BILL ANALYSIS Ó
AB 2651
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CONCURRENCE IN SENATE AMENDMENTS
AB
2651 (Gomez)
As Amended August 19, 2016
2/3 vote. Urgency
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|ASSEMBLY: |76-0 |(May 2, 2016) |SENATE: |32-6 |(August 24, |
| | | | | |2016) |
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Original Committee Reference: W., P., & W.
SUMMARY: Makes clarifying amendments to the Greenway
Development and Sustainment Act.
The Senate amendments:
1)Expand the definition of a greenway easement to include either
of the following purposes:
a) Developing greenways adjacent to urban waterways
consistent with restoration efforts undertaken at those
waterways at the time of the creation of the easement, if
any.
b) Preserving greenways adjacent to urban waterways.
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1)Require that a greenway reflect design standards that are
consistent with plans and facilities for controlling the
floodwater of rivers and their tributaries, as applicable.
2)Authorize greenways to be included in the land use element of
a general plan.
3)Add technical language to avoid chaptering out problems with
SB 974 (Governance and Finance Committee) and SB 1000 (Leyva),
both of the current legislative session, in the event that
these bills also pass and amend the same code sections.
4)Make other technical changes and add a coauthor.
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.
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: According to the Senate Appropriations
Committee:
1)Unknown net impact on property tax revenues, a portion of
which must be backfilled by the state General Fund. This bill
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could potentially both expand opportunities for designating
greenway easements by authorizing them for preservation of
existing greenways in some cases, and reduce opportunities by
limiting greenway easements to urbanized areas. The net
impacts are unquantifiable, but this bill could potentially
result in a reduction in property tax revenues, approximately
half of which are allocated to schools on a statewide basis.
The state General Fund generally backfills schools for any
loss in property tax revenues, pursuant to Proposition 98.
2)Minor reimbursable mandate costs, if any, for local assessors
to revise property tax assessments for properties designated
as greenway easements (General Fund). Any local costs to
designate easements in the land use element rather than the
open space element of the general plan would not be
reimbursable.
COMMENTS: This bill makes technical clarifying changes to the
Greenway Development and Sustainment Act established by AB 1251
(Gomez), Chapter 639, Statutes of 2015.
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. AB
2651 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. In addition, the design standards of a
greenway would be required to be consistent with applicable
flood control plans. This bill also clarifies the definition of
a greenway easement and authorizes greenways to be included in
the land use element of a local general plan.
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Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
FN:
0004773