BILL ANALYSIS Ó
SB 1201
Page 1
SENATE THIRD READING
SB 1201 (De León)
As Amended May 29, 2012
Majority vote
SENATE VOTE :25-13
WATER, PARKS & WILDLIFE 9-1
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|Ayes:|Huffman, Bill Berryhill, | | |
| |Blumenfield, Campos, | | |
| |Fong, Gatto, | | |
| |Roger Hernández, Hueso, | | |
| |Yamada | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Beth Gaines | | |
| | | | |
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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 LACFCD, 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
SB 1201
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interfere, or be inconsistent, with the primary use and
purpose of the lands, facilities, and works by the LACFCD.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : Although its concrete lined bed and banks have made
cameo appearances in many famous Hollywood car chase or car race
scenes, it is unlikely that most viewers realized they were
seeing the LA River.
Prior to the Los Angeles Aqueduct bringing imported water from
the Owens Valley, the LA River was the primary water source for
the Los Angeles Basin. But it had a tendency to swing between
the extremes of low flows and floods. After catastrophic
flooding in the 1930s, 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 unpaved.
Recently, environmental groups and park advocates have supported
concrete removal, the restoration of natural vegetation and
wildlife, and a series of parks along the river's city frontage
in Los Angeles.
The federal government has also supported LA River restoration
efforts. In September 2010 the United States Environmental
Protection Agency 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. Also in 2010, the Obama administration identified the LA
River as a priority under the America's Great Outdoors
initiative and made it one of seven pilot cities for the Urban
Waters Federal Partnership. In the ceremony regarding that
partnership, United States Secretary of the Interior Ken Salazar
stated that watersheds like the LA River, which was once known
for pollution and poverty, could 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 (LA Flood Control Act), which
currently outlines the management goals of the LA River. The
author notes this bill expands LA Flood Control Act river
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management policies to include public access and use of the
river for recreation and education but only where such access
would be suitable and not interfere with flood control and water
conservation. Supporters add that since the LA River was
channelized agency policies have generally excluded the public
from river access and use except under a restrictive and
difficult permit process but, despite that, the river is now
witnessing rapidly increasing public interest and 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 that current coordination
policies are inadequate.
Opposing arguments : Opponents argue that the bill amends the LA
Flood Control Act unnecessarily and would cause confusion
regarding the priorities for LACFCD property. Opponents note
that the Act already authorizes recreational uses of LACFCD
property, but also clearly establishes that recreational uses
are secondary to flood control purposes. Those opponents are
concerned recreation could possibly result in diminished
performance of the flood control systems in the county. Other
opponents state recreation is incompatible with the lower LA
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.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096
FN: 0004321