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.









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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









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          None on file.


          Analysis Prepared by:Diane Colborn / W., P., & W. / (916)  
          319-2096