Today's Law As Amended


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AB-411 California Recreational Trails and Greenways Act.(2023-2024)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Due in large part to the COVID-19 pandemic and the fundamental human need to interact with people and nature, the popularity of California’s nonmotorized natural surface recreation trails exploded and has continued beyond the pandemic.
(b) Nonmotorized recreation trails are the venues of choice for diverse outdoor activities, including hiking, equestrian use, adventure, gravel and mountain biking, trail running, and passive nature experience.
(c) According to the Outdoor Foundation’s 2022 “Outdoor Participation Trends Report,” all five of the most popular outdoor activities, including hiking, camping, fishing, running, and cycling, are largely trail dependent.
(d) To reinforce the findings and declarations above, according to the Outdoor Industry Association, trail activities are the most popular form of outdoor engagement in the country, yet California spends less than $2,000,000 per year on nonmotorized natural surface trail enhancements through a federally funded program.
(e) Several strategy documents produced by Governor Gavin Newsom’s administration to combat climate change and promote resilient landscapes, including the document “Pathways to 30x30 California: Accelerating Conservation of California’s Nature” (April 22, 2022), which emphasizes the need for sustainable and equitable recreation and trail investments, will help to facilitate nonmotorized natural surface trail enhancements.
(f) In an effort to combat wildfire through the joint management of lands, California and the United States Forest Service entered into the “Agreement for Shared Stewardship of California’s Forest and Rangelands,” which calls for a shared vision around access and diversity, including by “increasing accessible trails and facilities, and targeting low-income communities that lack access.”
(g) To further promote the multibenefit opportunities inherent in climate and resiliency investments, California should further explore the incorporation of new trails and trail corridors into future risk reduction buffers and shaded fuel break projects.
(h) According to the Outdoor Industry Association, California’s outdoor economy is one of the state’s primary economic drivers, contributing nearly $100,000,000,000 annually in goods and services to the financial health of the state, and trail infrastructure is a critical component to this sector’s level of success.
(i) Through the enactment of Proposition 68, as approved at the June 5, 2018, statewide direct primary election, and the Budget Act of 2021, California has seen an infusion of resources for nature-based investments to accelerate the pace and scale of climate resiliency and public access projects.
(j) While the state has recently made a substantial commitment to outdoor programming, this investment is incongruous with the level of investment in trail infrastructure, which are the primary means to connect people and programs to nature, and California needs to establish a sustainable state-specific funding source to keep up with trail demand.
(k) To underscore the demand for funding in this area, during a recent grant cycle to secure awards relating to trails and greenway corridors, there were more than $400,000,000 in funding requests, but there was only $27,000,000 available pursuant to Proposition 68, as approved at the June 5, 2018, statewide direct primary election.
(l) In 2013, California established the nation’s first Active Transportation Program, an important achievement, but, in establishing this program, shifted 60 percent of the funds otherwise available on an annual basis for recreation-specific trail improvements.
(m) In order to align scarce state dollars with the need to meet existing and growing public access considerations, lawmakers should reevaluate and, to the extent possible, combine existing grant programs and priorities consistent with Governor Gavin Newsom’s “Outdoors for All” initiative and outdoor activity trends and use patterns.

SEC. 2.

 Section 5073.5 is added to the Public Resources Code, to read:

5073.5.
 (a) This section shall be known, and may be cited, as the California Recreational Trails and Greenways Act.
(b) For purposes of this section, the following definitions apply:
(1) “Disadvantaged community” has the same meaning as defined in Section 80002.
(2) “Fund” means the California Recreational Trails and Greenways Fund created pursuant to subdivision (c).
(3) “Program” means the California Recreational Trails and Greenways Program established by the department pursuant to subdivision (c).
(c) (1) The department shall 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.
(2) The California Recreational Trails and Greenways Fund is hereby created in the State Treasury.
(d) To the extent consistent with state and federal law, the following moneys shall be deposited into the fund and, upon appropriation by the Legislature, shall be available for allocation by the department for purposes of the program:
(1) Upon appropriation by the Legislature, 50 percent of the federal Recreational Trails Program moneys that are received by the state and available for appropriation.
(2) Upon appropriation by the Legislature, 25 percent of the federal Land and Water Conservation Fund Act of 1965 (Public Law 88-578) moneys that are received by the state and available for local assistance grants.
(3) To the extent consistent with Proposition 68, as approved by the voters at the June 5, 2018, statewide primary direct election, any moneys that become available for allocation by the department pursuant to Section 80014 that may be lawfully allocated for purposes of the program.
(e) In awarding competitive grants through the program, the department shall do all of the following:
(1) Endeavor to fund multibenefit, multiuse, natural surface trails.
(2) Promote trails and trail infrastructure that minimize the impacts of human and natural ecosystem interface.
(3) Ensure at least 35 percent of the moneys awarded pursuant to the program benefit disadvantaged communities.
(f) To the extent consistent with Proposition 117, as approved by the voters at the June 5, 1990, statewide primary direct election, the department is encouraged to allocate 50 percent of the moneys it allocates pursuant to paragraph (3) of subdivision (a) of Section 2787 of the Fish and Game Code for purposes of increasing access to trails.
(g) In order to reduce the financial burdens associated with frontloaded cost structures and match requirements, the department may create a loan or grant process for advanced payment and match assistance to reduce barriers to participation in the program.
SEC. 3.
 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.