivision,
sixteen million dollars ($16,000,000) shall be available to the Santa
Ana River Conservancy Program pursuant to Chapter 4.6
(commencing with Section 31170) of Division 21. To the extent
possible, the conservancy shall distribute funds equitably
geographically along the Santa Ana River.
(3) Of the amount made available pursuant to this subdivision,
ten million dollars ($10,000,000) shall be available to the Lower
American River Conservancy Program pursuant to Chapter 10.5
(commencing with Section 5845) of Division 5.
( 4) Of the amount made available pursuant to this subdivision,
three million dollars ($3,000,000) shall be available to the Natural
i
'-1
-25-SBS
Resources Agency for projects supporting the preservation of the
Los Gatos Creek and Upper Guadalupe River Watersheds and the
protection of associated redwoods.
(5) Of the amount made available pursuant to this subdivision,
three million dollars ($3,000,000) shall be available to the Natural
Resources Agency for projects supporting a comprehensive
regional use management plan for the Russian River to reduce
conflict and promote water supply improvements, habitat
restoration and protection, cooperative public recreation, and
commercial activity.
(6) Of the amount made available pursuant to this subdivision,
ten million dollars ($10,000,000) shall be available to the State
Coastal Conservancy for river parkway projects along the Santa
Margarita River in San Diego County.
(7) Of the amount made available pursuant to this subdivision,
five million dollars ($5,000,000) shall be available to the Natural
Resources Agency for improvements in and around Clear Lake
and its watershed that demonstrate a comprehensive local and
regional approach to restoration, public recreation, and management
of the lake and its surrounding resources and recreation areas.
(8) Of the amount made available pursuant to this subdivision,
ten million dollars ($10,000,000) shall be available for purposes
of the California River Parkways Act of 2004 (Chapter 3.8
(conunencing with Section 5750)).
(9) Of the amount made available pursuant to this subdivision,
ten million dollars ($10,000,0(lO) shall be made available to the
Department of Water Resources, upon appropriation by the
Legislature, to implement the Urban Streams Restoration Program,
established pursuant to Section 7048 of the Water Code.
( 10) Of the amount made available pursuant to this subdivision,
twenty million dollars ($20,000,000) shall be available to the
Natural Resources Agency for river parkway projects along the
Los Angeles River in the City of Glendale that include connectivity
to parks and open space in neighboring communities.
(b) Unless the project has been identified as serving a
disadvantaged community, an entity that receives an award under
this chapter 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 275
SBS -26-
proposed by nonprofit organizations, including, but not limited to,
nonprofit land trusts, and grants that may complement a natural
community conservation plan.
-27-SBS
(7) San Joaquin River Conservancy, six million dollars
($6,000,000).
(8) Santa Monica Mountains Conservancy, thirty million dollars
($30,000,000).
(9) Sierra Nevada Conservancy, thirty million dollars
($30,000,000).
(10) State Coastal Conservancy, twenty million dollars
($20,000,000) for grants pursuant to Section 66704.5 of the
Government Code for the purpose of San Francisco Bay restoration
,. in accordance with the San Francisco Bay Restoration Authority
i Act (Title 7.25 (commencing with Section 66700) of the
CHAPTER 8. STATE CONSERVANCY, WILDLIFE CONSERVATION !\' Government Code). Notwithstanding subdivision (e) of Section
BOARD, AND AUTHORITY FUNDING [ 66704.5 of the Government Code, the State Coastal Conservancy
,] shall establish a matching grant requirement for a grant awarded
80110. The sum of seven hundred sixty-seven million dollars Ii pursuant to this paragraph.
8010 l. To the maximum extent feasible, the Natural Resources
Agency is encouraged, when developing guidelines for grants
awarded under this chapter, 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.
($767,000,000) shall be available, upon appropriation by the Ii (c) One hundred thirty-seven million dollars ($137,000,000)
Legislature, as described in this chapter. ii shall be available to the Wildlife Conservation Board.
(a) Thirty million dollars ($30,000,000) shall be available to ' 80111. The amount available to the Wildlife Conservation
the Salton Sea Authority for capital outlay projects that provide Board pursuant to subdivision (c) of Section 80110 is allocated as
air quality and habitat benefits and that implement the Natural follows:
Resources Agency's Salton Sea Management Program. Of this (a) Five million dollars ($5,000,000) shall be available for the
amount, not less than ten million dollars ($10,000,000) shall be development of regional conservation investment strategies that
available to the Salton Sea Authority for purposes consistent with are not otherwise funded pursuant to Section 800 of the Streets
the New River Water Quality, Public Health, and River Parkway and Highways Code or any other law.
Development Program, as described in Section 71103.6. (b) At least fifty-two million dollars ($52,000,000) shall be
(b) One hundred eighty million dollars ($180,000,000) shall be available for the acquisition, development, rehabilitation,
available to the following conservancies according to their restoration, protection, and expansion of habitat that furthers the
governing statutes for their specified purposes in accordance with implementation of natural community conservation plans adopted
the following schedule: pursuant to the Natural Community Conservation Planning Act
(1) Baldwin Hills Conservancy, six million dollars ($6,000,000). (Chapter 10 (commencing with Section 2800) of Division 3 of the
(2) California Tahoe Conservancy, twenty-seven million dollars Fish and Game Code) to help resolve resource conflicts by
($27,000,000). balancing communitywide conservation, planning, and economic
(3) Coachella Valley Mountains Conservancy, seven million activities or other large-scale habitat conservation plans that resolve
dollars ($7,000,000). resource conflicts with provisions for conservation, planning, and
(4) Sacramento-San Joaquin Delta Conservancy, twelve million economic activities. Funding pursuant to this paragraph shall not
dollars ($12,000,000). be used to offset mitigation obligations otherwise required, but
(5) San Diego River Conservancy, twelve million dollars may be used as part of a funding partnership to enhance, expand,
($12,000,000). or augment conservation efforts required by mitigation.
(6) San Gabriel and Lower Los Angeles Rivers and Mountains (c) Up to ten million dollars ($10,000,000) may be granted to
Conservancy, thirty million dollars ($30,000,000). the University of California Natural Reserve System for matching 276
SBS -28-
grants for acquisition of land, construction and development of
research facilities to improve the management of natural lands,
for preservation of California's wildlife resources, and to further i
research related to climate change. The Wildlife Conservation i
j: Board shall establish a matching grant requirement for grants
11
,··1.:··
awarded pursuant to this subdivision.
( d) The remainder of the amount available shall be available to
the Wildlife Conservation Board to provide funding for the ll
following projects: il
(1) Projects to protect and enhance national recreation areas j
! serving heavily urbanized areas or, in coordination with the State
Lands Commission, to acquire an interest in federal public lands
that may be proposed for sale or disposal.
(2) Projects according to the Wildlife Conservation Board's
governing statutes for its specified purposes.
80112. A receiving entity listed in subdivision (b) of Section
80110 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.
80113. Entities, in expending the funding available under this
chapter, shall endeavor, where practical, to partner with cities,
counties, nonprofit organizations, joint powers authorities, and
nongovernmental organizations to acquire open space and create
urban greenway corridors.
80114. (a) Of the amount made available pursuant to Section
80110, two hundred million dollars ($200,000,000) shall be
available to the Natural Resources Agency for implementation of
voluntary agreements that provide multibenefit water quality, water
supply, and watershed protection and restoration for the watersheds
of the state to achieve the objectives of integrating regulatory and
voluntary efforts, implementing an updated State Water Resources
Control Boards' San Francisco Bay/Sacramento-San Joaquin Delta
Estuary Water Quality Control Plan, and ensuring ecological
benefits. Expenditure of funds provided in this section shall be in
accordance with the following:
( 1) For the purposes of this section, watershed restoration
includes activities to fund wetland habitat, salmon, steelhead, and
fishery benefits, improve and restore river health, modernize stream
-29-SBS
crossings, culverts, and bridges, reconnect historical flood plains,
install or improve fish screens, provide fish passages, restore river
channels, restore or enhance riparian, aquatic, and terrestrial
habitat, improve ecological functions, acquire from willing sellers
conservation easements for riparian buffer strips, improve local
watershed management, predation management, hatchery
management, and remove sediment or trash.
(2) For purposes of this section, funds may be used for projects
that measurably enhance streamflows at a time and location
necessary to provide fisheries or ecosystem benefits or
improvements that improve upon existing flow conditions. Project
types that may be eligible include, but are not limited to, water
transactions such as lease, purchase, or exchange, change of use
petitions to benefit fish and wildlife, surface storage to be used to
enhance streamflow, forbearance of water rights, changes in water
management, groundwater storage and conjunctive use, habitat
restoration projects that reshape the stream hydrograph, water
efficiency generally, irrigation efficiency and water infrastructure
improvements that save water and enable reshaping of the stream
hydrograph, reconnecting flood flows with restored flood plains,
and reservoir reoperations both at existing and new storage sites.
(b) The funds authorized by this section shall be available for
direct expenditures and local assistance grants by the Natural
Resources Agency, in consultation with the Department of Fish
and Wildlife, that satisfy all of the following:
(l) Implement voluntary agreements executed by the Department
of Fish and Wildlife with federal and state agencies, local
government, water districts and agencies, and nongovernmental
organizations that improve ecological flows and habitat for species,
create water supply and regulatory certainty for water users, and
foster a collaborative approach to facilitate implementation of the
State Water Resources Control Board's Bay-Delta Water Quality
Control Plan.
(2) Implement a voluntary agreement submitted by the
Department of Fish and Wildlife to the State Water Resources
Control Board on or before June 1, 2018, for consideration.
(3) Implement a voluntary agreement that is of statewide
significance, restores natural aquatic or riparian functions or
wetlands habitat for birds and aquatic species, protects or promotes
the restoration of endangered or threatened species, enhances the 277
SBS -30-
reliability of water supplies on a regional or interregional basis,
and provides significant regional or statewide economic benefits.
( c) Funds provided by this section shall not be expended to pay
the costs of the design, construction, operation, mitigation, or
maintenance of Delta conveyance facilities.
(d) If the Department of Fish and Wildlife submits a voluntary
agreement that satisfies paragraph (2) of subdivision (b ),
unencumbered funds available pursuant to this section to implement
that voluntary agreement shall no longer be available 15 years
after the date the State Water Resources Control Board approves
the submitted agreement, at which point funds remaining available
pursuant to this section shall become available to the Natural
Resources Agency for the purposes of Sections 79732 and 79736
of the Water Code. If no voluntary agreements are submitted on
or before June 1, 2018, any remaining funds shall be available to
the Natural Resources Agency for the purposes of Sections 79732
and 79736 of the Water Code. The Secretary of the Natural
Resources Agency shall ensure an annual reporting of the funds
pursuant to Section 80012.
80115. Of the amount made available pursuant to Section
80110, fifty million dollars ($50,000,000) shall be available to the
Department of Fish and Wildlife for capital improvements that
address the Department of Fish and Wildlife's backlog of deferred
maintenance. Where practical, the Department of Fish and Wildlife
shall partner with nonprofit organizations and nongovernmental
organizations to inform the expenditure of these funds, enhance
visitor experience, and where feasible, increase engagement with
youth and disadvantaged communities.
80116. Of the amount made available pursuant to Section
80110, one hundred seventy million dollars ($170,000,000) shall
be available to the Natural Resources Agency for restoration
activities identified in the Salton Sea Management Program Phase
I: 10 Year Plan, dated March 2017, the final management plan
report, and any subsequent revisions to this plan.
CHAPTER 9. OCEAN, BAY, AND COASTAL PROTECTION
80120. The sum of one hundred seventy-five million dollars
($175,000,000) shall be available, upon appropriation by the
-31-SBS
Legislature, to fund projects that enhance and protect coastal and
ocean resources, as follows:
(a) The sum of thirty-five million dollars ($35,000,000) shall
be available for deposit into the California Ocean Protection Trnst
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
state's system of marine protected areas and sustainable fisheries.
(b) The sum of thirty million dollars ($30,000,000) shall be
available to the State Coastal Conservancy to provide for lower
cost coastal accommodation grants and project development to
public agencies and nonprofit organizations.
(c) The sum of eighty-five million dollars ($85,000,000) shall
be available to the State Coastal Conservancy for the protection
of beaches, bays, wetlands, and coastal watershed resources
pursuant to Division 21 (commencing with Section 31000). This
shall include the acquisition of, or conservation easements on, land
in or adjacent to the California coastal zone with open space,
recreational, biological, cultural, scenic, or agricultural values, or
lands adjacent to marine protected areas, including marine
conservation areas, whose preservation will contribute to the
ecological quality of those marine protected areas. This shall also
include the protection of coastal agricultural resources pursuant
to Section 31150 and projects to complete the California Coastal
Trail pursuant to Section 31408.
(d) Twenty-five percent of the amount available pursuant to
subdivision (c) shall be available to the San Francisco Bay Area
Conservancy Program (Chapter 4.5 (commencing with Section
31160) of Division 21).
(e) The sum of twenty million dollars ($20,000,000) shall be
available to the State Coastal Conservancy for grants and
expenditures for the protection, restoration, and improvement of
coastal forest watersheds, including mimaged forest lands, forest
reserve areas, redwood forests, and other forest types. Eligible
project types shall include projects that improve water quality and
supply, increase coastal watershed storage capacity, reduce fire
risk, provide habitat for fish and wildlife, or improve coastal forest
health.
(f) The sum of five million dollars ($5,000,000) shall be
available to the State Coastal Conservancy for acquisition of 278
SBS -32-
parcels that will allow for protection and restoration of coastal
dune, wetland, upland, and forest habitat associated with estuarine
lagoons and designated wildlife areas.
80121. In implementing Section 80120, the administering entity
may give special consideration to the acquisition of lands that are
in deferred certification areas of local coastal plans or that
complement natural community conservation plans.
CHAPTER 10. CLIMATE PREPAREDNESS, HABITAT RESILIENCY,
RESOURCE ENHANCEMEN1; AND INNOVATION
80130. The sum of four hundred forty-three million dollars
($443,000,000) shall be available, upon appropriation by the
Legislature, as competitive grants for projects that plan, develop,
and implement climate adaptation and resiliency projects. Eligible
projects shall improve a community's ability to adapt to the
unavoidable impacts of climate change, improve and protect coastal
and rural economies, agricultural viability, wildlife corridors, or
habitat, develop future recreational opportunities, or enhance
drought tolerance, landscape resilience, and water retention.
80131. In implementing Section 80130, special consideration
may be given to the acquisition of lands that are in deferred
certification areas of local coastal plans.
80132. (a) Of the amount made available pursuant to Section
80130, eighteen million dollars ($18,000,000) shall be available
to the Wildlife Conservation Board for direct expenditures pursuant
to the Wildlife Conservation Law of 1947 (Chapter 4 (commencing
with Section 1300) of Division 2 of the Fish and Game Code) and
for grants for any of the following:
( 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, the Wildlife Conservation Board shall give priority to
projects that protect wildlife corridors, including 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.
-33-SBS
(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, transportation, or water
infrastructure that provide habitat connectivity and public access
or trails.
(5) Projects for wildlife rehabilitation facilities after consultation
with the Department of Fish and Wildlife.
( 6) Projects to control invasive plants or insects that degrade
wildlife corridors or habitat linkages, inhibit the recovery of
threatened or endangered species, or reduce the climate resilience
of a natural system.
1 (7) Projects to enhance wildlife habitat, recognizing the highly
l variable habitat needs required by fish and wildlife. Eligible
j projects include acquisition of water or water rights from willing
l sellers, acquisition of land that includes water rights or contractual
l rights to water, short-or long-term water transfers and leases,
, projects that provide water for fish and wildlife, projects that
'' improve aquatic or riparian habitat conditions, or projects to benefit
salmon and steelhead.
(8) Implementation of conservation actions and habitat
enhancement actions that measurably advance the conservation
objectives of regional conservation investment strategies approved
,, pursuant to Chapter 9 (commencing with Section 1850) of Division
· 2 of the Fish and Game Code.
(9) Provision of hunting and other wildlife-dependent
recreational opportunities to the public through voluntary
agreement with private landowners,·· including opportunities
pursuant to Section 1572 of the Fish and Game Code.
(b) 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. A matching grant shall not exceed
50 percent of the total cost of the incentive program.
(c) Of the amount made available pursuant to Section 80130,
thirty million dollars ($30,000,000) 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 279
SBS -34--35-SBS
awarding grants pursuant to this subdivision, priority may be given
to projects that protect wildlife corridors. Of the amount described
in this subdivision, ten million dollars ($10,000,000) shall be
available for the California Waterfowl Habitat Program.
I and Cascade Mountains, including forest lands, meadows,
l wetlands, chaparral, and riparian habitat, in order to protect and
I improve water supply and water quality, improve forest health,
l reduce wildfire danger, mitigate the effects of wildfires on water
(d) Of the amount made available pursuant to Section 80130,
not less than twenty-five million dollars ($25,000,000) shall be
available to the Department of Fish and Wildlife for 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 activities
described in subdivision. (b) of Section 79737 of the Water Code,
and restoration and protection of upper watershed forests and
meadow systems that are important for fish and wildlife resources.
Subdivision (f) of Section 79738 of the Water Code applies to this
subdivision. Of the amount available pursuant to this subdivision,
at least five million dollars ($5,000,000) shall be available for
restoration projects in the Klaniath'Trinity watershed for the benefit
of salmon and steelhead. 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.
( e) (1) Of the amount made available pursuant to Section 80130,
not less than sixty million dollars ($60,000,000) shall be available
to the Wildlife Conservation Board for construction, repair,
modification, or removal of transportation or water resources
infrastructure to improve wildlife or fish passage.
(2) Of the amount subjectto paragraph (1), at least thirty million
dollars ($30,000,000) shall be available to the Department of Fish
and Wildlife for restoration of Southern California Steelhead
habitat consistent with the Department of Fish and Wildlife's
Steelhead Restoration and Management Plan and the National
Marine Fisheries Service's Southern California Steelhead Recovery
Plan. Projects that remove significant barriers to steelhead ·
migration and include other habitat restoration and .associated
infrastructure improvements shall be the highest priority.
(f) Of the amount made available pursuant to Section 80130,
not less than sixty million dollars ($60,000,000) shall be available
to the Wildlife Conservation Board for the protection, restoration,
and improvement of upper watershed lands in the Sierra Nevada
quality and supply, increase flood protection, or to protect or restore
".·.1.• riparian or aquatic resources.
. (g) Of the amount made available pursuant to Section 80130,
, at least thirty million dollars ($30,000,000) shall be available to
:l the Department of Fish and Wildlife to improve conditions for fish
l and wildlife in streams, rivers, wildlife i"efuges, wetland habitat
j areas, and estuaries. Eligible projects include acquisition of water
.j from willing sellers, acquisition of land that includes water rights
,, or contractual rights to water, short-or long-term water .transfers
1 orleases, provision of water for fish and wildlife, or improvement
of aquatic or riparian habitat conditions. In implementing this
section, the Department of Fish and Wildlife may provide grants
under the Fisheries Restoration Grant Program with priority given
to coastal waters.
(h) The Wildlife Conservation Board shall update its strategic
master plan that identifies priorities and specific criteria for
selecting projects pursuant to subdivision (a).
(i) Activities funded pursuant to this section shall be consistent
with the state's climate adaptation strategy, as provided in Section
71153, and the statewide objectives provided in Section 71154.
80133. (a) Of the amount made available pursuant to Section
80130, forty million dollars ($40,000,000) shall be available for
deposit into the California Ocean Protection Trust Fund, established
pursuant to Section 35650, 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 habitat restoration and protection,
inducting, but not limited to, the protection of coastal habitat
associated with the Pacific Flyway.
(b) Thirty-five percent of the amount available pursuant to this
section shall be available to the San Francisco Bay Area
Conservancy Program (Chapter 4.5 (commencing with Section
31160) of Division 21).
(c) Twelve percent of the amount available pursuant to this
section shall be availableto the State Coastal Conservancy to fund
a conservation program at West Coyote Hills. 280
SBS -36-
(d) The remainder of the amount available pursuant to this
section shall be available pursuant to Section 31113.
80134. (a) Of the amount made available pursuant to Section
80130, thirty million dollars ($30,000,000) shall be available to
plan, develop, and implement innovative farm and ranch
management practices and protections that improve climate ~
adaptation and resiliency by improving the soil health, carbon i
sequestration, and habitat of California's farm and ranch lands and ~·.·.• •.. '
affiliated habitat, including working lands, open space, or riparian •
corridors, and that increase water retention and absorption, habitat
values, species protection, and economic viability to reduce j
development pressure. ,
(b) Of the amount subject to this section, the sum of ten million '
dollars ($10,000,000) shall be available to the Department of Food
and Agriculture for grants to promote practices on farms and
ranches that improve agricultural and open-space soil health, carbon
soil sequestration, erosion control, water quality, and water
retention.
( c) ( 1) Of the amount subject to this section, the sum of twenty
million dollars ($20,000,000) shall be available to the Department
of Conservation to protect, restore, or enhance working lands and
riparian corridors through conservation easements or other
conservation actions, including actions pursuant to Section 9084
and the CaliforniaFannland Conservancy Program (Division 10.2
(commencing with Section 10200)).
(2) Up to fifty percent of the funds available pursuant to this
subdivision may be allocated to the Department of Conservation
for watershed restoration and conservation projects on agricultural
lands pursuant to Section 9084.
80135. (a) Of the amount made available pursuant to Section
80130, fifty million dollars ($50,000,000) shall be available to the
Department of Forestry and Fire Protection, except as provided in
subdivision (c), 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. The Department
of Forestry and Fire Protection shall achieve geographic balance
-37-SBS
with the moneys allocated pursuant to this section and may, where
appropriate, include activities on lands owned by the United States.
(b) Not less than 30 percent of the amount available pursuant
to this section shall be allocated for urban forestry projects pursuant
to Section 4 799 .12. The Department of Forestry and Fire Protection
shall allocate no less than 50 percent of the moneys allocated
pursuant to this subdivision for the expansion of the urban forestry
program to previously underserved local entities in order to achieve
geographic balance.
( c) Of the amount subject to this section, 50 percent shall be
allocated directly to the Sierra Nevada Conservancy to administer
projects pursuant to this section for purposes of implementing the
Sierra Nevada Watershed Improvement Program. For purposes of
this section, the Sierra Nevada Conservancy may allocate funds
to the California Tahoe Conservancy for projects within the
jurisdiction of the California Tahoe Conservancy.
80136. Of the amount made available pursuant to Section
80130, forty million dollars ($40,000,000) shall be available to
the California Conservation Corps for projects to rehabilitate or
improve local and state parks, restore watersheds and riparian
zones, regional and community-level fuel load reduction, compost
application and food waste management, resources conservation
and restoration projects, and for facility or equipment acquisition,
development, restoration, and rehabilitation. Not less than 50
percent of the amount available pursuant to this section shall be
allocated for grants to certified local community conservation
corps, as defined in Section 14507.5.
80137. (a) Of the amount made available pursuant to Section
80130, sixty million dollars ($60,000,000) shall be made available
to the Natural Resources Agency for competitive grants to 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, to do any of the
following:
(1) Restore, protect, and acquire Native American, natural,
cultural, and historic resources within the state.
(2) Convert and repurpose properties or parts of properties that
served as the site of a fossil fuel powerplant that had been retired 281
SBS -38-
on the effective date of this division, or were scheduled to be retired
prior to January 1, 2021, to create permanently protected open
space, tourism, and park opportunities through fee title· or
conservation easements.
(3) Enhance visitor experiences through development,
expansion, and improvement of science centers operated by
foundations or other nonprofit organizations in heavily urbanized
( 4) Enhance park, water, and natural resource values through areas. .I··.
improved recreation, tourism, and natural resource investments in
those areas of the state not within the jurisdiction of a state , ;
conservancy. ~
(5) Promote, develop, and improve any of the following: ; :~
(A) Community, civic, or athletic venues. . ~
(B) Cultural or .visitor centers that recognize that contributions ~
of California's ethnic communities or celebrate the unique
traditions of these communities, including those of Asian and
Hispanic descent.
(C) Visitor centers or nonprofit aquariums that educate the
public about natural landscapes, aquatic species, or wildlife
migratory patterns.
(b) Of the amount subject to this section, twenty million dollars , ,
($20,000,000) shall be available for multibenefit green
infrastructure investments in or benefiting disadvantaged or
severely disadvantaged communities.
CHAPTER 11. CLEAN DRINKING WATER AND DROUGHT
PREPAREDNESS
80140. (a) The sum of two hundred fifty million dollars
($250,000,000) shall be available, upon appropriation by the
Legislature, for the purposes described in Chapter 5 (commencing
with Section 79720) of Division 26.7 of the Water Code.
(b) Of the funds authorized by subdivision (a), thirty million
dollars ($30,000,000) shall be available for grants to regional water
supply projects within the San Joaquin River hydrologic unit that
diversify local water supplies by providing local surface water to
communities that are dependent on contaminated groundwater,
reduce municipal groundwater pumping, and benefit agricultural
and municipal water supplies.
-39-SBS
CHAPTER 11; 1. GROUNDWATER SUSTAINABILITY
80141. (a) The sum of eighty million dollars ($80,000,000)
shall be available, upon appropriation by the Legislature, to the
state board for competitive grants for projects for treatment and
remediation activities that prevent or reduce the contamination of
groundwater that serves as a source of drinking water.
(b) Projects shall be prioritized based upon the following criteria:
(1) The threat posed by groundwater contamination to the
affected community's overall drinking water supplies, including
an urgent need for treatment of alternative supplies or increased
water imports if groundwater is not available due to contamination.
For the purposes of this paragraph, treatment includes ongoing
operation and maintenance of existing facilities.
(2) The potential for groundwater contamination to spread and
impair drinking water supply and water storage for nearby
population areas.
(3) The potential of the project, if fully implemented, to enhance
local water supply reliability.
( 4) The potential of the project to maximize opportunities to
recharge vulnerable, high-use groundwater basins and optimize
groundwater supplies.
· (5) The project addresses contamination at a site for which the
courts or the appropriate regulatory authority has not yet identified
responsible parties, or where the identified responsible parties are
unwilling or unable to pay for the total cost of cleanup, including
water supply reliability improvement for critical urban water
supplies in designated superfund areas with groundwater
contamination listed on the National Priorities List established
pursuant to Section 105(a)(8)(B) of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. Sec. 9605(a)(8)(B)).
(c) Funding authorized by this chapter shall not be used to pay
any · share of the costs of remediation recovered from parties
responsible for the contamination of a groundwater storage aquifer,
but may be used to pay costs that cannot be recovered from
responsible parties. Parties that receive funding for remediating
groundwater storage aquifers shall exercise reasonable efforts to
recover. the costs of groundwater cleanup from the parties
responsible for the contamination. Funds recovered from 282
SBS -40-
responsible parties may only be used to fund treatment and
remediation activities including operations and maintenance.
( d) The contaminants that may be addressed with funding
pursuant to this chapter may include, but shall not be limited to,
nitrates, perchlorate, MTBE (methyl tertiary butyl ether), arsenic,
selenium, hexavalent chromium, mercury, PCE
(perchloroethylene), TCE (trichloroethylene), DCE
( dichloroethene ), DCA ( dichloroethane ), 1,2,3-TCP
(trichloropropane), carbon tetrachloride, 1,4-dioxane,
1,4-dioxacyclohexane, nitrosodimethylamine, bromide, iron,
manganese, and uranium. ,
(e) A project that receives funding pursuant to this chapter shall i
be selected by a competitive grant process with added consideration f
for those projects that leverage private, federal, or local funding. • i
(f) For the purposes of awarding funding under this chapter, a ~
local cost share of not less than 50 percent of the total costs of the ~
project shall be required. The cost-sharing requirement may be
waived or reduced for projects that directly benefit a disadvantaged
community or an economically distressed area.
(g) The state board may assess the capacity of a community to
pay for the operation and maintenance of a facility to be funded
by a grant awarded under this chapter.
(h) At least 10 percent of the funds available pursuant to this ,;
chapter shall be allocated for projects serving severely 1
disadvantaged communities. ,\
(i) Funding authorized by this chapter may include funding for
technical assistance to disadvantaged communities. The agency
ii administering this funding shall operate a multidisciplinary
technical assistance program for small and disadvantaged
communities.
(j) Subdivisions (a) and (b) of Section 16727 of the Government
Code do not apply to this chapter.
CHAPTER 11.5. FLOOD PROTECTION AND REPAIR
80145. (a) The sum of five hundred fifty million dollars
($550,000,000) shall be available, upon appropriation by the ·
Legislature, for flood protection and repair.
(1) (A) Of the funds available pursuant to this subdivision,
three hundred fifty million dollars ($350,000,000) shall be available .
-41-SBS
to the Department of Water Resources for flood protection
facilities, levee improvements, and related investments that protect
persons and property from flood damage in the Central Valley.
The Department of Water Resources may require that moneys
provided under this paragraph be matched by local and regional
public agencies.
(B) Of the amount subject to this paragraph, fifty million dollars
($50,000,000) shall be available for levee repairs and restoration
within the Sacramento-San Joaquin Delta.
(C) Of the amount subject to this paragraph, three hundred
million dollars ($300,000,000) shall be available for multibenefit
projects that achieve public safety improvements and measurable
fish and wildlife enhancement. The Department of Water Resources
shall coordinate the expenditure of multibenefit funds with the
Central Valley Flood Protection Board and the Department of Fish
and Wildlife. Eligible projects include, but are not limited to, levee
setbacks, creation or enhancement of flood plains or bypasses,
groundwater recharge projects in flood plains, and land acquisition
and easements necessary for these projects.
(2) Of the funds available pursuant to this subdivision, one
hundred million dollars ($100,000,000) shall be available for the
purposes of stormwater, mudslide, and other flash-flood-related
protections.
(3) Of the amount made available pursuant to this subdivision,
one hundred million dollars ($100,000,000) shall be available to
the Natural Resources Agency for competitive grants for the
purposes of multibenefit projects in urbanized areas to address
flooding. Eligible projects shall include, but are not limited to,
stormwater capture and reuse, planning and implementation of
low-impact development, restoration of urban streams and
watersheds, and increasing permeable surfaces to help reduce
flooding.
(4) Funding made available pursuant to paragraphs (2) and (3)
shall support projects that protect persons and property from flood
damage. Unless the project has been identified as serving a
disadvantaged community, an entity that receives an award
pursuant to paragraphs (2) or (3) shall be required to provide a
match of 25 percent as a local share.
(b) Funds provided by this chapter shall not be expended to pay
the costs of the design, construction, operation, mitigation, or 283
SBS -42-
maintenance of Delta conveyance facilities. Those costs shall be
the responsibility of the water agencies that benefit from the design;
construction, operation, mitigation, or maintenance of those
facilities.
CHAPTER 11.6. REGIONAL SUSTAINABILITY FOR DROUGHT AND I
GROUNDWATER, AND WATER RECYCLING I
~ ~
80146. (a) The sum of two hundred ninety million dollars 'l
($290,000,000) shall be available, upon appropriation by the i
Legislature, for drought and groundwater investments to achieve ~
regional sustainability. Expenditure of these funds may include l'.
planning, design, and implementation projects through competitive ;
grants and loans for investments in groundwater recharge with
surface water, stormwater, recycled water, and other conjunctive
use projects, and projects to prevent or clean up contamination of
groundwater that serves as a source of drinking water.
(b) Of the funds made available pursuant to this section, fifty
million dollars ($50,000,000) shall be available pursuant to Chapter
10 ( c01TU11encing with Section 79770) of Division 26.7 of the Water
Code for the purposes described in Section 79775 of the Water
Code.
80147. (a) The sum of one hundred million dollars
($100,000,000) shall be available, upon appropriation by the
Legislature, pursuant to Chapter 9 (commencing with Section
79765) of Division 26.7 of the Water Code, except that the
provisions of Section 79143 of the Water Code shall not apply to
a loan or grant awarded under this section.
(bl Of the funds made available pursuant to this section, up to
twenty million dollars ($20,000,000) shall be available for the
State Water Efficiency and Enhancement Program administered
by the Department of Food and Agriculture.
CHAPTER 12. ADVANCE PAYMENT FOR WATER PROJECTS
80150. (a) Within 90 days of notice that a grant under this
division for projects included and implemented in an integrated
regional water management plan has been awarded, the regional
water management group shall provide the administering agency
with a list of projects to be funded with the grant funds where the
-43-SBS
project proponent is a nonprofit organization or a disadvantaged
community, or the project benefits a disadvantaged community.
The. list shall specify how the projects are consistent with the
adopted integrated regional water management plan and shall
include all of the following information:
(1) Descriptive infonnation concerning each project identified.
(2) The names of the entities that will receive the funding for
each project, including, but not limited to, an identification as to
whether the project proponent or proponents are nonprofit
organizations or a disadvantaged community.
(3) The budget of each project.
( 4) The anticipated schedule for each project.
(b) Within 60 days of receiving the project information pursuant
to subdivision (a), the administering agency may provide advance
payment of 50 percent of the grant award for those projects that
satisfy both of the following criteria:
(1) The project proponent is a nonprofit organization or a
disadvantaged community, or the project benefits a disadvantaged
community.
(2) The grant award for the project is less than one million
dollars ($1,000,000).
(c) Funds advanced pursuant to subdivision (b) shall comply
with the following requirements:
(1) The recipient shall place the funds in a noninterest-bearing
account until expended.
(2) The funds shall be spent within six months of the date of
receipt, unless the administering agency waives this requirement.
(3) The recipient shall, on a quarterly basis, provide an
accountability report to the administering agency regarding the
expenditure and use of any advance grant funds that provides, at
a minimum, the following information:
(A) An itemization as to how advance payment funds provided
under this section have been expended.
(B) A project itemization as to how any remaining advance
payment funds provided under this section will be expended over
the period specified in paragraph (2).
· (C) A description of whether the funds are placed in a
noninterest-bearing account, and if so, the date that occurred and
the dates of withdrawals of funds from that account, if applicable. 284
SBS -44-
( 4) If funds are not expended, the unused portion of the grant
shall be returned to the administering agency within 60 days after .
project completion or the end of the grant performance period,
whichever is earlier. . ~
(5) The administering agency may adopt additional requirements ~
for the recipient regarding the use of the advance payment to ensure i
'Cl that the funds are used properly. l
~
I CHAPTER 13. FISCAL PROVISIONS
i ~·
~
80160. (a) Bonds in the total amount of four billion dollars
($4,000,000,000), and any additional bonds authorized, issued,
and appropriated in accordance with this division pursuant to other
provisions of law, not including the amount of any refunding bonds c
issued in accordance with Section 80172, may be issued aud sold "
to provide a fund to be used for carrying out the purposes expressed
in this division and to reimburse the General Obligation Bond
Expense Revolving Fund pursuant to Section 16724.5 of the
Government Code. The bonds, when sold, issued, and delivered,
shall be aud 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.
80161. The bonds authorized by this division shall be prepared,
executed, issued, sold, paid, aud redeemed as provided in the State ·
General Obligation Bond Law (Chapter 4 (commencing with
Section 16720) of Part 3 ofDivision4 of Title 2 of the Government
Code), as amended from time to time, and all of the provisions of
that law apply to the bonds aud to this division.
80162. (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 division, the California Drought, Water, Parks, Climate, .
-45-SBS
Coastal Protection, and Outdoor Access For All Finance Committee
is hereby created. For purposes of this division, the California
Drought, Water, Parks, 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 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.
80163. The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized by this division
in order to carry out the actions specified in this division and, if
so, the amount of bonds to be issued aud sold. Successive issues
of bonds may be authorized aud 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.
80164. 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.
80165. 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, aud 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.
80166. Notwithstanding Section 13340 of the Government
Code, there is hereby appropriated from the General Fund in the
State Treasmy, for the purposes of this division, au 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 division, as the
principaland interest become due and payable.
· . (b) The sum that is necessary to carry out the provisions of
Section 80169, appropriated without regard to fiscal years. 285
SBS -46-
80167. The board may request the Pooled Money Investment
Board to make a loan from the Pooled Money Investment Account,
including other authorized forms of interim financing that include,
but are not limited to, commercial paper, in accordance with
Section 16312 of the Government Code for the purpose of carrying
out this division. 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 division,
excluding refunding bonds authorized pursuant to Section 80172,
less any amount loaned and not yet repaid pursuant to this section
and withdrawn from the General Fund pursuant to Section 80169
and not yet returned to the General Fund. The board shall execute '
those documents required by the Pooled Money Investment Board · I
to obtain and repay the loan. Any amounts loaned shall be·~
deposited in the fund to be allocated in accordance with this ,
division.
80168. Notwithstanding any other provision of this division,
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 L
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.
80169. For the purposes of carrying out this division, the
Director of Finance may authorize the withdrawal from the General '
Fund of an amount or amounts not to exceed the amount ofthe
unsold bonds that have been authorized by the committee to· be .
sold for the purpose of carrying out this division, excluding
refunding bonds authorized pursuant to Section 80172, less any ·
amount loaned pursuant to Section 80167 and not yet repaid and
any amount withdrawn from the General Fund pursuant to· this ·
section and not yet returned to the General Fund. Any amounts
withdrawn shall be deposited in the fund to be allocated in ·
-47-SBS
accordance with this division. 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 division.
80170. All moneys deposited in the fund that are derived from
premium and accrued int~rest on bonds sold pursua~t to this
division shall be reserved m 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
trai1sfer to the General Fund.
80171. 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 or reimbursed 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 allocated proportionally to each
program funded through this division by the applicable bond sale.
80172. The bonds issued and sold pursuant to this division
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 division shall include approval
of the issuance of any bonds issued to refund any bonds originally
issued under this division or any previously issued refunding bonds.
Any bond refunded with the proceeds of a refunding bond as
authorized by this section may be legally defeased to the extent
permitted by law in the manner and to the extent set forth in the
resolution, as amended from time to time, authorizing that refunded
'bond.
80173. The proceeds from the sale of bonds authorized by this
division are not "proceeds of taxes" as that term is used in Article
XIII B of the California Constitution, and the disbursement of
these proceeds is not subject to the limitations imposed by that
article.
· SEC. 4: Section 79772.5 is added to the Water Code, to read:
79772.5. Notwithstanding any other law, eighty million dollars
($80,000,000) of the unissued bonds authorized for the purposes 286
SBS -48-
of Section 79772 are reallocated to finance the purposes of, and
shall be authorized, issued, and appropriated in accordance with,
Division 45 (commencing with Section 80000) of the Public
Resources Code.
SEC. 5. Sections 1 to 4, inclusive, of this act shall take effect
upon the approval by the voters of the California Drought, Water,
Parks, Climate, Coastal Protection, and Outdoor Access For All
Act of 2018, as set forth in Section 3 of this act, including changes
to the California Clean Water, Clean Air, Safe Neighborhood •
Parks, and Coastal Protection Act of 2002, as set forth in Section . i
1 of this act, the Safe Drinking Water, Water Quality and Supply, f
Flood Control, River and Coastal Protection Bond Act of 2006, l
as set forth in Section 2 of this act, and the Water Quality, Supply, f
and Infrastructure Improvement Act of 2014, as set forth in Section .,
4 of this act. f 'J
SEC. 6. Sections 1 to 4, inclusive, of this act shall be submitted T
to the voters at the June 5, 2018, statewide primary direct election c•
in accordance with provisions of the Government Code and the '
Elections Code governing the submission of a statewide measure
to the voters.
SEC. 7. 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 drought, water, parks, climate, ·
coastal protection, and outdoor access for all program at the earliest
possible date, it is necessary that this act take effect immediately. 287