RES 88187 - Laserfiche WebLink

909-12th Street, $uite 203 Californians for Parks and Wildlife S,cr e.to, Uifomia 9SSI4 (916) 448-1786 PROPOS'ITION 70 WILDLIFE, COASTAL, AND PARK LAND CONSERVATION BOND ACT. INITIATIVE STATUTE. This act authorizes a general obligation bond issue of seven hundred seventy-six million dollars ($776,000,000) to provide funds for ac uisition, develo ment, rehabilitation, protection, or restoration of park, wildlife, coastal, and natural lands in ~alifornia incluSng lands supporting unique or endangered plants or animals. Funds from bond sales would be administered primarily by or through California Department of Parks and Recreation, Wildlife Conservation Board, and State Coastal Conservancy with funds made available to other state and local agencies and nonprofit organizations. Contains provisions in event other conservation bond acts are enacted. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: Assuming all the bonds are sold at 7.5 percent interest and state repays the principal and interest over 20 years, the overall cost of repayment would be about $1.4 billion. To the extent these bonds increase amount state borrows, state and local governments may pay more interest on other bond programs. State income taxes could be reduced to the extent California taxpayers invest in these tax free bonds instead of other taxable investments. SECTION 1. This act shall be known and may be cited as the California Wildlife, Coastal, and Park Land Conservation Act of 1988. SECTION 2. Division 5.8. (commencing with Section 5900) is added to the Public Resources Code, to read: DMSION 5.8. CALIFORNIA WH,13LIFE, COASTAL, AND PARK LAND CONSERVATION ACT CHAPTER 1. GENERAL PROVISIONS 5900. This division shall be known and may be cited as the California Wildlife, Coastal, and Park Land Conservation Act. 5901. The people of California fred and declare all of the following: (a) Parks, wildlife habitat, beaches, and open-space lands are vital to maintaining the quality of life in California. As the state's population increases, it is of growing importance to provide parks and recreational opportunities to the residents of California. (b) Preservation of California's unique natural heritage is in the interest of all Californians. 5902. As used in this division, the following terms have the following meanings: (a) "Conservation easement" means an interest in real property as defined in Section 815.1 of the Civil Code. (b) "District" means any regional park or open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 and any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780) of Division 5 With respect to any community or unincorporated region which is not included within a regional park or open-space district or a recreation and park district and in which no city or county provides parks or recreational areas or facilities, "district" also means any other district which is authorized by statute to operate and manage parks or recreational areas or facilities, employs a full-time park and recreation director and 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. (c) "Fund" means the California Wildlife, Coastal, and Park Land Conservation Fund of 1988 created pursuant to Section 5906. (d) "Historical resource" includes, but is not limited to, any building, structure, site areas, or place which is historically or archeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, edu- cational, social, political, military, or cultural annals of California. (e) "Historical preservation project" means a project designed to preserve an historical resource which is either listed in the National Register of Historic Places or is registered as either a state historical landmark or point of historical interest pursuant to Section 5021. (f) "Local coastal program" means any program created under Section 30108.6. (g) "Natural lands" means an area of relatively undeveloped land which (1) has substantially retained its charac- teristics as provided by nature or has been substantially restored, or which can be feasibly restored, to a near-natural condition, and which has outstanding wildlife, scenic, open-space, or park resources, or a combination thereo~ or ( 2 ) meets the definition of open-space land in Section 65560 of the Government Code. (h) "Nonprofit organization" means any charitable organization described in Section 501(c) (3) of the federal Internal Revenue Code, which has among its primary purposes the conservation and preservation of wetlands or of lands pre- dommately in their natural, scenic, historical, agricultural, forested, or open-space condition. (i) "Park" means a tract of land with outstanding scenic, natural, open-space, or recreational values, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. {j ) "Riparian habitat" means lands that contain habitat which grows close to and which depends upon soil moisture from a nearby freshwater source. (k) "Stewardship" means the development and implementation of major programs for the protection, rehabilitation, restoration, and enhancement of the basic natural systems and outstanding scenic features of the state park system. It does not mean the maintenance or alteration of facilities, developments, or any physical installations whose original purpose was not the protection of natural scenic resources. ( 1 ) "Wetlands" means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudfiats, fens, and vernal pools. 5903. For the purposes of the State General Obligation Bond Law, "state grant" or "state grant moneys" means moneys received by the state from the sale of bonds authorized by law for the purposes of this division which are available for grants to counties, cities, cities and counties, districts, and nonprofit organizations. C~R 2. CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION PROGRAM 5905. Wildlife, coastal, and park land conservation is in the public interest and is necessary to keep these lands in open-space, natural, and recreational uses, to provide clean air and water, to protect significant environmental and scenic values ofwildlife and plant habitat, riparian and wetland areas, and other open-space lands, and to provide opportunities for the people of California to enjoy, appreciate, and visit natural environments and recreational areas. It is the intent ofthe People of California in enacting this division that it be carried out in the most expeditious manner possible, and that all state officials implement this division to the fullest extent of their authority. 5906. The California Wildlife, Coastal, and Park Land Conservation Fund o,; ~988 is hereby created. 5907. All money deposited in the fund shall be available for expenditure, in accordance with Section 5921, for the purposes set forth below, in amounts not to exceed the following: (a) One hundred sixty-six million dollars ($166,000,000) to the Department of Parks and Recreation for grants to counties, cities, cities and counties, districts, and nonprofit organizations for acquisition, development. rehabilitation, or restoration of real property for parks, beaches, wildlife habitat, natural lands, recreation, or preservation of historical resources, including an amount not to exceed two million four hundred ninety thousand dollars ($2,490,000) for state administrative costs, in accordance with the following Schedule: ( 1 ) One hundred twenty million dollars ($120,000,000) for grants to counties, cities, and districts on a per capiL~ basis for the acquisition, development, rehabilitation. or restoration of real property for parks, beaches, wildlife habitat, natural lands. and recreation, except that each county is entitled to not less than one hundred thousand dollars ($100,000 I. (2) Twenty million dollars ($20,000,000) for expenditure by the Department of Parks and Recreation for the purpose of the Roberti-Z'berg-Harris Urban Open Space and Recreation Program Act (Chapter 3.2 ~commencing with Section 5620) of Division 5 of the Public Resources Code ). (3) Ten million dollars 1510,000,000) for competitive ~ants for park. beach. and recreational purposes to public agen- cies which provide significant park and recreational opportunities to the general public and are not eligible for grants pursuant to paragraph ( 1 k (4) Eleven million dollars/$11,000,000) for competitive ~wants to public agencies and nonprofit organizations for acquisition, development, rehabilitation, or restoration of historical or archeological resources and for historical and archeological resources preservation projects and costs of planning and interpretation. Not less than one million dollars ($1.000,000) shali be used fbr archeolo~ical resources preservation purposes. · (51 Five million dollars , $5 .0001)00 ! for competitive ~ants to public agencies and nonprofit organizations for acqui- "' - sition and development c,f kxnd and rights-of-way for bicvcte. horse. hikin~ and handicapped access trails.