BILL ANALYSIS                                                                                                                                                                                                    �




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  AB 1922                     HEARING:  6/25/14
          AUTHOR:  Gomez                        FISCAL:  Yes
          VERSION:  6/18/14                     TAX LEVY:  No
          CONSULTANT:  Ewing                    

                    GREENWAY DEVELOPMENT AND SUSTAINMENT ACT
          

          Defines Greenways as non-motorized transportation corridors  
          along urban waterways and promotes their inclusion on local  
          open space planning.


                           Background and Existing Law  

          Each city and county is required to prepare and  
          periodically update a comprehensive, long-range, general  
          plan to guide future decisions.  That plan must address  
          each of seven elements, including land use, circulation,  
          housing, conservation, open space, noise, and safety  
          elements.  

          Local open space plans may include unimproved land or water  
          that is devoted to open space for any of the following:

                 The preservation of natural resources.
                 The managed production of resources, including but  
               not limited to, forest lands, rangeland, agricultural  
               lands and other areas of economic importance.
                 Areas for outdoor recreation, such as areas of  
               outstanding scenic, historic and cultural value.
                 Areas for the protection of public health and  
               safety, such as, areas requiring special management  
               because of hazardous or other special conditions. 
                 Areas for the support of the mission of military  
               installations that comprises areas adjacent to  
               military installations, military training routes, and  
               underlying restricted airspace.
                 Areas for the protection of places, features, and  
               objects relating to Native American artifacts or  
               heritage.  

          State law additionally authorizes specified non-profit  
          organizations to hold conservation easements for the  




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          preservation or protection of land.  Conservation easements  
          are provisions placed into a deed, will, or other legal  
          instrument that binds current and future successive owners  
          for the purpose of retaining land predominantly in its  
          natural, scenic, historical, agricultural, forested, or  
          open-space condition.
                                   Proposed Law  

          Assembly Bill 1922 establishes the statutory definition of  
          a greenway as:

                 A pedestrian and bicycle, non-motorized vehicle  
               transportation, and recreational travel corridor that  
               is adjacent to an urban waterway that includes  
               landscaping that improves rivers and streams, provides  
               flood protection benefits, and incorporates the  
               significance and value of natural, historical, and  
               cultural resources.
                 Has appropriate setbacks from shared roadways, and  
               incorporates both ease of access to nearby communities  
               and an array of amenities and services for the users  
               of the corridor and nearby communities.
                 Is located on public lands and/or private lands  
               with legally authorized access. 
                 May incorporate appropriate lighting, public  
               amenities, art, and other features.
                 Is consistent with affected local agencies'  
               planning decisions and documents, including, but not  
               limited to, a general plan, master plan, or other  
               specific plan.

          AB 1922 authorizes a non-profit formed for the purpose of  
          promoting the development of a greenway to hold  
          conservation easements.  The bill authorizes local  
          agencies, as part of the open space elements of its general  
          plan, to include one or more greenways in its planning  
          documents and decisions.

          AB 1922 includes findings and declarations on the  
          importance of open-space land to California's communities  
          and the economy and the value of greenways to enhance  
          quality of life, economic growth and investment.  

          Declares that the Los Angeles River and its tributaries are  
          particularly suited for greenway development, encourages  
          the development of a greenway along the length of the Los  





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          Angeles River and encourages local agencies with land use  
          authority along the river to apply for funds to develop a  
          greenway along the river.  

          States that it is the intent of the Legislature to promote  
          the development of greenways along urban rivers in the  
          state, though public and private partnerships, including  
          the development of a greenway along the Los Angeles River  
          and its tributaries. 


                               State Revenue Impact
           
          No estimate. 


                                     Comments  

          1.   Purpose of the bill  .  Assembly Bill 1922 promotes the  
          development of greenways as non-motorized, pedestrian and  
          bicycle transit corridors along the boundaries of waterways  
          that pass through or near urban areas.  The bill recognizes  
          that the Los Angeles River is an ideal candidate for the  
          development of a greenway.  Greenways can promote economic  
          development, environmental conservation, public health, and  
          the overall quality of life by enhancing the ability of  
          residents to connect with natural spaces near and along  
          urban waterways.  The bill provides local agencies with  
          additional tools to establish greenways, including the use  
          of conservation easements, to the extent they are  
          consistent with local planning decisions as reflected in a  
          general plan, open space plan or other local agency  
          decision-making process.

          2.   Necessary  ?  Assembly Bill 1922 promotes the development  
          of greenways along urban waterways throughout the state,  
          without providing the needed funding or other tools to  
          expand the use of this strategy to capture community  
          benefit.  Local agencies currently have the authority to do  
          land use planning, consistent with this bill.  The  
          Committee may wish to consider whether AB 1922 is  
          necessary. 


                                 Assembly Actions  






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          Assembly Local Government Committee8-1
          Assembly Appropriations        13-4
          Assembly Floor                58-17


                         Support and Opposition  (6/19/14)

           Support  :  California Bicycle Coalition; City of Los  
          Angeles; Friends of the Sacramento River Parkway; Bennett  
          Kayser, Board Member, Los Angeles Unified School District;  
          LA River Revitalization Corporation; Mountains Recreation  
          and Conservation Authority; The Nature Conservancy; Santa  
          Monica Mountains Conservancy; Save the American River  
          Association.

           Opposition  :  Unknown.