BILL ANALYSIS Ó SB 1201 Page 1 Date of Hearing: June 26, 2012 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Jared Huffman, Chair SB 1201 (De León) - As Amended: May 29, 2012 SENATE VOTE : 25-13 SUBJECT : Los Angeles River: recreation and education SUMMARY : Requires the Los Angeles County Flood Control District (LACFCD) to provide access to navigable waterways under LACFCD's control, including the Los Angeles River (LA River), where such access is suitable for education and recreational purposes and not inconsistent with flood control and water conservation uses. EXISTING LAW 1)Creates the LACFCD and empowers it to provide for: a) The control and conservation of the flood, storm and other waste waters of the district and to conserve these waters for beneficial and useful purposes; and, b) The protection of the harbors, waterways, public highways and property in the district from flood water or storm water damage. 2)Authorizes the LAFCD, among other powers, to provide by agreement with other public agencies or private persons or entities or otherwise for the recreational use of the lands, facilities, and works of the district which shall not interfere, or be inconsistent, with the primary use and purpose of the lands, facilities, and works by the LACFCD. FISCAL EFFECT : Unknown. The Senate Appropriations Committee staff analyzed the fiscal impacts of creating a new entity in state government, the Los Angeles River Interagency Access Council (LARIAC), in order to develop and administer public access and safety policies for the LA River. Subsequently, the author accepted the Appropriations Committee amendments deleting the LARIAC from this bill. COMMENTS : Although its concrete lined bed and banks have made cameo appearances in many a famous Hollywood car chase or car race scene, it is unlikely that most viewers realized they were SB 1201 Page 2 seeing a part of a river, the LA River. Until the Los Angeles Aqueduct brought water from the Owens Valley, the LA River was the primary water source for the Los Angeles Basin. But it had a tendency towards extremes, both in terms of water scarcity and propensity to flood. After catastrophic flooding in the 1930's, the United States Army Corps of Engineers began lining most of the LA River with concrete. Ever since, it has served primarily as a flood control channel, fed by storm drains, with only a few portions of the river not completely paved over. More recently environmental groups and park advocates have supported the removal of concrete and the restoration of natural vegetation and wildlife along the LA River. There are also plans for a series of parks along the river's city frontage in Los Angeles. In September 2010 the United States Environmental Protection Agency (USEPA) announced that its designation of the Los Angeles River as a "traditional navigable waterway," protected under the Clean Water Act, would ensure the vitality of the river. At the time, USEPA Administrator Lisa Jackson stated, "We want the LA River to demonstrate how urban waterways across the country can serve as assets in building stronger neighborhoods. A clean, vibrant LA River system can help revitalize struggling communities, promoting growth and jobs for residents of Los Angeles." The LA River was also identified in 2010 as a priority by the Obama administration under the America's Great Outdoors initiative and is now one of seven pilot cities for the Urban Waters Federal Partnership. In the ceremony announcing the designation, United States Secretary of the Interior Ken Salazar stated, "Once known for pollution and poverty, these watersheds can become model urban parks cherished for their trails and access to river recreation." Supporting arguments : According to the author, this bill "promotes open and accessible use of the LA River by amending the Los Angeles Flood Control Act (which currently outlines the management goals of the LA River) and expands the river management policies to include public access and use of the river for recreation and education. Currently the policies are SB 1201 Page 3 limited to flood control and water conservation." Supporters add that "since channelization of the river ? agency policies generally exclude the public from river access and use except under a restrictive and difficult permit process. In spite of this, we are now witnessing rapidly increasing public interest in the ÝLA River] accompanied by a significant increase in actual use for a number of recreational purposes." Supporter state that public access to and use of the river is "greatly complicated by a multiplicity of federal, state and local agencies with river-related jurisdiction" and current coordination policies are inadequate. Opposing arguments : Opponents argue that the bill amends the Los Angeles Flood Control Act "unnecessarily and would cause confusion regarding the priorities for LACFCD property. The Act already authorizes recreational uses of LACFCD property, but also clearly establishes that recreational uses are secondary to flood control purposes, possibly resulting in diminished performance of the flood control systems in the County." Other opponents state recreation is "incompatible with the lower Los Angeles River" which "continues to serve primarily as a flood control channel" and is "unsafe to navigate." Those opponents suggest the bill be amended to exclude the lower LA River. REGISTERED SUPPORT / OPPOSITION : Support Friends of the Los Angeles River (sponsor) California League of Conservation Voters Mountains Recreation and Conservation Authority Santa Monica Baykeeper Santa Monica Mountains Conservancy Opposition City of Long Beach Los Angeles County Board of Supervisors Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916) 319-2096