BILL NUMBER: AB 2651 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2016
AMENDED IN ASSEMBLY MARCH 29, 2016
INTRODUCED BY Assembly Member Gomez
FEBRUARY 19, 2016
An act to add Chapter 10.5 (commencing with Section 5845)
to Division 5 of the Public Resources Code, amend
Section 816.52 of the Civil Code, relating to
greenways, and making an appropriation therefor.
greenways.
LEGISLATIVE COUNSEL'S DIGEST
AB 2651, as amended, Gomez. Urban Water and
Transportation Environmental Revitalization Grant Program.
Greenway easements: amenities.
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.
This bill would instead require a greenway to incorporate an array
of amenities only within an urbanized area, as defined.
Existing law establishes various plans and programs intended to
preserve, protect, and rehabilitate lands adjacent to rivers in the
state.
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.
Vote: 2/3 majority . Appropriation:
yes no . Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 816.52 of the Civil
Code is amended to read:
816.52. For purposes of this chapter, the following definitions
apply:
(a) (1) "Adjacent" means within 400 yards from the property
boundary of an existing urban waterway.
(2) This subdivision does not create a new authority to place or
extend an easement on private property that is not part of a
voluntary agreement.
(b) "Greenway" means a pedestrian and bicycle, nonmotorized
vehicle transportation, and recreational travel corridor that meets
the following requirements:
(1) 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.
(2) 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 within an urbanized area
and services for the users of the corridor and nearby
communities.
(3) Is located on public lands or private lands, or a combination
of public and private lands, where public access to those lands for
greenway purposes has been legally authorized by, or legally obtained
from, 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.
(4) 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, general plan, or specific plan.
(5) May incorporate appropriate lighting, public
amenities, amenities within an urbanized area,
art, and other features that are consistent with a local agency's
planning document, including, but not limited to, a general plan,
master plan, or specific plan.
(c) "Greenway easement" means any limitation in a deed, will, or
other instrument in the form of an easement, restriction, covenant,
or condition that is or has been executed by or on behalf of the
owner of the land subject to the easement and is binding upon
successive owners of that land, for the purpose of developing
greenways adjacent to urban waterways.
(d) "Local agency" means a city, county, or city and county.
(e) "Urbanized area" has the same meaning as set forth in Section
21071 of the Public Resources Code.
(e)
(f) "Urban waterway" means a creek, stream, or river
that crosses (1) developed residential, commercial, or industrial
property or (2) 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.
SECTION 1. Chapter 10.5 (commencing with Section
5845) is added to Division 5 of the Public Resources Code, to read:
CHAPTER 10.5. URBAN WATER AND TRANSPORTATION ENVIRONMENTAL
REVITALIZATION GRANT PROGRAM
5845. (a) The Natural Resources Agency shall establish and
administer a grant program, to be known as the Urban Water and
Transportation Environmental Revitalization Grant Program. The
program shall provide grants for projects that develop greenways, as
defined in Section 816.52 of the Civil Code, in areas that are
adjacent to an urban creek, as defined in subdivision (e) of Section
7048 of the Water Code, and its tributaries, and that are within the
areas described in Division 22.8 (commencing with Section 32600) and
Division 23 (commencing with Section 33000).
(b) An entity that receives a grant pursuant to this chapter shall
be required to provide a matching cost share.
SEC. 2. The sum of five hundred million dollars
($500,000,000) is hereby appropriated from the General Fund to the
Natural Resources Agency for purposes of Section 1 of this act. No
more than 5 percent of these moneys shall be used for administrative
costs of the grant program.