AB 411

Bill Subjects

Abstract

Existing law establishes the Active Transportation Program in the Department of Transportation to encourage the increased use of active modes of transportation. Existing law provides that the program is funded by state and federal moneys through appropriations in the annual Budget Act and that certain moneys, excluding specified federal moneys for recreational trails projects appropriated to the Department of Parks and Recreation, are to be appropriated for that purpose. Existing law requires the Director of Parks and Recreation to cause to be prepared the California Recreational Trails System Plan, a comprehensive plan for the development and operation of a statewide system of recreation trails, as specified. The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary direct election, authorizes the issuance of bonds in the amount of $4,000,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Under the act, if any moneys allocated pursuant to the act are not encumbered or expended by the recipient entity within the time period specified by the administering agency, the unexpended moneys are required to revert to the administering agency for allocation, as specified. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 23 vote of each house of the Legislature and a majority of the voters. This bill would require the Department of Parks and Recreation to establish the California Recreational Trails and Greenways Program to, beginning in 2024, award competitive grants on a biennial basis for new, expanded, or improved public access opportunities through nonmotorized recreational trail creation, improvement, enhancement, and restoration projects. The bill would create the California Recreational Trails and Greenways Fund in the State Treasury, and would require that specified moneys, including, to the extent consistent with Proposition 68, unexpended Proposition 68 moneys that revert to the administering agency for allocation, upon appropriation by the Legislature, be deposited into the fund and, upon appropriation by the Legislature, be available for allocation by the department for purposes of the program, as specified. In order to reduce the financial burdens associated with frontloaded cost structures and match requirements, the bill would authorize the department to create a loan or grant process for advanced payment and match assistance to reduce barriers to participation in the program. Proposition 117, an initiative measure approved by the electors at the June 5, 1990, statewide primary direct election, enacted the California Wildlife Protection Act of 1990. The act creates the Habitat Conservation Fund and requires the moneys in the fund to be used for specified purposes generally relating to the acquisition, enhancement, or restoration of wildlife habitat, including $2,000,000 annually for 50% matching grants to local agencies for projects meeting specified purposes and, additionally, for the acquisition of wildlife corridors and urban trails, nature interpretation programs, and other programs that bring urban residents into park and wildlife areas. The act, as initially approved by the electors, required the Controller, until June 30, 2020, to annually transfer $30,000,000 from the General Fund to the Habitat Conservation Fund, less any amount transferred to the Habitat Conservation Fund from specified accounts and funds, and authorizes the Legislature to extend the operative effect of this transfer by statute. Except for the extension of this transfer and other specified exceptions, the act prohibits the Legislature from amending the act except by a 45 vote of the membership of both houses of the Legislature. The act requires any amendment of the act to be consistent with, and further the purposes of, the act. Existing law extends the transfer of these funds until June 30, 2030. This bill would encourage the department, to the extent consistent with Proposition 117, to allocate 50% of the $2,000,000 described above for purposes of increasing access to trails.