California Assembly Bill AB2651 Amended / Bill

 BILL NUMBER: AB 2651AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 20, 2016 AMENDED IN ASSEMBLY MARCH 29, 2016 INTRODUCED BY Assembly Member Gomez FEBRUARY 19, 2016 An act to  add Chapter 10.5 (commencing with Section 5845) to Division 5 of the Public Resources Code,   amend Section 816.52 of the Civil Code,  relating to  greenways, and making an appropriation therefor.   greenways.  LEGISLATIVE COUNSEL'S DIGEST AB 2651, as amended, Gomez.  Urban Water and Transportation Environmental Revitalization Grant Program.   Greenway easements: amenities.   The Greenway Development and Sustainment Act applies certain creation and transfer provisions similar to those of conversation easements to greenway easements. The act defines various terms for purposes of the act, including "greenway," to mean certain types of travel corridors that, among other requirements, incorporate an array of amenities for users of the corridor and nearby communities, and "greenway easement," to mean a limitation in a deed, will, or other instrument for the purpose of developing greenways adjacent to urban waterways. The act provides that a recorded greenway easement constitutes an enforceable restriction for purposes of certain property tax provisions.   This bill would instead require a greenway to incorporate an array of amenities only within an urbanized area, as defined.   Existing law establishes various plans and programs intended to preserve, protect, and rehabilitate lands adjacent to rivers in the state.   This bill would require the Natural Resources Agency to establish and administer a grant program, known as the Urban Water and Transportation Environmental Revitalization Grant Program. The bill would require the program to provide grants for projects that develop greenways in areas that are adjacent to an urban creek in certain areas, and would require an entity that receives a grant under the program to provide a matching cost share. The bill would appropriate $500,000,000 from the General Fund to the agency for purposes of the program and would prohibit more than 5% of these moneys from being used for administrative costs of the program.  Vote:  2/3   majority  . Appropriation:  yes   no  . Fiscal committee:  yes   no  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 816.52 of the   Civil Code   is amended to read:  816.52. For purposes of this chapter, the following definitions apply: (a) (1) "Adjacent" means within 400 yards from the property boundary of an existing urban waterway. (2) This subdivision does not create a new authority to place or extend an easement on private property that is not part of a voluntary agreement. (b) "Greenway" means 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  within an urbanized area  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, or legally obtained from, 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, general plan, or specific plan. (5) May incorporate appropriate lighting, public  amenities,   amenities within an urbanized area,  art, and other features that are consistent with a local agency's planning document, including, but not limited to, a general plan, master plan, or specific plan. (c) "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 that land, for the purpose of developing greenways adjacent to urban waterways. (d) "Local agency" means a city, county, or city and county.  (e) "Urbanized area" has the same meaning as set forth in Section 21071 of the Public Resources Code.   (e)   (f)  "Urban waterway" means a creek, stream, or river that crosses (1) developed residential, commercial, or industrial property or (2) 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.  SECTION 1.  Chapter 10.5 (commencing with Section 5845) is added to Division 5 of the Public Resources Code, to read: CHAPTER 10.5. URBAN WATER AND TRANSPORTATION ENVIRONMENTAL REVITALIZATION GRANT PROGRAM 5845. (a) The Natural Resources Agency shall establish and administer a grant program, to be known as the Urban Water and Transportation Environmental Revitalization Grant Program. The program shall provide grants for projects that develop greenways, as defined in Section 816.52 of the Civil Code, in areas that are adjacent to an urban creek, as defined in subdivision (e) of Section 7048 of the Water Code, and its tributaries, and that are within the areas described in Division 22.8 (commencing with Section 32600) and Division 23 (commencing with Section 33000). (b) An entity that receives a grant pursuant to this chapter shall be required to provide a matching cost share.   SEC. 2.   The sum of five hundred million dollars ($500,000,000) is hereby appropriated from the General Fund to the Natural Resources Agency for purposes of Section 1 of this act. No more than 5 percent of these moneys shall be used for administrative costs of the grant program.