Amended in Senate April 2, 2013

Senate BillNo. 630


Introduced by Senators Pavley and Steinberg

February 22, 2013


An act to amend Sectionsbegin insert 67023,end insert 67025, 67049, 67070,begin delete 67101,end deletebegin insert 67072, 67075, 67102, 67103, 67105,end insert and 67120 of, tobegin insert add Sections 67022.5, 67022.7, 67027, 67072.1, 67106.2, and 67107.1 to, toend insert repeal Sections 67061,begin insert 67073, 67074,end insert 67103.1, 67109, and 67125 of, and to repeal and add begin delete Section 67041end delete begin insert Sections 67041, 67100, and 67101end insert of, the Government Code, relating to the California Tahoe Regional Planning Agency.

LEGISLATIVE COUNSEL’S DIGEST

SB 630, as amended, 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 frombegin insert the States ofend insert 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, regulationsbegin insert,end insert 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, 2012begin insert, and would define the terms “environmental threshold carrying capacity,” “feasible,” and “project,” as prescribedend insert. 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.begin insert The bill would, commencing January 1, 2014, prohibit a project from being developed in the region without the review and approval of the agency, and would prohibit the approval of a project unless it is found by the agency to comply with the regional plan, and with related ordinances, rules, and regulations, but would specify that those provisions shall not become operative if a specified Nevada Senate Bill isend insertbegin insert repealed on or before January 1, 2014. The bill would prescribe requirements and civil penalties for legal actions arising out of or alleging a violation of these provisions governing the agency.end insert 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:

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Since 1980, the States of Nevada and California have
4cooperated in protecting Lake Tahoe’s exceptional natural
5resources by having a single entity, the Tahoe Regional Planning
6Agency (TRPA), be responsible for regulating development in the
7Tahoe Basin. The states and Congress created the Tahoe Regional
8Planning Agency through the Tahoe Regional Planning Compact,
9as prescribed in Title 7.4 (commencing with Section 66800) of the
10Government Codebegin insert (bistate compact)end insert. It is the intent of the
11Legislature to maintain that cooperation by having a single entity
12continue to regulate development in the Tahoe Basin. A single
13entity will continue to enhance the efficiency and governmental
14effectiveness of the region, and thereby help to maintain the social
15and economic health of the region by protecting, preserving, and
16enhancing the region’s unique environmental and ecological values.

17(b) In 2011, the Nevada Legislature enacted Senate Bill 271
18(Chapter 530 of the Statutes of 2011). That legislation potentially
19requiresbegin insert the State ofend insert Nevada to withdraw from the Tahoe Regional
20Planning Compact in 2015, unless the TRPA adopts an Updated
21Regional Plan and the bistate compact is amended to reduce its
22protection of Lake Tahoe’s resources. During 2012,begin insert the States ofend insert
23 California and Nevada engaged in a formal bistate consultation
24process, which led tobegin insert the end insertTRPA’s adoption of an Updated Regional
25Plan on December 12, 2012. The California Legislature is hopeful
26thatbegin delete through a successful, cooperative process, and the TRPA’s
27adoption of the Updated Regional Plan,end delete
begin insert the success of that bistate
28consultationend insert
will lead to the repeal of Senate Bill 271.

29(c) Nevada Senate Bill 271 includes a provision that ifbegin insert the State
30ofend insert
Nevada withdraws from the bistate compact, development on
31the Nevada side of the Tahoe Basin will be overseen by the Nevada
32Tahoe Regional Planning Agency. However, California does not
33have an active entity that will oversee development on the
34California side of the Tahoe Basin in the event thatbegin insert the State ofend insert
35 Nevada withdraws from the bistate compact. The California
P4    1Legislature, therefore, must make contingency plans to protect
2California’s important interests in the Tahoe Basin in the event
3thatbegin insert the State ofend insert Nevada withdraws from the bistate Tahoe compact.
4The contingency plan established in this legislation is not intended
5to take effect if Nevada repeals Senate Bill 271 in its 2013
6legislative session. Action in 2013 bybegin insert the State ofend insert Nevada is
7essential because its Legislature does not meet in 2014 and, by
8operation of Nevada law, that state may exercise its prerogative
9to withdraw from the compact in 2015. For California to havebegin delete dueend delete
10begin insert sufficientend insert time to protect its many interests in the Tahoebegin delete basinend delete
11begin insert Basinend insert, the state will need to have a contingency plan in place prior
12to the dissolution of the bistate compact, as contemplated by
13begin insert Nevadaend insert Senate Bill 271.

14begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 67022.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
15read:end insert

begin insert
16

begin insert67022.5.end insert  

“Environmental threshold carrying capacity” means
17an environmental standard necessary to maintain a significant
18scenic, recreational, educational, scientific, or natural value of
19the region or to maintain public health and safety within the region.
20Those standards shall include, but not be limited to, standards for
21air quality, water quality, soil conservation, vegetation
22preservation, and noise.

end insert
23begin insert

begin insertSEC. end insertbegin insert3.end insert  

end insert

begin insertSection 67022.7 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
24read:end insert

begin insert
25

begin insert67022.7.end insert  

“Feasible” means capable of being accomplished in
26a successful manner within a reasonable period of time, taking
27into account economic, environmental, social, and technological
28factors.

end insert
29begin insert

begin insertSEC. end insertbegin insert4.end insert  

end insert

begin insertSection 67023 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
30read:end insert

31

67023.  

“Governing body” means the governing board of the
32begin insert Californiaend insert Tahoe Regional Planning Agency.

33

begin deleteSEC. 2.end delete
34begin insertSEC. 5.end insert  

Section 67025 of the Government Code is amended
35to read:

36

67025.  

“Interim plan” shall mean the interim regional plan
37adopted pending the adoption of the regional plan. For purposes
38of thisbegin delete articleend deletebegin insert titleend insert, the interim regional plan shall be the regional
39plan adopted by the Tahoe Regional Planning Agency on December
4012, 2012, as the plan is required to be modified by Section 67070.
P5    1begin insert Unless the context otherwise requires, the provisions of this title
2concerning the regional plan shall also apply to the interim plan.end insert

begin insert3

begin insertSEC. 6.end insert  

Section 67027 is added to the Government Code, to
4read:

5

begin insert67027.end insert  

“Project” means an activity undertaken by any person,
6including any public agency, if the activity may substantially affect
7the land, water, air, space, or any other natural resources of the
8region.

end insert
9

begin deleteSEC. 3.end delete
10begin insertSEC. 7.end insert  

Section 67041 of the Government Code is repealed.

11

begin deleteSEC. 4.end delete
12begin insertSEC. 8.end insert  

Section 67041 is added to the Government Code, to
13read:

14

67041.  

The governing body of the agency shall contain the
15following nine members:

16(a) One member appointed by the Governor who shall be an
17member of the Board of Supervisors of the County of El Dorado
18or the Board of Supervisors of the County of Placer, and one
19member appointed by the Governor who shall be an elected
20member of the city council of the City of South Lake Tahoe. Both
21of these appointees are subject to Senate confirmation.

22(b) Three members appointed by the Governor who have a
23demonstrated interest and appreciation for the natural beauty and
24economic productivity of the Lake Tahoe region who shall
25represent the public at large and the geographic diversity of
26California. All of these appointees are subject to Senate
27confirmation.

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

29(d) Two members appointed by the Speaker of the California
30Assembly.

31

begin deleteSEC. 5.end delete
32begin insertSEC. 9.end insert  

Section 67049 of the Government Code is amended
33to read:

34

67049.  

A technical advisory committee shall be appointed by
35the agency. The committee shall include, but shall not be limited
36to, the following: the executive officer of the Tahoe Conservancy,
37the executive officer of the State Lands Commission, the chief
38planning officers of Placer County, El Dorado County, and the
39City of South Lake Tahoe, the executive officer of the Lahontan
40Regional Water Quality Control Board or his designee, and the
P6    1executive officer of the California Tahoe Regional Planning
2Agency who shall act as chairman. The agency shall request the
3participation of a representative of the governing board of the
4Nevada Tahoe Regional Planning Agency who is chosen by that
5body.

6

begin deleteSEC. 6.end delete
7begin insertSEC. 10.end insert  

Section 67061 of the Government Code is repealed.

8

begin deleteSEC. 7.end delete
9begin insertSEC. 11.end insert  

Section 67070 of the Government Code is amended
10to read:

11

67070.  

(a) The regional plan adopted by thebegin delete agencyend deletebegin insert Tahoe
12Regional Planning Agencyend insert
on December 12, 2012, shall be
13considered the interim regional plan of the agency, except as
14provided inbegin delete paragraphend deletebegin insert paragraphsend insert (1)begin insert to (6), inclusiveend insert.
15Amendments to the interim plan or the adoption of a
16comprehensive long-term general plan and amendment to that plan
17shall comply with the rules and regulations prescribed in Section
1867101. The agency shall implement the interim regional plan as
19follows:

20(1) No project may be developed in the region without obtaining
21the review and approval of the agency. begin delete For purposes of this article,
22“project” is defined as any activity that may substantially affect
23 the land, water, air, space, or other natural resource of the region.end delete

24 Any delegated authority for the issuance of permits under areas
25plans is terminated as of January 1, 2014.

26(2) On or before October 1, 2015, the agency shall determine
27whether the boundaries of town center districts and regional center
28districts are empirically shown to create a less auto-dependent
29development pattern, and, if not, the agency shall adjust the
30boundaries so that they promote that pattern.

31(3) Resort recreational districts shall be eliminated.

32(4) Provisions in the interim regional plan that allow up to 70
33percent land coverage shall be reduced to allow up to 50 percent
34land coverage.

35(5) Provisions in the interim regional plan that allow for the
36calculation of land coverage on an areawide basis shall be
37eliminated, and coverage shall be calculated on a per parcel basis.

38(6) Certification of compliance with all best management
39practices shall be a conditionbegin delete ofend deletebegin insert forend insert the sale of commercial property
40parcels.

begin delete

P7    1(b) The regional plan shall include the following correlated
2elements:

3(1) A land-use plan for the integrated arrangement and general
4location and extent of, and the criteria and standards for, the uses
5of land, water, air, space and other natural resources within the
6region, including but not limited to, an indication or allocation of
7maximum population densities.

8(2) A transportation plan for the integrated development of a
9regional system of transportation, including but not limited to,
10freeways, parkways, highways, transportation facilities, transit
11routes, waterways, navigation and aviation aids and facilities, and
12appurtenant terminals and facilities for the movement of people
13and goods within the region.

14(3) A conservation plan for the preservation, development,
15utilization, and management of the scenic and other natural
16resources within the basin, including but not limited to soils,
17shoreline and submerged lands, scenic corridors along
18transportation routes, open spaces, recreational and historical
19facilities.

20(4) A recreation plan for the development, utilization, and
21management of the recreational resources of the region, including
22but not limited to, wilderness and forested lands, parks and
23parkways, riding and hiking trails, beaches and playgrounds,
24marinas and other recreational facilities.

25(5) A public services and facilities plan for the general location,
26scale and provision of public services and facilities, which, by the
27nature of their function, size, extent and other characteristics are
28necessary or appropriate for inclusion in the regional plan.

end delete
begin insert

29(b) The Tahoe Regional Planning Agency environmental
30threshold carrying capacities for the region in effect on December
3112, 2012, shall be the agency’s environmental threshold carrying
32capacities unless and until the agency modifies those capacities.

end insert
begin insert

33(c) Within one year after the effective date of the agency’s
34interim regional plan, the agency shall review the interim regional
35plan and either adopt it as the agency’s regional plan or, if
36necessary, alter it to ensure that, at a minimum, the plan and all
37its elements, as implemented through agency ordinances, rules,
38and regulations, achieves and maintains the environmental
39threshold carrying capacities. Each element of the plan shall
40contain implementation provisions and time schedules for
P8    1implementation of the plan, prescribed by ordinance. The
2governing body shall continuously review and maintain the
3regional plan. The regional plan shall consist of one or more
4diagrams, or texts setting forth the projects and proposals for
5implementation of the regional plan, a description of the needs
6and goals of the region, and a statement of the policies, standards,
7and elements of the regional plan. The regional plan shall be a
8single, enforceable plan, which shall include all of the following
9elements:

end insert
begin insert

10(1) A land use plan for the integrated arrangement and general
11location and extent of, and the criteria and standards for, the uses
12of land, water, air, space, and other natural resources within the
13region, including, but not limited to, an indication or allocation
14of maximum population densities and permitted uses.

end insert
begin insert

15(2) (A) A transportation plan for the integrated development
16of a regional system of transportation, including, but not limited
17to, parkways, highways, transportation facilities, transit routes,
18waterways, navigation facilities, public transportation facilities,
19bicycle facilities, and appurtenant terminals and facilities for the
20movement of people and goods within the region. Transportation
21planning shall include both of the following goals:

end insert
begin insert

22(i) The reduction of dependency on the automobile by making
23more effective use of existing transportation modes and of public
24transit to move people and goods within the region.

end insert
begin insert

25(ii) The reduction, to the extent possible, of feasible air pollution
26that is caused by motor vehicles.

end insert
begin insert

27(B) If increases in capacity are required, the agency shall give
28preference to providing that capacity through public transportation
29and public programs and projects related to transportation. The
30agency shall review and consider all existing transportation plans
31in preparing its regional transportation plan pursuant to this
32paragraph. Until such time that the regional plan is revised, or a
33new transportation plan is adopted in accordance with this
34paragraph, the regional transportation plan adopted by the Tahoe
35Regional Planning Agency on December 12, 2012, shall be
36considered the interim transportation plan of the agency, to the
37extent that it is consistent with this section.

end insert
begin insert

38(3) A conservation plan for the preservation, development,
39utilization, and management of the scenic and other natural
40resources within the Tahoe Basin, including, but not limited to,
P9    1soils, shoreline and submerged lands, scenic corridors along
2transportation routes, open spaces, and recreational and historical
3facilities.

end insert
begin insert

4(4) A recreational plan for the development, utilization, and
5management of the recreational resources of the region, including,
6but not limited to, wilderness and forested lands, parks and
7parkways, riding and hiking trails, beaches and playgrounds,
8marinas, and areas for skiing and other recreational facilities.

end insert
begin insert

9(5) A public services and facilities plan for the general location,
10scale, and provision of public services and facilities, which, by
11nature of their function, size, extent, and other characteristics are
12necessary or appropriate for inclusion in the regional plan.

end insert
begin insert

13(d) The regional plan shall provide for the attainment and
14maintenance of federal, state, or local air and water quality
15standards, whichever are most restrictive, in the respective areas
16of the region to which those standards apply. However, the agency
17may adopt air or water quality standards or control measures that
18are more restrictive than the applicable state implementation plan
19or the applicable federal, state, or local standards for the region,
20if it finds that those additional standards or control measures are
21 necessary to achieve the purposes of this title. Each element of the
22regional plan, where applicable, shall, by ordinance, identify the
23means and time schedule by which air and water quality standards
24will be attained.

end insert
25begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 67072 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
26to read:end insert

27

67072.  

All provisions of thebegin delete Tahoeend delete regionalbegin delete generalend delete plan shall
28be enforced by the agency and by the counties and cities in the
29region.

30begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 67072.1 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
31to read:end insert

begin insert
32

begin insert67072.1.end insert  

(a) (1) Commencing January 1, 2014, a project shall
33not be developed in the region without obtaining the review and
34approval of the agency, and a project shall not be approved unless
35it is found by the agency to comply with the regional plan and with
36the ordinances, rules, and regulations enacted to effectuate that
37plan.

38(2) The agency may approve a project in the region only after
39making the written findings required by this subdivision or
P10   1subdivision (b). Those findings shall be based on substantial
2evidence in the record.

3(3) The agency’s regulations shall permit the agency to approve
4a project in the region only after making written findings, on the
5basis of substantial evidence in the record, that the project is
6consistent with the regional plan then in effect, and consistent with
7applicable plans, ordinances, regulations, and standards of federal
8and state agencies relating to the protection, maintenance, and
9enhancement of environmental quality in the region.

10(b) The agency’s regulations shall prescribe specific written
11findings that the agency is required to make prior to approving
12any project in the region. These findings shall relate to
13environmental protection and shall ensure that the project under
14review will not adversely affect implementation of the regional
15plan and will not cause the adopted environmental threshold
16 carrying capacities of the region to be exceeded.

17(c) If the agency is required to review or approve any project,
18public or private pursuant to this title or any ordinance, rule,
19regulation, or policy adopted pursuant to this title, it shall take
20final action by vote, whether to approve, to require modification,
21or to reject the project, within 180 days after the application for
22the project is accepted as complete by the agency in compliance
23with the agency’ s rules and regulations governing the delivery
24unless the applicant has agreed to an extension of this time limit.
25If a final action by vote does not occur within 180 days, the
26applicant may bring an action in a court of competent jurisdiction
27to compel a vote unless he has agreed to an extension.

28(d) If the Tahoe Regional Planning Agency has issued a permit
29or otherwise approved a project before the date on which the State
30of Nevada withdraws from the Tahoe Regional Planning Compact,
31both of the following shall apply:

32(1) The permit or approval shall remain valid after that date.

33(2) The California Tahoe Regional Planning Agency shall
34assume the responsibility of enforcing the conditions, if any, of
35the approval or permit.

36(e) If an application was pending before the Tahoe Regional
37Planning Agency on the date on which the State of Nevada
38withdraws from the Tahoe Regional Planning Compact, the agency
39shall process the application based upon its regional plan and
40implementing ordinances.

end insert
P11   1begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 67073 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
2

67073.  

Within 90 days after the formation of the agency and
3after at least one public hearing, the governing body shall review
4the testimony and recommendations presented at such hearing and
5shall adopt a regional interim plan.

end delete
6begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 67074 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
7

67074.  

The interim plan shall consist of statements of
8development policies, criteria and standards for planning and
9development, of plans or portions of plans, and projects and
10planning decisions, which the agency finds it necessary to adopt
11and administer on an interim basis in accordance with the
12substantive powers granted to it in this agreement.

end delete
13begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 67075 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14to read:end insert

15

67075.  

The agency shall maintain the data, mapsbegin insert,end insert and other
16information developed in the course of formulating and
17administering the regional planbegin delete and interim planend delete, in a form suitable
18to assure a consistent view of developmental trends and other
19relevant information for the availability of and use by other
20agencies of government and by private organizations and
21individuals concerned.

22begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 67100 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
23

67100.  

The agency shall adopt all necessary ordinances, rules,
24regulations and policies to effectuate the adopted regional and
25interim plans. The regulations shall contain general, regional
26standards including but not limited to the following: subdivision;
27zoning; tree removal; solid waste disposal; sewage disposal; land
28fills, excavations, cuts and grading; piers; harbors, breakwaters;
29or channels and other shoreline developments; waste disposal in
30shoreline areas; waste disposal from boats; mobilehome parks;
31house relocation; outdoor advertising; flood plain protection; soil
32and sedimentation control; air pollution; and watershed protection.

end delete
33begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 67100 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
34read:end insert

begin insert
35

begin insert67100.end insert  

(a) The governing body shall adopt all necessary
36ordinances, rules, and regulations to effectuate the adopted
37regional plan. Except as otherwise provided in this title, every
38ordinance, rule, or regulation shall establish a minimum standard
39applicable throughout the region. Any political subdivision or
40public agency may adopt and enforce an equal or more stringent
P12   1requirement applicable to the same subject of regulation in its
2territory. The regulations of the agency shall contain standards,
3including, but not limited to, the following: water purity and
4clarity; subdivision; zoning; tree removal; solid waste disposal;
5sewage disposal; landfills, excavations, cuts and grading; piers,
6harbors, breakwaters, or channels, and other shoreline
7developments; waste disposal in shoreline areas; waste disposal
8from boats; mobilehome parks; house relocation; outdoor
9advertising; flood plain protection; soil and sedimentation control;
10air pollution; and watershed protection.

11(b) The agency shall prescribe by ordinance those activities
12that it has determined will not have substantial effect on land,
13water, air, space, or any other natural resources in the region and
14therefore will be exempt from its review and approval.

end insert
begin delete
15

SEC. 8.  

Section 67101 of the Government Code is amended
16to read:

17

67101.  

(a) Interim regulations shall be adopted within 90 days
18from the formation of the agency and final regulations within 18
19months after the formation of the agency, except as provided in
20subdivision (b).

21(b) The Tahoe Regional Planning Agency Code of Ordinances
22and the Rules of Procedure, which was adopted by the Tahoe
23Regional Planning Association Governing Board, on December
2412, 2012, shall be considered the interim agency ordinances and
25rules, with the exception of any requirements for the interim
26regional plan set forth in subdivision (a) of Section 67070.

end delete
27begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 67101 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
28

67101.  

Interim regulations shall be adopted within 90 days
29from the formation of the agency and final regulations within 18
30months after the formation of the agency.

end delete
31begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 67101 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
32read:end insert

begin insert
33

begin insert67101.end insert  

(a) The Tahoe Regional Planning Agency Code of
34Ordinances, which was adopted by the Tahoe Regional Planning
35Association Governing Board on December 12, 2012, and its Rules
36of Procedure, which were in effect on that date, shall be considered
37the interim agency ordinances and rules, with the exception of any
38requirements for the interim regional plan set forth in subdivision
39(a) of Section 67070. Unless the context otherwise requires, the
40requirements of this title concerning agency ordinances, rules,
P13   1and regulations shall also apply to its interim ordinances, rules,
2and regulations.

3(b) Within 90 days of the effective date of the interim regional
4plan, the agency shall amend its interim agency ordinances and
5rules so that they conform to the requirements of subdivision (a)
6of Section 67070. Any amendments to the interim agency
7ordinances and rules shall be exempt from the requirements of
8Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
93 of Title 2.

end insert
10begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 67102 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
11to read:end insert

12

67102.  

All ordinances, rules, regulations and policiesbegin insert required
13by this title, orend insert
adopted by the agency shall be enforced by the
14agency, and by the counties and cities.

15begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 67103 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert

17

67103.  

All public works projects shall be reviewed prior to
18construction and approved by the agency as to the project’s
19compliance with thebegin delete adoptedend delete regionalbegin delete generalend delete plan.

20

begin deleteSEC. 9.end delete
21begin insertSEC. 23.end insert  

Section 67103.1 of the Government Code is repealed.

22begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 67105 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert

24

67105.  

The agency shall police the region to ensure compliance
25with thebegin delete generalend deletebegin insert regionalend insert plan and adopted ordinances, rules,
26regulations and policies. If it is found that thebegin delete generalend deletebegin insert regionalend insert
27 plan, or ordinances, rules, regulations and policies are not being
28enforced by a local jurisdiction, the agency may bring action in a
29court of competent jurisdiction to ensure compliance.

30begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 67106.2 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
31to read:end insert

begin insert
32

begin insert67106.2.end insert  

(a) A legal action arising out of or alleging a
33violation of this title, the regional plan, or an ordinance or
34regulation of the agency or of a permit or a condition of a permit
35issued by the agency shall be governed by this section if it involves
36any of the following:

37(1) An action arising out of activities directly undertaken by the
38agency.

39(2) An action arising out of the issuance to a person of a lease,
40permit, license, or other entitlement for use by the agency.

P14   1(3) An action arising out of any other act or failure to act by
2any person or public agency.

3(b) With regard to the venue for actions subject to this section,
4the following shall apply:

5(1) If a civil or criminal action challenges an activity by the
6agency or any person that is undertaken or to be undertaken upon
7a parcel of real property, it shall be filed in the county where the
8real property is situated or the County of Sacramento.

9(2) If an action challenges an activity that does not involve a
10specific parcel of land, including an action challenging an
11ordinance of the agency, it shall be filed in the County of El
12Dorado, Placer, or Sacramento.

13(c) Any aggrieved person may file an action in an appropriate
14court of the State of California alleging noncompliance with the
15provisions of this compact or with an ordinance or regulation of
16the agency. In the case of governmental agencies, “aggrieved
17person” means the agency or any other state, federal, or local
18agency. In the case of any person other than a governmental
19agency who challenges an action of the agency, “aggrieved
20person” means any person who has appeared, either in person,
21through an authorized representative, or in writing, before the
22agency at an appropriate administrative hearing to register
23objection to the action which is being challenged, or who had good
24cause for not making an appearance.

25(d) Any aggrieved person shall have a right to judicial review
26of any administrative decision of the agency by filing a petition
27for a writ of mandate in accordance with Section 1094.5 of the
28Code of Civil Procedure, within 60 days after the decision has
29become final. All other legal actions shall be commenced within
30one year after discovery of the cause of action.

31(e) The agency shall monitor activities in the region and may
32bring enforcement actions in the region to ensure compliance with
33the regional plan and adopted ordinances, rules, regulations, and
34policies. If it is found that the regional plan, or ordinances, rules,
35regulations, and policies are not being enforced by a local
36jurisdiction, the agency may bring action in a court of competent
37jurisdiction to ensure compliance.

38(f) Any person who violates this title or of any ordinance or
39regulation of the agency or of any condition of approval imposed
40by the agency shall be subject to a civil penalty not to exceed five
P15   1thousand dollars ($5,000). A person is subject to an additional
2civil penalty, not to exceed five thousand dollars ($5,000) per day,
3for each day on which a violation persists. In imposing the
4penalties authorized by this subdivision, the court shall consider
5the nature of the violation and shall impose a greater penalty if it
6was willful or resulted from gross negligence than if it resulted
7from inadvertence or simple negligence.

8(g) Approval by the agency of any project shall expire 3 years
9after the date of final action by either the agency or the Tahoe
10Regional Planning Agency, whichever is later, unless construction
11is begun within that time and diligently pursued thereafter, or the
12use or activity has commenced. In computing the 3-year period,
13any period of time during which the project is the subject of a legal
14action that delays or renders impossible the diligent pursuit of
15that project shall not be counted. Any license, permit, or certificate
16issued by the agency that has an expiration date shall be extended
17by that period of time during which the project is the subject of
18the legal action as provided in this subdivision.

end insert
19begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 67107.1 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
20to read:end insert

begin insert
21

begin insert67107.1.end insert  

(a) The Legislature hereby finds and declares that
22aquatic invasive species pose a serious threat to the waters and
23other natural resources of the Lake Tahoe region, and an equally
24serious threat to the region’s economy.

25(b) The agency shall work with appropriate federal, state, and
26local entities, as well as appropriate State of Nevada entities, to
27ensure lake wide aquatic species protection and control.

end insert
28

begin deleteSEC. 10.end delete
29begin insertSEC. 27.end insert  

Section 67109 of the Government Code is repealed.

30

begin deleteSEC. 11.end delete
31begin insertSEC. 28.end insert  

Section 67120 of the Government Code is amended
32to read:

33

67120.  

On or before December 30 of each calendar year, the
34agency shall establish, consistent with the usual practices of the
35Department of Finance with regard to funding requests to be
36included in the annual budget process, the amount of money
37necessary to support its activities for the next succeeding fiscal
38year commencing July 1 of the following year and transmit a
39request for that amount to the Legislature.

P16   1

begin deleteSEC. 12.end delete
2begin insertSEC. 29.end insert  

Section 67125 of the Government Code is repealed.

begin insert
3

begin insertSEC. 30.end insert  

Sections 11 and 13 of this act shall not become
4operative if Nevada Senate Bill 271 of the 2011 Regular Session
5(Chapter 530 of the Statutes of 2011) is repealed on or before
6January 1, 2014.

end insert


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