BILL ANALYSIS Ó SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2015 - 2016 Regular Bill No: AB 530 Hearing Date: July 14, 2015 ----------------------------------------------------------------- |Author: |Rendon | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |June 1, 2015 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Katharine Moore | | | | ----------------------------------------------------------------- Subject: Lower Los Angeles River Working Group. BACKGROUND AND EXISTING LAW The Los Angeles River (River) forms from its headwaters in the western San Fernando Valley and flows easterly across the Valley through Griffith Park where the river turns to the south, and passes through downtown Los Angeles and additional downstream cities en route to its estuary in Long Beach. The River is entirely with the County of Los Angeles (County). The approximately 32 miles of the River upstream of the City of Vernon is considered to be the upper River and is within the bounds of the City of Los Angeles. The approximately 19 miles of the lower River includes the cities of Vernon, Commerce, Maywood, Bell, Bell Gardens, Cudahy, South Gate, Lynwood, Compton, Paramount, Carson and Long Beach. The areas surrounding the River are widely considered to have relatively few open space and park areas. Particularly along the lower River, industrial activity and railyards immediately adjacent to the River serve to isolate the River from the surrounding communities. As urbanization of the Los Angeles basin increased over the years, River flooding caused increasing impacts. The devastating flooding in 1914 led to the passage of the Los Angeles Flood Control District Act (c. 755, Statutes of 1915). Following serious flooding, the US Congress in 1936 directed the US Army Corps of Engineers (Corps) to "channelize" the river AB 530 (Rendon) Page 2 of ? (with concrete) to help control flooding. The Flood Control District and the Corps share the responsibility for the operation and management of these flood control and water conservation facilities. The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) was created by the Legislature in 1999 (SB 216, Solis, c. 89 and AB 1355, Havice, c. 90, Statutes of 1999)(Public Resources Code (PRC) §§32600 et seq.). The RMC's mission is, among other things, to preserve open space and habitat in order to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within its jurisdiction. It is one of ten conservancies located in the Natural Resources Agency (agency). The RMC's territory includes the lower Los Angeles River. In the early 1990s, community activism over turning a railyard adjacent to the River into open space coincided with the County beginning a process that - after considerable input from stakeholders and community outreach - resulted in the County's Los Angeles River Master Plan (Master Plan) in 1996. The Master Plan described how economic growth could be spurred along the River in the County through zoning changes and the development of open space, recreational, cultural, artistic, educational and other opportunities. Ultimately over several decades, the River will be returned to a less-polluted, functioning riparian environment in as many reaches as possible, while still controlling flooding and providing recreational opportunities. The City of Los Angeles' Los Angeles River Revitalization Master Plan (Revitalization Master Plan) was released in 2007. Continuing the long-term goals of the County Master Plan, the Revitalization Master Plan also promoted the revitalization of the River as a multi-benefit solution to addressing and enhancing water quality and flood control while enabling safe access to the River and restoring a functional river ecosystem. The City's Revitalization Master Plan focused on the upper River. Both plans contain a list of River projects to be completed and seek to re-focus the surrounding neighborhoods on the River to help form a sense of identity, improve the quality of life and boost civic pride. Since the Master Plan and Revitalization AB 530 (Rendon) Page 3 of ? Master Plan were developed, numerous River restoration efforts including the creation of habitat, pocket parks and bikeways have been undertaken, as well as guidelines established for signage and other features. In 2014 the Corps recommended the most extensive restoration alternative provided by its Los Angeles River Ecosystem Restoration Feasibility Report be undertaken at an estimated cost of $1.08 billion. The area to be restored focuses on the 11 mile soft-bottomed stretch of the River from roughly Griffith Park to downtown called the ARBOR reach. Existing law designates the River as a traditional navigable waterway protected under the Clean Water Act. In recent years, stretches of the River have been opened annually for kayaking and other recreational activities. These activities on the River itself have received considerable media coverage and have been publicly popular. In 2014, California voters approved the Water Quality, Supply, and infrastructure Improvement Act of 2014 (Proposition 1) which includes $60 million for the River split equally between the Santa Monica Mountains Conservancy and the RMC. These funds are for the purpose of multi-benefit water quality, water supply, watershed protection and restoration projects for the watersheds. In addition, River projects are eligible for certain other Proposition 1-funded purposes, such as the $100 million for urban rivers and streams. PROPOSED LAW This bill would require the creation of a local working group to develop a revitalization plan for the lower River by March 1, 2017. Specifically this bill would: 1)Direct the Secretary of the agency, in coordination with the Los Angeles County Board of Supervisors, to appoint a local working group, the Lower Los Angeles River Working Group (working group), to develop a revitalization plan for the lower Los Angeles River by March 1, 2017. 2)Require the working group to include at least representatives from a) the RMC, b) the County of Los Angeles, c) the Gateway Cities Council of Governments, AB 530 (Rendon) Page 4 of ? d) the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, e) elected officials from cities riparian to the River, and f) non-profit organizations serving the region. 3)Specify that the working group use watershed-based planning methods to develop the revitalization plan. 4)Specify that the plan shall include watershed education programs that help lower River communities recognize the value of the river, as specified, recognize the unique and diverse needs of the these same communities and be consistent with, enhance and be incorporated into the county's master plan. 5)Direct the RMC to provide necessary staffing to the working group for plan development. 6)Provide the development and implementation of the plan will be eligible for any public or private source of funding, including, but not limited to, from Proposition 1, and specifies eligible plan implementing entities. 7)Declare the need for this special law, and 8)Make a series of supporting legislative findings. ARGUMENTS IN SUPPORT According to the author, "[t]he County of Los Angeles adopted a Master Plan for the entire Los Angeles River in 1996. Since then, the City of Los Angeles has done substantial work on developing a "revitalization plan" for the upper Los Angeles River, within the City's boundaries. After almost two decades, the time has come to update the Master Plan, focusing more attention and resources on the lower Los Angeles River." This bill requires the appointment of "a local working group to develop a "revitalization plan" for the lower Los Angeles River, just as the upper Los Angeles River has its plan. This revitalization plan would be consistent with and designed to enhance the County's Master Plan for the entire river." "AB 530 starts a conversation about how to improve the lower Los Angeles River in concert with the revitalization of the upper Los Angeles River, so that the entire Los Angeles River AB 530 (Rendon) Page 5 of ? watershed could be managed collaboratively." ARGUMENTS IN OPPOSITION None received COMMENTS Working group membership. There is overlap/potential overlap between organizations represented on the working group and on the RMC's board. These include the County of Los Angeles, the Gateway Cities Council of Governments, elected officials from riparian cities, and the non-profit organization. Membership of the working group is not limited in number and there is evidence of significant community interest in River revitalization efforts (e.g. dozens of non-profit organizations listed as participating in various revitalization planning efforts). Recent related legislation SB 355 (Lara, 2015). This bill would revise the board membership of the RMC. (currently on the Assembly floor) AB 1205 (Gomez). This bill would establish the California River Revitalization and Greenway Development Act which would develop a grant program to distribute auction revenues and Proposition 1 moneys, among others, to the benefit of rivers, as specified. (currently before the Senate Natural Resources and Water Committee) AB 1251 (Gomez, 2015). This bill would establish the Greenway Development and Sustainment Act which, among other things, provides for greenway easements. (before the Senate Appropriations Committee) AB 1922 (Gomez, 2014). This bill is an earlier version of AB 1251 (Gomez, 2015) (held in the Senate Appropriations Committee) AB 735 (Gomez, 2013). This bill would have established the Greenway Initiative to promote the establishment of greenways along rivers statewide (held in the Assembly Appropriations Committee) SB 1201 (de León, c. 212, Statutes of 2012). This bill provides for public use of the River by adding education and recreational purposes to the Los Angeles county Flood Control Act where those uses are not inconsistent with flood control and water AB 530 (Rendon) Page 6 of ? conservation. SUPPORT Anahuak Youth Sports Association Arroyo Seco Foundation Audobon California California League of Conservation Voters California Watershed Network City of Bell Council for Watershed Health City of Cudahy East Yard Communities for Environmental Justice Friends of the Los Angeles River From Lot to Spot Health the Bay City of Lakewood Los Angeles Community Garden Council Los Angeles Conservation Corps Los Angeles County Bicycle Coalition Los Angeles County Board of Supervisors Los Angeles Neighborhood Land Trust Los Angeles River Revitalization Corporation City of Maywood Mujeres de la Tierra Pacoima Beautiful City of Paramount the Public Counsel the River Project Linda T. Sanchez, Representative, U.S. Congress the Trust for Public Land T.R.U.S.T. South LA Urban Semillas the Watershed Conservation Authority OPPOSITION None Received -- END -- AB 530 (Rendon) Page 7 of ?