BILL ANALYSIS Ó
AB 2651
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Date of Hearing: April 26, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
AB 2651
(Gomez) - As Amended April 20, 2016
SUBJECT: Greenway easements: amenities
SUMMARY: Makes clarifying amendments to the Greenway
Development and Sustainment Act. Specifically, this bill:
1)Clarifies that amenities, for purposes of greenway easements,
include amenities within an urbanized area.
2)Defines an urbanized area for purposes of the Greenway
Development and Sustainment Act, as defined under the
California Environmental Quality Act (CEQA), to mean generally
an area with a population of 100,000 or more.
EXISTING LAW:
1)Establishes a greenway easement as an interest in real
property created for the purpose of developing greenways
adjacent to urban waterways. Authorizes nonprofit
organizations, public government entities and tribes to
acquire and hold greenway easements.
AB 2651
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2)Defines a greenway to mean a pedestrian and bicycle,
non-motorized vehicle transportation, and recreational travel
corridor that meets specified requirements, and may include
public amenities, as specified.
FISCAL EFFECT: This bill has been identified by Legislative
Counsel as nonfiscal.
COMMENTS: This bill makes technical clarifying changes to the
Greenway Development and Sustainment Act established by AB 1251
(Gomez), Chapter 639, Statutes of 2015.
1)Author's Statement: The author indicates this bill is needed
to protect parts of urban rivers that may extend to
non-urbanized areas. This bill includes clean-up provisions
to last year's AB 1251, agreed to as a result of negotiations
between the author's office, various agencies and the
administration. This bill clarifies that greenways shall
include amenities only within urbanized areas, and not along
non-urbanized waterways where such amenities might cause
environmental impacts.
2)Background: AB 1251 created a new property interest known as
a greenway easement, for the purpose of developing greenways
adjacent to urban waterways. AB 1251 defined a greenway as a
non-motorized bicycle, pedestrian, and non-motorized vehicle
transportation and recreational travel corridor that meets
specified requirements. Among other things, AB 1251 specified
that a greenway may include lighting, public amenities, art
and other features not inconsistent with local planning
documents. This bill clarifies that such amenities are
limited to urbanized areas, and do not extend to greenways
along waterways in non-urbanized areas, where such amenities
might have environmental impacts.
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3)Prior and Related Legislation: AB 1251 (Gomez), Chapter 639,
Statutes of 2015, established a greenway easement as an
interest in real property created for the purpose of
developing greenways adjacent to urban waterways, and
authorized nonprofit organizations, public government entities
and tribes to acquire and hold greenway easements.
AB 1205 (Gomez) of 2015 proposed to require the Natural
Resources Agency to establish a grant program for projects
adjacent to riparian corridors that further the California
Global Warming Solutions Act of 2006. It also proposed to
create the CalRIVER Fund in the State Treasury. AB 1205 was
held in the Senate Appropriations Committee.
AB 530 (Rendon), Chapter 684, Statutes of 2015, requires the
Secretary of the Natural Resources Agency to appoint, in
consultation with the Los Angeles County Board of Supervisors
to the extent the board wishes to consult, a local working
group to develop a revitalization plan for the Lower Los
Angeles River watershed, called the Lower Los Angeles River
Working Group.
SB 1201 (De León), Chapter 212, Statutes of 2012, amended the
Los Angeles Flood Control Act in order to provide for the
public use of navigable waterways under the Los Angeles County
Flood Control District's control that are suitable for
recreational and educational purposes, when those purposes are
not inconsistent with their use by the District for flood
control and water conservation.
SCR 101 (Pavley), Chapter 106, Resolutions of 2012, honored
and commended the commitment, energy, vision, and leadership
demonstrated by local, regional, state, and federal government
agencies, as well as nonprofit and civic groups,
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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.
4)Support Arguments: None received.
5)Opposition Arguments: None received.
6)Suggested Amendment: The California Central Valley Flood
Control Association suggests an amendment to this bill to
clarify that amenities in a greenway need to be consistent
with not only local agency planning documents, but also with
state or local flood plans. If the committee and author wish
to take such an amendment, the amendment could be worded (page
3, lines 17 and 18) to read as follows:
"?consistent with a local agency's planning document,
including, but not limited to, a general plan, master plan, or
specific plan, and with state or local plans for controlling
the flood waters of rivers and their tributaries, as
applicable."
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
AB 2651
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None on file.
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096