HomeMy WebLinkAbout2000-02-08 - AGENDA REPORTS - PROP 12 SAFE PARKS CLEAN WATER (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
CONSENT CALENDAR
DATE: February 8, 2000
SUBJECT: PROPOSITION 12 "SAFE NEIGHBORHOOD PARKS, CLEAN
WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT
OF 2000"
DEPARTMENT: City Manager
RECOMMENDED ACTION
Adopt resolution of support.
BACKGROUND
This proposition allows the state to sell $2.1 billion of general obligation bonds to spend on
acquisition, development, and protection of recreational, cultural, and natural areas.
Approximately $940 million of the bond money would be granted to local agencies for local
recreational, cultural, and natural areas. Specifically, the City of Santa Clara would receive
up to $1.9 million in per capita funds for acquisition of development of City parks. Another
$1 million would be allocated for the acquisition and development of land in the Santa
Clara River Watershed area. Proposition 12 also provides for multiple categories and
hundreds of millions of dollars in competitive grant funds. The remaining $1.16 billion
would be used by the state for recreational, cultural, and natural areas of statewide
significance.
At the November 9, 1999 meeting, the City Council appropriated $20,000 from the City
Council Contingency Account to coordinate an effort to educate local voters on the
importance of Proposition 12 and provide support to the development of project eligibility
and application criteria guidelines for the bond measure.
ALTERNATIVE ACTIONS
1. Approve resolution of support for Proposition 12.
2. Oppose 12.
3. Remain neutral.
4. Other actions as determined by Council.
FISCAL IMPACT
General obligation bonds are backed by the State, which requires the state to pay principal and
interest on these bonds out of General Fund revenues. The cost to pay Proposition 12 bonds over
25 years is estimated to be about $3.6 billion to pay off both the principal ($2.1 billion) and
interest ($1.5 billion). The average annual payment would be about $144 million.
The state and local governments that buy or improve property with these bond funds will
incur additional costs to operate or manage these properties. These costs may be offset
partly by revenues from those properties, such as entrance fees. The net additional costs
(statewide) could potentially be in the tens of millions of dollars annually.
ATTACHMENTS
Resolution of support
Full text of Proposition 12 — available in City Clerk's Reading File.
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CA Secretary of State - Primary Election 2000 - Text of Proposition 12, Page 1 of 28
Proposition 12 1 Vote 2000 Home I Ballot Pamphlet Home I Next - Prop 13 1 Secretary of State Home
Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Act of 2000.
(The Villaraigosa-Keeley Act)
Text of Proposition 12
This law proposed by Assembly Bill 18 of the 1999-2000 Regular Session
(Chapter 461, Statutes of 1999) is submitted to the people in
accordance with the provisions of Article XVI of the California
Constitution.
This proposed law adds sections to the Public Resources Code;
therefore, new provisions proposed to be added are printed in italic
type to indicate that they are new.
PROPOSED LAW
SECTION 1. Chapter 1.692 (commencing with Section 5096.300) is added to
Division 5 of the Public Resources Code, to read:
Chapter 1.692. Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000
(The Villaraigosa-Keeley Act)
Article 1. General Provisions
5096.300. This chapter shall be known, and may be cited, as the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond
Act of 2000 (the Villaraigosa-Keeley Act).
5096.301. Responding to the recreational and open -space needs of a
growing population and expanding urban communities, this act will
revive state stewardship of natural resources by investing in
neighborhood parks and state parks, clean water protection, and coastal
beaches and scenic areas.
5096.302. The Legislature finds and declares all of the following:
(a) Historically, California's local and neighborhood parks often serve
as the recreational, social, and cultural centers for cities and
communities, providing venues for youth enrichment, senior activities,
and family recreation.
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(b) Neighborhood and state parks provide safe places to play in the
urban neighborhoods, splendid scenic landscapes, exceptional
experiences, and world -recognized recreational opportunities, and in so
doing, are vital to California's quality of life and economy.
(c) For over a decade, the state's commitment to parks and natural
resources has dwindled. California has not kept pace with the needed
funding to adequately manage and maintain its multibillion dollar
investment in neighborhood, urban, and state parks and natural areas
resulting in disrepair and overcrowding of many park facilities and the
degradation of wild lands.
(d) The magnificent Pacific Coast, outstanding mountain ranges, and
unique scenic regions are the source of tremendous economic opportunity
and contribute enormously to the quality of life of Californians.
(e) Continued economic success and enjoyment derived from California's
natural resources depends on maintaining clean water, healthy
ecosystems, and expanding public access for a growing state.
(f) The backlog of needs for repair and maintenance of local and urban
parks exceeds two billion five hundred million dollars and the need for
maintenance of state parks exceeds one billion dollars. The state's
conservancies and wildlife agencies report a need for habitat
acquisition and restoration exceeding $1.8 billion.
(g) This act will begin to address these critical neighborhood park and
natural resources needs.
5096.303. The Legislature further finds and declares all of the
following:
(a) Air pollution continues to be a major problem in California which
harms the health of our residents, costs our economy billions of
dollars related to health care costs, reduced agricultural
productivity, and damage to our infrastructure, and otherwise decreases
the quality of life in our state.
(b) Forests and trees improve air quality by removing carbon dioxide,
particulates, and other pollutants from the air, and by producing
oxygen.
(c) Park, open -space, and tree planting projects also improve air
quality and decrease congestion by reducing sprawl, improving the
quality of life in areas that are already developed by helping local
agencies implement sound land use plans that promote energy efficiency,
and by providing incentives to reduce development in inappropriate
areas.
5096.306. it is the intent of the Legislature to strongly encourage
every state or local government agency receiving the bond funds
allocated pursuant to this chapter for an activity to give full and
proper consideration to the use of recycled and reusable products
whenever possible with regard to carrying out that activity.
5096.307. (a) Every proposed activity to be funded pursuant to this
chapter shall be in compliance with the California Environmental
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Quality Act (Division 13 (commencing with Section 21000)).
(b) Lands acquired with funds allocated pursuant to this chapter shall
be acquired from a willing seller of the land.
5096.3075. Upon a finding by the administering entity that a particular
project for which funds have been allocated cannot be completed, or
that the funds are in excess of the total needed, the Legislature may
reallocate those funds for other high priority needs consistent with
this act.
5096.308. As used in this chapter, the following terms have the
following meanings:
(a) "Acquisition" means the acquisition from a willing seller of a fee
interest or any other interest, including easements and development
rights, in real property from a willing seller.
(b) "Board" means the Secretary of the Resources Agency designated in
accordance with subdivision (b) of Section 5096.362.
(c) "Certified local community conservation corps programs" means
programs operated by public or private nonprofit agencies pursuant to
Section 14406.
(d) "Committee" means the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection (Vi.11araigosa-Keeley Act) Finance Committee
created pursuant to subdivision (a) of Section 5096.362.
(e) "District" means any regional park district, regional park and
open -space district, or regional open -space district formed pursuant to
Article 3 (commencing with Section 5500) of Chapter 3, any recreation
and park district formed pursuant to Chapter 4 (commencing with Section
5780), or an 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 district that is authorized by statute to operate and
manage parks or recreational areas or facilities, employs a full-time
park and recreation director, offers year-round park and recreation
services on lands and facilities owned by the district, and allocates a
substantial portion of its annual operating budget to parks or
recreation areas or facilities.
(f) "Fund" means the Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund created
pursuant to Section 5096.310.
(g) "Historical resource" includes, but is not limited to, any
building, structure, site area, place, artifact, or collection of
artifacts that is historically or archaeologically significant in the
cultural annals of California.
(h) "Program" means the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection (Villaraigosa-Keeley Act) Program
established pursuant to this chapter.
(i) "Secretary" means the Secretary of the Resources Agency.
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(j) (1) "Stewardship" means the development and implementation of
projects for the protection, preservation, rehabilitation, restoration,
and improvement of natural systems and outstanding features of the
state park system and historical and cultural resources. Those efforts
may not include
activities that merely supplement normal park operations or that are
usually funded from other sources.
(2) (A) "Cultural resources stewardship" may include, but is not
limited to, stabilization and protection of historical resources,
including archaeological resources, in the state park system. Those
resources may include sites, features, ruins, archaeological deposits,
historical landscape resources, rock art features, and artifacts making
up the physical legacy of California's past.
(B) "Cultural resources stewardship" does not include the
rehabilitation, restoration, reconstruction, interpretation, or
mitigation of historical resources typically required as part of a
development program.
(3) "Natural resources stewardship" may include, but is not limited to,
such objectives as the control of major erosion and geologic hazards,
the restoration and improvement of critical plant and animal habitat,
the control and elimination of exotic species encroachment, the
stabilization of coastal dunes and bluffs, and the planning necessary
to implement those objectives.
(k) "Wildlife conservation partnership" means a cooperative
acquisition, restoration, or management of wildlife habitat for which
the Wildlife Conservation Board provides matching funds to leverage
other public, private, or nonprofit resources to maximize the
conservation benefits to wildlife and wildlife habitat.
5096.309. Pursuant to guidelines issued by the secretary, all
recipients of funding pursuant to this chapter shall post signs
acknowledging the source of the funds.
Article 2. Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Program
5096.310. The proceeds of bonds issued and sold pursuant to this
chapter shall be deposited in the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Bond Fund,
which is hereby created. Unless otherwise specified and except as
provided in subdivision (m), the money in the fund shall be available
for appropriation by the Legislature, in the manner set forth in this
chapter, only for parks and resources improvement and administrative
costs allocable to the bond funded projects, in accordance with the
following schedule:
(a) The sum of five hundred two million seven hundred fifty thousand
dollars ($502,750,000) to the department for the following purposes:
(1) To rehabilitate, restore, and improve units of the state park
system that will ensure that state park system lands and facilities
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will remain open and accessible for public use.
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(2) To develop, improve, rehabilitate, restore, enhance, and protect
facilities and trails at existing units of the state park system that
will provide for optimal recreational and educational use, activities,
improved access and safety, and the acquisition from a willing seller
of inholdings and adjacent lands. Adjacent lands are lands contiguous
to, or in the immediate vicinity of, existing state park system lands
and that directly benefit an existing state park system unit.
(3) For stewardship of the public investment in the preservation of the
critical natural heritage and scenic features, and cultural heritage
stewardship projects that will preserve vanishing remnants of
California's landscape, and protect and promote a greater understanding
of California's past, and the planning necessary to implement those
efforts.
(4) For facilities and improvements to enhance volunteer participation
in the state park system.
(5) To develop, improve, and expand interpretive facilities at units of
the state park system, including educational exhibits and visitor
orientation centers.
(6) To rehabilitate and repair aging facilities at winter recreation
facilities pursuant to the Sno-Park program, as provided for in Chapter
1.27 (commencing with Section 5091.01), that provide for improved
public safety.
(7) For projects that improve air quality related to the state park
system, including, but not limited to, the purchase of low -emission or
advanced technology vehicles and equipment and clean fuel distribution
facilities that will avoid or reduce air emissions at state park
facilities.
(b) The sum of eighteen million dollars ($18,000,000) to the department
to undertake stewardship projects, including cultural resources
stewardship and natural resources stewardship projects, that will
restore and protect the natural treasures of the state park system,
preserve vanishing remnants of California's landscape, and protect and
promote a greater understanding of California's past.
(c) The sum of four million dollars ($4,000,000) to the department for
facilities and improvements to enhance volunteer participation in the
state park system.
(d) The sum of twenty million dollars ($20,000,000) to the department
for grants to local agencies administering units of the state park
system under an operating agreement with the department, for the
development, improvement, rehabilitation, restoration, enhancement,
protection, and interpretation of lands and facilities of, and improved
access to, those locally operated units.
(e) The sum of ten millions dollars ($10,000,000) to the California
Heritage Fund, created pursuant to Section 5079.10, for competitive
grants, in accordance with Section 5096.335.
(f) The sum of three hundred eighty-eight million dollars
($388,000,000) to the department for grants, in accordance with
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Sections 5096.332, 5096.333, and 5096.336, on the basis of population,
for the acquisition, development, improvement, rehabilitation,
restoration, enhancement, and interpretation of local park and
recreational lands and facilities, including renovation of recreational
facilities conveyed to local agencies resulting from the downsizing or
decommissioning of federal military installations.
(g) The sum of two hundred million dollars ($200,000,000) to the
department for grants to cities, counties, and districts for the
acquisition, development, rehabilitation, and restoration of park and
recreation areas and facilities pursuant to the Roberti-Z'berg-Harris
Urban Open -Space and Recreational Program Act (Chapter 3.2 (commencing
with Section 5620)).
(h) The sum of ten million dollars ($10,000,000) to the department for
grants, in accordance with Section 5096.337, for the improvement or
acquisition and restoration of riparian habitat, riverine aquatic
habitat, and other lands in close proximity to rivers and streams for
river and stream trail projects undertaken in accordance with Section
78682.2 of the Water Code, and for purposes of Section 7048 of the
Water Code.
(i) The sum of ten million dollars ($10,000,000) to the department for
grants, in accordance with Section 5096.337, for the development,.
improvement, rehabilitation, restoration, enhancement, and
interpretation of nonmotorized trails for the purpose of increasing
public access to, and enjoyment of, public areas for increased
recreational opportunities. Not less than two million five hundred
thousand dollars ($2,500,000) of this amount shall be allocated toward
the completion of projects that link existing bicycle and pedestrian
trail systems to major urban public transportation systems, to promote
increased recreational opportunities and nonmotorized commuter usage.
Of this amount, no less than two hundred seventy-five thousand dollars
($275,000) shall be allocated to the East Bay Regional Park District
toward the completion of the Iron Horse Trail.
(j) The sum of one hundred million dollars ($100,000,000) to the
department for grants to public agencies and nonprofit organizations
for park, youth center, and environmental enhancement projects and
programs that benefit youth in areas that lack safe neighborhood parks,
open space, and natural areas, and that have significant poverty.
(k) The sum of two million five hundred thousand dollars ($2,500,000)
to the California Conservation Corps to complete capital outlay and
resource conservation projects and administrative costs allocable to
the bond funded projects.
() The sum of eighty-six million five hundred thousand dollars
($86,500,000) to the department for the following purposes:
(1) The sum of seventy-one million five hundred thousand dollars
($71,500,000) for grants, in accordance with Sections 5096.339 and
5096.340, for urban recreational and cultural centers, including, but
not limited to, zoos, museums, aquariums, and facilities for wildlife,
environmental, or natural science aquatic education or projects that
combine curation of archaeological, paleontological, and historic
resources with education and basic and applied research, and that
emphasize specimens of California's extinct prehistoric plants and
animals.
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(2) The sum of fifteen million dollars ($15,000,000) for grants for
regional youth soccer and baseball facilities operated by nonprofit
organizations. Priority shall be given to those grant projects that
utilize existing school facilities or recreation facilities and serve
disadvantaged youth.
(m) Notwithstanding Section 13340 of the Government Code, the sum of
two hundred sixty-five million five hundred thousand dollars
($265,500,000) is hereby continuously appropriated to the Wildlife
Conservation Board, without regard to fiscal years, in accordance with
Section 5096.350.
(n) The sum of fifty million dollars ($50,000,000) to the California
Tahoe Conservancy, in accordance with Section 5096.351.
(o) The sum of two hundred twenty million four hundred thousand dollars
($220,400,000) to the State Coastal Conservancy, in accordance with
Section 5096.352.
(p) The sum of thirty-five million dollars ($35,000,000) to the Santa
Monica Mountains Conservancy, in accordance with Section 5096.353.
(q) The sum of five million dollars ($5,000,000) to the Coachella
Valley Mountains Conservancy, in accordance with Section 5096.354.
(r) The sum of fifteen million dollars ($15,000,000) to the San Joaquin
River Conservancy, in accordance with Section 5096.355.
(s) The sum of twelve million five hundred thousand dollars
($12,500,000) to the California Conservation Corps for grants for the
certified local community conservation corps program to complete
capital outlay and resource conservation projects.
(t) The sum of twenty-five million dollars ($25,000,000) to the
Department of Conservation in accordance with Section 5096.356.
(u) The sum of ten million dollars ($10,000,000) to the Department of
Forestry and Fire Protection for urban forestry programs in accordance
with Section 4799.12. The grants made pursuant to this subdivision
shall be for costs associated with the purchase and planting of trees,
and up to three years of care which ensures the long-term viability of
those trees.
(v) The sum of twelve million dollars ($12,000,000) to the Department
of Fish and Game for the following purposes:
(I) The sum of five million dollars ($5,000,000) for expenditure in
accordance with subdivision (a) of Section 5096.357.
(2) The sum of five million dollars ($5,000,000) for expenditure in
accordance with subdivision (b) of Section 5096.357.
(3) The sum of two million dollars ($2,000,000) to remove nonnative
vegetation harmful to ecological reserves.
(w) The sum of thirty million dollars ($30,000,000) shall be available
for purposes of Chapter 4.5 (commencing with Section 31160) of Division
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21. Two hundred fifty thousand dollars ($250,000) shall be allocated to
a nonprofit organization dedicated to protecting, preserving, and
saving Mount Diablo.
(x) (I) The sum of seven million dollars ($7,000,000) to the California
Integrated Waste Management Board for grants to local agencies to
assist them in meeting state and federal accessibility standards
relating to public playgrounds if the local agency guarantees that 50
percent of the grant funds will be used for the improvement or
replacement of playground equipment or facilities through the use of
recycled materials and that matching funds in an amount equal to not
less than 50 percent of the total amount of those grant funds will be
provided through either public or private funds or in-kind
contributions. The board may reduce this matching fund requirement to
not less than 25 percent if it determines that the 50 percent
requirement would impose an extreme financial hardship on the local
agency applying for the grant.
(2) The funds allocated pursuant to paragraph (1) shall be deposited
into the Playground Safety and Recycling Account established pursuant
to Section 115815 of the Health and Safety Code if Assembly Bill 1055
of the 1999-2000 Regular Session, which would add that section, is
enacted and becomes operative on or before January 1, 2000. If Assembly
Bill 1055 of the 1999-2000 Regular Session is not enacted and does not
become operative on or before January 1, 2000, the Playground Safety
and Recycling Account is hereby created for the deposit of funds
allocated pursuant to paragraph (1).
(3) The funds deposited into the account pursuant to this subdivision
may be expended by the board, upon appropriation by the Legislature,
for the purposes specified in paragraph (1).
(y) The sum of fifteen million dollars ($15,000,000) to a city for
rehabilitation, restoration, or enhancement to a city park that is over
1,000 acres that serves an urban area of over 750,000 population in
northern California and that provides recreational, cultural, and
scientific resources.
(z) (1) The sum of six million two hundred fifty thousand dollars
($6,250,000) to the secretary to administer grants to the Sierra
Nevada -Cascade Program, in accordance with Section 5096.347.
(2) The sum of thirty-three million five hundred thousand dollars
($33,500,000) to the secretary to administer a river parkway and
restoration program to assist local agencies and other districts to
plan, create, and conserve river parkways. The secretary shall make
funds available in accordance with Sections 7048 and 78682.2 of the
Water Code, and any other applicable authority, for the following
purposes:
(A) Twenty-five million dollars ($25,000,000) for the acquisition or
restoration of public lands within the Los Angeles River Watershed, the
San Gabriel River Watershed, and the San Gabriel Mountains and to
provide open space, nonmotorized trails, bike paths, and other low -
impact recreational uses and wildlife and habitat restoration and
protection. Ten million dollars ($10,000,000) shall be allocated for
the Los Angeles River Watershed, and fifteen million dollars
($15,000,000) shall be allocated for the San Gabriel River Watershed
and the San Gabriel Mountains and lower Los Angeles River.
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(B) Two million five hundred thousand dollars ($2,500,000) for river
parkway projects along the Kern River between the mouth of the Kern
Canyon and I-5.
(C) One million dollars ($1,000,000) for land acquisition in the Santa
Clarita watershed.
(D) Three million dollars ($3,000,000) for watershed, riparian, and
wetlands restoration along the Sacramento River in Yolo, Glenn, and
Colusa Counties.
(E) Two million dollars ($2,000,000) for the construction of a visitor
center at a state recreation area encompassing a body of water along
the American River.
(3) The sum of two million dollars ($2,000,000) to the secretary for
resource conservation and urban water recycling, multicounty regional
recreational needs habitat restoration, and joint sponsorship by
multiple local agencies and nonprofit organizations in the County of
Sonoma.
(4) The sum of one million one hundred thousand dollars ($1,100,000) to
the secretary, two hundred thousand dollars ($200,000) of which shall
be made available to fund a community center and a veterans park in San
Benito County, five hundred thousand dollars ($500,000) of which shall
be made available to fund a community center in the City of Galt, and
four hundred thousand dollars ($400,000) of which shall be made
available to fund a community center in the City of Gilroy.
(5) Two million dollars ($2,000,000) for Camp Arroyo in Alameda County.
(6) The sum of one million dollars ($1,000,000) to construct a
rehabilitation center for injured endangered and indigenous wild
animals in the San Bernardino Mountains.
Article 3. State Park System Program
5096.320. The Legislature hereby recognizes that public financial
resources are inadequate to meet all capital outlay needs of the state
park system and that the need for the acquisition, development,
restoration, rehabilitation, improvement, and protection of state park
system lands and facilities has increased to the point that their
continued well-being and the realization of their full public benefit
is in jeopardy.
(a) The department shall annually submit to the Legislature and to the
secretary a report, consisting of a prioritized listing and comparative
evaluation of needs.
(b) Projects approved by the secretary shall be forwarded by the
secretary to the Director of Finance for inclusion in the Budget Bill.
5096.322. (a) No later than November 1, 2001, the director shall
determine the amount of funding that is necessary to complete all
deferred maintenance projects within each unit of the state park
system.
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(b) Except as provided in subdivision (c), no proceeds of the bonds
issued and sold pursuant to this chapter may be used to acquire
improved property for a unit of the state park system until 75 percent
of the amount determined pursuant to subdivision (a) has been
appropriated, and allocated to complete deferred maintenance projects
within that unit from an appropriated funding source other than the
proceeds of the bonds issued and sold pursuant to this chapter.
(c) Real property may be acquired under this chapter for a unit of the
state park system that does not meet the requirements of subdivision
(b) only if the director finds, with respect to that unit, that a
unique opportunity is presented to acquire real property that will
constitute a significant improvement of the state park system.
(d) As used in this section, "deferred maintenance project" means any
project identified in the department's 2001 Deferred Maintenance
Assessment that rehabilitates or repairs a facility to a safe and
usable condition for the visiting public.
5096.323. Fifty million dollars ($50,000,000) of the funds allocated
pursuant to subdivision (a) of Section 5096.310 shall be expended for
the acquisition of land from willing sellers that are ahigh priority
for both the state parks system and for habitat purposes, with priority
given to projects that protect habitat for rare, threatened, or
endangered species pursuant to a natural community conservation plan
adopted pursuant to Chapter 10 (commencing with Section 2800) of
Division 10 of the Fish and Game Code, if the acquisition of the land
is conducted in conjunction with a natural community conservation plan
approved by the Department of Fish and Game prior to January 1, 1999,
or if the acquisition is approved by statute. Notwithstanding paragraph
(2) of subdivision (a) of Section 5096.310, those land acquisitions may
be for either new or existing units of the state park system.
5096.324. (a) Funds appropriated to the department pursuant to
subdivision (a) of Section 5096.310 shall be made available for the
following purposes:
(1) The sum of fifteen million dollars ($15,000,000) to preserve and
restore a unit of the state parks system that preserves and restores
cultural and historical immigration resources in northern California.
(2) The sum of two million six hundred thousand dollars ($2,600,000) to
construct visitor centers in state parks, state recreation areas, and
state historic parks. The department shall give priority to projects at
Chino Hills State Park and California Citrus State Historic Park.
(3) Up to six hundred fifty thousand dollars ($650,000) for playground
equipment upgrades in state recreation areas.
(4) The sum of two hundred fifty thousand dollars ($250,000) for
restoration of state reserves that maintain the state flower.
(5) The sum of one million dollars ($1,000,000) for restoration of
state beaches.
(6) The sum of five million dollars ($5,000,000) for restoration,
study, and curation of paleontological, archaeological, and historical
resource site protection. Priority shall be given to projects that
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combine curation of archaeological, paleontological, and historical
resources with education and basic and applied research, and that
emphasize specimens of California's extinct prehistoric plants and
animals.
(7) The sum of two million seven hundred fifty thousand dollars
($2,750,000) for restoration of historic rail sites and capital outlay
projects for state approved underground mine tour sites.
(8) The sum of ten million dollars ($10,000,000) for the acquisition of
lands from willing sellers of lands that are forested with redwoods or
that will enhance the protection or preservation of the redwood forest
ecosystem. The department shall give preference to projects where
matching contributions in funding from other public agencies, private
parties, or nonprofit organizations are available.
(9) Up to five hundred thousand dollars ($500,000) to construct trails,
trailheads, and parking, and to provide nonvehicular public access
between the Bear and Mendoza Ranch open -space and adjacent Henry Coe
State Park.
Article 4. Grant Program
5096.331. The Legislature hereby recognizes that public financial
resources are inadequate to meet all of the funding needs of local
public park and recreation providers and that there is an urgent need
for safe, open, and accessible local park and recreational facilities
and for the increased recreational opportunities that provide positive
alternatives to social problems. Accordingly, it is declared to be the
policy of this state that the funds allocated pursuant to subdivisions
(f) and (g) of Section 5096.310 to local agencies shall be appropriated
primarily for projects that accomplish all of the following:
(a) Rehabilitate facilities at existing local parks that will provide
for more efficient management and reduced operational costs. This may
include grants to local agencies for the renovation of recreational
facilities conveyed to local agencies resulting from the downsizing and
decommissioning of federal military installations.
(b) Develop facilities that promote positive alternatives for youth and
that promote cooperation between local park and recreation service
providers and youth -serving nonprofit organizations.
(c) Promote family oriented recreation, including art activities.
(d) Provide for open, safe, and accessible local park lands,
facilities, and botanical gardens.
5096.332. (a) Sixty percent of the total funds available for grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated to
cities and to districts other than a regional park district, regional
park and open -space district, 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 areas and unincorporated
areas within the district, except that each city or district shall be
entitled to a minimum allocation of thirty thousand dollars ($30,000).
In any instance in which the boundary of a city overlaps the boundary
of such a district, the population in the area of overlapping
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jurisdictions 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. In any instance in which the
boundary of a city overlaps the boundary of such a district, and in the
area of overlap the city does not operate and manage parks and
recreational areas and facilities, all grant funds shall be allocated
to the district.
(b) Each city and each district subject to subdivision (a) whose
boundaries overlap shall develop a specific plan for allocating the
grant funds in accordance with the formula specified in subdivision
(a). If, by April 1, 2001, the plan has not been agreed to by the city
and district and submitted to the department, the director shall
determine the allocation of the grant funds among the affected
jurisdictions.
5096.333. (a) Forty percent of the total funds available for grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated to
counties and regional park districts, regional park and open -space
districts, or regional open -space districts formed pursuant to Article
3 (commencing with Section 5500) of Chapter 3.
(b) Each county's allocation under subdivision (a) shall be in the same
ratio as the county's population, except that each county shall be
entitled to a minimum allocation of one hundred fifty thousand dollars
($150,000).
(c) In any county that embraces all or part of the territory of a
regional park district, regional park and open -space district, or
regional open -space district, whose board of directors is not the
county board of supervisors, the amount allocated to the county shall
be apportioned between that district and the county in proportion to
the population of the county that is included within the territory of
the district and the population of the county that is outside the
territory of the district.
(d) In any county that currently embraces all or a part of the
territory of a regional open -space district and an authority formed
pursuant to Division 26 (commencing with Section 35100), the allocation
shall be distributed between the county and these entities as follows:
(1) First, the funds shall be apportioned between the district and the
county in proportion to the population of the county that is included
within the territory of the district, and the proportion of the
population of the county that is outside the district. The amounts
resulting from this calculation shall be known as the district's share,
and the county's first balance. The district's share shall be allocated
to the district. The county's first balance shall be further
apportioned as provided in paragraph (2).
(2) The county's first balance, as determined in accordance with
paragraph (1), shall be further apportioned between the authority and
the county in proportion to the population of the county that is
included within the territory of the authority, and the proportion of
the population of the county that is outside the authority. The amounts
resulting from this calculation shall be known as the authority's
share, and the county's second balance.
(3) The authority's share shall be divided equally between the county
and the authority. The county shall receive all of the county's second
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balance.
5096.334. Notwithstanding Section 5096.331, of the funds allocated on
the basis of population pursuant to subdivision (f) of Section 5096.310
within counties with a population of five million persons or more, not
less than 75 percent of the total amount shall be available as follows:
(a) Not less than 20 percent for land acquisition, construction,
development, and rehabilitation of at -risk youth recreation facilities.
As used in this section, "at -risk youth" means persons who have not
attained the age of 21 years and are at high risk of being involved in,
or are involved in, one or more of the following: gangs, juvenile
delinquency, criminal activity, substance abuse, adolescent pregnancy,
or school failure or dropout.
(b) Not less than 40 percent for projects within the most economically
disadvantaged areas, which may include projects along river parkways,
conservation corridors, and parkways along corridors of economic
significance.
(c) Not less than 10 percent for urban reforestation projects.
(d) Not more than 5 percent for projects that convert publicly owned
land to a neighborhood park providing open -space, recreational,
cultural, and festival opportunities, if the bond proceeds do not
exceed 25 percent of the total project cost and there is a 75 percent
funding match.
5096.335. Funds authorized pursuant to subdivision (e) of Section
5096.310 shall be administered by the State Office of Historic
Preservation and shall be available as grants, on a competitive basis,
to cities, counties, districts, local agencies formed for park purposes
pursuant to a joint powers agreement between two or more local
entities, and nonprofit organizations for the acquisition, development,
rehabilitation, restoration, and interpretation of historical
resources.
5096.336. (a) Of the funds authorized pursuant to subdivision (f) of
Section 5096.310, three hundred thirty-eight million dollars
($338,000,000) shall be available for grants to cities, counties, and
districts on the basis of their populations, as determined by the
department in cooperation with the Department of Finance, on the basis
of the most recent verifiable census data and other population data
that the department may require to be furnished by the applicant city,
county, or district.
(b) Of the funds authorized pursuant to subdivision (f) of Section
5096.310, fifty million dollars ($50,000,000) available for grants
pursuant to subdivision (f) of Section 5096.310 shall be allocated 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 counties"
means a county with a population of 200,000 or greater.
5096.337. (a) Funds authorized pursuant to subdivisions (h), (i), and
(z) of Section 5096.310 shall be available as grants, on a competitive
basis, to cities, counties, districts, local agencies formed for park
purposes pursuant to a joint powers agreement as defined in subdivision
(b), and other districts, as defined in subdivision (c).
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(b) For purposes of this section, "local agency" means any local agency
formed for park purposes pursuant to a joint powers agreement between
two or more local entities.
(c) For purposes of this section, "other districts" include any
district authorized to provide park, recreational, or open -space
services, or a combination of those services, except a school district.
5096.338. The funds allocated pursuant to subdivision (j) of Section
5096.310 shall, upon appropriation in the annual Budget Act, be
available for existing or new entities or programs designated by
statute for grants to public agencies and nonprofit organizations, and
for related administrative costs. At least 50 percent of the funds
shall be available for grants to local public agencies and districts.
5096.339. Not less than 11 percent of the funds authorized in paragraph
(1) of subdivision () of Section 5096.310 shall be available as grants
administered by the department to cities, counties, and nonprofit
organizations for the development, rehabilitation, or restoration of
facilities accredited by the American Zoo and Aquarium Association
(AZA) and operated by cities, counties, and nonprofit organizations,
and to cities, counties, and nonprofit organizations for the
development, rehabilitation, or restoration of zoos and aquariums
operated by cities, counties, and nonprofit organizations, but not yet
accredited by the AZA. This program shall be known, and may be cited,
as the Dr. Paul Chaffee Zoological Program. Allocation in awarding
grants pursuant to this section shall be in accordance with the
following schedule:
(a) Individual grants of up to one million dollars ($1,000,000), or an
amount to be determined by dividing 95 percent of the total zoo and
aquarium funds available pursuant to this section by the number of AZA
accredited institutions at the time of enactment of this section, shall
be made available to zoos and aquariums that are AZA accredited.
(b) Not less than 20 percent or two million dollars ($2,000,000),
whichever is greater, of the funds available pursuant to subdivision
(a) shall be reserved for institutions with annual operating budgets of
less than one million dollars ($1,000,000).
(c) Not more than 5 percent of the total funds available pursuant to
this section, shall be made available as grants to zoos and aquariums
that have initiated the AZA accreditation process but are not yet
accredited at the time of the enactment of this section. Grants awarded
under this subdivision shall be dedicated to projects which will
enhance the institution's ability to meet standards of AZA
accreditation.
(d) Not more than 5 percent of the total funds available pursuant to
this section shall be granted for publicly owned or nonprofit zoos and
wildlife centers that may not be accredited, but that care for animals
that have been injured or abandoned and that cannot be returned to the
wild. To be eligible for this portion of those funds, applicants shall
demonstrate that they serve a regional area, foster the environmental
relationships of animals within that region, and operate outreach and
onsite programs communicating those objectives to the public.
(e) At least ten million dollars ($10,000,000) shall be provided to the
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California Science Center for implementation of the Exposition Master
Plan. Three million dollars ($3,000,000) of this amount shall be made
available to the California African-American Museum for completion of
its education and visitor facility in Exposition Park and seven million
dollars ($7,000,000) of this amount shall be made available for the
California Science Centers' environmental science facility.
(f) Not less than five hundred thousand dollars ($500,000) of the funds
allocated pursuant to this section shall be available as grants for
facilities for education programs focused on the National Marine
Sanctuaries along California's coast.
(g) Not less than forty-four million seven hundred fifty thousand
dollars ($44,750,000) of the funds allocated pursuant to this section
shall be made available for the following purposes:
(1) At least ten million dollars ($10,000,000) shall be provided to the
Discovery Science Center in Santa Ana for capital improvement projects,
if there is a local match in private funds.
(2) At least ten million dollars ($10,000,000) shall be provided to the
California Academy of the Sciences for capital improvement projects, if
there is a local match in private funds.
(3) At least two million dollars ($2,000,000) shall be provided toward
the creation of the Delta Science Center to carry out significant
marine and delta aquatic education and interpretive programs, if there
is a local match in private funds.
(4) At least fifteen million dollars ($15,000,000) shall be provided to
the Alliance of Redding Museums for capital improvements for the Turtle
Bay -Museums and the Arboretum on the River, if there is a local match
in private funds.
(5) An individual grant of four million two hundred fifty thousand
dollars ($4,250,000) shall be made to the California Division of Fairs
and Expositions of the Department of Food and Agriculture for capital
outlay to assist with an approved contract entered into on or before
January 1, 2000, for an exposition or state fair relocation in any
county with a population greater than 5,000,000.
(6) The sum of three million five hundred thousand dollars ($3,500,000)
to enhance the two -acre historical exhibit at the Kern County Museum.
5096.340. (a) Not less than 11 percent of the funds authorized in
paragraph (1) of subdivision (1) of Section 5096.310 shall be available
as grants on a competitive basis to cities, counties, and nonprofit
organizations for the development or rehabilitation of real property
consisting of urban recreational and cultural centers, museums, and
facilities for wildlife education or environmental education.
(b) To be eligible for funding, a project shall initially be nominated
by a Member of the Legislature for study by the department. The
department shall .study each project so nominated and, prior to the
April 1 preceding the fiscal year in which funds are proposed to be
appropriated, shall submit to the Legislature a prioritized listing and
comparative evaluation of all projects nominated prior to the preceding
July 1.
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(c) In establishing priorities of projects, the department shall
consider any favorable project characteristics, including, but not
limited to, all of the following:
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(1) The project will interpret one or more important California
historical, cultural, economic, or resource themes or an important
historical, cultural, economic, technological, or resource theme in a
major region of California. Higher priority shall be assigned to
projects whose themes are not interpreted in any existing museum or
have demonstrable deficiencies in their presentation in an existing
museum.
(2) The project is proposed to be operated on lands that are already in
public ownership or on lands that will be acquired and used for the
project in conjunction with adjoining public lands.
(3) Projects that are closely related geographically to the resources,
activity, structure, place, or collection of objects to be interpreted,
and are close to population centers and access routes.
(4) Projects that are in, or close to, population centers or are
adjacent to, or readily served by, a state highway or other mode of
public transportation.
(5) Projects for which there are commitments, or the serious likelihood
of commitments, of funds or the donation of land or other property
suitable for the project.
(d) The department shall annually forward a list of the highest
priority projects to the Department of Finance for inclusion in the
Budget Bill.
(e) An application for a grant for a cooperative museum project shall
be submitted jointly by the city, county, or other public agency, an
institute of higher learning, or a nonprofit organization that
cooperatively is operating, or will operate, the project.
5096.341. (a) The director shall prepare and adopt criteria and
procedures for evaluating applications for grants allocated pursuant to
subdivisions (f), (g), (h), (i), and () of Section 5096.310. Individual
applications for funds shall be submitted to the department for
approval as to their conformity with the requirements of this chapter.
The application shall be accompanied by certification from the planning
agency of the applicant that the project for which the grant is
requested is consistent with the park and recreation element of the
applicable city or county general plan or the district park and
recreation plan, as the case may be, and will satisfy a high priority
need. To utilize available grant funds as effectively as possible,
overlapping or adjoining jurisdictions are encouraged to combine
projects and submit a joint application.
(b) Any applicant may allocate all or a portion of its per capita share
for a regional or state project.
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(c) The director shall annually forward a statement of the total amount
to be appropriated in each fiscal year for projects approved for grants
pursuant to subdivisions (f), (g), (h), (i), and () of Section 5096.310
to the Director of Finance for inclusion in the Budget Bill. A list of
eligible jurisdictions and the amount of grant funds to be allocated to
each shall also be made available by the department.
(d) (1) Funds appropriated for grants pursuant to subdivisions (f),
(g), (h), (i), and () of Section 5096.310 shall be encumbered by the
recipient within three years from the date that the appropriation
became effective. Regardless of the date of encumbrance of the granted
funds, the recipient is expected to complete all funded projects within
eight years of the effective date of the appropriation.
(2) Commencing with the Budget Bill for the 2009-10 fiscal year, any
grant funds appropriated pursuant to subdivisions (f), (g), (h), (i),
and () of Section 5096.310 that have not been expended by the grantee
shall revert to the fund and be available for appropriation by the
Legislature for one or more of the categories specified in Section
5096.310 that the Legislature determines to be of the highest priority
statewide.
5096.342. (a) Grant funds appropriated pursuant to subdivisions (f),
(g), (h), (i), and () of Section 5096.310 may be expended by the
grantee only for projects on lands owned by, or subject to a lease or
other interest held by, the grantee.
(b) if a grant applicant does not have fee title to the lands, the
applicant shall demonstrate to the satisfaction of the department that
the proposed project will provide public benefits that are commensurate
with the type and duration of the interest in land that is held by the
applicant.
5096.343. (a) Except as provided in subdivision (c), no grant funds
authorized pursuant to subdivisions (f), (g), (h), (i), and () of
Section 5096.310 may be disbursed unless the applicant has agreed, in
writing, to both of the following:
(1) To maintain and operate the property funded pursuant to this
chapter for a period that is commensurate with the type of project and
the proportion of state funds and local matching funds or property
allocated to the capital costs of the project. With the approval of the
department, the grantee, or the grantee's successor in interest in the
property, may transfer the responsibility to maintain and operate the
property in accordance with this section.
(2) To use the property only for the purposes for which the grant was
made and to make no other use or sale or other disposition of the
property, except as authorized by specific act of the Legislature.
(b) The agreements specified in subdivision (a) shall not prevent the
transfer of the property from the applicant to a public agency, if the
successor public agency assumes the obligations imposed by those
agreements.
(c) if the use of the property is changed to a use that is not
permitted by the category from which the grant funds were appropriated,
or if the property is sold or otherwise disposed of, an amount equal to
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(1) the amount of the grant, (2) the fair market value of the real
property, or (3) the proceeds from the sale or other disposition,
whichever is greater, shall be used by the grantee for a purpose
authorized by that category, pursuant to agreement with the department
as specified in subdivision (a), or shall be reimbursed to the fund and
be available for appropriation by the Legislature only for a purpose
authorized by that category. If the property sold or otherwise disposed
of is less than the entire interest in the property funded with the
grant, an amount equal to either the proceeds from the sale or other
disposition of the interest or the fair market value of the interest
sold or otherwise disposed of, whichever is greater, shall be used by
the grantee for a purpose authorized by the category from which the
funds were appropriated, pursuant to agreement with the department as
specified in subdivision (a), or shall be reimbursed to the fund and be
available for appropriation by the Legislature only for a use
authorized by that category.
5096.344. All grants, gifts, devises, or bequests to the state, that
are conditioned upon being used for park, conservation, recreational,
agricultural, or other such purposes, may be accepted and received on
behalf of the state by the appropriate departmental director, with the
approval of the Director of Finance, and those grants, gifts, devises,
or bequests shall be available, upon appropriation by the Legislature,
for expenditure for the purposes specified in Section 5096.310.
5096.345. Except for funds continuously appropriated by this chapter,
all appropriations of funds pursuant to Section 5096.310 for purposes
of the program shall be included in a section of the Budget Bill for
the 2001-02 fiscal year, and each succeeding fiscal year, for
consideration by the Legislature, and shall bear the caption "Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
(Villaraigosa-Keeley Act) Program." The section shall contain separate
items for each project, each class of project, or each element of the
program for which an appropriation is made.
Article 4.5. Clean Air Improvement Program
5096.346. (a) In allocating funds pursuant to subdivision (u) of
Section 5096.310, the Department of Forestry and Fire Protection shall
give preference to the planting of trees that provide greater air
quality benefits and to urban forestry projects that provide greater
energy conservation benefits.
(b) The Department of Forestry and Fire Protection shall consult with
the State Air Resources Board in developing guidelines for the
allocation of grant funds pursuant to subdivision (u) of Section
5096.310 that promote air quality benefits.
(c) State and local agencies shall consider potential air quality
benefits when allocating funds received pursuant to this chapter.
Article 4.6. Sierra Nevada -Cascade Mountain Region
5096.347. (a) The Legislature hereby finds and declares that the Sierra
Nevada and Cascade Mountain Region constitutes a unique and important
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environmental, anthropological, cultural, scientific, educational,
recreational, scenic, water, watershed, and wildlife resource that
should be held in trust for the enjoyment of, and appreciated by,
present and future generations.
(b) The secretary shall administer grants to the Sierra Nevada -Cascade
Program to assist local governments, agencies, districts, and nonprofit
organizations working in collaboration with those local governments,
agencies, and districts to plan, create, and conserve the Sierra -
Cascade natural ecosystem. The secretary shall make funds available on
a competitive basis for all of the following activities:
(1) The acquisition and restoration of riparian habitat in accordance
with Sections 7048 and 78682.2 of the Water Code to improve water
quality, and to protect, restore, or rehabilitate watersheds, streams,
wetlands, or other aquatic habitat.
(2) Capital improvement projects that provide park and recreational
opportunities.
(3) Access to trails and public lands, in accordance with Article 6
(commencing with Section 5070) of Chapter 1 of Division 5.
(4) Acquisition of park lands or recreational facilities.
(c) The secretary shall give priority to fund up to two million dollars
($2,000,000) for public beach improvements on properties owned or
administered by local agencies in the Lake Tahoe area, that will
provide improved lake access, bicycle and pedestrian trail linkages,
and interpretative facilities.
(d) The secretary may provide the following capital outlay grants:
(1) Five hundred thousand dollars ($500,000) for capital outlay to an
incorporated city all or part of the territory of which is located
within five miles of the boundary line between San Joaquin County and
Sacramento County.
(2) Two hundred fifty thousand dollars ($250,000) to the department for
the renovation of a state historical point of interest near the
intersection of Jack Tone Road and State Highway 88.
(e) For the purposes of this article, the Sierra Nevada -Cascade
Mountain Region includes those portions of Fresno County, Kern County,
Stanislaus County, and Tulare County, and counties with populations of
less than 250,000 as of the 1990 United States Census, that are located
in the mountains, the foothills, and the area adjacent to the geologic
formations of the Sierra Nevada and Cascade mountain ranges.
Article 4.7. Murray -Hayden Urban Parks and Youth
Service Program
5096.348. (a) Notwithstanding any other provision of this chapter,
funds allocated pursuant to subdivision (j) of Section 5096.310 shall
be allocated, upon appropriation by the Legislature, for parks, park
facilities, or environmental youth service centers that are within the
immediate proximity of a neighborhood that has been identified by the
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department as having a critical lack of park or open -space lands or
deteriorated park facilities, that are in an area of significant
poverty and unemployment, and that have a shortage of services for
youth. Priority shall be given to capital projects that employ
neighborhood residents and at -risk youth.
(b) (1) Fifty percent of the funds allocated pursuant to subdivision
(j) of Section 5096.310 shall be made available on a competitive basis
to heavily urbanized counties and cities or to nonprofit organizations
in those counties and cities, in compliance with subdivision (a) and
the matching requirements of the Roberti-Z'berg-Harris Urban Open -Space
and Recreation Program Act (Chapter 3.2 (commencing with Section 5620).
(2) No more than 10 percent of the amounts made available pursuant to
paragraph (1) shall be allocated to fund grants pursuant to Chapter 2.5
(commencing with Section 990) of Part 1 of Division 2 of the Welfare
and
Institutions Code, at least 50 percent of which shall be granted to
youth service organizations eligible for tax-exempt status pursuant to
Section 501(c)(3) of the Internal Revenue Code that are chartered by a
national youth service organization.
Article 5. Wildlife Program
5096.350. (a) Funds appropriated pursuant to subdivision (m) of Section
5096.310 shall be available for expenditure by the Wildlife
Conservation Board for the acquisition, development, rehabilitation,
restoration, and protection of real property benefiting fish and
wildlife, for the acquisition, restoration, or protection of habitat
that promotes recovery of threatened, endangered, or fully protected
species, maintains the genetic integrity of wildlife populations, and
serves as corridors linking otherwise separate habitat to prevent
habitat fragmentation, and for grants and related state administrative
costs pursuant to the Wildlife Conservation Law of 1947 (Chapter 4
(commencing with Section 1300) of Division 2 of the Fish and Game
Code), for the following purposes:
(1) Ten million dollars ($10,000,000) for the acquisition or
restoration of wetland habitat, as follows:
(A) Five million dollars ($5,000,000) for the acquisition,
preservation, restoration, and establishment, or any combination
thereof, of habitat for waterfowl or other wetlands -associated
wildlife, as provided for in the Central Valley Habitat Joint Venture
Component of the North American Waterfowl Management Plan and the
Inland Wetlands Conservation Program. Preference shall be given to
projects involving the acquisition of perpetual conservation easements;
habitat development projects on lands which will be managed primarily
as waterfowl habitat in perpetuity; waterfowl habitat development
projects on agricultural lands; the reduction of fishery impacts
resulting from supply diversions that have a direct benefit to wetlands
and waterfowl habitat; or programs to establish permanent buffer areas,
including, but not limited to, agricultural lands that are necessary to
preserve the acreage and habitat values of existing wetlands.
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(B) Five million dollars ($5,000,000) for the acquisition, development,
restoration, and protection of wetlands and adjacent lands, or any
combination thereof, located outside the Sacramento -San Joaquin valley.
(2) Ten million dollars ($10,000,000) for the development, acquisition
from a willing seller, or restoration of riparian habitat and watershed
conservation programs.
(3) Forty-five million dollars ($45,000,000), upon appropriation by the
Legislature, for the restoration, or acquisition from a willing seller,
of habitat for threatened and endangered species or for the purpose of
promoting the recovery of those species. Five million dollars
($5,000,000) of that amount shall be for the acquisition of property
along the central coast containing coastal terrace prairie, federally
listed spineflower, state listed San Francisco popcorn flower, and
candidates for federal listing including ohlone tiger beetle and
opler's longhorned moth. No funds may be expended pursuant to this
paragraph for the acquisition of real property or other actions taken
pursuant to Chapter 10 (commencing with Section 2800) of the Fish and
Game Code.
(4) Thirteen million dollars ($13,000,000) for the acquisition from a
willing seller, or restoration of forest lands, including, but not
limited to, ancient redwoods and oak woodlands. Not more than five
million dollars ($5,000,000) of this amount shall be expended on the
federal Legacy Forest Program (16 U.S.C. Sec. 2103) to meet federal
matching requirements and not less than five million dollars
($5,000,000) of this amount shall be allocated for the preservation of
oak woodlands.
(5) Eighty-two million five hundred thousand dollars ($82,500,000),
upon appropriation by the Legislature, to match funds contributed by
federal or local agencies or nonprofit organizations for the
acquisition, restoration, or protection of habitat or habitat corridors
that promote the recovery of threatened, endangered, or fully protected
species. Projects funded pursuant to this paragraph may include
restoration projects authorized pursuant to Public Law 105-372, the
Salton Sea Reclamation Act of 1998. The board shall require matching
contributions of funds, real property, or other resources from other
public agencies, private parties, or nonprofit organizations, at a
level designed to obtain the maximum conservation benefits to wildlife
and wildlife habitat. No funds may be expended pursuant to this
paragraph for the acquisition of real property or other actions taken
pursuant to Chapter 10 (commencing with Section 2800) of the Fish and
Game Code.
(6) One hundred million dollars ($100,000,000), upon appropriation by
the Legislature, for the purpose of funding the acquisition of real
property subject to a natural community conservation plan adopted
pursuant to Chapter 10 (commencing with Section 2800) of the Fish and
Game Code, if the acquisition of the real property is conducted in
conjunction with a natural community conservation plan approved by the
Department of Fish and Game prior to January 1, 1999, or if the
acquisition is approved by statute.
(7) Five million dollars ($5,000,000) for environmental restoration
projects for the following purposes approved pursuant to the Salton Sea
Restoration Project authorized by Public Law 105-372, the Salton Sea
Reclamation Act of 1998, and identified in the Final Environmental
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Impact Statement of the Salton Sea Restoration Project:
(A) Reduce and stabilize the overall salinity of the Salton Sea.
(B) Stabilize the surface elevation of the Salton Sea.
(C) Reclaim, in the long term, healthy fish and wildlife resources and
their habitats.
(D) Enhance the potential for recreational uses of the Salton Sea.
(b) Not more than 5 percent of the funds authorized for expenditure by
this section may be used for public access and wildlife -oriented public
use projects.
Article 6. Lake Tahoe Program
5096.351. (a) The Legislature has recognized the need to protect and
restore the fragile environment at Lake Tahoe; and the Tahoe Regional
Planning Agency has prepared an Environmental Improvement Program that
outlines a capital outlay approach to help achieve environmental
thresholds in the Lake Tahoe Basin, which allocates funding
responsibilities over the first 10 years of the program in the amounts
of approximately two hundred seventy-four million dollars
($274,000,000) to the State of California, two hundred ninety-seven
million dollars ($297,000,000) to the federal government, eighty-two
million dollars ($82,000,000) to the State of Nevada, one hundred one
million dollars ($101,000,000) to local governments, and one hundred
fifty-three million dollars ($153,000,000) to the private sector.
(b) Funds allocated pursuant to subdivision (n) of Section 5096.310
shall be available for expenditure for the development, restoration,
acquisition from a willing seller, and enhancement of real property, by
the California Tahoe Conservancy within the Lake Tahoe region pursuant
to Title 7.42 (commencing with Section 66905) of the Government Code
for the following purposes:
(1) Protecting the natural environment through preservation of
environmentally sensitive lands, soil erosion control, restoration or
enhancement of watershed lands, and restoration or enhancement of
streams and other natural areas.
(2) Providing public access and public recreation opportunities.
(3) Enhancing and restoring wildlife areas.
(c) The provision of these funds is to meet applicable state
responsibilities pursuant to the Tahoe Regional Planning Agency's
Environmental Improvement Program.
(d) The allocation of these funds has been made in the expectation that
the federal government, the State of Nevada, local jurisdictions, and
the private sector will fulfill their respective obligations pursuant
to the Environmental Improvement Program. The secretary shall report
annually to the Legislature on the progress of the development and
implementation of the Environmental Improvement Program, and the
provision of these funds may be restricted in the event that the
parties are found to be making inadequate progress or are not making
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good faith efforts towards fulfilling their respective obligations.
Article 7. Coastal Protection Program
5096.352. Funds allocated pursuant to subdivision (o) of Section
5096.310 shall be available for expenditure by the State Coastal
Conservancy pursuant to Division 21 (commencing with Section 31000) for
the acquisition from a willing seller, preservation, restoration, and
enhancement of real property or an interest in real property in coastal
areas and watersheds within its jurisdiction and the development of
public use facilities in those areas in accordance with the following
schedule:
(a) Twenty-five million dollars ($25,000,000) for projects funded
pursuant to the San Francisco Bay Area Conservancy Program established
pursuant to Chapter 4.5 (commencing with Section 31160) of Division 21.
(b) (1) Twenty-five million dollars ($25,000,000) shall be made
available to the Santa Monica Bay Restoration Project to fund grants to
public entities and nonprofit organizations to implement storm water
and urban runoff pollution prevention programs, habitat restoration,
and other priority actions specified in the Santa Monica Restoration
Plan. The Santa Monica Bay Watershed Council shall determine project
eligibility and establish grant priority.
(2) The Santa Monica Bay Watershed Council or the State Coastal
Conservancy may require the grant recipient to provide a portion of
matching funds for any funding received. The council or the state
conservancy may use the funds as matching funds for federal or other
grant funding.
(c) Sixty-four million two hundred thousand dollars ($64,200,000) of
the funds available may be expended by the State Coastal Conservancy
directly or as grants to government entities and nonprofit
organizations for the purposes of Division 21 (commencing with Section
31000), and for the following and related purposes, including, but not
limited to, the acquisition, enhancement, restoration, protection, and
development of coastal resources, beaches, waterfronts, and public
accessways in accordance with the following schedule:
(1) An amount not to exceed three million dollars ($3,000,000) may be
expended on regional approaches to reduce beach erosion. Up to thirteen
million dollars ($13,000,000) shall be made available to the Upper
Newport Bay Ecological Reserve Maintenance and Protection Fund for the
restoration and protection of the Upper Newport Bay Ecological Reserve.
(2) At least fifteen million dollars ($15,000,000) shall be expended in
coastal areas north of the Gualala River.
(3) At least twenty-five million dollars ($25,000,000) shall be
expended within Santa Cruz, Monterey, San Luis Obispo, or Santa Barbara
Counties. One million dollars ($1,000,000) shall be allocated to the
City of Monterey to fund public access and open space along the
waterfront.
(4) At least five million dollars ($5,000,000) shall be expended on
completion of the Coastal Trail.
(5) Two million dollars ($2,000,000) shall be dedicated to projects for
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the Guadalupe River Trail and the San Francisco Bay Ridge Trail.
(d) Twenty-two million dollars ($22,000,000) may be expended by the
State Coastal Conservancy directly or as grants to government entities
and nonprofit organizations consistent with Division 21 (commencing
with Section 31000), and for administrative costs in connection
therewith, for the acquisition, development, rehabilitation,
restoration, enhancement, and protection of real property, or other
actions that benefit fish and wildlife. At least ten million dollars
($10,000,000) of those funds shall be expended in coastal areas north
of the Gualala River. Eight hundred thousand dollars ($800,000) shall
be spent to restore the arroyo, stickleback, and steelhead in Orange
County.
(e) Twenty-five million dollars ($25,000,000) shall be available, upon
appropriation by the Legislature, to the State Coastal Conservancy and
the Department of Fish and Game for direct expenditure and for grants
to public agencies and nonprofit organizations to protect, restore,
acquire, and enhance habitat for salmon. These funds may be used to
match federal funding available for those purposes.
(f) Twenty-five million dollars ($25,000,000) of the funds shall be
allocated to acquire, protect, and restore wetlands projects that are a
minimum of 400 acres in size in any county with a population greater
than 5, 000, 000.
(g) Twelve million five hundred thousand dollars ($12,500,000) shall be
allocated to acquire land needed to connect important coastal watershed
and scenic areas in Orange County.
Article 8. Mountain Resource Program
5096.353. Funds allocated pursuant to subdivision (p) of Section
5096.310 shall be available to the Santa Monica Mountains Conservancy
for capital outlay and grants for the acquisition from a willing
seller, enhancement, and restoration of natural lands, improvement of
public recreation facilities, and for grants to local agencies and
nonprofit organizations to increase access to parks and recreational
opportunities for underserved urban communities, in accordance with the
following schedule:
Twenty-five million dollars ($25,000,000) to acquire, improve, or
restore park, wildlife, or natural areas, including areas near or
adjacent to units of the state park system wherever such units may be
situated within a local jurisdiction within the Santa Monica Mountains
Zone or Rim of the Valley Trail Corridor.
5096.354. Funds allocated pursuant to subdivision (q) of Section
5096.310 shall be available to the Coachella Valley Mountains
Conservancy for expenditure for the acquisition, development,
enhancement, and protection of land, and for administrative costs
incurred in connection therewith, in accordance with Division 23.
(commencing with Section 33500).
Article 9. San Joaquin River Program
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5096.355. Funds allocated pursuant to subdivision (r) of Section
5096.310 shall be available to the San Joaquin River Conservancy for
expenditure of the acquisition, development, enhancement, and
protection of land, and for administrative costs incurred in connection
therewith, in accordance with Division 22.5 (commencing with Section
32500).
Article 10. Agriculture Program
5096.356. (a) Funds allocated pursuant to subdivision (t) of Section
5096.310 shall be available to the Department of Conservation for
grants, on a competitive basis, to state and local agencies and
nonprofit organizations for farmland protection and administration of
the Agricultural Land Stewardship Program Act of 1995 (Division 10.2
(commencing with Section 10200)). This purpose shall include, but not
be limited to, the placement of improvements and acquisition of
agricultural conservation easements and other interests in land
pursuant to the Agricultural Land Stewardship Program.
(b) At least 20 percent of the funds allocated pursuant to subdivision
(t) of Section 5096.310 shall be available for projects that preserve
agricultural lands and protect water quality in the counties that serve
the San Pablo Bay.
Article 11. Fish and Game Program
5096.357. (a) Funds allocated pursuant to paragraph (1) of subdivision
(v) of Section 5096.310 shall be available to the Department of Fish
and Game for the development, enhancement, restoration, and
preservation of land pursuant to Sections 1580 and 10503 of, and
subdivision (b) of Section 1525 of, the Fish and Game Code. The
provision of these funds shall be in accordance with an expenditure
plan developed by the Department of Fish and Game and approved by the
Department of Finance.
(b) Funds allocated pursuant to paragraph (2) of subdivision (v) of
Section 5096.310 shall be deposited in the State Duck Stamp Account of
the Fish and Game Preservation Fund and shall be available for
expenditure by the Department of Fish and Game for the exclusive
purpose of acquiring habitat preservation and enhancement agreements on
private wetlands pursuant to the California Waterfowl Habitat Program --
Phase II and administrative costs incurred in connection therewith.
Article 12. California Indian Tribe Participation
5096.358. To the extent funds authorized pursuant to this chapter are
available for competitive grants to local government entities,
federally recognized California Indian tribes may apply for those
grants, the tribe's application shall be considered on its merits, and
the tribes shall expend any funds received for the purpose authorized
by this chapter for which the funds are made available.
Article 13. Fiscal Provisions
5096.360. Bonds in the total amount of two billion one hundred million
dollars ($2,100,000,000), not including the amount of any refunding
bonds issued in accordance with Section 5096.370, or so much thereof as
is necessary, may be issued and sold to provide a fund to be used for
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carrying out the purposes set forth in Section 5096.310 and to be used
to reimburse the General Obligation Bond Expense Revolving Fund
pursuant to Section 16724.5 of the Government Code. The bonds, when
sold, shall be and constitute a valid and binding obligation of the
State of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of the principal
of, and interest on, the bonds as the principal and interest become due
and payable.
5096.361. The bonds authorized by this chapter shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law (Chapter 4 (commencing with Section 16720)
of Part 3 of Division 4 of Title 2 of the Government Code), and all of
the provisions of
that law apply to the bonds and to this chapter and are hereby
incorporated in this chapter as though set forth in full in this
chapter.
5096.362. (a) Solely for the purpose of authorizing the issuance and
sale, pursuant to the State General Obligation Bond Law, of the bonds
authorized by this chapter, the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection (Villaraigosa-Keeley Act) Finance
Committee is hereby created. For purposes of this chapter, the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
(Villaraigosa-Keeley Act) Finance Committee is "the committee" as that
term is used in the State General Obligation Bond Law. The committee
consists of the Governor, the Controller, the Director of Finance, the
Treasurer, and the secretary, or their designated representatives. The
Treasurer shall serve as chairperson of the committee. A majority of
the committee may act for the committee.
(b) For purposes of the State General Obligation Bond Law, the
secretary is designated the "board."
5096.363. The committee shall determine whether or not it is necessary
or desirable to issue bonds authorized pursuant to this chapter to
carry out Section 5096.310 and, if so, the amount of bonds to be issued
and sold. Successive issues of bonds may be authorized and sold to
carry out those actions progressively, and it is not necessary that all
of the bonds authorized to be issued be sold at any one time.
5096.364. There shall be collected each year and in the same manner and
at the same time as other state revenue is collected, in addition to
the ordinary revenues of the state, a sum in an amount required to pay
the principal of, and interest on, the bonds maturing 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 which is
necessary to collect that additional sum.
5096.365. Notwithstanding Section 13340 of the Government Code, there
is hereby appropriated from the General Fund in the State Treasury, for
the purposes of this chapter, an amount that will equal the total of
the following:
(a) The sum annually necessary to pay the principal of, and interest
on, bonds issued and sold pursuant to this chapter, as the principal
and interest become due and payable.
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(b) The sum necessary to carry out Section 5096.366, appropriated
without regard to fiscal years.
5096.366. For purposes of carrying out this chapter, the Director of
Finance may authorize the withdrawal from the General Fund of an amount
or amounts not to exceed the amount of the unsold bonds that have been
authorized to be sold for the purpose of carrying out this chapter. Any
amount withdrawn shall be deposited in the fund. Any money made
available under this section shall be returned to the General Fund from
proceeds received from the sale of bonds for the purpose of carrying
out this chapter.
5096.367. Pursuant to Chapter 4 (commencing with Section 16720) of Part
3 of Division 4 of Title 2 of the Government Code, the cost of bond
issuance shall be paid out of the bond proceeds. These costs shall be
shared proportionally by each program funded through this bond act.
5096.367.5. Actual costs incurred in connection with administering
programs authorized under the categories specified in Section 5096.310
shall be paid from the funds authorized by this act.
5096.368. The secretary may request the Pooled Money Investment Board
to make a loan from the Pooled Money Investment Account, in accordance
with Section 16312 of the Government Code, for purposes of carrying out
this chapter. The amount of the request shall not exceed the amount of
the unsold bonds that the committee, by resolution, has authorized to
be sold for the purpose of carrying out this chapter. The secretary
shall execute any documents required by the Pooled Money Investment
Board to obtain and repay the loan. Any amounts loaned shall be
deposited in the fund to be allocated by the board in accordance with
this chapter.
5096.369. All money deposited in the fund that is derived from premium
and accrued interest on bonds sold shall be reserved in the fund and
shall be available for transfer to the General Fund as a credit to
expenditures for bond interest.
5096.370. The bonds 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 of the
issuance of the bonds described in this chapter includes the approval
of the issuance of any bonds to refund any bonds originally issued
under this chapter or any previously issued refunding bonds.
5096.371. Notwithstanding any provision of this chapter or the State
General Obligation Bond Law, if the Treasurer sells bonds pursuant to
this chapter that include a bond counsel opinion to the effect that the
interest on the bonds is excluded from gross income for federal tax
purposes, subject to designated conditions, the Treasurer may maintain
separate accounts for the investment of bond proceeds and the
investment earnings on those proceeds. The Treasurer may use or direct
the use of those proceeds or earnings to pay any rebate, penalty, or
other payment required under federal law or to take any other action
with respect to the investment and use of bond proceeds required or
desirable under federal law 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.
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5096.372. (a) The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this chapter are
not "proceeds of taxes" as that term is used in Article XIII B of the
California Constitution, thedisbursement of these proceeds is not
subject to the limitations imposed by that article.
(b) Funds provided pursuant to this chapter, and any appropriation or
transfer of those funds, shall not be deemed to be a transfer of funds
for the purposes of Chapter 9 (commencing with Section 2780) of
Division 3 of the Fish and Game Code.
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