BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 110
                                                                  Page 1


          ASSEMBLY THIRD READING
          AB 110 (Smyth)
          As Introduced  January 13, 2009
          Majority vote 

           NATURAL RESOURCES   9-0         APPROPRIATIONS      16-1        
           
           ------------------------------------------------------------------ 
          |Ayes:|Skinner, Gilmore,         |Ayes:|De Leon, Ammiano, Charles  |
          |     |Brownley, Chesbro, De     |     |Calderon, Davis, Duvall,   |
          |     |Leon, Hill, Huffman,      |     |Fuentes, Hall, Harkey,     |
          |     |Knight, Logue             |     |Miller, John A. Perez,     |
          |     |                          |     |Price, Skinner, Solorio,   |
          |     |                          |     |Audra Strickland,          |
          |     |                          |     |Torlakson, Krekorian       |
          |     |                          |     |                           |
          |-----+--------------------------+-----+---------------------------|
          |     |                          |Nays:|Nielsen                    |
          |     |                          |     |                           |
           ------------------------------------------------------------------ 
           SUMMARY  :  Expands the geographic scope within which the Santa  
          Monica Mountains (Conservancy) may revise the boundaries of the  
          Rim of the Valley Trail Corridor (Corridor).  Specifically,  this  
          bill  :  
           
          1)Expands the geographic scope within which the Conservancy may  
            revise the boundaries of the Corridor to include areas in the  
            vicinity of the City of Santa Clarita (instead of Placerita  
            Canyon State Park), including Elsmere Canyon and its  
            watershed.

          2)Authorizes an owner of property located in Elsmere Canyon or  
            its adjacent watersheds to request of the Conservancy that his  
            or her property be included within the boundaries of the  
            Corridor.  Upon receipt of the request, the Conservancy may  
            revise the boundaries of the Corridor to include this  
            property.

          3)Strikes a provision that effectively prohibits the Conservancy  
            from including Elsmere Canyon in the Corridor.

          4)States that the provision in 2) above does not affect the  
            inclusion of the property in the Corridor pursuant to other  
            provisions of existing law.








                                                                  AB 110
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           EXISTING LAW  :

          1)Creates the Conservancy to protect the natural resources of,  
            and promote recreational opportunities in, the Santa Monica  
            Mountains.  The Conservancy is authorized to acquire land from  
            willing sellers, and to provide grants to local governments  
            and non-profit organizations for planning, acquisition,  
            improvement, and operation of wildlife habitat and recreation  
            resources within the Santa Monica Mountains Zone (Zone), as  
            established in statute.

          2)Expanded the boundaries of the Zone twice:  first in 1983, to  
            include the hiking and equestrian trail connections and  
            accessways following the Rim of the Valley Trail; and, again  
            1989, to include the Santa Clarita Woodlands portion of the  
            Santa Susana Mountains and other minor boundary adjustments.

          3)Required the Conservancy to prepare and adopt a coordinated  
            trail development plan and recreational access program for the  
            Corridor by 1990.  In order to implement the plan, the  
            executive director of the Conservancy was authorized to make  
            minor boundary changes prior to July 31, 1990.

          4)Authorizes the Conservancy to revise the boundary of the  
            Corridor near Placerita Canyon State Park east of State Route  
            14, including Whitney Canyon and its adjacent watersheds if it  
            determines, based on scientific information and land use  
            planning studies, and after holding a public hearing, that  
            such a revision is necessary.

          5)Prohibits any boundary revision in 4) above from affecting  
            Elsmere Canyon or on any decision whether or not to permit  
            Elsmere Canyon as a solid waste facility.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, substantial cost pressures, potentially in the  
          millions of dollars, resulting from expansion of the corridor  
          boundaries to include Elsmere Canyon.  Such an expansion would  
          require an allocation of a portion of the $56 million of  
          Proposition 84 bond proceeds earmarked for the Conservancy for  
          land acquisition or from other state funds.

           COMMENTS  :  According to the author's office, the intent of this  








                                                                  AB 110
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          bill is to add Elsmere Canyon to the Corridor.  The Corridor, a  
          broad planning area encompassing San Fernando and La Crescenta  
          Valleys, was created to facilitate the development of an  
          interconnected system of parks, trails, and wildlife corridors  
          in the Santa Monica, Santa Susana, Sespe, and San Gabriel  
          Mountains.  The backbone of the Corridor is the Rim of the  
          Valley Trail.

          The existing prohibition on the addition of Elsmere Canyon to  
          the Corridor is the product of a decades-long debate about  
          whether to site a landfill in Elsmere Canyon.  In 1989, Los  
          Angeles County identified Elsmere Canyon on planning documents  
          as a potential landfill site.  However, in 2004, the owner of  
          the site, Browning-Ferris Industries (BFI), withdrew its  
          application for a landfill permit.  In March 2007, the company  
          donated 400 acres of Elsmere Canyon for permanent open space to  
          the Mountains Recreation and Conservation Authority, a joint  
          powers authority which includes the Conservancy.  BFI sold the  
          remaining 800 acres of the canyon to a private developer, who,  
          according to the author and the Conservancy is willing to  
          consider requesting the Conservancy to include these acres in  
          the Corridor (including a parcel within the Corridor does not  
          obligate the Conservancy to acquire it).

          It is unclear why the provision of this bill authorizing this  
          private developer to request the Conservancy to include his  
          property in the Corridor is necessary.  Any property owner today  
          could make this request without such authorization.  The  
          author's office has indicated that the intent of this provision  
          is to encourage this private developer to make such a request.   
          However, the author and Conservancy have indicated that the  
          developer is indeed willing to make this request.
           
           
           Analysis Prepared by  :  Dan Chia / NAT. RES. / (916) 319-2092 


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