Senate Bill No. 630

Introduced by Senators Pavley and Steinberg

February 22, 2013

An act to amend Sections 67025, 67049, 67070, 67101, and 67120 of, to repeal Sections 67061, 67103.1, 67109, and 67125 of, and to repeal and add Section 67041 of, the Government Code, relating to the California Tahoe Regional Planning Agency.

LEGISLATIVE COUNSEL’S DIGEST

SB 630, as introduced, Pavley. California Tahoe Regional Planning Agency.

Existing law ratified the “Tahoe Regional Planning Compact,” a bilateral agreement between the States of Nevada and California to regulate development in the Lake Tahoe basin. The compact established the Tahoe Regional Planning Agency as a separate legal entity, comprised of members from Nevada and California, responsible for implementing a “regional plan,” as defined, regulating development in the Lake Tahoe region, as defined.

Existing law also creates the California Tahoe Regional Planning Agency as a separate legal entity and as a political subdivision of the State of California, and prescribes the membership, functions, and duties of the agency, as specified. Existing law requires the agency, within 18 months of its formation, to prepare, adopt, and review and maintain a comprehensive long-term general plan for the development of the Tahoe region, referred to as the “regional plan,” except that when the Tahoe Regional Planning Compact becomes effective, the time for preparation of the regional plan is required to be extended so that it coincides with the date upon which the agency must submit its plan. Existing law also requires the agency to adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional and interim regional plans. For purposes of those provisions, the “interim plan” is defined to mean the interim regional plan adopted pending the adoption of the regional plan.

This bill would, for purposes of those provisions, define the “interim regional plan” to mean the interim regional plan adopted by the Tahoe Regional Planning Agency on December 12, 2012. The bill would revise the membership of the governing body of the agency to eliminate the existing 5 members of the governing body, and prescribe requirements for the appointment of a new 9-member governing board. The bill would also revise the composition of a technical advisory committee required to be appointed by the agency, and would request the participation of a representative of the governing board of the Nevada Tahoe Regional Planning Agency. The bill would eliminate a provision authorizing the governing body of the agency to contract with the Tahoe Regional Planning Agency for services.

This bill would delete the requirement that the agency, within 18 months of its formation, prepare, adopt, and review and maintain a comprehensive long-term general plan for the development of the Tahoe region, and would instead require the agency to implement the interim plan adopted by the Tahoe Regional Planning Agency on December 12, 2012, in accordance with prescribed requirements. The bill would revise certain other of the agency’s powers and responsibilities with regard to the review and approval of projects for the development of the Tahoe region, as prescribed.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Since 1980, the States of Nevada and California have
cooperated in protecting Lake Tahoe’s exceptional natural
resources by having a single entity, the Tahoe Regional Planning
Agency (TRPA), be responsible for regulating development in the
Tahoe Basin. The states and Congress created the Tahoe Regional
Planning Agency through the Tahoe Regional Planning Compact,
as prescribed in Title 7.4 (commencing with Section 66800) of the
Government Code. It is the intent of the Legislature to maintain
that cooperation by having a single entity continue to regulate
development in the Tahoe Basin. A single entity will continue to
enhance the efficiency and governmental effectiveness of the
region, and thereby help to maintain the social and economic health
of the region by protecting, preserving, and enhancing the region’s
unique environmental and ecological values.

(b) In 2011, the Nevada Legislature enacted Senate Bill 271
(Chapter 530 of the Statutes of 2011). That legislation potentially
requires Nevada to withdraw from the Tahoe Regional Planning
Compact in 2015, unless the TRPA adopts an Updated Regional
Plan and the bistate compact is amended to reduce its protection
of Lake Tahoe’s resources. During 2012, California and Nevada
engaged in a formal bistate consultation process, which led to
TRPA’s adoption of an Updated Regional Plan on December 12,
2012. The California Legislature is hopeful that through a
successful, cooperative process, and the TRPA’s adoption of the
Updated Regional Plan, will lead to the repeal of Senate Bill 271.

(c) Nevada Senate Bill 271 includes a provision that if Nevada
withdraws from the bistate compact, development on the Nevada
side of the Tahoe Basin will be overseen by the Nevada Tahoe
Regional Planning Agency. However, California does not have an
active entity that will oversee development on the California side
of the Tahoe Basin in the event that Nevada withdraws from the
bistate compact. The California Legislature, therefore, must make
contingency plans to protect California’s important interests in the
Tahoe Basin in the event that Nevada withdraws from the bistate
Tahoe compact. The contingency plan established in this legislation
is not intended to take effect if Nevada repeals Senate Bill 271 in
its 2013 legislative session. Action in 2013 by Nevada is essential
because its Legislature does not meet in 2014 and, by operation
of Nevada law, that state may exercise its prerogative to withdraw
from the compact in 2015. For California to have due time to
protect its many interests in the Tahoe basin, the state will need
to have a contingency plan in place prior to the dissolution of the
bistate compact, as contemplated by Senate Bill 271.

SEC. 2.  

Section 67025 of the Government Code is amended
to read:

67025.  

“Interim plan” shall mean the interim regional plan
adopted pending the adoption of the regional plan. begin insert For purposes
of this article, the interim regional plan shall be the regional plan
adopted by the Tahoe Regional Planning Agency on December
12, 2012, as the plan is required to be modified by Section 67070. end insert

SEC. 3.  

Section 67041 of the Government Code is repealed.

begin delete

67041.  

The governing body of the agency shall be constituted
as follows:

(a) One member appointed by the Board of Supervisors of the
Counties of El Dorado and Placer, and one member appointed by
the City Council of the City of South Lake Tahoe. Each of the
members of the governing board shall be a member of the city
council, or county board of supervisors he represents, and, in the
case of a supervisor shall be a resident of a county supervisorial
district lying wholly or partly within the region.

(b) Two members appointed by the Governor of California
subject to Senate confirmation, who shall not be residents of the
basin and shall represent the public at large. One of such members
shall be chosen from among residents of the 10 southernmost
counties in the state and one from among the residents of the
remaining counties.

(c) One member appointed by the six other members appointed
pursuant to this section. The member so appointed shall serve as
the permanent chairman of the agency and shall serve at the
pleasure of the other members. In the event such membership
becomes vacant and the vacancy is not filled by the other members
within 30 days, the vacancy shall be filled by appointment of the
Governor.

(d) The Secretary of the California Resources Agency or his
designee.

end delete

SEC. 4.  

Section 67041 is added to the Government Code, to
read:

67041.  

The governing body of the agency shall contain the
following nine members:

(a) One member appointed by the Governor who shall be an
member of the Board of Supervisors of the County of El Dorado
or the Board of Supervisors of the County of Placer, and one
member appointed by the Governor who shall be an elected
member of the city council of the City of South Lake Tahoe. Both
of these appointees are subject to Senate confirmation.

(b) Three members appointed by the Governor who have a
demonstrated interest and appreciation for the natural beauty and
economic productivity of the Lake Tahoe Region who shall
represent the public at large and the geographic diversity of
California. All of these appointees are subject to Senate
confirmation.

(c) Two members appointed by the Senate Committee on Rules.

(d) Two members appointed by the Speaker of the California
Assembly.

SEC. 5.  

Section 67049 of the Government Code is amended
to read:

67049.  

A technical advisory committee shall be appointed by
the agency. The committee shall include begin insert , end insert but shall not be limited
to begin insert , the following end insert : begin insert the executive officer of the Tahoe Conservancy,
the executive officer of the State Lands Commission, end insert the chief
planning officers of Placer County, El Dorado County, and the
City of South Lake Tahoe, begin delete the Placer County Director of Sanitation,
the El Dorado County Director of Sanitation, end delete begin insert the end insert executive officer
of the Lahontan Regional Water Quality Control Board or his
designee, and the executive officer of the California Tahoe
Regional Planning Agency who shall act as chairman. begin insert The agency
shall request the participation of a representative of the governing
board of the Nevada Tahoe Regional Planning Agency who is
chosen by that body. end insert

SEC. 6.  

Section 67061 of the Government Code is repealed.

begin delete

67061.  

The governing body may contract with the Tahoe
Regional Planning Agency for the services of such staff of the
Tahoe Regional Planning Agency as may be needed to execute
the powers, functions, and duties of the agency provided for under
this act or in accordance with any intergovernmental contract or
agreement.

end delete

SEC. 7.  

Section 67070 of the Government Code is amended
to read:

begin delete

67070.  

(a) Within 18 months after the formation of the agency,
the agency shall prepare, adopt and review and maintain a
comprehensive long-term general plan for the development of the
Tahoe region, referred to as the “regional plan”; provided that,
when the Tahoe Regional Planning Compact becomes effective
the time for preparation of the regional plan shall be extended so
that it coincides with the date upon which the Tahoe Regional
Planning Agency must submit its regional plan. The regional plan
shall consist of a diagram, or diagrams, and text, or texts setting
forth the projects and proposals for implementation of the regional
plan, a description of the needs and goals of the region and a
statement of the policies, standards and elements of the regional
plan.

end delete

begin insert

begin insert 67070. end insert   

end insert begin insert

(a) The regional plan adopted by the agency on
December 12, 2012, shall be considered the interim regional plan
of the agency, except as provided in paragraph (1). Amendments
to the interim plan or the adoption of a comprehensive long-term
general plan and amendment to that plan shall comply with the
rules and regulations prescribed in Section 67101. The agency
shall implement the interim regional plan as follows:

end insert begin insert

(1) No project may be developed in the region without obtaining
the review and approval of the agency. For purposes of this article,
“project” is defined as any activity that may substantially affect
the land, water, air, space, or other natural resource of the region.
Any delegated authority for the issuance of permits under areas
plans is terminated as of January 1, 2014.

end insert begin insert

(2) On or before October 1, 2015, the agency shall determine
whether the boundaries of town center districts and regional center
districts are empirically shown to create a less auto-dependent
development pattern, and, if not, the agency shall adjust the
boundaries so that they promote that pattern.

end insert begin insert

(3) Resort recreational districts shall be eliminated.

end insert begin insert

(4) Provisions in the interim regional plan that allow up to 70
percent land coverage shall be reduced to allow up to 50 percent
land coverage.

end insert begin insert

(5) Provisions in the interim regional plan that allow for the
calculation of land coverage on an areawide basis shall be
eliminated, and coverage shall be calculated on a per parcel basis.

end insert begin insert

(6) Certification of compliance with all best management
practices shall be a condition of the sale of commercial property
parcels.

end insert

(b) The regional plan shall include the following correlated
elements:

(1) A land-use plan for the integrated arrangement and general
location and extent of, and the criteria and standards for, the uses
of land, water, air, space and other natural resources within the
region, including but not limited to, an indication or allocation of
maximum population densities.

(2) A transportation plan for the integrated development of a
regional system of transportation, including but not limited to,
freeways, parkways, highways, transportation facilities, transit
routes, waterways, navigation and aviation aids and facilities, and
appurtenant terminals and facilities for the movement of people
and goods within the region.

(3) A conservation plan for the preservation, development,
utilization, and management of the scenic and other natural
resources within the basin, including but not limited to soils,
shoreline and submerged lands, scenic corridors along
transportation routes, open spaces, recreational and historical
facilities.

(4) A recreation plan for the development, utilization, and
management of the recreational resources of the region, including
but not limited to, wilderness and forested lands, parks and
parkways, riding and hiking trails, beaches and playgrounds,
marinas and other recreational facilities.

(5) A public services and facilities plan for the general location,
scale and provision of public services and facilities, which, by the
nature of their function, size, extent and other characteristics are
necessary or appropriate for inclusion in the regional plan.

SEC. 8.  

Section 67101 of the Government Code is amended
to read:

67101.  

begin insert (a) end insert begin insert   end insert Interim regulations shall be adopted within 90 days
from the formation of the agency and final regulations within 18
months after the formation of the agency begin insert , except as provided in
subdivision (b) end insert .

begin insert

(b) The Tahoe Regional Planning Agency Code of Ordinances
and the Rules of Procedure, which was adopted by the Tahoe
Regional Planning Association Governing Board, on December
12, 2012, shall be considered the interim agency ordinances and
rules, with the exception of any requirements for the interim
regional plan set forth in subdivision (a) of Section 67070.

end insert

SEC. 9.  

Section 67103.1 of the Government Code is repealed.

begin delete

67103.1.  

All public works projects submitted to the agency for
review and approval must receive the agency’s approval before
they can be submitted to the Tahoe Regional Planning Agency.

end delete

SEC. 10.  

Section 67109 of the Government Code is repealed.

begin delete

67109.  

Whenever a new city is formed within the region, the
membership of the governing body shall be increased by one
additional member appointed by, and who shall be a member of,
the legislative body of the new city.

Whenever the membership of the governing body is increased
by the addition of a member representing a new city in the region,
there shall be appointed by the Governor an additional member
representing the public at large who shall not be a resident of the
region.

end delete

SEC. 11.  

Section 67120 of the Government Code is amended
to read:

67120.  

On or before December 30 of each calendar year begin insert , end insert the
agency shall establish begin insert , consistent with the usual practices of the
Department of Finance with regard to funding requests to be
included in the annual budget process, end insert the amount of money
necessary to support its activities for the next succeeding fiscal
year commencing July 1 of the following year and transmit a
request for that amount to the Legislature.

SEC. 12.  

Section 67125 of the Government Code is repealed.

begin delete

67125.  

For purposes of the annual budget process, the agency
shall be provided a baseline adjustment equivalent to fund
California’s two-thirds share for any increase in employee
compensation or cost-of-living adjustment, in the same manner as
applied to state agencies. In those instances where the methodology
for determining this adjustment differs from standard state budget
practices, the agency and the Department of Finance shall work
together on an agreed application of this section.

end delete