BILL ANALYSIS Ó AB 2651 Page 1 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 Page 2 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. AB 2651 Page 3 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, AB 2651 Page 4 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 Page 5 None on file. Analysis Prepared by:Diane Colborn / W., P., & W. / (916) 319-2096