BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1922
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          Date of Hearing:   April 8, 2014

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                                Anthony Rendon, Chair
                    AB 1922 (Gomez) - As Amended:  March 20, 2014
           
          SUBJECT  :   Greenway Development and Sustainment Act

           SUMMARY  :   Defines a greenway as a non-motorized pedestrian,  
          bicycle, and recreational travel corridor that parallels an  
          urban waterway and allows a city, county, or combination of  
          other local governmental entities to designate lands as a  
          greenway and include a greenway in the local open-space element  
          of a county or city general plan.  Allows a nonprofit that has  
          as its primary purpose the development of a greenway, as  
          defined, to acquire and hold conservation easements.   
          Specifically,  this bill  :  

          1)Makes findings that include, but are not limited to,  
            acknowledging that open-space land is necessary for the  
            maintenance and economy of the state as well as providing  
            relief from urban congestion and providing places for  
            relaxation, exercise, community interaction, and appreciation  
            of wildlife species and habitats.

          2)Finds that, among other benefits, greenways are public  
            infrastructure along natural landscape features such as  
            watercourses that, by their linear nature, help to physically  
            and psychologically connect neighborhoods, improve community  
            quality of life, reduce dependence on automobiles, complement  
            and enhance public amenities, attract residents and visitors,  
            and provide services, especially to underserved communities.

          3)Finds that among other attributes, the Los Angeles River (LA  
            River) is a site that is particularly suited for the  
            development of a greenway and states that the intent of the  
            Legislature in enacting the Greenway Development and  
            Sustainment Act is to promote the development of greenways  
            along rivers in the state through public and private  
            partnership, including the development of a greenway along the  
            LA River.

          4)Defines a greenway as, among other characteristics, a  
            pedestrian and bicycle, non-motorized vehicle transportation,  
            and recreational travel corridor that meets specified  








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            requirements including, but not limited to: separation and  
            protection from existing roadways; public accessibility; and,  
            appropriate design standards, including those related to  
            setbacks, centerlines protecting directional travel,  
            landscaping, lighting, public amenities, and art.

          5)Allows that a city, county, or other local government entity  
            may designate lands along a river within its jurisdiction as a  
            greenway by legislative action and seek appropriate public or  
            private funding to develop the greenway within its  
            jurisdiction.  

          6)Adds greenways to the definition of what can be included in  
            the open-space element of a county or city general plan.

          7)Allows a California 501(c)(3) nonprofit that has as its  
            primary purpose greenway development to acquire and hold  
            conservation easements.

          8)Provides that where state funding is provided for greenway  
            development under the Act, priority shall be given to a city,  
            county, or other local government entity that obtains funding  
            under the Federal Land Access Program.
           
           EXISTING LAW  :

          1)Creates the Los Angeles County Flood Control District  
            (District) which encompasses all of Los Angeles County  
            including almost the entire watershed of the LA River, as well  
            as several other rivers.  Empowers the District to provide for  
            the control and conservation of the flood, storm and other  
            waters of the District.
             
          2)Authorizes the District, 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 as long as those  
            activities do not interfere with, or are not inconsistent  
            with, the primary use and purpose of the lands, facilities,  
            and works of the District.

          3)Establishes the Santa Monica Mountains Conservancy (SMMC) and  
            empowers it to:

             a)   Acquire, improve, and manage real property;








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             b)   Award grants or make interest-free loans to cities,  
               counties, resource conservation districts, and recreation  
               and park districts in order to acquire, restore and enhance  
               properties in furtherance of the goals of the SMMC; 
             c)   Conduct a study and implement a program to provide  
               recreational access from downtown Los Angeles and the inner  
               city to the SMMC zone in order to provide recreational  
               opportunities for all income and ethnic groups wishing to  
               enjoy the Santa Monica Mountains. Requires SMMC to  
               cooperate with the National Park Service, the El Pueblo de  
               Los Angeles State Historic Park Advisory Committee, the  
               Department of Parks and Recreation, and the City of Los  
               Angeles in conducting and implementing the program.

          4)Establishes the San Gabriel and Lower Los Angeles Rivers and  
            Mountains Conservancy (RMC) and empowers the RMC to:  

             a)   Acquire and manage public lands within the Lower Los  
               Angeles River and San Gabriel River watersheds;
             b)   Provide open-space, low-impact recreational and  
               educational uses, water conservation, watershed  
               improvement, wildlife and habitat restoration and  
               protection, and watershed improvement within the territory;  
               and,
             c)   Preserve the San Gabriel River and the Lower Los Angeles  
               River consistent with existing and adopted river and flood  
               control projects for the protection of life and property.

           FISCAL EFFECT  :   Unknown

           COMMENTS:    Many people outside of Los Angeles might not realize  
          that the wide concrete channel featured in many films,  
          television series, and music videos is actually the LA River.  
          For much of the year the river is a trickle and the culvert is  
          dry, which makes it a convenient set location to stage races,  
          car chases, and gang rumbles.

          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 (Army Corps) 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  








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          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. 

          The LA River is 51 miles long, contained entirely within the  
          County of Los Angeles, and passes through 13 cities, including  
          32 miles that stretch across the City of Los Angeles.  The LA  
          River begins in Canoga Park, at the confluence of Bell Creek and  
          the Arroyo Calabasas, and then flows mostly east through the San  
          Fernando Valley where it is joined by several tributaries.  In  
          Burbank, it enters and begins skirting Griffith Park, bending  
          sharply southward as it does so.  This stretch of the LA River,  
          down to Elysian Park, is called the Glendale Narrows, and  
          contains one of only three stretches of the river with an  
          earthen bottom.  After leaving the Glendale Narrows, the river  
          continues southward through downtown Los Angeles until it  
          eventually reaches Long Beach Harbor.  

          Although planners had envisioned greenbelts interconnecting  
          parklands along the river as early as the 1930s, the more recent  
          interest in the revitalization and promotion of the  
          re-integration of the river and its tributaries into the  
          adjacent neighborhoods began in the mid-to-late 1980s.  There  
          was growing recognition that compared to other large American  
          cities Los Angeles has relatively fewer parks, particularly in  
          under-represented communities.  

          In the early 1990s, the County of Los Angeles began a process  
          that, after considerable input from stakeholders and community  
          outreach, resulted in the Los Angeles River Master Plan (Master  
          Plan) in 1996.  The Master Plan vision includes four core  
          principles: revitalizing the river's ecological and hydrological  
          functions while maintaining its flood control requirements;  
          creating a green ribbon through the City with green strands  
          extending the river's influence into adjacent neighborhoods;  
          capturing opportunities to benefit neighboring communities; and,  
          creating value by improving the quality of life.  

          The Los Angeles City Council established its own ad hoc  
          committee on the river in 2002 and the City's Los Angeles River  
          Revitalization Master Plan (Revitalization Master Plan) was  
          released in 2007.  Continuing the long-term goals of the county  
          master plan, the Revitalization Master Plan also promoted the  
          river as a multi-benefit solution to addressing and enhancing  








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          water quality and flood control while enabling safe access to  
          the river and restoring a functional river ecosystem. An  
          important element of the Revitalization Master Plan was the  
          development of a three-tiered governance structure.  The Los  
          Angeles River Cooperation Committee (Committee) is a joint  
          working group comprised of the District and the City of Los  
          Angeles, in conjunction with the Army Corps, which meets to  
          coordinate and evaluate projects along the upper reach of the LA  
          River. The Committee, established in 2009, is charged with  
          reviewing and recommending projects within the city.  The Los  
          Angeles River Revitalization Corporation (LA River Corp.) is an  
          entrepreneurial private nonprofit helping to implement the  
          Revitalization Master Plan through land development and project  
          management.  Finally, the Los Angeles River Foundation is an  
          independent, nonprofit fundraising arm.  

          In September 2010, the LA River gained greater recognition when  
          the United States Environmental Protection Agency (USEPA)  
          announced its designation as a "traditional navigable waterway"  
          protected under the Clean Water Act. 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.  On  
          March 10, 2014 Secretary of the Interior Sally Jewell and Los  
          Angeles Mayor Eric Garcetti announced that Los Angeles was also  
          selected as one of eight pilot cities under the federal Urban  
          Wildlife Refuge Initiative which seeks to connect urban youth  
          with the great outdoors. 


          September 2013 the Army Corps, in conjunction with the City of  
          Los Angeles, announced the availability of a Draft Integrated  
          Feasibility Report (Draft IFR) for the Los Angeles River  
          Ecosystem Restoration Study.  The Draft IFR was available for a  
          45-day public review and comment period from Sept. 20 through  
          Nov. 18, 2013.  The study evaluates alternatives for the purpose  
          of restoring 11 miles of the Los Angeles River from  
          approximately Griffith Park to downtown Los Angeles, while  
          maintaining existing levels of flood risk management. The study  
          also evaluates opportunities for passive recreation that is  
          compatible with the restored environment.  The study is still  
          currently under review by the Army Corps.

           Prior Legislation  :  AB 735 (Gomez/2013) was a previous attempt  
          to create a Greenway Initiative, including for the development  








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          of a greenway along the LA River.  AB 735 was held in the  
          Assembly Appropriations Committee.  SB 1201 (De Le�n/2012)  
          amended the Los Angeles Flood Control Act in order to provide  
          for the public use of navigable waterways under the 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/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, organizations, and associations, in the creation  
          of parks and the restoration of natural habitats along the LA  
          River and its San Fernando Valley tributaries. 

           Supporting Arguments  :  The author states that this bill will  
          take necessary steps towards greenway development in California  
          by both defining greenways and ensuring those projects are  
          eligible for the FLAP program funds which, among other uses,  
          provide funds for continuous transportation corridors. In  
          addition, the author states out this bill will allow non-profit  
          organizations to obtain conservation easements to facilitate  
          greenway projects.  The author advises that greenways can  
          improve the quality of life in communities by providing  
          connectivity between them and important recreational, open  
          space, wildlife, flood management, water quality, air quality,  
          transportation, emergency response, and urban waterfront  
          revitalization opportunities.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Tina Cannon Leahy / W., P. & W. / (916)  
          319-2096