BILL ANALYSIS Ó
SB 1201
Page 1
Date of Hearing: June 26, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 1201 (De León) - As Amended: May 29, 2012
SENATE VOTE : 25-13
SUBJECT : Los Angeles River: recreation and education
SUMMARY : Requires the Los Angeles County Flood Control
District (LACFCD) to provide access to navigable waterways under
LACFCD's control, including the Los Angeles River (LA River),
where such access is suitable for education and recreational
purposes and not inconsistent with flood control and water
conservation uses.
EXISTING LAW
1)Creates the LACFCD and empowers it to provide for:
a) The control and conservation of the flood, storm and
other waste waters of the district and to conserve these
waters for beneficial and useful purposes; and,
b) The protection of the harbors, waterways, public
highways and property in the district from flood water or
storm water damage.
2)Authorizes the LAFCD, among other powers, to provide by
agreement with other public agencies or private persons or
entities or otherwise for the recreational use of the lands,
facilities, and works of the district which shall not
interfere, or be inconsistent, with the primary use and
purpose of the lands, facilities, and works by the LACFCD.
FISCAL EFFECT : Unknown. The Senate Appropriations Committee
staff analyzed the fiscal impacts of creating a new entity in
state government, the Los Angeles River Interagency Access
Council (LARIAC), in order to develop and administer public
access and safety policies for the LA River. Subsequently, the
author accepted the Appropriations Committee amendments deleting
the LARIAC from this bill.
COMMENTS : Although its concrete lined bed and banks have made
cameo appearances in many a famous Hollywood car chase or car
race scene, it is unlikely that most viewers realized they were
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seeing a part of a river, the LA River.
Until the Los Angeles Aqueduct brought water from the Owens
Valley, the LA River was the primary water source for the Los
Angeles Basin. But it had a tendency towards extremes, both in
terms of water scarcity and propensity to flood. After
catastrophic flooding in the 1930's, the United States Army
Corps of Engineers began lining most of the LA River with
concrete. Ever since, it has served primarily as a flood
control channel, fed by storm drains, with only a few portions
of the river not completely paved over. More recently
environmental groups and park advocates have supported the
removal of concrete and the restoration of natural vegetation
and wildlife along the LA River. There are also plans for a
series of parks along the river's city frontage in Los Angeles.
In September 2010 the United States Environmental Protection
Agency (USEPA) announced that its designation of the Los Angeles
River as a "traditional navigable waterway," protected under the
Clean Water Act, would ensure the vitality of the river. At the
time, USEPA Administrator Lisa Jackson stated, "We want the LA
River to demonstrate how urban waterways across the country can
serve as assets in building stronger neighborhoods. A clean,
vibrant LA River system can help revitalize struggling
communities, promoting growth and jobs for residents of Los
Angeles."
The LA River was also identified in 2010 as a priority by the
Obama administration under the America's Great Outdoors
initiative and is now one of seven pilot cities for the Urban
Waters Federal Partnership. In the ceremony announcing the
designation, United States Secretary of the Interior Ken Salazar
stated, "Once known for pollution and poverty, these watersheds
can become model urban parks cherished for their trails and
access to river recreation."
Supporting arguments : According to the author, this bill
"promotes open and accessible use of the LA River by amending
the Los Angeles Flood Control Act (which currently outlines the
management goals of the LA River) and expands the river
management policies to include public access and use of the
river for recreation and education. Currently the policies are
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limited to flood control and water conservation." Supporters
add that "since channelization of the river ? agency policies
generally exclude the public from river access and use except
under a restrictive and difficult permit process. In spite of
this, we are now witnessing rapidly increasing public interest
in the ÝLA River] accompanied by a significant increase in
actual use for a number of recreational purposes." Supporter
state that public access to and use of the river is "greatly
complicated by a multiplicity of federal, state and local
agencies with river-related jurisdiction" and current
coordination policies are inadequate.
Opposing arguments : Opponents argue that the bill amends the
Los Angeles Flood Control Act "unnecessarily and would cause
confusion regarding the priorities for LACFCD property. The Act
already authorizes recreational uses of LACFCD property, but
also clearly establishes that recreational uses are secondary to
flood control purposes, possibly resulting in diminished
performance of the flood control systems in the County." Other
opponents state recreation is "incompatible with the lower Los
Angeles River" which "continues to serve primarily as a flood
control channel" and is "unsafe to navigate." Those opponents
suggest the bill be amended to exclude the lower LA River.
REGISTERED SUPPORT / OPPOSITION :
Support
Friends of the Los Angeles River (sponsor)
California League of Conservation Voters
Mountains Recreation and Conservation Authority
Santa Monica Baykeeper
Santa Monica Mountains Conservancy
Opposition
City of Long Beach
Los Angeles County Board of Supervisors
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096