BILL ANALYSIS Ó
AB 1251
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Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
AB 1251
(Gomez) - As Introduced February 27, 2015
SUBJECT: Greenway Development and Sustainment Act
SUMMARY: Enacts the Greenway Development and Sustainment Act.
Specifically, this bill:
1)Authorizes a tax-exempt nonprofit organization whose primary
purpose is the development of a greenway to acquire and hold
conservation easements.
2)Defines a greenway for purposes of this section as, among
other characteristics, a pedestrian and bicycle, non-motorized
vehicle transportation, and recreational travel corridor with
specified requirements.
3)Adds greenways, as defined in this bill, to the definition of
"open-space" land which can be included in the open space
element of a county or city general plan. Identifies the uses
of greenways, as a type of open-space land, to include both
preservation of natural resources and outdoor recreation.
EXISTING LAW:
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1)Authorizes a tax-exempt 501 (c)(3) nonprofit organization that
has as its primary purpose the preservation, protection, or
enhancement of land it its natural, scenic, historical,
agricultural, forested, or open-space condition or use, to
acquire and hold conservation easements.
2)Defines "open space land" for local land use planning
purposes.
FISCAL EFFECT: None; this bill is tagged non-fiscal.
COMMENTS: The author's stated purpose in introducing this bill
is to promote greenway development in California. This bill
clarifies that a nonprofit 501(c)(3) organization whose primary
purpose is to develop a greenway, is authorized to acquire and
hold conservation easements. This bill also defines a greenway
for these purposes. In addition, this bill adds greenways to the
types of open space lands that may be included in the open space
element of a county or city general plan.
The author notes that greenways improve the quality of life in
communities by providing connectivity between communities, and
important recreational, open space, wildlife, flood management,
water quality, air quality, transportation, emergency response,
and urban waterfront revitalization opportunities.
This bill is focused on promotion of greenways generally
throughout the state. As an example of a proposed greenway,
there has been significant interest in the potential for
development of a Los Angeles River Greenway through
public-private partnerships aimed at establishing a continuous
pedestrian/bikeway along the Los Angeles River and its key
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tributaries. Supporters of the proposed project highlight the
potential for job creation, economic development, and community
revitalization that could be fostered by investing in a
non-motorized commuter and recreational transit route following
the 51 mile Los Angeles River corridor, and connecting existing
communities to a network of parks and multi-use trails. For a
more detailed discussion and background on the history of the
Los Angeles River, and recent efforts to restore the river and
revitalize surrounding communities, see the Assembly Water,
Parks & Wildlife Committee analysis of AB 1922 (Gomez) of 2014.
Prior and Related Legislation: This bill is substantially
similar to portions of AB 1922 (Gomez) of 2014 which, in
addition to the provisions in this bill, also: included
legislative findings and declarations regarding the values of
open space lands and greenways, and the particular benefits that
would be provided from restoration of a greenway along the Los
Angeles River; and stated legislative intent to promote
development of greenways along urban rivers including the Los
Angeles River. AB 1922 was held in the Senate Appropriations
Committee.
AB 735 (Gomez) of 2012 proposed to create a Greenway Initiative,
including development of a greenway along the Los Angeles River.
AB 735 was held in Assembly Appropriations Committee.
SB 1201 (De Leon), Chapter 212, Statutes of 2012, amended the
Los Angeles County Flood Control Act to include, in the objects
and purposes of the Act, to provide for public use of navigable
waterways under the Los Angeles County Flood Control District's
control that are suitable for recreational and educational
purposes, when these purposes are not inconsistent with the use
thereof by the district for flood control and water
conservation.
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SCR 101 (Pavley), Chapter 106, resolutions of 2012, declared
that the Legislature honors and commends the commitment, energy,
vision, and leadership demonstrated by local, regional, state,
and federal government agencies, as well as nonprofit and civic
groups, organizations, and associations, in the creation of
parks and the restoration of natural habitats along the Los
Angeles River and its San Fernando Valley tributaries.
Double-Referral: This bill if approved by this committee is
double-referred to Assembly Local Government Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096
AB 1251
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