Existing law establishes various plans and programs intended to preserve, protect, and rehabilitate lands adjacent to rivers in the state. Existing law provides that a conservation easement, as defined, is an interest in real property voluntarily created and freely transferable for specified purposes and provides for the creation and transfer of conservation easements. Existing law authorizes certain tax exempt nonprofit organizations, state or local governmental entities, and California Native American tribes to acquire and hold conservation easements if those entities meet specified criteria.

This bill would enact the Greenway Development and Sustainment Act and would apply to greenway easements certain creation and transfer provisions similar to those of conservation easements. The bill would define greenway as a pedestrian and bicycle, nonmotorized vehicle transportation, and recreational travel corridor that meets specified requirements. The bill would also include greenways in the definition of open-space land for local planning purposes.

The California Constitution provides that, unless otherwise provided in the Constitution or by federal law, all property in the state is taxable and is assessed at its fair market value. Existing law requires the county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions, including recorded conservation easements, to which the use of the land may be subjected.

This bill would provide that a recorded greenway easement constitutes an enforceable restriction for purposes of these tax provisions. By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program.

The bill would make findings with regard to the development of a greenway along the Los Angeles River and its tributaries.

This bill would incorporate additional changes in Section 402.1 of the Revenue and Taxation Code, proposed by AB 668, to be operative only if AB 668 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law establishes various plans and programs intended to preserve, protect, and rehabilitate lands adjacent to rivers in the state. Existing law provides that a conservation easement, as defined, is an interest in real property voluntarily created and freely transferable for specified purposes and provides for the creation and transfer of conservation easements. Existing law authorizes certain tax exempt nonprofit organizations, state or local governmental entities, and California Native American tribes to acquire and hold conservation easements if those entities meet specified criteria.

This bill would enact the Greenway Development and Sustainment Act and would apply to greenway easements certain creation and transfer provisions similar to those of conservation easements. The bill would define greenway as a pedestrian and bicycle, nonmotorized vehicle transportation, and recreational travel corridor that meets specified requirements. The bill would also include greenways in the definition of open-space land for local planning purposes.

The California Constitution provides that, unless otherwise provided in the Constitution or by federal law, all property in the state is taxable and is assessed at its fair market value. Existing law requires the county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions, including recorded conservation easements, to which the use of the land may be subjected.

This bill would provide that a recorded greenway easement constitutes an enforceable restriction for purposes of these tax provisions. By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program.

The bill would make findings with regard to the development of a greenway along the Los Angeles River and its tributaries.

This bill would incorporate additional changes in Section 402.1 of the Revenue and Taxation Code, proposed by AB 668, to be operative only if AB 668 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law establishes various plans and programs intended to preserve, protect, and rehabilitate lands adjacent to rivers in the state. Existing law provides that a conservation easement, as defined, is an interest in real property voluntarily created and freely transferable for specified purposes and provides for the creation and transfer of conservation easements. Existing law authorizes certain tax exempt nonprofit organizations, state or local governmental entities, and California Native American tribes to acquire and hold conservation easements if those entities meet specified criteria.

This bill would enact the Greenway Development and Sustainment Act and would apply to greenway easements certain creation and transfer provisions similar to those of conservation easements. The bill would define greenway as a pedestrian and bicycle, nonmotorized vehicle transportation, and recreational travel corridor that meets specified requirements. The bill would also include greenways in the definition of open-space land for local planning purposes.

The California Constitution provides that, unless otherwise provided in the Constitution or by federal law, all property in the state is taxable and is assessed at its fair market value. Existing law requires the county assessor to consider, when valuing real property for property taxation purposes, the effect of any enforceable restrictions, including recorded conservation easements, to which the use of the land may be subjected.

This bill would provide that a recorded greenway easement constitutes an enforceable restriction for purposes of these tax provisions. By changing the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program.

The bill would make findings with regard to the development of a greenway along the Los Angeles River and its tributaries and would declare that, by developing a greenway, a city, county, or city and county, may apply for funds from various sources. tributaries.

Existing law establishes various plans and programs intended to preserve, protect, and rehabilitate lands adjacent to rivers in the state. Existing law provides that a conservation easement, as defined, is an interest in real property voluntarily created and freely transferable for specified purposes and provides for the creation and transfer of conservation easements. Existing law authorizes certain entities and organizations to acquire and hold conservation easements, including a tax exempt nonprofit organization qualified to do business in this state that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use. organizations, state or local governmental entities, and California Native American tribes to acquire and hold conservation easements if those entities meet specified criteria.

This bill would enact the Greenway Development and Sustainment Act and would authorize those tax-exempt nonprofit organizations to acquire and hold a conservation easement if the organizations have as their primary purpose the development of a greenway, as defined. apply to greenway easements certain creation and transfer provisions similar to those of conservation easements. The bill would define greenway as a pedestrian and bicycle, nonmotorized vehicle transportation, and recreational travel corridor that meets specified requirements. The bill would also include greenways in the definition of open-space land for local planning purposes. The bill would make findings with regard to the development of a greenway along the Los Angeles River and its tributaries and would declare that, by developing a greenway, a city, county, or city and county, may apply for funds from various sources.

Existing law establishes various plans and programs intended to preserve, protect, and rehabilitate lands adjacent to rivers in the state. Existing law authorizes certain entities and organizations to acquire and hold conservation easements, including a tax exempt nonprofit organization qualified to do business in this state that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use.

This bill would enact the Greenway Development and Sustainment Act and would authorize those tax-exempt nonprofit organizations to acquire and hold a conservation easement if the organizations have as their primary purpose the development of a greenway, as defined. The bill would also include greenways in the definition of open-space land for local planning purposes. The bill would make findings with regard to the development of a greenway along the Los Angeles River and its tributaries and would declare that, by developing a greenway, a city, county, or city and county, may apply for funds from various sources.

Existing law establishes various plans and programs intended to preserve, protect, and rehabilitate lands adjacent to rivers in the state. Existing law authorizes certain entities and organizations to acquire and hold conservation easements, including a tax exempt nonprofit organization qualified to do business in this state that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use.

This bill would enact the Greenway Development and Sustainment Act and would authorize those tax-exempt nonprofit organizations to acquire and hold a conservation easement if the organizations have as their primary purpose the development of a greenway, as defined. The bill would also include greenways in the definition of open-space land for local planning purposes.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1251

Author:(Gomez)

As Amended Ver:September 4, 2015

Majority vote

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:

   1. States findings and declarations regarding development of greenways along urban waterways, including that:

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

      2. 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

      3. 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.

   2. 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.

   3. 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.

   4. Authorizes only the following entities to acquire and hold a greenway easement:

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

      2. 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.

      3. 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.

   5. 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.

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

   7. 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.

   8. 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.

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

   10. 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:

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 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, 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

 THIRD READING  

Bill No: AB 1251

Author: Gomez (D), et al.

Amended: 9/4/15 in Senate

Vote: 21

SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 7/1/15

AYES: Hertzberg, Beall, Hernandez, Lara, Pavley

NO VOTE RECORDED: Nguyen, Moorlach

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 61-15, 6/3/15 - See last page for vote

SUBJECT: Greenway Development and Sustainment Act

SOURCE: Author

DIGEST: This bill authorizes certain non-profit organizations, tribes and state and local governments to acquire easements for the purpose of developing greenways along urban waterways.

Senate Floor Amendments of 9/4/15 add double-jointing provisions to avoid chaptering out with AB 668 (Gomez); include provisions for the reimbursement of local governments if the Commission on State Mandates identifies a mandate; and delete intent language that states that a city, county, or city and county that develops a greenway may apply for greenhouse gas reduction funds, alternative fuels funds, or other appropriate land use funds.

ANALYSIS:

Existing law:

1. Requires every city and county to prepare and periodically update a comprehensive, long-range general plan to guide future decisions.

2. Requires the general plan to include seven mandatory elements, including an open space element that defines areas of open space for, among other things, the preservation of natural resources, the managed production of natural resources, outdoor recreation and public health and safety.

3. Authorizes qualified nonprofit organizations, the state or a local government, or a Native American tribe to hold conservation easements for the preservation or protection of land.

4. Defines a conservation easement as an easement, or restriction on land for the purpose of retaining the land predominantly in its “natural, scenic, historical, agricultural, forested, or open-space condition.” Similar land restrictions can also be made for scenic and trail purposes or open-space.

5. Provides that all property is taxable unless explicitly exempted by the Constitution or federal law.

6. Requires an assessor, when assessing land, to consider the effect upon the value of any enforceable restrictions on the uses of the land, including, a recorded conservation, trail, or scenic easement.

This bill:

1. Defines a greenway as a separate path for bikes and pedestrians that must be located within 400 yards of an urban waterway, where access to the property has been granted through some sort of agreement with the property owner, or operator of any facilities on the land. Additionally, a greenway must:

1. Contain landscaping that:

1. "Improves" rivers and streams,

2. Provides flood protection benefits and

3. Incorporates the significance and value of natural, historical and cultural resources as documented in the local agency's applicable planning document;

2. Provide nearby communities with easy access to the path and include features that allow the use of the path; and

3. Meet any design standards for greenways that are set by a relevant local agency's planning documents.

2. Defines an urban waterway to be a creek, stream, or river that crosses developed property, or open space where the relevant local agency’s planning document designates the land as residential, commercial, or industrial.

3. Creates a new type of enforceable restriction on the use of property, called a “greenway easement,” that dedicates the land for the purpose of developing greenways along urban waterways. These greenway easements are permanent (perpetual) provisions placed into a deed, will, or other legal instrument and are binding on successive owners of the land.

4. States those greenway easements are voluntarily-created interests in real property and includes provisions specifying how they are to be recorded and enforced.

5. Allows three types of entities may acquire and hold greenway easements:

1. State and federal agencies.

2. Tribes.

3. Nonprofit organizations created specifically for the purpose of developing greenways.

6. States that local agencies may include greenways in the open space element of their general plans.

7. Requires assessors to consider the effect of greenway easements, (as enforceable restrictions) on the value of property and corrects a cross-reference in the Revenue and Taxation Code.

8. States that if the Commission on State Mandates determines that this bill contains costs mandated by the state, local agencies and school districts shall be reimbursed pursuant to existing statutory procedures for reimbursing state mandates.

9. Finds and declares the importance of greenways, including that:

1. Greenways provide greenhouse gas reduction benefits, and

2. The area along the Los Angeles River and its tributaries are particularly suited for developing a greenway.

Comments

1. Purpose of this bill. 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. AB 1251 promotes the development of greenways by providing government agencies and nonprofit organizations with new tool greenway easements; to ensure that land developed as a greenway stays that way in perpetuity, instead of being converted to other, more intensive uses in the future. It further provides an economic incentive to keep land near urban waterways as a greenway by lowering the property tax bills, of landowners who allow the use of their property for greenways.

2. What’s the problem? AB 1251 creates a new type of easement to encourage the development of greenways. However, it is unclear whether the lack of this tool has hindered the development of greenways up to this point. Local agencies currently have the authority to do land use planning consistent with this bill, and there are other ways of ensuring access to the land necessary for the development of greenways, such as purchasing the land. There may be other, more significant obstacles to the development of greenways, such as funding challenges, that this bill does not address.

Prior Legislation

AB 1251 is substantially similar to AB 1922 (Gomez, 2014), which would have allowed conservation easements to be acquired in order to develop greenways. AB 1922 included nearly identical definitions of greenways and urban waterways and some of the same findings and declarations. AB 1922 was held in the Senate Appropriations Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

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

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

SUPPORT: (Verified 9/4/15)

Amigos de los Rios

California Association of Local Conservation Corps

California League of Conservation Voters

California Trout

Climate Resolve

Los Angeles County Board of Supervisors

Los Angeles Mayor Eric Garcetti

Sierra Club California

OPPOSITION: (Verified 9/4/15)

Central Coast Forestry Association

ASSEMBLY FLOOR: 61-15, 6/3/15

AYES: Achadjian, Alejo, Baker, Bloom, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood, Atkins

NOES: Travis Allen, Bigelow, Brough, Chávez, Beth Gaines, Gallagher, Grove, Harper, Kim, Mathis, Melendez, Olsen, Patterson, Steinorth, Wagner

NO VOTE RECORDED: Bonilla, Chang, Dahle, Mayes

Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119

9/8/15 15:00:03

**** END ****

 THIRD READING  

Bill No: AB 1251

Author: Gomez (D)

Amended: 6/24/15 in Senate

Vote: 21

SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 7/1/15

AYES: Hertzberg, Beall, Hernandez, Lara, Pavley

NO VOTE RECORDED: Nguyen, Moorlach

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 61-15, 6/3/15 - See last page for vote

SUBJECT: Greenway Development and Sustainment Act

SOURCE: Author

DIGEST: This bill authorizes certain non-profit organizations, tribes, and state and local governments to acquire easements for the purpose of developing greenways along urban waterways.

ANALYSIS:

Existing law:

1. Requires every city and county to prepare and periodically update a comprehensive, long-range general plan to guide future decisions.

2. Requires the general plan to include seven mandatory elements, including an open space element that defines areas of open space for, among other things, the preservation of natural resources, the managed production of natural resources, outdoor recreation, and public health and safety.

3. Authorizes qualified nonprofit organizations, the state or a local government, or a Native American tribe to hold conservation easements for the preservation or protection of land.

4. Defines a conservation easement as an easement or restriction on land for the purpose of retaining the land predominantly in its “natural, scenic, historical, agricultural, forested, or open-space condition.” Similar land restrictions can also be made for scenic and trail purposes or open-space.

5. Provides that all property is taxable unless explicitly exempted by the Constitution or federal law.

6. Requires an assessor, when assessing land, to consider the effect upon the value of any enforceable restrictions on the uses of the land, including, a recorded conservation, trail, or scenic easement.

This bill:

1. Defines a greenway as a separate path for bikes and pedestrians that must be located within 400 yards of an urban waterway where access to the property has been granted through some sort of agreement with the property owner or operator of any facilities on the land. Additionally, a greenway must:

1. Contain landscaping that:

1. "Improves" rivers and streams,

2. Provides flood protection benefits, and

3. Incorporates the significance and value of natural, historical, and cultural resources as documented in the local agency's applicable planning document;

2. Provide nearby communities with easy access to the path and include features that allow the use of the path; and

3. Meet any design standards for greenways that are set by a relevant local agency's planning documents.

2. Defines an urban waterway to be a creek, stream, or river that crosses developed property or open space where the relevant local agency’s planning document designates the land as residential, commercial, or industrial.

3. Creates a new type of enforceable restriction on the use of property, called a “greenway easement,” that dedicates the land for the purpose of developing greenways along urban waterways. These greenway easements are permanent (perpetual) provisions placed into a deed, will, or other legal instrument and are binding on successive owners of the land.

4. States that greenway easements are voluntarily-created interests in real property and includes provisions specifying how they are to be recorded and enforced.

5. Allows three types of entities may acquire and hold greenway easements:

1. State and federal agencies.

2. Tribes.

3. Nonprofit organizations created specifically for the purpose of developing greenways.

6. States that local agencies may include greenways in the open space element of their general plans.

7. Requires assessors to consider the effect of greenway easements (as enforceable restrictions) on the value of property and corrects a cross-reference in the Revenue and Taxation Code.

8. Finds and declares the importance of greenways, including that:

1. Greenways provide greenhouse gas reduction benefits;

2. The area along the Los Angeles River and its tributaries are particularly suited for developing a greenway; and

3. Developing a greenway allows a city, county, or city and county to apply for greenhouse gas reduction funds and other sources of funds.

Comments

1. Purpose of this bill. 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. AB 1251 promotes the development of greenways by providing government agencies and nonprofit organizations with a new tool—greenway easements—to ensure that land developed as a greenway stays that way in perpetuity, instead of being converted to other, more intensive uses in the future. It further provides an economic incentive to keep land near urban waterways as a greenway by lowering the property tax bills of landowners who allow the use of their property for greenways.

2. What’s the problem? AB 1251 creates a new type of easement to encourage the development of greenways. However, it is unclear whether the lack of this tool has hindered the development of greenways up to this point. Local agencies currently have the authority to do land use planning consistent with this bill, and there are other ways of ensuring access to the land necessary for the development of greenways, such as purchasing the land. There may be other, more significant obstacles to the development of greenways, such as funding challenges, that this bill does not address.

Prior Legislation

AB 1251 is substantially similar to AB 1922 (Gomez, 2014), which would have allowed conservation easements to be acquired in order to develop greenways. AB 1922 included nearly identical definitions of greenways and urban waterways, and some of the same findings and declarations. AB 1922 was held in the Senate Appropriations Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

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

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

SUPPORT: (Verified 8/28/15)

California League of Conservation Voters

California Trout

Los Angeles County Board of Supervisors

Los Angeles Mayor Eric Garcetti

Sierra Club California

OPPOSITION: (Verified 8/28/15)

Central Coast Forestry Association

ASSEMBLY FLOOR: 61-15, 6/3/15

AYES: Achadjian, Alejo, Baker, Bloom, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood, Atkins

NOES: Travis Allen, Bigelow, Brough, Chávez, Beth Gaines, Gallagher, Grove, Harper, Kim, Mathis, Melendez, Olsen, Patterson, Steinorth, Wagner

NO VOTE RECORDED: Bonilla, Chang, Dahle, Mayes

Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119

8/31/15 12:47:50

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1251 (Gomez) - Greenway Development and Sustainment Act.

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill would allow for the creation of a greenway easement, which must be considered when assessing land values for the purposes of property taxation. This bill would also explicitly allow the open-space element of a general plan to include greenways, as defined.

Fiscal Impact:

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

• Cost pressures, likely in the millions of dollars, to the Greenhouse Gas Reduction fund (special) and various special funds for alternative fuels for 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. The open space plan may include, among other things, open space for the preservation of natural resources, the managed production of natural resources, outdoor recreation, and public health and safety. (GOV §65560)

Existing law defines a conservation easement as an easement or restriction on land for the purpose of retaining the land predominantly in its “natural, scenic, historical, agricultural, forested, or open-space condition.” (CIV §815.1) A conservation easement may be held by qualified nonprofit organizations, the state or a local government, or a Native American tribe. Similar land restrictions can also be made for scenic and trail purposes or open-space.

Existing law requires an assessor, when assessing land, to consider the effect upon the value of any enforceable restrictions on the uses of the land, including, a recorded conservation, trail, or scenic easement.

Proposed Law: This bill would create a “greenway easement” that is perpetual in duration and nearly identical to the terms and restrictions of conservation easements. “Greenway” would be defined as a pedestrian and bicycle, nonmotorized vehicle transportation, and recreational travel corridor that meets specific requirements, such as that it is adjacent to an urban waterway, incorporates the significance and value of natural, historical, and cultural resources, and is publically accessible. The greenway may incorporate appropriate lighting, public amenities, art, and other features that are consistent with the local agency’s planning document. A recorded greenway easement would be required to be considered by an assessor in the assessment of land values.

This bill would explicitly state that a local government’s open-space element in the general plan may include open space for the preservation of greenways as a natural resource.

This bill would make several findings and declarations, including that in regards to the development of a greenway along the Los Angeles River and its tributaries, 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.”

Related Legislation:

AB 1922 (Gomez, 2014) would have expanded the types of nonprofits who can acquire and hold conservation easements, defined greenways as a type of open space for the purpose of an open-space element of a general plan, and would have made various definitions and findings and declarations. AB 1922 was held on suspense in the Senate Appropriations Committee.

Staff Comments:

This bill creates a new type of easement that would reduce a property’s value as a use restriction, and will thereby reduce local property tax revenues. Loss in local property tax revenues have state fiscal implications as the state guarantees minimum levels of school funding under Proposition 98. In essence, loss property tax revenues that would have been used for schools are backfilled by the state on a one-to-one basis. Given that property values around urban waterways can be high, staff believes the statewide costs to compensate local schools for the loss of local property tax revenues as a result of the easements could easily be in the hundreds of thousands of dollars, if not millions.

These would only be new costs to the extent that a greenway easement would not have qualified as a conservation easement. While it is unclear the scenario in which a greenway easement could not also be considered a conservation easements, staff presumes that such a scenario would exist otherwise creating new type of easement would be unnecessary. And creating a new type of easement is one of the main purposes of the bill.

This bill also contains findings and declarations that state that a city or county may apply for alternative fuels funding or greenhouse gas reduction funds, as appropriate. The state has used the Greenhouse Gas Reduction Fund for purposes including sustainable communities and clean transportation. Some of the activities associated with the development of greenways may be eligible for these funds. However, this bill would add cost pressures to fund the other activities that would not otherwise be funded. In regards to the alternative fuels funding, staff is not aware of alternative fuels funding being used for greenways under the existing programs. Therefore, the use of alternative fuel funding for greenways would be an expansion of existing uses and thus places cost pressures on those funds.

This bill contains codified findings and declarations.  In the interest of code clarity and efficiency, staff recommends this bill be amended to place the findings and declarations in an uncodified section of the bill.

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SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Robert M. Hertzberg, Chair

2015 - 2016 Regular

GREENWAY DEVELOPMENT AND SUSTAINMENT ACT

Authorizes nonprofit organizations, government agencies, and tribes to acquire deed restrictions for the purpose of developing greenways along urban rivers.

Background and Existing Law

General Plans and Open Space Elements. 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. Cities and counties may also include optional elements that address other aspects of their communities, such as parks and recreation, public facilities, and economic development.

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.

Conservation Easements. State law authorizes specified non-profit organizations to hold conservation easements for the 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.

Property Taxes and County Assessors. Section One of Article XIII of the California Constitution provides that all property is taxable unless explicitly exempted by the Constitution or federal law. County assessors reappraise property to determine its value whenever it is newly constructed, or when ownership changes. To determine value, the law effectively presumes that a property’s purchase price in the transaction is its full cash or fair market value. However, assessors must also consider enforceable restrictions on the use of the property, such as zoning restrictions and conservation easements, when coming up with a property value. So, assessors estimate the value of the property based on the uses allowed by the enforceable restriction.

Some groups want to expand the mechanisms that governments and nonprofit organizations can use to encourage the development of greenways.

Proposed Law

Assembly Bill 1251 authorizes certain entities to acquire easements for the purpose of developing greenways along urban waterways. The bill defines a greenway as a separate path for bikes and pedestrians that must be located within 400 yards of an urban waterway where access to the property has been granted through some sort of agreement with the property owner or operator of any facilities on the land. Additionally, a greenway must:

• Contain landscaping that (1) "improves" rivers and streams, (2) provides flood protection benefits, and (3) incorporates the significance and value of natural, historical, and cultural resources as documented in the local agency's applicable planning document;

• Provide nearby communities with easy access to the path and include features that allow the use of the path;

• Meet any design standards for greenways that are set by a relevant local agency's planning documents.

AB 1251 further defines an urban waterway to be a creek, stream, or river that crosses developed property or open space where the relevant local agency’s planning document designates the land as residential, commercial, or industrial.

The bill also finds and declares the importance of greenways, including that (1) greenways provide greenhouse gas reduction benefits, (2) the area along the Los Angeles River and its tributaries are particularly suited for developing a greenway, and (3) developing a greenway allows a city, county, or city and county to apply for greenhouse gas reduction funds and other sources of funds.

AB 1251 borrows from the statutory definition of conservation easement to create a new type of enforceable restriction on the use of property, called a “greenway easement,” that dedicates the land for the purpose of developing greenways along urban waterways. These greenway easements are permanent (perpetual) provisions placed into a deed, will, or other legal instrument and are binding on successive owners of the land. The bill says that greenway easements are voluntarily-created interests in real property and includes provisions specifying how they are to be recorded and enforced. It also requires assessors to consider the effect of greenway easements (as enforceable restrictions) on the value of property and corrects a cross reference in the same section of the Revenue and Taxation Code.

Under AB 1251, three types of entities may acquire and hold greenway easements: state and federal agencies, tribes, and nonprofit organizations created specifically for the purpose of developing greenways. The bill allows local agencies include greenways in the open space element of their general plans.

State Revenue Impact

No estimate. 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. AB 1251 promotes the development of greenways by providing government agencies and nonprofit organizations with a new tool—greenway easements—to ensure that land developed as a greenway stays that way in perpetuity, instead of being converted to other, more intensive uses in the future. It further provides an economic incentive to keep land near urban waterways as a greenway by lowering the property tax bills of landowners who allow the use of their property for greenways.

2. What’s the problem? AB 1251 creates a new type of easement to encourage the development of greenways. However, it is unclear whether the lack of this tool has hindered the development of greenways up to this point. Local agencies currently have the authority to do land use planning consistent with this bill, and there are other ways of ensuring access to the land necessary for the development of greenways, such as purchasing the land. There may be other, more significant obstacles to the development of greenways, such as funding challenges, that this bill does not address.

3. Square peg. The open space element in a general plan is typically reserved for protecting undeveloped land, instead of land with improvements on it. Because the bill requires greenways to have transportation or recreational uses—and the amenities to support those uses—there are other general plan elements that better align with the uses of greenways. The Committee may wish to consider amending AB 1251 to allow local agencies to instead consider the development of greenways in other elements of their general plans, such as the circulation element, which must include a plan for multimodal transportation that considers the needs of cyclists and pedestrians.

4. Related legislation. AB 1251 is substantially similar to AB 1922 (Gomez, 2014), which would have allowed conservation easements to be acquired in order to develop greenways. AB 1922 included nearly identical definitions of greenways and urban waterways, and some of the same findings and declarations. AB 1922 passed the Senate Governance and Finance Committee by a vote of 5-2, but was held in the Senate Appropriations Committee.

Assembly Actions

Assembly Water, Parks, and Wildlife Committee: 10-4

Assembly Local Government Committee: 9-0

Assembly Appropriations Committee: 12-4

Assembly Floor: 61-15

Support and Opposition

(6/25/15)

Support: California League of Conservation Voters; California Trout; Los Angeles County Board of Supervisors; Los Angeles Mayor Eric Garcetti; Sierra Club California.

Opposition: Central Coast Forestry Association.

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ASSEMBLY THIRD READING

ATR Bill Id:AB 1251

Author:(Gomez)

As Amended Ver:April 14, 2015

Majority vote

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.

4. States legislative findings and declarations regarding the suitability of the area along the Los Angeles River and its tributaries for development of a greenway, the benefits that a greenway that focuses on public private partnerships aimed at establishing a continuous pedestrian bikeway along the River would provide for job creation, economic development, and community revitalization, and the availability of funding sources for these purposes.

EXISTING LAW:

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: According to the Assembly Appropriations Committee, state cost pressures, potentially in the hundreds of thousands to millions of dollars (Greenhouse Gas Reduction Fund and other special funds) to fund greenways and transportation corridors.

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 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.

This bill is substantially similar to AB 1922 (Gomez) of 2014 which was held in the Senate Appropriations Committee, and AB 735 (Gomez) of 2014, which proposed to create a Greenway Initiative, including development of a greenway along the Los Angeles River. AB 735 was held in Assembly Appropriations Committee.

Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0000594

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1251

Author:(Gomez) – As Amended Ver:April 14, 2015

Urgency: No State Mandated Local Program: No Reimbursable:

SUMMARY:

This bill 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.

4. States that the Legislature finds and declares the following with regard to the development
   of a greenway along the Los Angeles River and its tributaries:

1. The area along the Los Angeles River and its tributaries is particularly suited for the development of a greenway. A Los Angeles River greenway that focuses on public-private partnerships aimed at establishing a continuous pedestrian bikeway along the Los Angeles River and its tributaries would foster job creation, economic development, and community revitalization; and,

2. By developing a greenway that promotes sustainability and acts as a transportation corridor, a city, county, or city and county may apply for alternative fuels funding, greenhouse gas reduction funds, and other land use funds, as appropriate.

FISCAL EFFECT:

State cost pressures, potentially in the hundreds of thousands to millions of dollars (GGRF and other special funds) to fund greenways and transportation corridors.

COMMENTS:

1. Purpose. The author intends this bill to promote the establishment of greenways, including the LA River greenway, to improve the quality of life in communities and provide connectivity between them and important recreational, open space, wildlife, flood management, water quality, air quality, transportation, emergency response, and urban waterfront revitalization opportunities.

2. Background-Los Angeles River. The LA River is 51 miles long, contained entirely within the County of Los Angeles, and passes through 13 cities, including 32 miles that stretch across the City of Los Angeles. The LA River begins in Canoga Park, at the confluence of Bell Creek and the Arroyo Calabasas, and then flows mostly east through the San Fernando Valley where it is joined by several tributaries. In Burbank, it enters and begins skirting Griffith Park, bending sharply southward as it does so. This stretch of the LA River, down to Elysian Park, is called the Glendale Narrows, and contains one of only three stretches of the river with an earthen bottom. After leaving the Glendale Narrows, the river continues southward through downtown Los Angeles until it eventually reaches Long Beach Harbor.

Although planners had envisioned greenbelts interconnecting parklands along the river as early as the 1930s, the more recent interest in the revitalization and promotion of the re-integration of the river and its tributaries into the adjacent neighborhoods began in the mid-to-late 1980s.

In September 2013, the Army Corps, in conjunction with the City of Los Angeles, announced the availability of a Draft Integrated Feasibility Report (Draft IFR) for the Los Angeles River Ecosystem Restoration Study.  The Draft IFR was available for a 45-day public review and comment period from Sept. 20 through Nov. 18, 2013. The study evaluates alternatives for the purpose of restoring 11 miles of the Los Angeles River from approximately Griffith Park to downtown Los Angeles, while maintaining existing levels of flood risk management. The study also evaluates opportunities for passive recreation that is compatible with the restored environment.

3. Previous Legislation. This bill is similar to portions of AB 1922 (Gomez) of 2014 which was held in the Senate Appropriations Committee.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Brian Maienschein, Chair

ABPCA Bill Id:AB 1251

Author:(Gomez) – As Amended Ver:April 14, 2015

SUBJECT: Greenway Development and Sustainment Act.

SUMMARY: Enacts the Greenway Development and Sustainment Act. Specifically, this bill:

1. States that the Legislature finds and declares the following with regard to the development
   of a greenway along the Los Angeles River and its tributaries:

   1. The area along the Los Angeles River and its tributaries is particularly suited for the development of a greenway. A Los Angeles River greenway that focuses on public-private partnerships aimed at establishing a continuous pedestrian bikeway along the Los Angeles River and its tributaries would foster job creation, economic development, and community revitalization; and,

   2. By developing a greenway that promotes sustainability and acts as a transportation corridor, a city, county, or city and county may apply for alternative fuels funding, greenhouse gas reduction funds, and other land use funds, as appropriate.

2. Authorizes a tax-exempt nonprofit organization whose primary purpose is the development of a greenway to acquire and hold conservation easements.

3. Defines, for purposes of the section of law that allows a tax-exempt nonprofit organization, as specified, to acquire and hold conservation easements, the following terms:

   1. "Adjacent" means within 400 yards from the property boundary of an existing urban waterway;

   2. "Greenway" to mean a pedestrian and bicycle, nonmotorized vehicle transportation, and recreational travel corridor that meets the following requirements:

      1. Includes landscaping that improves rivers and streams, provides flood protection benefits, and incorporates the significance and value of natural, historical, and cultural resources, as documented in the local agency's applicable planning document, including, but not limited to, a master plan, a general plan, or a specific plan;

      2. Is separated and protected from shared roadways, is adjacent to an urban waterway, 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;

      3. Is located on public lands or private lands, or a combination of public and private lands, where public access to those lands for greenway purposes has been legally authorized by the fee owner of the land and, if applicable, the operator of any facility or improvement located on the land, through leases, easements, or other agreements entered into by the fee owner and the operator of any affected facility or improvement on the land;

      4. Reflects design standards regarding appropriate widths, clearances, setbacks from obstructions, and centerlines protecting directional travel, and other considerations, as appropriate, that are applicable for each affected local agency, as documented in the local agency's applicable planning document, including, but not limited to, a master plan, a general plan, or specific plan; and,

      5. May incorporate appropriate lighting, public amenities, art, and other features that are consistent with a local agency's planning document, including, but not limited to, a master plan, general plan, or specific plan.

   3. Defines "urban waterway" to mean a creek, stream, or river that crosses (i) developed residential, commercial, or industrial property or (ii) open space where the land use is designated as residential, commercial, or industrial, as referenced in a local agency's planning document, including, but not limited to, a general plan, master plan, or specific general plan.

4. 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:

1. Authorizes a tax-exempt 501 (c)(3) nonprofit organization that has as its primary purpose the preservation, protection, or enhancement of land and its natural, scenic, historical, agricultural, forested, or open-space condition or use, to acquire and hold conservation easements.

2. Requires that each city and county in California must prepare a comprehensive, long-term general plan to guide its future. 

3. Requires a general plan to include seven mandatory elements, including a land use, circulation, housing, conservation, open space, noise, and safety.

4. 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.

5. Requires the Office of Planning and Research (OPR) to adopt and periodically revise guidelines for the preparation and content of local general plans.

6. 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.

7. 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:

   1. 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;

   2. 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 deposits, including those in short supply;

   3. 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;

   4. 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;

   5. 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,

   6. Open space for the protection of places, features, and objects, as specified.

FISCAL EFFECT: None

COMMENTS:

1. Bill Summary. This bill enacts the Greenway Development and Sustainment Act and 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.

This bill is an author-sponsored measure.

2. Author's Statement. According to the author, "AB 1251 empowers local governments to develop greenways within their jurisdiction. [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. Previous Legislation. This bill is similar to portions of AB 1922 (Gomez) of 2014, which was held in the Senate Appropriations Committee.

AB 735 (Gomez) of 2012, which was held in the Assembly Appropriations Committee, proposed to create a Greenway Initiative, including development of a greenway along the Los Angeles River.

4. Arguments in Support. None on file.

5. Arguments in Opposition. The Central Coast Forest Association writes that "this bill is an outright taking of property rights from private landowners. Conservation easements are a tool for reducing property and estate taxes, but they often do not serve the ultimate interest of the health of the land.

6. Double-Referral. This bill was heard in the Water, Parks and Wildlife Committee on
   April 14, 2015, where it passed with a 10-4 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

Central Coast Forest Association

Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958