BILL ANALYSIS                                                                                                                                                                                                    Ó



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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1251 (Gomez)


          As Amended  September 4, 2015


          Majority vote


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          |ASSEMBLY:  |61-15 |(June 3, 2015) |SENATE: |      |(September 10,   |
          |           |      |               |        |27-13 |2015)            |
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          Original Committee Reference:  W., P., & W.


          SUMMARY:  Enacts the Greenway Development and Sustainment Act.


          The Senate amendments:


          1)Add a new chapter to the Civil Code regarding Greenway  
            Easements, that includes all the following:


             a)   States findings and declarations regarding development  
               of greenways along urban waterways, including that:  


               i)     The restoration of land in its natural, scenic,  
                 forested, recreational, or open-space condition is among  
                 the most important environmental assets in California; 









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               ii)    That greenways have the potential to improve the  
                 quality of life in, and connectivity between, communities  
                 and provide important recreational, open-space, wildlife,  
                 flood management, greenhouse gas reduction, and urban  
                 waterfront revitalization opportunities; and 


               iii)   That it is the policy of the Legislature and in the  
                 best interest of the state to encourage the voluntary  
                 conveyance of greenway easements to qualified nonprofit  
                 organizations.


             b)   Creates a new real property interest known as a greenway  
               easement, defined as an interest in real property  
               voluntarily created and freely transferable in whole or in  
               part, for the purpose of developing greenways adjacent to  
               urban waterways, by any lawful method for the transfer of  
               interests in real property in the state.  Provides that a  
               greenway easement shall be perpetual in duration, shall  
               constitute an interest in real property, and that the  
               particular interests of a greenway easement shall be those  
               granted or specified in the instrument creating or  
               transferring the easement.


             c)   States that a greenway easement means any limitation in  
               a deed, will, or other instrument in the form of an  
               easement, restriction, covenant, or condition that is or  
               has been executed by or on behalf of the owner of the land  
               subject to the easement and is binding upon successive  
               owners of the land, for the purpose of developing greenways  
               adjacent to urban waterways.


             d)   Authorizes only the following entities to acquire and  
               hold a greenway easement:


               i)     A 501(c)(3) tax-exempt nonprofit organization that  
                 has as its primary purpose the preservation, protection,  








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                 or enhancement of land in its natural, scenic,  
                 historical, agricultural, forested, or open-space  
                 condition or use, or the preservation or development of a  
                 greenway.


               ii)    The state or any city, county, of other governmental  
                 entity authorized to acquire and hold title and real  
                 property, provided the greenway easement is voluntarily  
                 conveyed.  Prohibits a local government entity from  
                 conditioning the issuance of an entitlement for use on an  
                 applicant's granting of a greenway easement.


               iii)   A federally recognized California Native American  
                 tribe or a nonfederally recognized California Native  
                 American tribe that is on the contact list maintained by  
                 the Native American Heritage Commission, as specified, if  
                 the greenway easement is voluntarily conveyed.


             e)   Provides that all interests not transferred or conveyed  
               by the instrument creating the greenway easement shall  
               remain in the grantor of the greenway easement, including  
               the right to engage in all uses of the land not affected by  
               the greenway easement nor prohibited by the greenway  
               easement or by law.


             f)   Requires that greenway easement instruments be recorded  
               in the county recorder's office of the county where the  
               land is located.


             g)   Provides that greenway easements shall be enforceable by  
               injunctive relief, and that additionally the holder of a  
               greenway easement shall be entitled to recover money  
               damages for injuries to a greenway easement or interest,  
               and that a court may award attorney's fees to a prevailing  
               party in an action to enforce a greenway easement.










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             h)   Provides that nothing in this new chapter shall be  
               construed to impair or conflict with other laws conferring  
               the right or power to hold interests in land comparable to  
               greenway easements, as specified.


             i)   Provides that a greenway easement is an enforceable  
               restriction for purposes of the Revenue and Taxation Code.


             j)   Defines various terms for purposes of this new chapter  
               on greenway easements.


          2)Add greenways to the definition of open space in the  
            Government Code.


          3)Add recorded greenway easements to the list of enforceable  
            restrictions on land that the tax assessor shall consider in  
            determining the assessable value of lands.


          4)Strike a clause in the findings and declarations that stated  
            cities or counties that develop a greenway may apply for  
            greenhouse gas reduction funds.


          5)Add language to avoid chaptering out issues with AB 668  
            (Gomez) of the current legislative session.


          6)Add coauthors.


          





          EXISTING LAW: 








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          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 a conservation easement as an interest in real  
            property that is perpetual in nature, and is a limitation in a  
            deed, will, or other instrument that is binding upon  
            successive owners of such land, and the purpose of which is to  
            retain land predominantly in its natural, scenic, historical,  
            agricultural, forested, or open-space condition.


          3)Defines an open-space easement as a right or interest in  
            property that is in perpetuity or for a term of years in  
            open-space land acquired by a county, city, or nonprofit  
            organization where the deed or other instrument granting such  
            right or interest imposes restrictions which, through  
            limitation of future use, will effectively preserve for public  
            use or enjoyment the natural or scenic character of such  
            open-space land.  Requires an open-space easement to contain a  
            covenant running with the land, either in perpetuity or for a  
            term of years, that the landowner shall not construct or  
            permit the construction of improvements except as specified.  


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)Unknown costs, at least in the hundreds of thousands of  
            dollars, if not millions, (General Fund) for increased  
            Proposition 98 of 1988 payments needed to replace reduced  
            local property tax revenues used for schools.


          2)Cost pressures, likely in the millions of dollars, to the  
            Greenhouse Gas Reduction fund (special) and various special  








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            funds for alternative fuels for greenway projects.


          COMMENTS:  The author's stated purpose in introducing this bill  
          is to promote greenway development in California.  The Assembly  
          version of this bill added a nonprofit 501(c)(3) organization  
          whose primary purpose is to develop a greenway, to the list of  
          entities authorized to acquire and hold conservation easements.   
          The Assembly version also defined a greenway for these purposes,  
          and added greenways to the types of open space lands that may be  
          included in the open space element of a county or city general  
          plan.  


          In further discussions regarding the goals of greenway  
          development, as this bill moved through the legislative process,  
          it became apparent that the purposes of a greenway easement are  
          similar to but different in several distinct ways from both a  
          conservation easement and an open space easement.  A  
          conservation easement generally is seeking to protect lands in  
          their natural state in perpetuity.  An open-space easement seeks  
          to protect the open-space character of lands but allows for  
          multiple uses on the land, and does not necessarily exist in  
          perpetuity.  A greenway development, particularly of the type  
          envisioned for the Los Angeles River, seeks to restore a  
          disturbed area to its a more natural open-space condition, but  
          also to allow uses such as trails and bike paths, and to improve  
          the quality of life for residents living near the urban waterway  
          by allowing for compatible public access to the greenway once it  
          is restored.  After the investment is made in restoration of the  
          greenway, there is also a desire to protect that investment from  
          future development that would be incompatible with the purposes  
          of the greenway.  In recognition of the specific purposes of a  
          greenway, the Senate amendments create a new chapter on greenway  
          easements, modelled after existing law regarding open space  
          easements.      


          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,  








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          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  
          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 and Wildlife Committee analysis of AB 1922 (Gomez) of  
          2014.


          Analysis Prepared by:                                             
          Diane Colborn / W., P., & W. / (916) 319-2096  FN: 0002245