5096.600. This chapter shall be known, and may be cited, as the
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Act of 2002.
5096.601. The Legislature finds and declares all of the
following:
(a) To maintain a high quality of life for California's growing
population requires a continuing investment in parks, recreation
facilities, and in the protection of the state's natural and
historical resources.
(b) Clean air, clean water, clean beaches, and healthy natural
ecosystems that can support both human communities and the state's
native fish and wildlife are all part of the legacy of California. Each
generation has an obligation to be good stewards of these resources in
order to pass them on to their children.
(c) California's historical legacy also requires active
protection, restoration, and interpretation to preserve and pass on an
understanding and appreciation of the diverse cultural influences and
extraordinary human achievements that have contributed to the unique
development of California.
5096.605. As used in this chapter, the following terms have the
following meanings:
(a) "Acquisition" means obtaining the fee title or a lesser
interest in real property, including specifically, a conservation
easement or development rights.
(b) "Department" means the Department of Parks and Recreation.
(c) "Development" includes, but is not limited to, improvement,
rehabilitation, restoration, enhancement, preservation, protection,
and interpretation.
(d) "Director" means the Director of the Department of Parks and
Recreation.
(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 California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund created pursuant to
Section 5096.610.
(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) "Local conservation corps" means a program operated by a
public agency or nonprofit organization that is certified pursuant to Section
14406.
(i) "Nonprofit organization" means any nonprofit public benefit
corporation formed pursuant to the Nonprofit Corporation Law
(commencing with Section 5000 of the Corporations Code), qualified to do
business in California, and qualified under Section 501(c)(3) of the Internal
Revenue Code.
(j) "Preservation" means identification, evaluation, recordation,
documentation, interpretation, protection, rehabilitation,
restoration, stabilization, development, and reconstruction, or any
combination of those activities.
(k) "Secretary" means the Secretary of the Resources Agency.
5096.606. Lands or interests in land acquired with funds
allocated pursuant to this chapter shall be acquired from a willing
seller.

Article 2. The California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002

5096.610. The proceeds of bonds issued and sold pursuant to this chapter
shall be deposited in the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Fund, which is hereby
created. Except as provided in subdivision (a) of Section 5096.650, the
money in the fund shall be available for appropriation by the Legislature, in
the manner set forth in this chapter, for acquisition and development
projects, in accordance with the following schedule:

(a) The sum of two hundred twenty-five million dollars
($225,000,000) for acquisition and development of the state park
system.
(b) The sum of eight hundred thirty-two million five hundred
thousand dollars ($832,500,000) for local assistance programs for the
acquisition and development of neighborhood, community, and regional
parks and recreation areas.
(c) The sum of one billion two hundred seventy-five million
dollars ($1,275,000,000) for land, air, and water conservation
programs, including acquisition for those purposes.
(d) The sum of two hundred sixty-seven million five hundred
thousand dollars ($267,500,000) for the acquisition, restoration,
preservation, and interpretation of California's historical and
cultural resources.

Article 3. State Parks

5096.615. The two hundred twenty-five million dollars
($225,000,000) allocated pursuant to subdivision (a) of Section
5096.610 shall be available for appropriation by the Legislature to the
department for the acquisition and development of the state park system. It
is the intent of the Legislature that first priority for funding shall be for
development projects to complete and expand visitor facilities and for
restoration projects. Not more than 50 percent of the funds provided by this
section may be used for acquisition.

Article 4. Local Assistance Programs

5096.620. The eight hundred thirty-two million five hundred
thousand dollars ($832,500,000) allocated pursuant to subdivision (b) of
Section 5096.610 shall be available for appropriation by the Legislature for
local assistance programs, in accordance with the following schedule:
(a) The sum of three hundred fifty million dollars ($350,000,000)
to the department for grants, in accordance with Section 5096.621, and on
the basis of population, for the acquisition and development of
neighborhood, community, and regional parks and recreation lands and
facilities in urban and rural areas.
(b) The sum of two hundred million dollars ($200,000,000) to the
department for grants, in accordance with the Roberti-Z'berg-Harris Urban
Open-Space and Recreation Program Act (Chapter 3.2 (commencing
with Section 5620)).
(c) The sum of twenty-two million five hundred thousand dollars
($22,500,000) on a per capita basis in accordance with subdivision (g) of
Section 5096.621.
(d) The sum of two hundred sixty million dollars ($260,000,000) to
the department for grants for urban and special need park programs in
accordance with Section 5096.625.
5096.621. (a) Sixty percent of the total funds available for
grants pursuant to subdivision (a) of Section 5096.620 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 two hundred twenty thousand dollars ($220,000). In any
instance in which the boundary of a city overlaps the boundary of such a
district, the population in the area of overlapping jurisdiction shall be
attributed to each jurisdiction in proportion to the extent to which each
operate and manage 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, 2003, 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.
(c) Forty percent of the total funds available for grants pursuant
to subdivision (a) of Section 5096.620 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.
(d) 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 million two hundred thousand dollars
($1,200,000).
(e) 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.
(f) For the purpose of making the calculations required by this
section, population shall be determined by the department, in
cooperation with the Department of Finance, on the basis of the most
recent verifiable census data and other verifiable population data that the
department may require to be furnished by the applicant city, county, or
district.
(g) Of the funds appropriated in subdivision (c) of Section
5096.620, twelve million five hundred thousand dollars ($12,500,000) shall
be allocated to a city with an urban population greater than three million five
hundred thousand in a county of the first class, and ten million dollars
($10,000,000) shall be allocated to a county of the first class.
(h) The Legislature finds and declares that it intends all
recipients of funds pursuant to subdivision (a) of Section 5096.620 to use
those funds to supplement local revenues, in existence on the effective
date of the act adding this chapter during the 2001-02 Regular Session,
that are being used for parks or other projects eligible for funds under this
chapter. To receive any allocation pursuant to subdivision (a) of Section
5096.620, the recipient may not reduce the amount of funding otherwise
available to be spent on parks or other projects eligible for funds under this
chapter in their jurisdiction. One-time allocations that have been expended
for parks or other projects, but which are not available on an ongoing basis,
may not be considered when calculating a recipient's annual expenditures.
For purposes of this subdivision, the Controller may request fiscal data from
recipients for the preceding three fiscal years. Each recipient shall furnish
the data to the Controller not later than 120 days after receiving the
request from the Controller.

5096.624. (a) The director shall prepare and adopt criteria and
procedures for evaluating applications for grants allocated pursuant to
subdivisions (a) to (c), inclusive, of Section 5096.620.
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 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.
(b) To utilize available grant funds as effectively as possible,
overlapping or adjoining jurisdictions and applicants with similar
objectives are encouraged to combine projects and submit a joint
application. An applicant may allocate all or a portion of its per
capita share for a regional or state project.
(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 this article 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) Funds appropriated pursuant to this article shall be
encumbered by the recipient within three years from the date the
appropriation is effective. Regardless of the date of encumbrance of the
granted funds, the recipient is expected to complete all funded projects
within eight years of the effective date of the appropriation.
5096.625. The funds provided in subdivision (d) of Section
5096.620 shall be available as grants for public agencies and
nonprofit organizations for the acquisition and development of new parks,
botanical gardens, nature centers, and other community facilities in park
poor communities. The funds may be expended pursuant to Section
5004.5, and Chapter 1.55 (commencing with Section 5095), if Senate Bill
359 of the 2001-02 Regular Session of the Legislature is enacted on or
before January 1, 2003, and Chapter 3.3 (commencing with Section 5640),
if Assembly Bill 1481 of the 2001-02
Regular Session of the Legislature is enacted on or before January 1,
2003, or pursuant to any other applicable statutory authorization. Not less
than fifty million dollars ($50,000,000) of the funds provided in subdivision
(d) of Section 5096.620 shall be expended for competitive grants consistent
with the requirements of subdivision (b) of Section 5096.348. Ten million
dollars ($10,000,000) of the funds provided in subdivision (d) of Section
5096.620 shall be available for development of Central Park in the City of
Rancho Cucamonga. Five million dollars ($5,000,000) of the funds provided
in subdivision (d) of Section 5096.620 shall be available for allocation to the
City of Los Angeles for park and recreation or community facilities at or
adjacent to the Hansen Dam recreation area. Five million dollars
($5,000,000) of the funds provided in subdivision (d) of Section 5096.620
shall be available for allocation to the City of Los Angeles for the Sepulveda
Basin recreational parkland.
5096.629. In making grants of funds allocated pursuant to
subdivision (d) of Section 5096.620, priority shall be assigned to
projects that include a commitment for a matching contribution.
Contributions may be in the form of money from a nonstate source; gifts of
real property, equipment, and consumable supplies; volunteer services;
free or reduced-cost use.
5096.633. Any grant funds appropriated pursuant to this article
that have not been expended by the grant recipient prior to July 1,
2011, shall revert to the fund and be available for appropriation by the
Legislature for one or more of the local assistance programs specified in
Section 5096.620 that the Legislature determines to be the highest priority
statewide.

Article 5. Land, Air, and Water Conservation

5096.650. The one billion two hundred seventy-five million
dollars ($1,275,000,000) allocated pursuant to subdivision (c) of
Section 5096.610 shall be available for the acquisition and
development of land, air, and water resources in accordance with the
following schedule:
(a) Notwithstanding Section 13340 of the Government Code, the sum of
three hundred million dollars ($300,000,000) is continuously appropriated
to the Wildlife Conservation Board for the acquisition, development,
rehabilitation, restoration, and protection of habitat that promotes the
recovery of threatened and endangered species, that provides corridors
linking separate habitat areas to prevent habitat fragmentation, and that
protects significant natural landscapes and ecosystems such as old growth
redwoods and oak woodlands and other significant habitat areas; 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). Funds scheduled in this subdivision
may be used
to prepare management plans for properties acquired in fee by the Wildlife
Conservation Board.
(b) The sum of four hundred forty-five million dollars
($445,000,000) to the conservancies in accordance with the particular
provisions of the statute creating each conservancy for the acquisition,
development, rehabilitation, restoration, and protection of land and water
resources; for grants and state administrative costs; and in accordance with
the following schedule:

(1) To the State Coastal Conservancy
$200,000,000
(2) To the California Tahoe Conservanc
$ 40,000,000
(3) To the Santa Monica Mountains Conservancy
$ 40,000,000
(4) To the Coachella Valley Mountains Conservancy
$ 20,000,000
(5) To the San Joaquin River Conservancy
$ 25,000,000
(6) To the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy
$ 40,000,000
(7) To the Baldwin Hills Conservancy
$ 40,000,000
(8) To the San Francisco Bay Area Conservancy Program
$ 40,000,000

(c) The sum of three hundred seventy-five million dollars
($375,000,000) shall be available for grants to public agencies and
nonprofit organizations for acquisition, development, restoration, and
associated planning, permitting, and administrative costs for the protection
and restoration of water resources in accordance with the following
schedule:
(1) The sum of seventy-five million dollars ($75,000,000) to the
secretary for the acquisition and development of river parkways and for
protecting urban streams. The secretary shall make funds
available in accordance with Sections 7048 and 78682.2 of the Water
Code, and pursuant to any other applicable statutory authorization. Not less
than five million dollars ($5,000,000) shall be available for grants for the
urban streams program, pursuant to Section 7048 of the Water Code.
(2) The sum of three hundred million dollars ($300,000,000) shall
be available for the purposes of clean beaches, watershed protection, and
water quality projects to protect beaches, coastal waters, rivers, lakes, and
streams from contaminants, pollution, and other environmental threats.
(d) The sum of fifty million dollars ($50,000,000) to the State
Air Resources Board for grants to air districts pursuant to Chapter 9
(commencing with Section 44275) of Part 5 of Division 26 of the Health and
Safety Code for projects that reduce air pollution that affects air quality in
state and local park and recreation areas. Eligible projects shall meet the
requirements of Section 16727 of the Government Code and shall be
consistent with Section 43023.5 of the Health and Safety Code, if Assembly
Bill 1390 of the 2001-02 Regular Session of the Legislature ienacted on or
before January 1, 2003. Each district shall be eligible for grants of not less
than two hundred thousand dollars ($200,000). Not more than 5 percent of
the funds allocated to a district may be used to cover the costs associated
with implementing the grant program.
(e) The sum of twenty million dollars ($20,000,000) to the
California Conservation Corps for the acquisition, development,
restoration, and rehabilitation of land and water resources, and for grants
and state administrative costs in accordance with the
following schedule:
(1) The sum of five million dollars ($5,000,000) shall be
available for resource conservation activities.
(2) The sum of fifteen million dollars ($15,000,000) shall be
available for grants to local conservation corps for acquisition and
development of facilities to support local conservation corps
programs.
(f) The sum of seventy-five million dollars ($75,000,000) shall be
available for grants for the preservation of agricultural lands and
grazing lands, including oak woodlands and grasslands.
(g) The sum of ten million dollars ($10,000,000) to the Department of
Forestry and Fire Protection for grants for urban forestry programs
pursuant to the California Urban Forestry Act of 1978 (Chapter 2
(commencing with Section 4799.06) of Part 2.5 of Division 1).
5096.651. In making grants pursuant to subdivisions (a) and (b)
of Section 5096.650, priority shall be given to projects that include a
commitment for a matching contribution. Contributions may be in the form of
money, property, or services.

Article 5. Historical and Cultural Resources Preservation

5096.652. (a) The two hundred sixty-seven million five hundred
thousand dollars ($267,500,000) allocated pursuant to subdivision (d) of
Section 5096.610 shall be available for appropriation by the Legislature for
the acquisition, development, preservation, and interpretation of buildings,
structures, sites, places, and artifacts that preserve and demonstrate
culturally significant aspects of California's history and for grants for these
purposes. Eligible projects include, but are not limited to, those which
preserve and demonstrate the following:
(1) Culturally significant aspects of life during various periods
of California history including architecture, economic activities,
art, recreation, and transportation.
(2) Unique identifiable ethnic and other communities that have
added significant elements to California's culture.
(3) California industrial, commercial, and military history
including the industries, technologies, and commercial activities
that have characterized California's economic expansion and
California's contribution to national defense.
(4) Important paleontologic, oceanographic, and geologic sites and
specimens.
(b) Thirty-five million dollars ($35,000,000) of the funds
available pursuant to this section shall be allocated to a city for
the development, rehabilitation, preservation, restoration, and
interpretation of resources at a city park of historical and cultural
significance that is over 1,000 acres and that serves an urban area with a
population that is greater than 750,000 in northern
California.
(c) Two million five hundred thousand dollars ($2,500,000) of the
funds available pursuant to this section shall be allocated to the
County of Los Angeles for the El Pueblo Cultural and Performing Arts
Center.

Article 6. Fiscal Provisions

5096.665. Bonds in the total amount of two billion six hundred
million dollars ($2,600,000,000), not including the amount of any
refunding bonds issued in accordance with Section 5096.677, or so much
thereof as is necessary, may be issued and sold to provide a fund to be
used for carrying out the purposes set forth in Section 5096.610 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. Pursuant to
this section, the Treasurer shall sell the bonds authorized by the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Act Finance Committee created pursuant to subdivision (a) of Section
5096.667 at any different times that are necessary to service ex