HomeMy WebLinkAbout2006-02-01 STAFF REPORTS 2D OQi 1c�% 1..
January 12, 2006
The Honorable Denise Ducheny
California State Senate
State Capitol, Rm. 4144
Sacramento, CA 95814
Dear Senator Ducheny,
REFERENCE: Parks Bond Measure for 2006 (SB 153 (Chesbro)
I am writing on behalf of the (name of jurisdiction) to request your
support of funding for the Coachella Valley in SB 153, the parks and open space bond
measure now pending before the Legislature. I encourage you to support SB 153 either
as a stand alone measure or should it be rolled into a larger infrastructure bond
measure. Specifically, as a member jurisdiction in the Coachella Valley Association of
Governments, we want to express our support for funding for the Coachella Valley
Mountains Conservancy (CVMC) in the amount of$40 million, for land acquisition to
help implement the Coachella Valley Multiple Species Habitat Conservation Plan and
Natural Communities Conservation Plan (CVMSHCP/NCCP). Funding to the CVMC will
provide critical state funds to complement the local funding program under the
CVMSHCP/NCCP. Successful implementation of the CVMSHCP/NCCP is critical to the
timely provision of public transportation and other infrastructure and orderly economic
development in the Coachella Valley.
The Coachella Valley MSHCP/NCCP is very near completion. Funding to the
Coachella Valley Mountains Conservancy from past bond measures has been used to
leverage funds from federal, local, and non-profit partnerships for a number of extremely
critical land acquisition projects. These projects, including the $26 million Cathton
project, would not have been possible without the bond funds from CVMC. We
encourage your strong support of bond funding for the CVMC.
Sincerely,
Mayor
Item No. n . D .
Please send/fax letter to Sacramento office of our state legislators:
Senator Denise Duchene
email: Senator.Ducheny@sen.ca.gov
Sacramento Office: Local Office:
State Capitol, Rm. 4081 53990 Enterprise Way, Suite 14
Sacramento, CA 95814 Coachella, CA 92236
Phone: (916) 445-6767 Phone: (760) 398-6442
Fax: (916) 327-3522 Fax: (760) 398-6470
Assemblyman John Benoit:
Web Site: http://republican.assembly.ca.gov/members/index.asp?Dist=64&Lang=1
Email: assemblymember.benoit(a?asm.ca.gov
Sacramento Office: Local Office:
State Capitol, Rm. 4144 73710 Fred Waring Dr., Ste 108
Sacramento, CA 95814 Palm Desert, CA 92260
Phone: (916) 319-2064 Phone: (760) 674-0164
Fax: (916) 319-2164 Fax: (760) 674-0184
G)c y ?
SB 153 Assembly Bill - Status Page 1 of 1
CURRENT BILL STATUS
MEASURE : S.B. No. 153
AUTHOR(S) Chesbro and Murray (Coauthors: Senators Alquist, Florez,
Kehoe, Kuehl, Perata, Simitian, Torlakson, and Vincent)
(Coauthors: Assembly Members Berg, Bermudez, Evans,
Karnette, Klehs, Koretz, Laird, Leno, Nation, Nava,
Pavley, and Ruskin) .
TOPIC California Clean Water, Safe Neighborhood Parks, and
Coastal Protection Act of 2006.
HOUSE LOCATION ASM
+LAST AMENDED DATE 09/02/2005
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
2/3 Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 09/02/2005
LAST.' HIST. ACTION From committee with author's amendments. Read second
time. Amended. Re-referred to committee. (Corrected
September 8. )
COMM. LOCATION ASM APPROPRIATIONS
TITLE An act to add Chapter 1.698 (commencing with Section
5096.700) to Division 5 of the Public Resources Code,
relating to financing a program for the acquisition,
development, improvement, preservation, rehabilitation,
and restoration of agricultural, coastal, cultural,
forest, historical, park, recreational, and water
resources of the state, by providing the funds necessary
therefor through the issuance and sale of bonds of the
State of California and by providing handling and
disposition of those funds.
littp://www.leginfo.ca.gov/pub/bilVsen/sb_0151-0200/sb_153_bill_20051121_status.html 1/17/2006
SB 153 Senate Bill -History Page 1 of 1
COMPLETE BILL HISTORY
BILL NUMBER : S.B. No. 153
AUT14OR Chesbro
TOPIC California Clean Water, Safe Neighborhood Parks, and Coastal
Protection Act of 2006.
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
2/3 Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
BILL HISTORY
2005
Sept. 2 From committee with author's amendments. Read second time.
Amended. Re-referred to committee. (Corrected September 8. )
July 11 Read second time. Amended. Re-referred to Com. on APPR.
July 7 From committee: Do pass as amended, but first amend, and re-refer
to Com. on APPR. (Ayes 7. Noes 2 . )
June 27 Hearing postponed by committee.
June 27 From committee with author's amendments. Read second time.
Amended. Re-referred to committee.
June 20 To Coms. on NAT. RES. , E.S. & T.M. , and APPR.
June 3 In Assembly. Read first time. Held at Desk.
June 2 Read third time. Amended. To third reading. Read third time.
Passed. (Ayes 23 . Noes 12 . Page 1403 . ) To Assembly.
June. 1 Read second time. To third reading.
May 31 Read third time. Amended. To second reading.
May 27 From committee: Do pass as amended. (Ayes B. Noes 4 . Page 1293 . )
Read second time. Amended. To third reading.
May 17 Set for hearing May 26.
Apr. 18 Placed on APPR. suspense file.
Apr. 11 Set for hearing April 18.
Apr. 4 Read second time. Amended. Re-referred to Com. on APPR.
Mar. 31 From committee: Do pass as amended, but first amend, and re-refer
to Com. on APPR. (Ayes 9. Noes 1. Page 376. )
Mar. 29 From committee with author's amendments. Read second time.
Amended. Re-referred to committee.
Mar. 14 Set for hearing March 29.
Feb. 24 To Com. on N.R. & W.
Feb. 9 From print. May be acted upon on or after March 11.
Feb. 8 Introduced. Read first time. To Com. on RLS. for assignment. To
print.
�0t4
littp://www.leginfo.ca.gov/pub/bilVsen/sb_0151-0200/sb_153 bill_20050902_history.htiul 1/17/2006
AMENDED IN ASSEMBLY SEPTEMBER 2, 2005
AMENDED IN ASSEMBLY JULY 11, 2005
AMENDED IN ASSEMBLY JUNE 27, 2005
AMENDED IN SENATE JUNE 2, 2005
AMENDED IN SENATE MAY 31, 2005
AMENDED IN SENATE MAY 27, 2005
AMENDED IN SENATE APRIL 4, 2005
AMENDED IN SENATE MARCH 29, 2005
SENATE BILL No. 153
Introduced by Senators Chesbro and Murray
(Coauthors: Senators Alquist, Florez, Kehoe, Kuehl, Perata,
Simitian, Vincent, and Torlakson)
(Coauthors: Assembly Members Berg, Bermudez, Evans, Karnette,
Klehs, Koretz, Laird, Leno, Nation, Nava, Pavley, and Ruskin)
February 8, 2005
An act to add Chapter 1.698 (commencing with Section 5096.700)
to Division 5 of the Public Resources Code, relating to financing a
program for the acquisition, development, improvement, preservation,
rehabilitation, and restoration of agricultural, coastal, cultural, forest,
historical, park, recreational, and water resources in the state, by
providing the funds necessary therefor through the issuance and sale
of bonds of the State of California and by providing handling and
disposition of those funds.
Corrected 9-8-05—See last page. 91
( l qW s
SB 153 —2—
LEGISLATIVE COUNSEL'S DIGEST
SB 153, as amended, Chesbro. California Clean Water, Safe
Neighborhood Parks, and Coastal Protection Act of 2006.
Under existing law, programs have been established pursuant to
bond acts for, among other things, the development and enhancement
of state and local parks and recreational facilities.
This bill would enact the California Clean Water, Safe
Neighborhood Parks, and Coastal Protection Act of 2006, which, if
adopted, would authorize for the purpose of financing a program for
the acquisition, development, improvement, preservation,
rehabilitation, and restoration of agricultural, coastal, cultural, forest,
historical, park, recreational, and water resources in the state, as
specified, the issuance, pursuant to the State General Obligation Bond
Law, of bonds in the amount of3 000,000 $3,945,000,000.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State--mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Chapter 1.698 (commencing with Section
2 5096.700) is added to Division 5 of the Public Resources Code,
3 to read:
4
5 CHAPTER 1.698. THE CALIFORNIA CLEAN WATER, SAFE
6 NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2oo6
7
8 Article 1. General Provisions
9
10 5096.700. This chapter shall be known, and may be cited, as
11 the California Clean Water, Safe Neighborhood Parks, and
12 Coastal Protection Act of 2006.
13 5096.701. (a) The Legislature finds and declares all of the
14 following:
15 (1) Maintaining a high quality of life for California's growing
16 population requires a continuing investment in parks, recreation
17 facilities, and in the protection of the state's natural and historical
18 resources.
19 (2) Clean water, clean beaches, and healthy natural ecosystems
20 that can support both human communities and the state's native
21 fish and wildlife are all part of the legacy of California. Each
91
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-3— SB 153
1 generation has an obligation to be good stewards of these
2 resources in order to pass them on to their children.
3 (3) Public financial resources are inadequate to meet all of the
4 funding needs of local public park and recreation providers.
5 (4) There is an urgent need for safe, open, and accessible local
6 park and recreational facilities, and for increased recreational
7 opportunities that provide positive alternatives to social
8 problems.
9 5096.705. As used in this chapter, the following terms have
10 the following meanings:
11 (a) "Acquisition of real property" means obtaining the fee title
12 or a lesser interest in real property, including, specifically, a
13 conservation easement or development rights. "Acquisition"with
14 respect to historical and cultural resources means securing
15 ownership by purchase, option to purchase, gift, exchange,
16 dedication, or any combination, including rights to use, display,
17 reproduce, or replicate, as appropriate.
18 (b) "Committee" means the California Clean Water, Safe
19 Neighborhood Parks, and Coastal Protection Act of 2006 Finance
20 Committee created pursuant to Section 5096.767.
21 (c) "Department' means the Department of Parks and
22 Recreation.
23 (d) "Development' includes, but is not limited to,
24 improvement, rehabilitation, restoration, enhancement,
25 preservation, protection, and interpretation.
26 (e) "Director" means the Director of Parks and Recreation.
27 (f) "District' means a regional park district, regional park and
28 open-space district, or regional open-space district formed
29 pursuant to Article 3 (commencing with Section 5500) of
30 Chapter 3, a recreation and park district formed pursuant to
31 Chapter 4 (commencing with Section 5780), or an authority
32 formed pursuant to Division 26 (commencing with Section
33 35100). With respect to a community or unincorporated region
34 that is not included within a district, and in which no city or
35 county provides parks or recreational areas or facilities, "district'
36 also means any other district that is authorized by statute to
37 operate and manage parks or recreational areas or facilities,
38 employs a full-time park and recreation director, offers
39 year-round park and recreation services on lands and facilities
91
crq�'7�
SB 153 —4-
1 owned by the district, and allocates a substantial portion of its
2 annual operating budget to parks or recreation areas or facilities.
3 (g) "Fund" means the California Clean Water, Safe
4 Neighborhood Parks, and Coastal Protection Fund of 2006
5 created pursuant to Section 5096.710.
6 (h) "Historical and cultural resources" includes, but is not
7 limited to, any object, building, structure, site, area,place, record,
8 book, artwork, manuscript, recording, film, negative, or digital
9 representation that is significant to California's history, culture,
10 archaeology, or paleontology, including rights to use display,
11 reproduce, or replicate, as appropriate.
12 (i) 'Interpretation" includes, but is not limited to, a visitor
13 serving amenity that communicates the significance and value of
14 natural, historical, and cultural resources in a way that increases
15 the understanding and enjoyment of these resources and that
16 utilizes the expertise of a naturalist or other specialist skilled at
17 educational interpretation.
18 fi�-
19 0) "Local conservation corps" means a program operated by
20 a public agency or nonprofit organization that meets the
21 requirements of Section 14406.
22 (j)-
23 (k) "Nonprofit organization" means a nonprofitl5tt enef
24 corporation qualified to do business in California, and qualified
25 under Section 501(c) (3) of the Internal Revenue Code.
26 (k-)-
27 (l) "Preservation" means identification, evaluation,
28 recordation, documentation, interpretation, protection,
29 rehabilitation, stabilization, development, and reconstruction, or
30 any combination of those activities.
31 {lj
32 (m) "Restoration" means the improvement of a physical
33 structure or facility and, in the case of natural system and
34 landscape features includes, but is not limited to, a project for the
35 control of erosion, the control and elimination of exotic species,
36 including prescribed burning,fuel hazard reduction, fencing out
37 threats to existing or restored natural resources, road elimination,
38 and other plant and wildlife habitat improvement to increase the
39 natural system value of the property. A restoration project shall
91
-5— SB 153
1 include the planning, monitoring and reporting necessary to
2 ensure successful implementation of the project objectives.
3 (m) "Secretary"means the Secretary of the Resources Agency.
4 5096.706. Land or an interest in land acquired with funds
5 allocated pursuant to this chapter shall be acquired from a willing
6 seller.
7
8 Article 2. The California Clean Water, Safe Neighborhood
9 Parks, and Coastal Protection Act of 2006
10
11 5096.710. The proceeds of bonds issued and sold pursuant to
12 this chapter shall be deposited in the California Clean Water,
13 Safe Neighborhood Parks, and Coastal Protection Fund of 2006,
14 which is hereby created. Except as specifically provided in this
15 chapter, the money in the fund shall be available for
16 appropriation by the Legislature, in the manner set forth in this
17 chapter, for acquisition, development, restoration and
18 preservation projects, in accordance with the following schedule:
19 (a) The sum of one billion seven hundred-ferty seventy million
20 dollars 0) ($1,770,000,000) for neighborhood,
21 community, and regional parks and recreational areas.
22 (b) The sum of one billion three hundred million dollars
23 ($1,300,000,000) for state parks and wildlife protection.
24 (c) The sum of eight hundred-turfy�seventy-five million
25 dollars ($825,000,000) ($875,000,000) for water quality and
26 coastal protection.
27
28 Article 3. Neighborhood, Community and Regional Parks and
29 Recreation Areas
30
31 5096.720. The sum of one billion seven hundred-fa�
32 d , seventy million dollars
33 (51,770,000,000) allocated pursuant to subdivision(a) of Section
34 5096.710 shall be available for appropriation by the Legislature
35 in accordance with the following schedule:
36 (a) The sum of five hundred million dollars ($500,000,000) to
37 the department for local assistance grants, in accordance with
38 Section 5096.750, and on the basis of population, for the
39 acquisition, restoration and development of neighborhood,
91
SB 153 —6-
1 community, and regional parks and recreation lands and
2 facilities.
3 (b) The sum of five hundred million dollars ($500,000,000) to
4 the department for grants for urban and special needs park and
5 recreation programs and facilities in accordance with the
6 :Following schedule:
7 (1) For the Murray-Hayden Urban
8 Parks and Youth Service
9 Program (Chapter 1.692.6
10 (conuuencing with Section
11 5096.348)).................... $150,000,000
12 (2) For the Urban Park Act of 2001
13 (Chapter 3 (commencing with
14 Section 5640)) ................$150,000,000
15 (3) For the California Youth
16 Soccer and Recreation
17 Development Program created
18 pursuant to Section 5004.5..... $100,000,000
19 (4) For the State Urban Parks and
20 Healthy Communities Act
21 (Chapter 1.55 (commencing with
22 Section 5095))................. $100,000,000
23 (dj--
24 (c) The sum of fifty million dollars ($50,000,000) to the
25 department for grants, for the development, improvement,
26 rehabilitation, restoration, enhancement, and interpretation of
27 nomnotorized trails including, but not limited to, the San
28 Francisco Bay Trail, the San Francisco Bay Water Trail and the
29 California Coastal Trail for the purpose of increasing public
30 access to, and enjoyment of, public areas for increased
31 recreational opportunities.
32 (e)-
33 (d) The sum of three hundred million dollars ($300,000,000)
34 to state conservancies that provide regional parks and
35 recreational areas, in accordance with the particular provisions of
36 the statute creating each conservancy, for acquisition,
37 development, restoration and interpretation, and for grants for
38 these purposes, according to the following schedule:
39 (1) To the Baldwin Hills Conservancy......$40,000,000
40 (2) To the San Gabriel and Lower
91
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1 Los Angeles Rivers and Mountains
2 Conservancy..................................$40,000,000
3 (3) To the San Francisco Bay Area
4 Conservancy Program......................$40,000,000
5 (4) To the Santa Monica Mountains
6 Conservancy..................................$40,000,000
7 (5) To the Sierra Nevada
8 Conservancy..................................$40,000,000
9 (6) To the California Tahoe
10 Conservancy..................................$40,000,000
11 (7) To the Coachella Valley Mountains
12 Conservancy................................. $20,000,000
13 (8) To the San Joaquin River
14 Conservancy................................. $30,000,000
15 (9) To the San Diego River
16 Conservancy..................................$10,000,000
17 (€-
18 (e) The sum of thirty million dollars ($30,000,000) to the
19 California Conservation Corps for the acquisition, development,
20 restoration, and rehabilitation of land and water resources, and
21 for grants and state administrative costs, in accordance with the
22 following schedule:
23 (1) The sum of fifteen million dollars ($15,000,000) shall be
24 available for resource conservation projects.
25 (2) The sum of fifteen million dollars ($15,000,000) shall be
26 available for grants to local conservation corps for acquisition,
27 restoration, and development of facilities to support local corps
28 programs, and for local resource conservation activities. to
29 improve public safety and improve and restore natural resources
30 including regional and community fuel load reduction projects on
31 public lands, and stream and river restoration projects.
32 (g)-
33 (fl The sum of one hundred million dollars ($100,000,000)
34 shall be available for appropriation to the California Cultural and
35 Historical Endowment created pursuant to Chapter 13
36 (commencing with Section 20050) of Part 11 of the Education
37 Code for competitive grants for the acquisition and preservation
38 of buildings, structures, sites, places, and artifacts that preserve
39 and demonstrate culturally significant aspects of California's
40 history and for grants for these purposes.
91
SB 153 -a-
1 (h)-
2 (g) The sum of fifty million dollars ($50,000,000) to the
3 department for grants to natural history museums, aquariums,
4 and botanical gardens that combine the study of natural science
5 with preservation, demonstration, and education programs that
6 serve diverse populations. Grants may be used for buildings,
7 structures, and exhibit galleries that present the collections to
8 inspire and educate the public.
9 (t)-
10 (h) The sum of one hundred fifty million dollars
11 ($150,000,000) to the department for grants for the acquisition,
12 development, and restoration of regional parks that-arT-outside-of
13 the areas sef-ved by the conseffaneies listed in stibdivision (e)
14 and that serve multiple neighborhoods or communities, and that
15 provide access to recreational opportunities that are lacking or
16 limited within the region served or that provide a unique
17 resources protection opportunity within the region.
18 (j)-
19 (i) The sum of fifty million dollars ($50,000,000) shall be
20 available to the State Coastal Conservancy for grants for
21 acquisition, development, and restoration to expand the Santa
22 Ana River Parkway. Of the funds provided by this subdivision,
23 twenty million dollars ($20,000,000) shall be available for park
24 projects adjacent to the mouth of the Santa Ana River. The
25 remainder of the funds provided shall be equally divided between
26 projects in Orange, San Bernardino, and Riverside Counties.
27 (k)-
28 6) The sum of ten million dollars ($10,000,000)—to the
29
30 f6festry programs purse
31
32 Di isien44)for the purposes of urban forestry grants.
33 (k) The sum of thirty million dollars ($30,000,000) to the
34 department for grants to cities and counties in areas that are not
35 eligible for grants pursuant to subdivision (b) of Section
36 5096.720 and that have a severe shortage of parks and
37 recreational facilities.
38
39 Article 4. State Parks and Wildlife Protection
40
91
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1 5096.730. The one billion three hundred million dollars
2 ($1,300,000,000) allocated pursuant to subdivision(b) of Section
3 5096.710 shall be available in accordance with the following
4 schedule:
5 (a) The sum of five hundred million dollars ($500,000,000)
6 shall be available for appropriation by the Legislature to the
7 department for acquisition, development, interpretation,
8 restoration, and rehabilitation of the state park system and its
9 natural, historical, and visitor serving resources. The department
10 shall include the following goals in setting spending priorities for
11 the funds appropriated pursuant to this section:
12 (1) The restoration, rehabilitation, and improvement of
13 existing state park system lands and facilities.
14 (2) The expansion of the state park system to reflect the
15 growing population and shifting population centers and needs of
16 the state.
17 (3) The protection of representative natural resources based on
18 the criteria and priorities identified in Section 5096.754.
19 (4) Not less than thirty million dollars ($30,000,000) shall be
20 expended for the expansion, development, and restoration of
21 state park lands administered by local agencies.
22 (b) Notwithstanding Section 13340 of the Government Code,
23 the sum of three hundred million dollars ($300,000,000) is
24 hereby continuously appropriated to the Wildlife Conservation
25 Board for the acquisition, development, rehabilitation,
26 restoration, and protection of habitat that promotes the recovery
27 of threatened and endangered species, that provides corridors
28 linking separate habitat areas to prevent habitat fragmentation,
29 and that protects significant natural landscapes and ecosystems
30 such as old growth redwoods and oak woodlands, riparian and
31 wetland areas, and other significant habitat areas, for grants for
32 these purposes, and for related state administrative costs,
33 pursuant to the Wildlife Conservation Law of 1947 (Chapter 4
34 (commencing with Section 1300) of Division 2 of the Fish and
35 Game Code). Not less than thirty million dollars ($30,000,000)
36 shall be used for projects to protect and restore wetlands and
37 watershed habitat that support the Pacific Flyway. Funds
38 scheduled in this subdivision may be used to prepare
39 management plans for properties acquired by the Wildlife
40 Conservation Board and for the development of scientific data,
91
SB 153 —10—
1 habitat mapping, and other research information necessary to
2 determine the priorities for restoration and acquisition-ftatewide
3 consistent with Section 5096.754.
4 (c) The sum of one hundred million dollars ($100,000,000)
5 shall be available for grants for the preservation of agricultural
6 lands, grazing lands, and oak woodlands pursuant to the
7 following schedule:
8 (1) Agricultural lands preservation
9 pursuant to the Farmland Conservancy
10 Program (Article 1 (commencing with
11 Section 10200) of Division
12 10.2)........................................$25,000,000
13 (2) Grazing land preservation
14 pursuant to the California Rangeland,
15 Grazing Land and Grassland Protection
16 Act of 2002 (commencing with Section
17 10330 of Division 10.4)...............$50,000,000
18 (3) Oak Woodland Preservation
19 pursuant to the Article 3.5 (commencing
20 with section 1360) of Chapter 4 of
21 Division 2 of the Fish and Game
22 Code......................................$25,000,000
23 (d) The sum of two hundred fifty million dollars
24 ($250,000,000) shall be available to the Wildlife Conservation
25 Board and the ^pia State Coastal Conservancy for
26 C h-is hereby
27 Treated a coordinated program between those two agencies for
28 forest conservation. The program shall promote the ecological
29 integrity and economic stability of California's diverse native
30 forests for all their public benefits through forest conservation,
31 preservation, and restoration of productive managed forest lands,
32 forest reserve areas, redwood forests, and other forest types,
33 including the conservation of water resources and natural habitats
34 for native fish, wildlife, and plants found on these lands.
35 (e) The sum of one hundred fifty million dollars
36 ($150,000,000) shall be available to the Wildlife Conservation
37 Board for grants to implement or to assist in the establishment of
38 Natural Community Conservation Plans (Chapter 10 of Division
39 3 of the Fish and Game Code (commencing with Section 2800)).
91
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1 Article 5. Clean Water and Coastal Protection
2
3 5096.740. The eight hundred twenty-five seventy-five million
4 dollars , 08) ($875,000,000) allocated pursuant to
5 subdivision (c) of Section 5096.710 shall be available in
6 .accordance with the following schedule:
7 (a) The sum of two hundred fifty million dollars
8 ($250,000,000) to the State Coastal Conservancy for the
9 acquisition, development, rehabilitation, restoration, and
10 protection of land and water resources; and for grants and state
11 administrative costs in accordance with Division 21
12 (commencing with Section 31000). Not less than fifteen million
13 dollars ($15,000,000) of the funds authorized pursuant to this
14 subdivision shall be made in grants for local projects for the
15 protection and enhancement of natural, cultural, and
16 recreational resources within coastal watersheds of the
17 international border region.
18 (b) The sum of four hundredmillion dollars
19 ten million dollars ($410,000,000) shall be available for the
20 purposes of clean beaches, water quality, and integrated regional
21 water management projects according to the following schedule:
22 (1) To the State Water Resources
23 Control Board for the Clean Beaches
24 Program(Chapter 3 (commencing with
25 Section 30915) of Division 20.4) .........$100,000,000
26 (2) To the Department of Water
27 Resources for the Integrated Regional
28 Water Management Program(Ehaptef 8
29
30 Division 26.5 of the Water Gode)
31 pursuant to Section 5096.761 .............$200,000,000
32 (3) To the State Water Resources
33 Control Board to reduce mercury
34 contamination in state waters.
35 Projects shall be designed to limit
36 the availability of methylmercury to
37 aquatic life in the mercury impaired
38 waterways determined pursuant to the
39 federal Clean Water Act(33 U.S.C.
40 Section 1313(d)) ...........................$100,000,000
91
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SB153 —12-
1 (4) To the State Department of
2 Health Services for grants and direct
3 expenditures to fund emergency actions
4 necessary to provide safe drinking
5 water in low-income communities with
6 contamination of existing drinking
7 water supplies, and to prevent or
8 cleanup contamination of drinking
9 water sources .............................$10,000,000
10 (c) The sum of fifty million dollars ($50,000,000) shall be
11 available to the secretary for acquisition, development,
12 restoration, and for planning purposes in accordance with the
13 California River Parkways Act of 2004 (Chapter 3.8
14 (commencing with Section 5750)).
15 (d) The sum of one hundred million dollars ($100,000,000)
16 shall be allocated to the Ocean Protection Trust Fund (Chapter 4
17 (commencing with Section 35650) of Division 26.5) and
18 available for appropriation to the State Coastal Conservancy for
19 the purposes of projects consistent with Section 35650. Priority
20 projects shall include the development of scientific data needed
21 to adaptively manage the state's marine resources and reserves,
22 including the development of marine habitat maps, and-leans-and
23 „rants the development and implementation of projects to foster
24 sustainable fisheries using loans and grants.
25 (e) The sum of twenty-five million dollars ($25,000,000) shall
26 be available to the Department of Water Resources for urban
27 stream restoration projects pursuant to Section 7048 of the Water
28 Code.
29 (f) The sum of forty million dollars ($40,000,000) shall be
30 available to the State Water Resources Control Board to fund
31 containment, cleanup, and remediation projects to prevent public
32 exposure to contamination in the New River and,for related
33 capital improvements.
34
35 Article 6. Miscellaneous Provisions
36
37 5096.750. (a) Sixty percent of the total funds available for
38 grants pursuant to subdivision (a) of Section 5096.720 shall be
39 allocated to cities and to districts other than a regional park
40 district, regional park and open-space district, or regional
91
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1 open-space district. Each city's and district's allocation shall be
2 in the same ratio as the city's or district's population is to the
3 combined total of the state's population that is included in
4 incorporated areas and unincorporated areas within the district,
5 except that each city or district shall be entitled to a minimum
6 allocation of two hundred fifty thousand dollars ($250,000). In
7 any instance in which the boundary of a city overlaps the
8 boundary of such a district, the population in the area of
9 overlapping jurisdiction shall be attributed to each jurisdiction in
10 proportion to the extent to which each operates and manages
I 1 parks and recreational areas and facilities for that population. In
12 any instance in which the boundary of a city overlaps the
13 boundary of such a district, and in the area of overlap the city
14 does not operate and manage parks and recreational areas and
15 facilities, all grant funds shall be allocated to the district.
16 (b) Each city and each district subject to subdivision(a) whose
17 boundaries overlap shall develop a specific plan for allocating the
18 grant funds in accordance with the formula specified in
19 subdivision (a). If, by January 1, 2008, the plan has not been
20 agreed to by the city and district and submitted to the department,
21 the director shall determine the allocation of the grant funds
22 among the affected jurisdictions.
23 (c) Forty percent of the total funds available for grants
24 pursuant to subdivision(a) of Section 5096.720 shall be allocated
25 to counties and regional park districts, regional park and
26 open-space districts, or regional open-space districts formed
27 pursuant to Article 3 (commencing with Section 5500) of
28 Chapter 3.
29 (d) Each county's allocation under subdivision (c) shall be in
30 the same ratio as the county's population, except that each county
31 shall be entitled to a minimum allocation of five hundred
32 thousand dollars ($500,000).
33 (e) In a county that embraces all or part of the territory of a
34 regional park district, regional park and open-space district, or
35 regional open-space district, whose board of directors is not the
36 county board of supervisors, the amount allocated to the county
37 shall be apportioned between that district and the county in
38 proportion to the population of the county that is included within
39 the territory of the district and the population of the county that is
40 outside the territory of the district.
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1 (f) In a county that currently embraces all or a part of the
2 territory of a regional open-space district and an authority formed
3 pursuant to Division 26 (commencing with Section 35100), the
4 allocation shall be distributed between the county and the
5 following entities:
6 (1) The funds shall be apportioned between the district and the
7 county in proportion to the population of the county that is
8 included within the territory of the district, and the proportion of
9 the population of the county that is outside the district. The
10 amounts resulting from this calculation shall be known as the
11 district's share, and the county's first balance. The district's share
12 shall be allocated to the district. The county's first balance shall
13 be further apportioned, as provided in paragraph (2).
14 (2) The county's first balance, as determined in accordance
15 with paragraph (1), shall be further apportioned between the
16 authority and the county in proportion to the population of the
17 county that is included within the territory of the authority, and
18 the proportion of the population of the county that is outside the
19 authority. The amounts resulting from this calculation shall be
20 known as the authority's share and the county's second balance.
21 (3) The authority's share shall be divided equally between the
22 county and the authority. The county shall receive all of the
23 county's second balance.
24 (g) In a county that embraces all or part of the territory of a
25 regional park district, regional park and open-space district, or
26 regional open-space district, whose board of directors is not the
27 county board of supervisors, the amount allocated to the county
28 shall be apportioned between that district and the county in
29 proportion to the population of the county that is included within
30 the territory of the district and the population of the county that is
31 outside the territory of the district.
32 (h) For the purpose of making the calculations required by this
33 section, population shall be determined by the department, in
34 cooperation with the Department of Finance, on the basis of the
35 most recent verifiable census data and other verifiable population
36 data that the department may require to be furnished by the
37 applicant city, county, or district.
38 5096.751. (a) The director shall prepare and adopt criteria
39 and procedures for evaluating applications for grants allocated
40 pursuant to subdivisions (a) of Section 5096.720. Individual
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1 applications for funds shall be submitted to the department for
2 approval as to their conformity with the requirements of this
3 chapter. The application shall be accompanied by certification
4 that the project for which the grant is requested is consistent with
5 the park and recreation element of the applicable city or county
6 general plan or the district park and recreation plan, as the case
7 may be, and will satisfy a high priority need.
8 (b) To utilize available grant funds as effectively as possible,
9 overlapping or adjoining jurisdictions and applicants with similar
10 objectives are encouraged to combine projects and submit a joint
11 application. An applicant may allocate all or a portion of its per
12 capita share for a regional or state project.
13 (c) The director shall annually forward a statement of the total
14 amount to be appropriated in each fiscal year for projects
15 approved for grants pursuant to this article to the Director of
16 Finance for inclusion in the annual Budget Bill. A list of eligible
17 jurisdictions and the amount of grant funds to be allocated to
18 each shall also be made available by the department.
19 (d) Funds appropriated pursuant to subdivision (a) of Section
20 :5096.720 shall be encumbered by the recipient within three years
21 from the date the appropriation is effective. Regardless of the
22 date of encumbrance of the granted funds, the recipient is
23 expected to complete all funded projects within eight years of the
24 effective date of the appropriation.
25 5096.753. Any grant funds appropriated pursuant to
26 subdivision (a) of Section 5096.720 that have not been expended
27 by the grant recipient prior to July 1, 2014, shall revert to the
28 fund and be available for appropriation by the Legislature for one
29 or more of the local assistance programs specified in Section
30 5096.720 that the Legislature determines to be the highest
31 priority statewide.
32 5096.754. In evaluating potential acquisitions for the purpose
33 of natural resource protection, the department, the Wildlife
34 Conservation Board, and the State Coastal Conservancy shall
35 give priority to projects that demonstrate one or more of the
36 following characteristics:
37 (a) Properties that link to, or contribute to linking, existing
38 protected areas with other large blocks of protected habitat.
39 Linkages must serve to connect existing protected areas, facilitate
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1 wildlife movement or botanical transfer, and result in sustainable
2 combined acreage.
3 (b) Properties that contribute to long-term protection of
4
5 .
6
7 least amount of proteeted lands.
8 (d) Pfoperties that support relatively large areas o
9 tinder-protected major habitat types. The Resources Agency shall
10 and improvement to
11 the water and biological quality of the streams, aquifers, and
12 terrestrial resources of priority watersheds of the major
13 biological regions of the state as identified by the Resources
14 Agency.
15 (c) Habitat in the biological regions of the state that have the
16 least amount ofprotected lands.
17 (d) Properties that support relatively large areas of
18 underprotected major habitat types.
19 (e) Properties that link two or more major biological regions
20 of the state.
21 (fl Properties for which there is a nonstate matching
22 contribution toward the acquisition, restoration or stewardship,
23 and management costs. Matching contributions can be either
24 monetary or in the,form of services, including volunteer services.
25 5096.755. Up to 10 percent of funds allocated for each
26 program funded by this article may be used to finance planning
27 and monitoring necessary for the successful design, selection,
28 and implementation of the projects authorized under that
29 program.
30 5096.756. The department shall encourage the development
31 of multiple benefit,joint use projects on existing public lands and
32 the acquisition of surplus school lands in making grants pursuant
33 to subdivision (b) of Section 5096.720.
34 5096.757. Funds scheduled in this chapter that are not
35 designated for competitive bid programs may also be used for the
36 purposes of reimbursing the General Fund, pursuant to the
37 Natural Heritage Preservation Tax Credit Act of 2000 (Division
38 28 (commencing with Section 37000)).
39 5096.758. Chapter 3.5 (commencing with Section 11340) of
40 Part 1 of Division 3 of Title 2 of the Government Code does not
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1 apply to the development and adoption of program guidelines
2 and selection criteria adopted pursuant to this chapter.
3 5096.759. Funds provided pursuant to this chapter, and any
4 appropriation or transfer of those funds, shall not he deemed to
5 he a transfer of funds for the purposes of Chapter 9 (commencing
6 with Section 2780) of Division 3 of the Fish and Game Code.
7 5096.761. (a) Funds provided pursuant to paragraph (2) of
8 subdivision (b) of Section 5096.740 shall be available for
9 appropriation by the Legislature to the Department of Water
10 Resources for competitive grants to implement integrated
11 regional water management plans that meet the requirements of
12 this section.
13 (b) (1) The integrated water management plan shall identify
14 and address the major water-related objectives and conflicts
15 within the region, consider all of the resource management
16 strategies identified in the California Water Plan, as updated by
17 Bulletin 160-05, or its successor, and use an integrated,
18 multibenefit approach to project selection and design.
19 (2) The integrated water management plan shall include
20 performance measures and monitoring to document progress
21 toward meeting plan objectives.
22 (3) Projects that may be funded pursuant to this section shall
23 be consistent with an adopted integrated regional water
24 management plan and shall include one or more of the following
25 project elements:
26 (A) Water supply reliability, water conservation, and water
27 use effciency.
28 (B) Storm water capture, storage, cleanup, treatment, and
29 management.
30 (C) Removal of invasive nonnative species, the creation and
31 enhancement of wetlands, and the acquisition, protection, and
32 restoration of open space and watershed lands.
33 (D) Nonpoint source pollution reduction, management, and
34 monitoring.
35 (E) Contaminant and salt removal through reclamation,
36 desalting, and other treatment technologies.
37 (F) Water banking, exchange, reclamation, and improvement
38 of water quality.
39 (G) Planning and implementation of multipurpose flood
40 nianagementprograms.
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SB153 —18—
1 (H) Watershed protection and management.
2 (I) Drinking water treatment and distribution.
3 (J) Ecosystem restoration andprotection.
4 (c) The Department of Water Resources shall give preference
5 to proposals that satisfy the following criteria:
6 (1) Proposals that effectively integrate water management
7 programs and projects within a hydrologic region identified in
8 the California Water Plan, as updated by Bulletin 160-05, or its
9 successor; the regional water quality control board region. or
10 subdivision; or other region or subregion specifically identified
11 by the Department of Water Resources.
12 (2) Proposals that effectively integrate water management
13 with land use planning.
14 (3) Proposals that effectively resolve significant water-related
15 conflicts within or between regions.
16 (4) Proposals that contribute to the attainment of one or more
17 of the objectives of the CALFED Bay-Delta Program.
18 (5) Proposals that address statewide priorities.
19 (6) Proposals that address critical water supply or water
20 quality needs for disadvantaged communities within the region.
21 (d) Not more than 10 percent of the funds provided by
22 paragraph (2) of subdivision (b) of Section 5096.740 may be
23 used for grants for the development, updating, or improvement of
24 integrated regional water management plans.
25 (e) The Department of Water Resources shall coordinate the
26 provisions of this section with the program provided in Chapter
27 B (commencing with Section 79560) of Division 26.5 of the Water
28 Code.
29 5096.762. In implementing subdivision (d) of Section
30 5096.720, it is the intent of the Legislature that the funds
31 provided shall be used to fully implement each provision of the
32 statute governing each conservancy to the fullest extent provided
33 by this chapter.
34 5096.763. In making grants pursuant to subdivision (h) of
35 Section 5096.720, the department shall give first priority to
36 linking an existing state park with other major protected areas
37 located within a major wildlife corridor connecting four heavily
38 urbanized counties.
39 5096.764. The secretary shall provide for an independent
40 audit of expenditures pursuant to this chapter to ensure that all
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1 moneys are expended in accordance with the requirements of this
2 chapter. The secretary shall publish a list of all program and
3 project expenditures pursuant to this chapter not less than
4 annually, in written form, and shall post an electronic form of the
5 list on the Resources Agency's Internet Web site.
6
7 Article 7. Fiscal Provisions
8
9 5096.765. Bonds in the total amount of three billion-eight
10 nine hundred
11 forty-five million dollars ($3,945,000,000), not including the
12 amount of any refunding bonds issued in accordance with
13 Section 5096.777, or so much thereof as is necessary, may be
14 issued and sold to provide a fund to be used for carrying out the
15 purposes expressed in this chapter and to be used to reimburse
16 the General Obligation Bond Expense Revolving Fund pursuant
17 to Section 16724.5 of the Government Code. The bonds, when
18 sold, shall be and constitute a valid and binding obligation of the
19 State of California, and the full faith and credit of the State of
20 California is hereby pledged for the punctual payment of the
21 principal of, and interest on, the bonds as the principal and
22 interest becomes due and payable.
23 5096.766. The bonds authorized by this chapter shall be
24 prepared, executed, issued, sold, paid, and redeemed as provided
25 in the State General Obligation Bond Law (Chapter 4
26 (commencing with Section 16720) of Part 3 of Division 4 of Title
27 2 of the Government Code), and all of the provisions of that law
28 apply to the bonds and to this chapter and are hereby
29 incorporated in this chapter by this reference as though set forth
30 in full in this chapter.
31 5096.767. (a) Solely for the purpose of authorizing the
32 issuance and sale, pursuant to the State General Obligation Bond
33 Law, of the bonds authorized by this chapter, the California
34 Clean Water, Safe Neighborhood Parks and Coastal Protection
35 Act of 2006 Finance Committee is hereby created. For purposes
36 of this chapter, the California Clean Water, Safe Neighborhood
37 Parks, and Coastal Protection Act of 2006 Finance Committee is
38 "the committee" as that term is used in the State General
39 Obligation Bond Law. The committee consists of the Controller,
40 the Director of Finance, and the Treasurer, or their designated
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SB 153 —20-
1 representatives. The Treasurer shall serve as chairperson of the
2 committee. A majority of the committee may act for the
3 committee.
4 (b) For purposes of the State General Obligation Bond Law,
5 the Secretary of the Resources Agency is designated the "board."
6 5096.768. The committee shall determine whether or not it is
7 necessary or desirable to issue bonds authorized pursuant to this
8 chapter to carry out Section 5096.710 and, if so, the amount of
9 bonds to be issued and sold. Successive issues of bonds may be
10 authorized and sold to carry out those actions progressively, and
11 it is not necessary that all of the bonds authorized to be issued be
12 sold at any one time.
13 5096.770. There shall be collected each year and in the same
14 manner and at the same time as other state revenue is collected,
15 in addition to the ordinary revenues of the state, a sum in an
16 amount required to pay the principal of, and interest on, the
17 bonds each year. It is the duty of all officers charged by law with
18 any duty in regard to the collection of the revenue to do and
19 perform each and every act that is necessary to collect that
20 additional sum.
21 5096.771. Notwithstanding Section 13340 of the Government
22 Code, there is hereby appropriated from the General Fund in the
23 State Treasury, for the purposes of this chapter, an amount that
24 will equal the total of the following:
25 (a) The sum annually necessary to pay the principal of, and
26 interest on, bonds issued and sold pursuant to this chapter, as the
27 principal and interest become due and payable.
28 (b) The sum necessary to carry out Section 5096.772,
29 appropriated without regard to fiscal years.
30 5096.772. For purposes of carrying out this chapter, the
31 ]Director of Finance may authorize the withdrawal from the
32 General Fund of an amount not to exceed the amount of the
33 unsold bonds that have been authorized by the committee to be
34 sold for the purpose of carrying out this chapter. Any amount
35 withdrawn shall be deposited in the fund. Any money made
36 available under this section shall be returned to the General Fund
37 from proceeds received from the sale of bonds for the purpose of
38 carrying out this chapter.
39 5096.773. Pursuant to Chapter 4 (commencing with Section
40 1.6720) of Part 3 of Division 4 of Title 2 of the Government
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1 Code, the cost of bond issuance shall be paid out of the bond
2 proceeds. These costs shall be shared proportionally by each
3 program funded through this bond act.
4 5096.774. Actual costs incurred in comiection with
5 administering programs authorized under the categories specified
6 in Section 5096.710 shall be paid from the funds authorized by
7 this act.
8 5096.775. The secretary may request the Pooled Money
9 Investment Board to make a loan from the Pooled Money
10 Investment Account, including other authorized forms of interim
I financing that include, but are not limited to, commercial paper,
12 in accordance with Section 16312 of the Government Code, for
13 purposes of carrying out this chapter. The amount of the request
M shall not exceed the amount of the unsold bonds that the
15 committee, by resolution, has authorized to be sold for the
16 purpose of carrying out this chapter. The secretary shall execute
17 any documents required by the Pooled Money Investment Board
18 to obtain and repay the loan. Any amounts loaned shall be
19 deposited in the fund to be allocated by the board in accordance
20 with this chapter.
21 5096.776. All money deposited in the fund that is derived
22 from premium and accrued interest on bonds sold shall be
23 reserved in the fund and shall be available for transfer to the
24 General Fund as a credit to expenditures for bond interest.
25 5096.777. The bonds may be refunded in accordance with
26 Article 6 (commencing with Section 16780) of Chapter 4 of Part
27 3 of Division 4 of Title 2 of the Government Code, which is a
28 part of the State General Obligation Bond Law. Approval by the
29 voters of the state of the issuance of the bonds described in this
30 chapter includes the approval of the issuance of any bonds to
31 refund any bonds originally issued under this chapter or any
32 previously issued refunding bonds.
33 5096.778. Notwithstanding any provision of this chapter or
34 the State General Obligation Bond Law, if the Treasurer sells
35 bonds pursuant to this chapter that include a bond counsel
36 opinion to the effect that the interest on the bonds is excluded
37 from gross income for federal tax purposes, subject to designated
38 conditions, the Treasurer may maintain separate accounts for the
39 investment of bond proceeds and the investment earnings on
40 those proceeds. The Treasurer may use or direct the use of those
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SB 153 —22-
1 proceeds or earnings to pay any rebate, penalty, or other payment
2 required under federal law or to take any other action with
3 respect to the investment and use of those bond proceeds
4 required or desirable under federal law to maintain the
5 tax-exempt status of those bonds and to obtain any other
6 advantage under federal law on behalf of the funds of this state.
7 5096.779. The Legislature hereby finds and declares that,
8 inasmuch as the proceeds from the sale of bonds authorized by
9 this chapter are not "proceeds of taxes" as that term is used in
10 Article XIII B of the California Constitution; the disbursement of
11 these proceeds is not subject to the limitations imposed by that
12 article.
13 5096.781. Except for funds continuously appropriated by this
14 chapter, all appropriations of funds pursuant to Section 5096.710
15 for purposes of the program shall be included in the annual
16 Budget Bill for the 2006-07 fiscal year, and each succeeding
17 fiscal year, for consideration by the Legislature, and shall bear
18 the label "California Clean Water, Safe Neighborhood Parks, and
19 Coastal Protection Program Fund of 2006." The annual Budget
20 Bill section shall contain separate items for each project, each
21 class of project, or each element of the program for which an
22 appropriation is made.
23 5096.783. The secretary shall provide for an annual audit of
24 expenditures from this chapter.
25 SEC. 2. Section 1 of this act shall take effect upon adoption
26 by the voters of the California Clean Water, Safe Neighborhood
27 Parks, and Coastal Protection Act of 2006, as set forth in Section
28 1 of this act.
29 SEC. 3. (a) Notwithstanding the requirements of any other
30 provision of law, the Secretary of State shall submit Section 1 of
31 this act to the voters at the 2006 statewide primary election.
32 (b) The Secretary of State shall ensure the placement of
33 Section 1 in accordance with provisions of the Government Code
34 and the Elections Code governing the submission of statewide
35 measures to the voters.
36 (c) The Secretary of State shall include, in the ballot
37 pamphlets mailed pursuant to Section 9094 of the Elections
38 Code, the information specified in Section 9084 of the Elections
39 Code regarding the bond act set forth in Section 1 of this act.
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2 CORRECTIONS:
3 Text—Page 4.
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