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
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          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
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          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