California 2015-2016 Regular Session Status: Enacted

AB 2651 — Greenway easements.

Last action — Chaptered by Secretary of State - Chapter 471, Statutes of 2016.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2016. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The Greenway Development and Sustainment Act applies certain creation and transfer provisions similar to those of conservation 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. The bill would include easements created for the purpose of preserving greenways adjacent to urban waterways as greenway easements. The bill would require greenway easements created for the purpose of developing greenways to be consistent with restoration efforts undertaken at the adjacent urban waterways at the time of the creation of the easement. The Greenway Development and Sustainment Act requires that a greenway reflect specified design standards applicable for each affected local agency as documented in the local agency's applicable planning document. This bill would require that these design standards be consistent with plans and facilities for controlling the floodwater of rivers and their tributaries, as applicable. Because this bill, by revising these terms for purposes of the act and by expanding the definition of a greenway easement, would change the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program. (2) The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a land use element and an open-space element. Existing law includes greenways, as defined in the Greenway Development and Sustainment Act, in the definition of "open-space land" for the purposes of the open-space element. This bill would instead specify that greenways be included in the land use element of a general plan. By revising the contents of the mandatory elements of a general plan, this bill would impose a state-mandated local program. (3) This bill would incorporate additional changes to Section 65302 of the Government Code proposed by SB 974 and SB 1000 that would become effective only if this bill and either or both of those bills are chaptered and become operative on or before January 1, 2017, and this bill is chaptered last. (4) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 471, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 6442.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  6. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 32. Noes 6. Page 5344.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 5. Noes 0.) (August 11).

  11. In committee: Referred to APPR. suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 8). Re-referred to Com. on APPR.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

  14. Referred to Com. on GOV. & F.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4627.)

  17. Read second time. Ordered to Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (April 26).

  19. Re-referred to Com. on W., P., & W.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended.

  21. In committee: Set, second hearing. Hearing canceled at the request of author.

  22. From committee: Be re-referred to Com. on W., P., & W. Re-referred. (Ayes 10. Noes 0.) (April 4). Re-referred to Com. on W., P., & W.

  23. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  24. Re-referred to Com. on W., P., & W.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended.

  26. In committee: Set, first hearing. Hearing canceled at the request of author.

  27. Referred to Coms. on W., P., & W. and L. GOV.

  28. Read first time.

  29. From printer. May be heard in committee March 22.

  30. Introduced. To print.

Sponsors

  • Gomez · Primary
  • Hertzberg · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 2 voted No

Sponsors (1)

  • Gomez

Co-sponsors (1)

  • Hertzberg

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2651 GOMEZ Concurrence - Urgency Added

Passed 74 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 64204
Democratic 5000
Republican 5000
Total 74204
% of votes cast 93%3%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Not Voting
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mathis — Nay
O'Donnell — Yea
Quirk — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Daly — Yea
Gatto — Yea
Alejo — Yea
Chávez — Yea
Olsen — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Hadley — Yea
Holden — Yea
Lopez — Yea
Kim — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Campos — Yea
Atkins — Yea
Melendez — Yea
Mullin — Yea
Chang — Yea
Bigelow — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Frazier — Not Voting
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

3rd Reading AB2651 Gomez By Hertzberg Urgency Clause

Passed 32 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 29601
Democratic 3000
Total 32601
% of votes cast 82%15%0%3%
How each member voted (39)
Member Party Vote
Bates — Nay
Huff — Yea
Leyva — Yea
Wolk — Yea
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Fuller — Not Voting
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Do pass

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Mendoza — Yea
Bates — Not Voting
Beall — Yea
Nielsen — Not Voting
McGuire, Mike Democratic Yea

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Bates — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

AB 2651 GOMEZ Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 66004
Democratic 5000
Republican 5000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Kim — Yea
Linder — Yea
Low — Yea
Maienschein — Yea
O'Donnell — Yea
Rodriguez — Yea
Ting — Yea
Wilk — Yea
Wood — Yea
Eggman — Yea
Gatto — Yea
Alejo — Yea
Burke — Yea
Campos — Yea
Chiu — Yea
Salas — Yea
Chávez — Yea
Bonilla — Yea
Gomez — Yea
Harper — Yea
Holden — Yea
Gray — Yea
Jones-Sawyer — Yea
Lopez — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Obernolte — Yea
Olsen — Yea
Rendon — Yea
Thurmond — Yea
Wagner — Yea
Weber — Yea
Chang — Yea
Atkins — Yea
Chau — Yea
Chu — Yea
Frazier — Yea
Gordon — Yea
Levine — Yea
Mathis — Yea
Quirk — Yea
Ridley-Thomas — Not Voting
Santiago — Yea
Steinorth — Yea
Waldron — Yea
Williams — Not Voting
Hadley — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Do pass. To Consent Calendar.

Passed 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 12002
Republican 0001
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
Mathis — Yea
Eggman — Yea
Lopez — Yea
Salas — Yea
Gomez — Yea
Gordon — Yea
Harper — Not Voting
Bigelow — Yea
Dodd — Yea
Levine — Yea
Medina — Yea
Olsen — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Gallagher, James Republican Not Voting

Be re-referred to the Committee on [Water, Parks, and Wildlife]

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10000
Republican 0001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Brough — Yea
Cooley — Yea
Gomez — Yea
Holden — Yea
Chang — Yea
Lopez — Yea
Mullin — Yea
Quirk — Yea
Waldron — Yea
Gordon — Yea
Jones, Brian W. Republican Not Voting

Subjects

taxation housing environment
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Frequently asked questions

What does AB 2651 do?
(1) The Greenway Development and Sustainment Act applies certain creation and transfer provisions similar to those of conservation 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. The bill would include easements created for the purpose of preserving greenways adjacent to urban waterways as greenway easements. The bill would require greenway easements created for the purpose of developing greenways to be consistent with restoration efforts undertaken at the adjacent urban waterways at the time of the creation of the easement. The Greenway Development and Sustainment Act requires that a greenway reflect specified design standards applicable for each affected local agency as documented in the local agency's applicable planning document. This bill would require that these design standards be consistent with plans and facilities for controlling the floodwater of rivers and their tributaries, as applicable. Because this bill, by revising these terms for purposes of the act and by expanding the definition of a greenway easement, would change the manner in which county assessors assess property for property taxation purposes, this bill would impose a state-mandated local program. (2) The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a land use element and an open-space element. Existing law includes greenways, as defined in the Greenway Development and Sustainment Act, in the definition of "open-space land" for the purposes of the open-space element. This bill would instead specify that greenways be included in the land use element of a general plan. By revising the contents of the mandatory elements of a general plan, this bill would impose a state-mandated local program. (3) This bill would incorporate additional changes to Section 65302 of the Government Code proposed by SB 974 and SB 1000 that would become effective only if this bill and either or both of those bills are chaptered and become operative on or before January 1, 2017, and this bill is chaptered last. (4) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 2651?
AB 2651 is sponsored by Gomez and Hertzberg.
What is the current status of AB 2651?
This bill has been enacted into law. Introduced February 19, 2016. Enacted.
Where can I track AB 2651?
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