BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB1922 (Gomez) - Greenway Development and Sustainment Act.
          
          Amended: June 18, 2014          Policy Vote: G&F 5-2
          Urgency: No                     Mandate: No
          Hearing Date: August 4, 2014                      Consultant:  
          Marie Liu     
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB 1922 would expand the types of nonprofits who  
          can acquire and hold conservation easements, define greenways as  
          a type of open space for the purpose of an open-space element of  
          a general plan, and would make various definitions and findings  
          and declarations.

          Fiscal Impact: Cost pressures, likely in the millions of  
          dollars, to the Greenhouse Gas Reduction fund (special) and  
          various special funds for alternative fuels for funding greenway  
          projects.

          Background: Each city and county is required under existing law  
          to prepare and periodically update a comprehensive, long- range,  
          general plan to guide future decisions. One of the seven  
          required elements is regarding open space.

          Existing law authorizes specified non-profit organizations to  
          hold conservation easements for the preservation or protection  
          of land.

          Proposed Law: AB 1922 would allow a nonprofit whose primary  
          purpose is the development of a greenway to acquire and hold  
          conservation easements.

          This bill would define greenways as open space for the  
          preservation of natural resources and for outdoor recreation as  
          part of definition of "open-space land" for the purpose of an  
          open-space element of a county or city general plan.

          This bill would create the Greenway Development and Sustainment  
          Act which would create definitions for "adjacent," "greenway,"  
          and "urban waterway."








          AB 1922 (Gomez)
          Page 1



          This bill would make a number of findings and declarations  
          regarding greenways and open space, including, among other  
          things, specific findings about the development of a greenway  
          along the Los Angeles River and its tributaries. Specifically,  
          among the findings are the following statements: 
           A LA River greenway that focuses on public-private  
            partnerships aimed at establishing a continuous pedestrian  
            bikeway would foster job creation, economic development and  
            community vitalization. 
           Developing a greenway that promotes sustainability and acts as  
            a transportation corridor, a city or county may apply for  
            alternative fuels funding, greenhouse gas reduction funds, and  
            other land use funds, as appropriate. 
           The state should take advantage of private sector investments  
            to sustain public infrastructure at all levels. 
           A greenway should be established in the area encompassing the  
            LA River from its headwaters in Canoga Park to the point of  
            discharge at San Pedro Bay in Long Beach, with a width of  
            one-quarter to one mile on both banks and at least one mile  
            upstream long both banks of its tributaries, as feasible.
           It is the intent of the Legislature to promote the development  
            of greenways along urban rivers in the state through public  
            and private partnerships, including the LA River.

          Staff Comments: This bill does not require any actions of any  
          state or local agency. However, the bill contains findings and  
          declarations suggesting that state funding should be provided  
          for specific activities. Specifically Section 1(b)(6) that  
          states that a city or county "may apply for alternative fuels  
          funding, greenhouse gas reduction funds, and other land use  
          funds, as appropriate" if it develops a greenway that acts as a  
          transportation corridor. As part of the approved 2014-15 Budget,  
          $832 million from the Greenhouse Gas Reduction Fund was  
          allocated for specified purposes including $630 for sustainable  
          communities and clean transportation. Some of the activities  
          associated with the development of greenways may already be  
          eligible for the funding provided in the budget. However, this  
          bill would add cost pressures to fund the other activities that  
          would not otherwise be funded. 

          The state has various funds related to alternative fuels. Staff  
          is not aware of alternative fuels funding being used for  
          greenways under the existing programs. Therefore, the use of  








          AB 1922 (Gomez)
          Page 2


          alternative fuel funding for greenways would be an expansion of  
          existing uses and thus places cost pressures on those funds. 

          Staff notes that the bill makes several definitions within the  
          Public Resources Code which are never utilized or only utilized  
          in the Civil Code. Staff recommends either deleting the  
          definitions or moving them to the appropriate code section where  
          term is used.