BILL ANALYSIS Ó
AB 1251
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 1251
(Gomez) - As Amended April 14, 2015
SUBJECT: Greenway Development and Sustainment Act.
SUMMARY: Enacts the Greenway Development and Sustainment Act.
Specifically, this bill:
1)States that the Legislature finds and declares the following
with regard to the development
of a greenway along the Los Angeles River and its tributaries:
a) The area along the Los Angeles River and its tributaries
is particularly suited for the development of a greenway.
A Los Angeles River greenway that focuses on public-private
partnerships aimed at establishing a continuous pedestrian
bikeway along the Los Angeles River and its tributaries
would foster job creation, economic development, and
community revitalization; and,
b) By developing a greenway that promotes sustainability
and acts as a transportation corridor, a city, county, or
city and county may apply for alternative fuels funding,
greenhouse gas reduction funds, and other land use funds,
as appropriate.
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2)Authorizes a tax-exempt nonprofit organization whose primary
purpose is the development of a greenway to acquire and hold
conservation easements.
3)Defines, for purposes of the section of law that allows a
tax-exempt nonprofit organization, as specified, to acquire
and hold conservation easements, the following terms:
a) "Adjacent" means within 400 yards from the property
boundary of an existing urban waterway;
b) "Greenway" to mean a pedestrian and bicycle,
nonmotorized vehicle transportation, and recreational
travel corridor that meets the following requirements:
i) Includes landscaping that improves rivers and
streams, provides flood protection benefits, and
incorporates the significance and value of natural,
historical, and cultural resources, as documented in the
local agency's applicable planning document, including,
but not limited to, a master plan, a general plan, or a
specific plan;
ii) Is separated and protected from shared roadways, is
adjacent to an urban waterway, and incorporates both ease
of access to nearby communities and an array of amenities
and services for the users of the corridor and nearby
communities;
iii) Is located on public lands or private lands, or a
combination of public and private lands, where public
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access to those lands for greenway purposes has been
legally authorized by the fee owner of the land and, if
applicable, the operator of any facility or improvement
located on the land, through leases, easements, or other
agreements entered into by the fee owner and the operator
of any affected facility or improvement on the land;
iv) Reflects design standards regarding appropriate
widths, clearances, setbacks from obstructions, and
centerlines protecting directional travel, and other
considerations, as appropriate, that are applicable for
each affected local agency, as documented in the local
agency's applicable planning document, including, but not
limited to, a master plan, a general plan, or specific
plan; and,
v) May incorporate appropriate lighting, public
amenities, art, and other features that are consistent
with a local agency's planning document, including, but
not limited to, a master plan, general plan, or specific
plan.
c) Defines "urban waterway" to mean a creek, stream, or
river that crosses (i) developed residential, commercial,
or industrial property or (ii) open space where the land
use is designated as residential, commercial, or
industrial, as referenced in a local agency's planning
document, including, but not limited to, a general plan,
master plan, or specific general plan.
4)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.
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EXISTING LAW:
1)Authorizes a tax-exempt 501 (c)(3) nonprofit organization that
has as its primary purpose the preservation, protection, or
enhancement of land and its natural, scenic, historical,
agricultural, forested, or open-space condition or use, to
acquire and hold conservation easements.
2)Requires that each city and county in California must prepare
a comprehensive, long-term general plan to guide its future.
3)Requires a general plan to include seven mandatory elements,
including a land use, circulation, housing, conservation, open
space, noise, and safety.
4)Allows the general plan to include other elements or address
any other subjects, which in the judgment of the legislative
body, relate to the physical development of the county or
city.
5)Requires the Office of Planning and Research (OPR) to adopt
and periodically revise guidelines for the preparation and
content of local general plans.
6)Defines "local open-space plan" to mean the open-space element
of a county or city general plan adopted by the board or
council, either as the local open-space plan or as the interim
local open-space plan adopted, as specified.
7)Defines "open-space land" to mean any parcel or area of land
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or water that is essentially unimproved and devoted to an
open-space use as defined, and that is designated on a local,
regional or state open-space plan as any of the following:
a) Open space for the preservation of natural resources
including, but not limited to, areas required for the
preservation of plant and animal life, including habitat
for fish and wildlife species; areas required for ecologic
and other scientific study purposes; rivers, streams, bays
and estuaries; and coastal beaches, lakeshores, banks of
rivers and streams, and watershed lands;
b) Open space used for the managed production of resources,
including, but not limited to, forest lands, rangeland,
agricultural lands and areas of economic importance for the
production of food or fiber; areas required for the
recharge of groundwater basins; bays, estuaries, marshes,
rivers and streams, which are important for the management
of commercial fisheries; and, areas containing major
mineral deposits, including those in short supply;
c) Open space for outdoor recreation, including, but not
limited to, areas of outstanding scenic, historic and
cultural value; areas particularly suited for park and
recreation purposes, including access to lakeshores,
beaches, and rivers and streams; and, areas which serve as
links between major recreation and open-space reservations,
including utility easements, banks of rivers and streams,
trails and scenic highway corridors;
d) Open space for public health and safety, including, but
not limited to, areas which require special management or
regulation because of hazardous or special conditions such
as earthquake fault zones, unstable soil areas, flood
plains, watersheds, areas presenting high fire risks, areas
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required for the protection of water quality and water
reservoirs, and areas required for the protection and
enhancement of air quality;
e) Open space in support of the mission of military
installations that comprises areas adjacent to military
installations, military training routes, and underlying
restricted airspace that can provide additional buffer
zones to military activities and complement the resource
value of the military lands; and,
f) Open space for the protection of places, features, and
objects, as specified.
FISCAL EFFECT: None
COMMENTS:
1)Bill Summary. This bill enacts the Greenway Development and
Sustainment Act and 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.
This bill is an author-sponsored measure.
2)Author's Statement. According to the author, "AB 1251
empowers local governments to develop greenways within their
jurisdiction. [This] bill would enable non-profits to obtain a
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conservation easement if they have the specific purpose of
greenway development. This bill also ensures that greenways
can be included in the local open-space plan of a general
plan. By revitalizing urban waterways with greenways, we are
promoting a higher quality of life that includes recreational
open space and connects neighborhoods across a community."
3)Previous Legislation. This bill is similar to portions of AB
1922 (Gomez) of 2014, which was held in the Senate
Appropriations Committee.
AB 735 (Gomez) of 2012, which was held in the Assembly
Appropriations Committee, proposed to create a Greenway
Initiative, including development of a greenway along the Los
Angeles River.
4)Arguments in Support. None on file.
5)Arguments in Opposition. The Central Coast Forest Association
writes that "this bill is an outright taking of property
rights from private landowners. Conservation easements are a
tool for reducing property and estate taxes, but they often do
not serve the ultimate interest of the health of the land.
6)Double-Referral. This bill was heard in the Water, Parks and
Wildlife Committee on
April 14, 2015, where it passed with a 10-4 vote.
REGISTERED SUPPORT / OPPOSITION:
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Support
None on file
Opposition
Central Coast Forest Association
Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958