BILL ANALYSIS �
AB 1922
Page 1
Date of Hearing: April 23, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
AB 1922 (Gomez) - As Amended: March 20, 2014
SUBJECT : Greenway Development and Sustainment Act.
SUMMARY : Establishes the Greenway Development and Sustainment
Act. Specifically, this bill :
1)Defines "greenway" to mean a pedestrian and bicycle,
nonmotorized vehicle transportation, and recreational travel
corridor that meets the following requirements:
a) Is separated and protected from shared roadways,
parallels an urban waterway, and incorporates both ease of
access to adjacent communities and an array of amenities
and services for the users of the corridor and nearby
communities;
b) Is publicly accessible and located on a combination of
public and private lands, if public access to those lands
is provided by lands owned in fee simple, leases, or
easements;
c) Reflects design standards with appropriate widths,
clearances, setbacks from obstructions, and centerlines
protecting directional travel, where appropriate; and,
d) Incorporates appropriate landscaping, lighting, public
amenities, and art.
2)Adds greenways to the list of open space for the preservation
of natural resources that is included in the open-space
element of a county or city general plan.
3)Allows a city, county, city and county, or other local
government entity to designate lands along a river in its
jurisdiction as a greenway, upon approval of its legislative
body by ordinance or resolution, or by incorporating such a
designation into an adopted general plan element or an adopted
river master plan.
4)Allows a city, county, city and county, or other local
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government entity to adopt ordinances or resolutions that
regulate public health and safety or traffic within a
designated greenway in its jurisdiction.
5)Allows a city, county, city and county, or other local
government entity to apply for public or private funding
available for the development of a greenway in its
jurisdiction, and any funds secured for that purpose shall be
used in a manner consistent with applicable state laws, and
specifies that funding that may be secured for the purposes of
this chapter is not limited to parkway, riverway, or other
water-related funds. Allows a city, county, or city and
county to also seek transportation, alternative fuel,
greenhouse gas reduction, or other land use funds, as
specified.
6)Requires a city, county, city and county, or other local
government entity that obtains federal lands access program
funding, as specified, to be given priority with regard to the
provision of state funding for greenway development under this
bill.
7)Adds, to the list of entities or organizations that may
acquire and hold conservation easements, a tax-exempt
nonprofit organization qualified under Section 501 (c)(3) of
the Internal Revenue Code and qualified to do business in this
state that has at its primary purpose the development of a
greenway.
8)Makes a number of findings and declarations about the
importance of open-space land and the development of
greenways.
9)Makes a number of findings and declarations related to the
development of a greenway along the Los Angeles River that
focuses on public-private partnerships aimed at establishing a
continuous pedestrian bikeway along the Los Angeles River and
its key tributaries.
10)Declares that because a greenway is a transportation corridor
that promotes sustainability, it is eligible for alternative
fuels funding, transportation funding, and other
nontraditional river funding.
11)Declares the intent of the Legislature to promote the
development of greenways along rivers in the state through
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public and private partnership, including the development of a
greenway along the Los Angeles River.
EXISTING LAW :
1)Requires that each city and county in California must prepare
a comprehensive, long term general plan to guide its future.
2)Requires a general plan to include seven mandatory elements,
including a land use, circulation, housing, conservation, open
space, noise, and safety.
3)Allows the general plan to include other elements or address
any other subjects which, in the judgment of the legislative
body, relate to the physical development of the county or
city.
4)Requires OPR to adopt and periodically revise guidelines for
the preparation and content of local general plans.
5)Defines "local open-space plan" to mean the open-space element
of a county or city general plan adopted by the board or
council, either as the local open-space plan or as the interim
local open-space plan adopted, as specified.
6)Defines "open-space land" to mean any parcel or area of land
or water that is essentially unimproved and devoted to an
open-space use as defined, and that is designated on a local,
regional or state open-space plan as any of the following:
a) Open space for the preservation of natural resources
including, but not limited to, areas required for the
preservation of plant and animal life, including habitat
for fish and wildlife species; areas required for ecologic
and other scientific study purposes; rivers, streams, bays
and estuaries; and coastal beaches, lakeshores, banks of
rivers and streams, and watershed lands;
b) Open space used for the managed production of resources,
including, but not limited to, forest lands, rangeland,
agricultural lands and areas of economic importance for the
production of food or fiber; areas required for the
recharge of groundwater basins; bays, estuaries, marshes,
rivers and streams which are important for the management
of commercial fisheries; and areas containing major mineral
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deposits, including those in short supply;
c) Open space for outdoor recreation, including, but not
limited to, areas of outstanding scenic, historic and
cultural value; areas particularly suited for park and
recreation purposes, including access to lakeshores,
beaches, and rivers and streams; and areas which serve as
links between major recreation and open-space reservations,
including utility easements, banks of rivers and streams,
trails and scenic highway corridors;
d) Open space for public health and safety, including, but
not limited to, areas which require special management or
regulation because of hazardous or special conditions such
as earthquake fault zones, unstable soil areas, flood
plains, watersheds, areas presenting high fire risks, areas
required for the protection of water quality and water
reservoirs, and areas required for the protection and
enhancement of air quality;
e) Open space in support of the mission of military
installations that comprises areas adjacent to military
installations, military training routes, and underlying
restricted airspace that can provide additional buffer
zones to military activities and complement the resource
value of the military lands; and,
f) Open space for the protection of places, features, and
objects, as specified.
7)Specifies the entities or organizations that may acquire and
hold conservations easements.
8)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, and empowers the District to provide
for the control and conservation
of the flood, storm and other waters of the District.
FISCAL EFFECT : This bill is keyed fiscal.
COMMENTS :
1)Purpose of this bill . This bill establishes the Greenway
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Development and Sustainment Act to promote the development of
greenways along rivers in the state, including the development
of a greenway along the Los Angeles River. The bill defines
the term "greenways" and allows cities and counties to
designate lands along a river in its jurisdiction as a
greenway, upon approval of its legislative body by ordinance
or resolution, or by incorporating such a designation into an
adopted general plan element or an adopted river master plan.
Additionally the bill grants the authority to a city or county
to regulate health and safety or traffic within a designated
greenway in its jurisdiction, via ordinance or resolution,
makes a number of findings and declarations about the
importance of greenways, and allows a qualified non-profit 501
(c)(3) to hold and acquire a conservation easement for the
development of a greenway.
2)Author's statement . According to the author, "AB 1922
empowers local governments to develop greenways within their
jurisdiction. [This bill] would allow them to apply for state
transportation, alternative fuel, greenhouse gas reduction,
and other land use funds. Additionally, this bill would enable
non-profits to obtain a conservation easement if they have the
specific purpose of greenway development. This bill also
ensures that greenways can be included in the local open-space
plan of a general plan. By revitalizing urban waterways with
greenways, we are promoting a higher quality of life that
includes recreational open space and connects neighborhoods
across a community."
3)Los Angeles River . 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 Master
Plan described how economic growth could be spurred along the
river through zoning changes and the development of open space
thus providing recreational, cultural, artistic, educational,
and other opportunities that would "achieve a better river
environment for future generations in the Los Angeles basin."
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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 water quality and flood control while enabling
safe access to the river and restoring a functional river
ecosystem. Both plans contain a list of river projects to be
completed and seek to refocus the surrounding neighborhoods
towards the river to help form a sense of identity, improve
the quality of life, and boost civic pride. Numerous river
projects in all parts of the county have been undertaken since
the plans were produced involving all levels of government and
a variety of private organizations with funding from many
sources, including state and local bond funds. Both plans
continue to inform planning activities.
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 that its designation as a "traditional navigable
waterway" protected under the Clean Water Act would ensure its
future the vitality. 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
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initiative and is now one of seven pilot cities for the Urban
Waters Federal Partnership. In the ceremony announcing the
designation, then-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."
4)Previous legislation . This bill is substantially similar to
AB 735 (Gomez, 2013) which was held in the Assembly
Appropriations Committee. SB 1201 (De Leon), Chapter 212,
Statutes of 2012, required 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.
5)Policy considerations . In Section 4, this bill contains
language that allows a city or county, or other local
government entity to adopt ordinances or resolutions that
regulate public health and safety or traffic within a
designated greenway in its jurisdiction, and allows a city or
county to apply for funding available for the development of a
greenway within its jurisdiction. The Committee may wish to
consider the following:
a) Are there other interests that a city or county may wish
to regulate in a greenway besides public health and safety
or traffic? The bill seems to limit the ability of a local
agency to regulate within those aspects. A city or county
already has the authority to regulate these interests
within their boundaries, so this language is not necessary.
b) What other local government entities is the bill
referencing, in terms of the ability to regulate via
ordinance or resolution? The author may want to state
these other types of local government entities explicitly
so that the intent is clear.
c) What types of funding is the author referencing in this
section?
6)Arguments in support . Supporters argue that this bill
promotes greater coordination in developing open space,
continuous non-motorized corridors, transformative economic
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zones and attractive destinations.
7)Arguments in opposition . None on file.
8)Double-referral . This bill was heard by the Water, Parks and
Wildlife Committee on April 8, 2014, where it passed with a
10-3 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
California Bicycle Coalition
Eric Garcetti, Mayor, City of Los Angeles
Friends of the Sacramento River Parkway
LA River Revitalization Corporation
Save the American River Association
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958