Amended in Assembly April 20, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2651


Introduced by Assembly Member Gomez

February 19, 2016


An act tobegin delete add Chapter 10.5 (commencing with Section 5845) to Division 5 of the Public Resources Code,end deletebegin insert amend Section 816.52 of the Civil Code,end insert relating tobegin delete greenways, and making an appropriation therefor.end deletebegin insert greenways.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2651, as amended, Gomez. begin deleteUrban Water and Transportation Environmental Revitalization Grant Program. end deletebegin insertGreenway easements: amenities.end insert

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The Greenway Development and Sustainment Act applies certain creation and transfer provisions similar to those of conversation easements to greenway easements. The act defines various terms for purposes of the act, including “greenway,” to mean certain types of travel corridors that, among other requirements, incorporate an array of amenities for users of the corridor and nearby communities, and “greenway easement,” to mean a limitation in a deed, will, or other instrument for the purpose of developing greenways adjacent to urban waterways. The act provides that a recorded greenway easement constitutes an enforceable restriction for purposes of certain property tax provisions.

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This bill would instead require a greenway to incorporate an array of amenities only within an urbanized area, as defined.

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Existing law establishes various plans and programs intended to preserve, protect, and rehabilitate lands adjacent to rivers in the state.

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This bill would require the Natural Resources Agency to establish and administer a grant program, known as the Urban Water and Transportation Environmental Revitalization Grant Program. The bill would require the program to provide grants for projects that develop greenways in areas that are adjacent to an urban creek in certain areas, and would require an entity that receives a grant under the program to provide a matching cost share. The bill would appropriate $500,000,000 from the General Fund to the agency for purposes of the program and would prohibit more than 5% of these moneys from being used for administrative costs of the program.

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Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 816.52 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
2read:end insert

3

816.52.  

For purposes of this chapter, the following definitions
4apply:

5(a) (1) “Adjacent” means within 400 yards from the property
6boundary of an existing urban waterway.

7(2) This subdivision does not create a new authority to place or
8extend an easement on private property that is not part of a
9voluntary agreement.

10(b) “Greenway” means a pedestrian and bicycle, nonmotorized
11vehicle transportation, and recreational travel corridor that meets
12the following requirements:

13(1) Includes landscaping that improves rivers and streams,
14provides flood protection benefits, and incorporates the significance
15and value of natural, historical, and cultural resources, as
16documented in the local agency’s applicable planning document,
17including, but not limited to, a master plan, a general plan, or a
18specific plan.

19(2) Is separated and protected from shared roadways, is adjacent
20to an urban waterway, and incorporates both ease of access to
21nearby communities and an array of amenitiesbegin insert within an urbanized
22areaend insert
and services for the users of the corridor and nearby
23communities.

P3    1(3) Is located on public lands or private lands, or a combination
2of public and private lands, where public access to those lands for
3greenway purposes has been legally authorized by, or legally
4obtained from, the fee owner of the land and, if applicable, the
5operator of any facility or improvement located on the land,
6through leases, easements, or other agreements entered into by the
7fee owner and the operator of any affected facility or improvement
8on the land.

9(4) Reflects design standards regarding appropriate widths,
10clearances, setbacks from obstructions, and centerlines protecting
11directional travel, and other considerations, as appropriate, that
12are applicable for each affected local agency, as documented in
13the local agency’s applicable planning document, including, but
14not limited to, a master plan, general plan, or specific plan.

15(5) May incorporate appropriate lighting, publicbegin delete amenities,end delete
16begin insert amenities within an urbanized area,end insert art, and other features that are
17 consistent with a local agency’s planning document, including,
18but not limited to, a general plan, master plan, or specific plan.

19(c) “Greenway easement” means any limitation in a deed, will,
20or other instrument in the form of an easement, restriction,
21covenant, or condition that is or has been executed by or on behalf
22of the owner of the land subject to the easement and is binding
23upon successive owners of that land, for the purpose of developing
24greenways adjacent to urban waterways.

25(d) “Local agency” means a city, county, or city and county.

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26
(e) “Urbanized area” has the same meaning as set forth in
27Section 21071 of the Public Resources Code.

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28(e)

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29begin insert(f)end insert “Urban waterway” means a creek, stream, or river that crosses
30(1) developed residential, commercial, or industrial property or
31(2) open space where the land use is designated as residential,
32commercial, or industrial, as referenced in a local agency’s
33planning document, including, but not limited to, a general plan,
34master plan, or specific general plan.

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35

SECTION 1.  

Chapter 10.5 (commencing with Section 5845)
36is added to Division 5 of the Public Resources Code, to read:

 

P4    1Chapter  10.5. Urban Water and Transportation
2Environmental Revitalization Grant Program
3

 

4

5845.  

(a) The Natural Resources Agency shall establish and
5administer a grant program, to be known as the Urban Water and
6Transportation Environmental Revitalization Grant Program. The
7program shall provide grants for projects that develop greenways,
8as defined in Section 816.52 of the Civil Code, in areas that are
9adjacent to an urban creek, as defined in subdivision (e) of Section
107048 of the Water Code, and its tributaries, and that are within the
11areas described in Division 22.8 (commencing with Section 32600)
12and Division 23 (commencing with Section 33000).

13(b) An entity that receives a grant pursuant to this chapter shall
14be required to provide a matching cost share.

15

SEC. 2.  

The sum of five hundred million dollars ($500,000,000)
16is hereby appropriated from the General Fund to the Natural
17Resources Agency for purposes of Section 1 of this act. No more
18than 5 percent of these moneys shall be used for administrative
19costs of the grant program.

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