BILL ANALYSIS Ó AB 1251 Page 1 Date of Hearing: April 14, 2015 ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE Marc Levine, Chair AB 1251 (Gomez) - As Introduced February 27, 2015 SUBJECT: Greenway Development and Sustainment Act SUMMARY: Enacts the Greenway Development and Sustainment Act. Specifically, this bill: 1)Authorizes a tax-exempt nonprofit organization whose primary purpose is the development of a greenway to acquire and hold conservation easements. 2)Defines a greenway for purposes of this section as, among other characteristics, a pedestrian and bicycle, non-motorized vehicle transportation, and recreational travel corridor with specified requirements. 3)Adds greenways, as defined in this bill, to the definition of "open-space" land which can be included in the open space element of a county or city general plan. Identifies the uses of greenways, as a type of open-space land, to include both preservation of natural resources and outdoor recreation. EXISTING LAW: AB 1251 Page 2 1)Authorizes a tax-exempt 501 (c)(3) nonprofit organization that has as its primary purpose the preservation, protection, or enhancement of land it its natural, scenic, historical, agricultural, forested, or open-space condition or use, to acquire and hold conservation easements. 2)Defines "open space land" for local land use planning purposes. FISCAL EFFECT: None; this bill is tagged non-fiscal. COMMENTS: The author's stated purpose in introducing this bill is to promote greenway development in California. This bill clarifies that a nonprofit 501(c)(3) organization whose primary purpose is to develop a greenway, is authorized to acquire and hold conservation easements. This bill also defines a greenway for these purposes. In addition, this bill adds greenways to the types of open space lands that may be included in the open space element of a county or city general plan. The author notes that greenways improve the quality of life in communities by providing connectivity between communities, and important recreational, open space, wildlife, flood management, water quality, air quality, transportation, emergency response, and urban waterfront revitalization opportunities. This bill is focused on promotion of greenways generally throughout the state. As an example of a proposed greenway, there has been significant interest in the potential for development of a Los Angeles River Greenway through public-private partnerships aimed at establishing a continuous pedestrian/bikeway along the Los Angeles River and its key AB 1251 Page 3 tributaries. Supporters of the proposed project highlight the potential for job creation, economic development, and community revitalization that could be fostered by investing in a non-motorized commuter and recreational transit route following the 51 mile Los Angeles River corridor, and connecting existing communities to a network of parks and multi-use trails. For a more detailed discussion and background on the history of the Los Angeles River, and recent efforts to restore the river and revitalize surrounding communities, see the Assembly Water, Parks & Wildlife Committee analysis of AB 1922 (Gomez) of 2014. Prior and Related Legislation: This bill is substantially similar to portions of AB 1922 (Gomez) of 2014 which, in addition to the provisions in this bill, also: included legislative findings and declarations regarding the values of open space lands and greenways, and the particular benefits that would be provided from restoration of a greenway along the Los Angeles River; and stated legislative intent to promote development of greenways along urban rivers including the Los Angeles River. AB 1922 was held in the Senate Appropriations Committee. AB 735 (Gomez) of 2012 proposed to create a Greenway Initiative, including development of a greenway along the Los Angeles River. AB 735 was held in Assembly Appropriations Committee. SB 1201 (De Leon), Chapter 212, Statutes of 2012, amended the Los Angeles County Flood Control Act to include, in the objects and purposes of the Act, to provide for public use of navigable waterways under the Los Angeles County Flood Control District's control that are suitable for recreational and educational purposes, when these purposes are not inconsistent with the use thereof by the district for flood control and water conservation. AB 1251 Page 4 SCR 101 (Pavley), Chapter 106, resolutions of 2012, declared that the Legislature honors and commends 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 Los Angeles River and its San Fernando Valley tributaries. Double-Referral: This bill if approved by this committee is double-referred to Assembly Local Government Committee. REGISTERED SUPPORT / OPPOSITION: Support None on file. Opposition None on file. Analysis Prepared by:Diane Colborn / W., P., & W. / (916) 319-2096 AB 1251 Page 5