Amended in Senate May 24, 2013

Amended in Senate April 2, 2013

Senate BillNo. 630


Introduced by Senators Pavley and Steinberg

February 22, 2013


An act to amend begin delete Sections 67023, 67025, 67049, 67070, 67072, 67075, 67102, 67103, 67105, and 67120 of, to add Sections 67022.5, 67022.7, 67027, 67072.1, 67106.2, and 67107.1 to, to repeal Sections 67061, 67073, 67074, 67103.1, 67109, and 67125 of, and to repeal andadd Sections 67041, 67100, and 67101 of,end delete begin insert Section 66801 of, and to add Section 66802 to,end insert 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 from the States of 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,”begin delete 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 planend deletebegin insert as prescribedend insert.

begin delete

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, and would define the terms “environmental threshold carrying capacity,” “feasible,” and “project,” as prescribed. 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.

end delete
begin delete

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, 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 is 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. 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.

end delete
begin insert

This bill would make legislative findings and declarations relating to an agreement between the Governors of the States of Nevada and California covering the implementation of the Tahoe Regional Planning Compact that was jointly announced by the governors of these states on May 14, 2013, which is proposed to be codified in specified legislation in Nevada and California. The bill would declare that the State of Nevada has agreed to repeal its 2011 statutory provisions requiring its withdrawal from the Tahoe Regional Planning Compact and proposing a change in the voting structure of the Tahoe Regional Planning Agency.

end insert
begin insert

Existing law, contained in the bistate Tahoe Regional Planning Compact in the Government Code requires that within one year after adoption of environmental threshold carrying capacities for the Tahoe region, the Tahoe Regional Planning Agency to amend its regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules, and regulations, achieves and maintains the adopted environmental threshold carrying capacities, and requires that the advisory planning commission appointed by the agency and the governing body of the agency continuously review and maintain the regional plan.

end insert
begin insert

This bill would revise the compact to require that, in reviewing and maintaining the plan, the planning commission and the governing body also ensure that the regional plan reflects changing economic conditions and the economic effect of regulation on commerce. The bill would further revise the compact to require that, when adopting or amending a regional plan or taking an action or making a decision, the agency act in accordance with the requirements of the compact and its implementing ordinances, rules, and regulations and to place upon a party challenging any element of the regional plan, or an action or decision of the agency, the burden of showing that the regional plan is not in conformance with those requirements.

end insert
begin insert

The bill would not become effective unless, on or before January 1, 2014, the Governor issues a written declaration stating that the State of Nevada has enacted substantially similar legislation to the bill, and that the Nevada legislation became effective on or before January 1, 2014.

end insert

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

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

P4    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 Code (bistate compact). 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.

begin delete

17(b) In 2011, the Nevada Legislature enacted Senate Bill 271
18(Chapter 530 of the Statutes of 2011). That legislation potentially
19requires the State of 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, the States of
23California and Nevada engaged in a formal bistate consultation
24process, which led to the TRPA’s adoption of an Updated Regional
25Plan on December 12, 2012. The California Legislature is hopeful
26that the success of that bistate consultation will lead to the repeal
27of Senate Bill 271.

28(c) Nevada Senate Bill 271 includes a provision that if the State
29of Nevada withdraws from the bistate compact, development on
30the Nevada side of the Tahoe Basin will be overseen by the Nevada
31Tahoe Regional Planning Agency. However, California does not
32have an active entity that will oversee development on the
33California side of the Tahoe Basin in the event that the State of
34Nevada withdraws from the bistate compact. The California
35Legislature, therefore, must make contingency plans to protect
36California’s important interests in the Tahoe Basin in the event
37that the State of Nevada withdraws from the bistate Tahoe compact.
38The contingency plan established in this legislation is not intended
P5    1to take effect if Nevada repeals Senate Bill 271 in its 2013
2legislative session. Action in 2013 by the State of Nevada is
3essential because its Legislature does not meet in 2014 and, by
4operation of Nevada law, that state may exercise its prerogative
5to withdraw from the compact in 2015. For California to have
6 sufficient time to protect its many interests in the Tahoe Basin, the
7state will need to have a contingency plan in place prior to the
8dissolution of the bistate compact, as contemplated by Nevada
9Senate Bill 271.

end delete
begin insert

10(b) The States of California and Nevada have agreed to
11recommend to Congress two amendments to the bistate compact.
12One proposed amendment would clarify that a party challenging
13the Tahoe Regional Planning Agency regional plan or an action
14of the Tahoe Regional Planning Agency has the burden of proof.
15The second proposed amendment would direct the agency to ensure
16that the regional plan reflects economic considerations in the
17Tahoe basin. The purpose of this act, as summarized in this section,
18is to ensure the continuation of the bistate compact and the Tahoe
19Regional Planning Agency.

end insert
begin insert

20(c) An agreement between the Governors of the States of
21California and Nevada relating to the implementation of the bistate
22compact was jointly announced by the governors of those states
23on May 14, 2013, and the agreement is proposed to be codified in
242013 in Senate Bill 229 in Nevada and Senate Bill 630 in
25California.

end insert
begin insert

26(d) As part of that agreement between the two states, the State
27of Nevada has agreed to repeal its 2011 statutory provisions
28requiring its withdrawal from the bistate compact and a proposed
29change in the voting structure of the Tahoe Regional Planning
30Agency.

end insert
begin insert

31(e) As an additional part of the agreement between the two
32states, the April 2, 2013 version of Senate Bill 630, which proposed
33the reestablishment of California-only Tahoe Regional Planning
34Agency as a backup plan in the event of the withdrawal of Nevada
35from the bistate compact, will not be enacted.

end insert
begin insert

36(f) The agreement between the two states also includes
37provisions that specify that the two states will cooperate in
38implementing the new regional plan update of the Tahoe Regional
39Planning Agency that was adopted in December 2012. The States
40of California and Nevada also reaffirmed the provisions of the
P6    1bistate compact that allow each state to withdraw from the
2compact.

end insert
3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 66801 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
4read:end insert

5

66801.  

The provisions of this interstate compact executed
6between the States of Nevada and California are as follows:

78TAHOE REGIONAL PLANNING COMPACT
9ARTICLE I. FINDINGS AND DECLARATIONS OF POLICY
10

11(a) It is found and declared that:

12(1) The waters of Lake Tahoe and other resources of the region
13are threatened with deterioration or degeneration, which endangers
14the natural beauty and economic productivity of the region.

15(2) The public and private interests and investments in the region
16are substantial.

17(3) The region exhibits unique environmental and ecological
18values which are irreplaceable.

19(4) By virtue of the special conditions and circumstances of the
20region’s natural ecology, developmental pattern, population
21distribution and human needs, the region is experiencing problems
22of resource use and deficiencies of environmental control.

23(5) Increasing urbanization is threatening the ecological values
24of the region and threatening the public opportunities for use of
25the public lands.

26(6) Maintenance of the social and economic health of the region
27depends on maintaining the significant scenic, recreational,
28educational, scientific, natural and public health values provided
29by the Lake Tahoe Basin.

30(7) There is a public interest in protecting, preserving and
31enhancing these values for the residents of the region and for
32visitors to the region.

33(8) Responsibilities for providing recreational and scientific
34opportunities, preserving scenic and natural areas, and safeguarding
35the public who live, work and play in or visit the region are divided
36among local governments, regional agencies, the States of
37California and Nevada, and the federal government.

38(9) In recognition of the public investment and multistate and
39national significance of the recreational values, the federal
40government has an interest in the acquisition of recreational
P7    1property and the management of resources in the region to preserve
2environmental and recreational values, and the federal government
3should assist the states in fulfilling their responsibilities.

4(10) In order to preserve the scenic beauty and outdoor
5recreational opportunities of the region, there is a need to insure
6an equilibrium between the region’s natural endowment and its
7manmade environment.

8(b) In order to enhance the efficiency and governmental
9effectiveness of the region, it is imperative that there be established
10a Tahoe Regional Planning Agency with the powers conferred by
11this compact including the power to establish environmental
12threshold carrying capacities and to adopt and enforce a regional
13plan and implementing ordinances which will achieve and maintain
14such capacities while providing opportunities for orderly growth
15and development consistent with such capacities.

16(c) The Tahoe Regional Planning Agency shall interpret and
17administer its plans, ordinances, rules and regulations in accordance
18with the provisions of this compact.

1920ARTICLE II. DEFINITIONS
21

22As used in this compact, the following terms have the following
23meanings:

24(a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas
25and Washoe Counties and Carson City, which for the purposes of
26this compact shall be deemed a county, lying within the Tahoe
27Basin in the State of Nevada, and the adjacent parts of the Counties
28of Placer and El Dorado lying within the Tahoe Basin in the State
29of California, and that additional and adjacent part of the County
30of Placer outside of the Tahoe Basin in the State of California
31which lies southward and eastward of a line starting at the
32intersection of the basin crestline and the north boundary of Section
331, thence west to the northwest corner of Section 3, thence south
34to the intersection of the basin crestline and the west boundary of
35Section 10; all sections referring to Township 15 North, Range 16
36East, M.D.B. & M. The region defined and described herein shall
37be as precisely delineated on official maps of the agency.

38(b) “Agency” means the Tahoe Regional Planning Agency.

39(c) “Governing body” means the governing board of the Tahoe
40Regional Planning Agency.

P8    1(d) “Regional plan” means the long-term general plan for the
2development of the region.

3(e) “Planning commission” means the advisory planning
4commission appointed pursuant to subdivision (h) of Article III.

5(f) “Gaming” means to deal, operate, carry on, conduct, maintain
6or expose for play any banking or percentage game played with
7cards, dice or any mechanical device or machine for money,
8property, checks, credit or any representative of value, including,
9without limiting the generality of the foregoing, faro, monte,
10roulette, keno, bingo, fan-tan, twenty-one, blackjack,
11seven-and-a-half, big injun, klondike, craps, stud poker, draw poker
12or slot machine, but does not include social games played solely
13for drinks, or cigars or cigarettes served individually, games played
14in private homes or residences for prizes or games operated by
15charitable or educational organizations, to the extent excluded by
16applicable state law.

17(g) “Restricted gaming license” means a license to operate not
18more than 15 slot machines on which a quarterly fee is charged
19pursuant to NRS 463.373 and no other games.

20(h) “Project” means an activity undertaken by any person,
21including any public agency, if the activity may substantially affect
22the land, water, air, space or any other natural resources of the
23region.

24(i) “Environmental threshold carrying capacity” means an
25environmental standard necessary to maintain a significant scenic,
26recreational, educational, scientific or natural value of the region
27or to maintain public health and safety within the region. Such
28standards shall include but not be limited to standards for air
29quality, water quality, soil conservation, vegetation preservation
30and noise.

31(j) “Feasible” means capable of being accomplished in a
32successful manner within a reasonable period of time, taking into
33account economic, environmental, social and technological factors.

34(k) “Areas open to public use” means all of the areas within a
35structure housing gaming under a nonrestricted license except
36areas devoted to the private use of guests.

37(l) “Areas devoted to private use of guests” means hotel rooms
38and hallways to serve hotel room areas, and any parking areas. A
39hallway serves hotel room areas if more than 50 percent of the
40areas of each side of the hallway are hotel rooms.

P9    1(m) “Nonrestricted license” means a gaming license which is
2not a restricted gaming license.

34ARTICLE III. ORGANIZATION
5

6(a) There is created the Tahoe Regional Planning Agency as a
7separate legal entity.

8The governing body of the agency shall be constituted as follows:

9(1) California delegation:

10(A) One member appointed by each of the County Boards of
11Supervisors of the Counties of El Dorado and Placer and one
12member appointed by the City Council of the City of South Lake
13Tahoe. Any such member may be a member of the county board
14of supervisors or city council, respectively, and shall reside in the
15territorial jurisdiction of the governmental body making the
16appointment.

17(B) Two members appointed by the Governor of California,
18one member appointed by the Speaker of the Assembly of
19California and one member appointed by the Senate Rules
20Committee of the State of California. The members appointed
21pursuant to this subparagraph shall not be residents of the region
22and shall represent the public at large within the State of California.
23A member appointed by the Speaker of the Assembly or the Senate
24Rules Committee may, subject to confirmation by his or her
25appointing power, designate an alternate to attend meetings and
26vote in the absence of the appointed member. The designation of
27a named alternate, which shall be in writing and contain evidence
28of confirmation by the appointing power, shall be kept on file with
29the agency. An appointed member may change his or her alternate
30from time to time, with the confirmation of the appointing power,
31but shall have only one designated alternate at a time. An alternate
32shall be subject to those qualifications and requirements prescribed
33by this compact that are applicable to the appointed member.

34(2) Nevada delegation:

35(A) One member appointed by each of the boards of county
36commissioners of Douglas and Washoe Counties and one member
37appointed by the Board of Supervisors of Carson City. Any such
38member may be a member of the board of county commissioners
39or board of supervisors, respectively, and shall reside in the
P10   1territorial jurisdiction of the governmental body making the
2appointment.

3(B) Two members appointed by the Governor of Nevada, one
4member appointed by the Speaker of the Assembly and one
5member appointed by the Majority Leader of the Nevada Senate.
6All members appointed pursuant to this subparagraph shall not be
7residents of the region and shall represent the public at large within
8the State of Nevada. A member appointed by the Speaker of the
9Nevada Assembly or the Majority Leader of the Nevada Senate
10may, subject to confirmation by his or her appointing power,
11designate an alternate to attend meetings and vote in the absence
12of the appointed member. The designation of a named alternate,
13which shall be in writing and contain evidence of confirmation by
14the appointing power, shall be kept on file with the agency. An
15appointed member may change his or her alternate from time to
16time, with the confirmation of the appointing power, but shall have
17only one designated alternate at a time. An alternate shall be subject
18to those qualifications and requirements prescribed by this compact
19that are applicable to the appointed member.

20(3) If any appointing authority underbegin delete paragraph (1)(A), (1)(B),
21(2)(A) or (2)(B)end delete
begin insert subparagraphs (A) and (B) of paragraph (1) and
22subparagraphs (A) or (B) of paragraph (2)end insert
fails to make such an
23appointment within 60 days after the effective date of the
24amendments to this compact or the occurrence of a vacancy on
25the governing body, the governor of the state in which the
26appointing authority is located shall make the appointment. The
27term of any member so appointed shall bebegin delete 1end deletebegin insert oneend insert year.

28(4) The position of any member of the governing body shall be
29deemed vacant if such a member is absent from three consecutive
30meetings of the governing body in any calendar year.

31(5) Each member and employee of the agency shall disclose his
32begin insert or herend insert economic interests in the region within 10 days after taking
33hisbegin insert or herend insert seat on the governing board or being employed by the
34agency and shall thereafter disclose any further economic interest
35which hebegin insert or sheend insert acquires, as soon as feasible after hebegin insert or sheend insert
36 acquires it. As used in this paragraph, “economic interests” means:

37(A) Any business entity operating in the region in which the
38member or employee has a direct or indirect investment worth
39more than one thousand dollars ($1,000).

P11   1(B) Any real property located in the region in which the member
2or employee has a direct or indirect interest worth more than one
3thousand dollars ($1,000).

4(C) Any source of income attributable to activities in the region,
5other than loans by or deposits with a commercial lending
6institution in the regular course of business, aggregating two
7hundred fifty dollars ($250) or more in value received by or
8promised to the member within the preceding 12 months; or

9(D) Any business entity operating in the region in which the
10member or employee is a director, officer, partner, trustee,
11employee or holds any position of management.

12No member or employee of the agency shall make, or attempt
13to influence, an agency decision in which hebegin insert or sheend insert knows or has
14reason to know hebegin insert or sheend insert has an economic interest. Members and
15employees of the agency must disqualify themselves from making
16or participating in the making of any decision of the agency when
17it is reasonably foreseeable that the decision will have a material
18financial effect, distinguishable from its effect on the public
19generally, on the economic interests of the member or employee.

20(b) The members of the agency shall serve without
21compensation, but the expenses of each member shall be met by
22the body which hebegin insert or sheend insert represents in accordance with the law
23of that body. All other expenses incurred by the governing body
24in the course of exercising the powers conferred upon it by this
25compact unless met in some other manner specifically provided,
26shall be paid by the agency out of its own funds.

27(c) The members of the governing body serve at the pleasure
28of the appointing authority in each case, but each appointment
29shall be reviewed no less often than everybegin delete 4end deletebegin insert fourend insert years. Members
30may be reappointed.

31(d) The governing body of the agency shall meet at least
32monthly. All meetings shall be opened to the public to the extent
33required by the law of the State of California or the State of
34Nevada, whichever imposes the greater requirement, applicable
35to local governments at the time such meeting is held. The
36governing body shall fix a date for its regular monthly meeting in
37such terms as “the first Monday of each month,” and shall not
38change such date more often than once in any calendar year. Notice
39of the date so fixed shall be given by publication at least once in
40a newspaper or combination of newspapers whose circulation is
P12   1general throughout the region and in each county a portion of
2whose territory lies within the region. Notice of any special
3meeting, except an emergency meeting, shall be given by so
4publishing the date and place and posting an agenda at leastbegin delete 5end deletebegin insert fiveend insert
5 days prior to the meeting.

6(e) The position of a member of the governing body shall be
7considered vacated upon hisbegin insert or herend insert loss of any of the qualifications
8required for hisbegin insert or herend insert appointment and in such event the
9appointing authority shall appoint a successor.

10(f) The governing body shall elect from its own members a
11chairman and vice chairman, whose terms of office shall bebegin delete 2end deletebegin insert twoend insert
12 years, and who may be reelected. If a vacancy occurs in either
13office, the governing body may fill such vacancy for the unexpired
14term.

15(g) Four of the members of the governing body from each state
16constitute a quorum for the transaction of the business of the
17agency. The voting procedures shall be as follows:

18(1) For adopting, amending or repealing environmental threshold
19carrying capacities, the regional plan, and ordinances, rules and
20regulations, and for granting variances from the ordinances, rules
21and regulations, the vote of at least four of the members of each
22state agreeing with the vote of at least four members of the other
23state shall be required to take action. If there is no vote of at least
24four of the members from one state agreeing with the vote of at
25least four of the members of the other state on the actions specified
26in this paragraph, an action of rejection shall be deemed to have
27been taken.

28(2) For approving a project, the affirmative vote of at least five
29members from the state in which the project is located and the
30affirmative vote of at least nine members of the governing body
31are required. If at least five members of the governing body from
32the state in which the project is located and at least nine members
33of the entire governing body do not vote in favor of the project,
34upon a motion for approval, an action of rejection shall be deemed
35to have been taken. A decision by the agency to approve a project
36shall be supported by a statement of findings, adopted by the
37agency, which indicates that the project complies with the regional
38plan and with applicable ordinances, rules and regulations of the
39agency.

P13   1(3) For routine business and for directing the agency’s staff on
2litigation and enforcement actions, at least eight members of the
3governing body must agree to take action. If at least eight votes
4in favor of such action are not cast, an action of rejection shall be
5deemed to have been taken.

6Whenever under the provisions of this compact or any ordinance,
7rule, regulation or policy adopted pursuant thereto, the agency is
8required to review or approve any project, public or private, the
9agency shall take final action by vote, whether to approve, to
10require modification or to reject such project, within 180 days after
11the application for such project is accepted as complete by the
12agency in compliance with the agency’s rules and regulations
13governing such delivery unless the applicant has agreed to an
14extension of this time limit. If a final action by vote does not take
15place within 180 days, the applicant may bring an action in a court
16of competent jurisdiction to compel a vote unless hebegin insert or sheend insert has
17agreed to an extension. This provision does not limit the right of
18any person to obtain judicial review of agency action under
19subdivision (h) of Article VI. The vote of each member of the
20governing body shall be individually recorded. The governing
21body shall adopt its own rules, regulations and procedures.

22(h) An advisory planning commission shall be appointed by the
23agency. The commission shall include: the chief planning officers
24of Placer County, El Dorado County, and the City of South Lake
25Tahoe in California and of Douglas County, Washoe County and
26Carson City in Nevada, the executive officer of the Lahontan
27Regional Water Quality Control Board of the State of California,
28the executive officer of the Air Resources Board of the State of
29California, the Director of the State Department of Conservation
30and Natural Resources of the State of Nevada, the Administrator
31of the Division of Environmental Protection in the State
32Department of Conservation and Natural Resources of the State
33of Nevada, the Administrator of the Lake Tahoe Management Unit
34of the United States Forest Service, and at least four lay members
35with an equal number from each state, at leastbegin delete halfend deletebegin insert one-halfend insert of
36whom shall be residents of the region. Any official member may
37designate an alternate.

38The term of office of each lay member of the advisory planning
39commission shall bebegin delete 2end deletebegin insert twoend insert years. Members may be reappointed.

P14   1The position of each member of the advisory planning
2commission shall be considered vacated upon loss of any of the
3 qualifications required for appointment, and in such an event the
4appointing authority shall appoint a successor.

5The advisory planning commission shall elect from its own
6members a chairman and a vice chairman, whose terms of office
7shall bebegin delete 2end deletebegin insert twoend insert years and who may be reelected. If a vacancy occurs
8in either office, the advisory planning commission shall fill such
9vacancy for the unexpired term.

10A majority of the members of the advisory planning commission
11constitutes a quorum for the transaction of the business of the
12commission. A majority vote of the quorum present shall be
13required to take action with respect to any matter.

14(i) The agency shall establish and maintain an office within the
15region, and for this purpose the agency may rent or own property
16and equipment. Every plan, ordinance and other record of the
17agency which is of such nature as to constitute a public record
18under the law of either the State of California or the State of
19Nevada shall be opened to inspection and copying during regular
20office hours.

21(j) Each authority charged under this compact or by the law of
22either state with the duty of appointing a member of the governing
23body of the agency shall by certified copy of its resolution or other
24action notify the Secretary of State of its own state of the action
25taken.

2627ARTICLE IV. PERSONNEL
28

29(a) The governing body shall determine the qualification of,
30and it shall appoint and fix the salary of, the executive officer of
31the agency, and shall employ such other staff and legal counsel as
32may be necessary to execute the powers and functions provided
33for under this compact or in accordance with any intergovernmental
34contracts or agreements the agency may be responsible for
35administering.

36(b) Agency personnel standards and regulations shall conform
37insofar as possible to the regulations and procedures of the civil
38service of the State of California or the State of Nevada, as may
39be determined by the governing body of the agency; and shall be
40regional and bistate in application and effect; provided that the
P15   1governing body may, for administrative convenience and at its
2discretion, assign the administration of designated personnel
3arrangements to an agency of either state, and provided that
4administratively convenient adjustments be made in the standards
5and regulations governing personnel assigned under
6intergovernmental agreements.

7(c) The agency may establish and maintain or participate in such
8additional programs of employee benefits as may be appropriate
9to afford employees of the agency terms and conditions of
10employment similar to those enjoyed by employees of California
11and Nevada generally.

1213ARTICLE V. PLANNING
14

15(a) In preparing each of the plans required by this article and
16each amendment thereto, if any, subsequent to its adoption, the
17planning commission after due notice shall hold at least one public
18hearing which may be continued from time to time, and shall
19review the testimony and any written recommendations presented
20at such hearing before recommending the plan or amendment. The
21notice required by this subdivision shall be given at least 20 days
22prior to the public hearing by publication at least once in a
23 newspaper or combination of newspapers whose circulation is
24general throughout the region and in each county a portion of
25whose territory lies within the region.

26The planning commission shall then recommend such plan or
27amendment to the governing body for adoption by ordinance. The
28governing body may adopt, modify or reject the proposed plan or
29amendment, or may initiate and adopt a plan or amendment without
30referring it to the planning commission. If the governing body
31initiates or substantially modifies a plan or amendment, it shall
32hold at least one public hearing thereon after due notice as required
33in this subdivision.

34If a request is made for the amendment of the regional plan by:

35(1) A political subdivision a part of whose territory would be
36affected by such amendment; or

37(2) The owner or lessee of real propertybegin delete whichend deletebegin insert thatend insert would be
38affected by such amendment, the governing body shall complete
39its action on such amendment within 180 days afterbegin delete suchend deletebegin insert thatend insert
P16   1 request is accepted as complete according to standardsbegin delete whichend deletebegin insert thatend insert
2 must be prescribed by ordinance of the agency.

3(b) The agency shall develop, in cooperation with the States of
4California and Nevada, environmental threshold carrying capacities
5for the region. The agency should request the President’s Council
6on Environmental Quality, the United States Forest Service and
7other appropriate agencies to assist in developing such
8environmental threshold carrying capacities. Within 18 months
9after the effective date of the amendments to this compact, the
10agency shall adopt environmental threshold carrying capacities
11for the region.

12(c) Withinbegin delete 1end deletebegin insert oneend insert year after the adoption of the environmental
13threshold carrying capacities for the region, the agency shall amend
14the regional plan so that, at a minimum, the plan and all of its
15elements, as implemented through agency ordinances, rules and
16regulations, achieves and maintains the adopted environmental
17threshold carrying capacities. Each element of the plan shall contain
18implementation provisions and time schedules for such
19implementation by ordinance. The planning commission and
20governing body shall continuously review and maintain the regional
21planbegin insert, and, in so doing, shall ensure that the regional plan reflects
22changing economic conditions and the economic effect of
23regulation on commerceend insert
. The regional plan shall consist of a
24diagram, or diagrams, and text, or texts setting forth the projects
25and proposals for implementation of the regional plan, a description
26of the needs and goals of the region and a statement of the policies,
27standards and elements of the regional plan.

28The regional plan shall be a single enforceable plan and include
29all of the following correlated elements:

30(1) A land use plan for the integrated arrangement and general
31location and extent of, and the criteria and standards for, the uses
32of land, water, air, space and other natural resources within the
33region, including but not limited to, an indication or allocation of
34maximum population densities and permitted uses.

35(2) A transportation plan for the integrated development of a
36regional system of transportation, including but not limited to
37parkways, highways, transportation facilities, transit routes,
38waterways, navigation facilities, public transportation facilities,
39bicycle facilities, and appurtenant terminals and facilities for the
P17   1movement of people and goods within the region. The goal of
2transportation planning shall be:

3(A) To reduce dependency on the automobile by making more
4effective use of existing transportation modes and of public transit
5to move people and goods within the region.

6(B) To reduce to the extent feasible air pollutionbegin delete whichend deletebegin insert thatend insert is
7caused by motor vehicles.

8Where increases in capacity are required, the agency shall give
9preference to providing such capacity through public transportation
10and public programs and projects related to transportation. The
11agency shall review and consider all existing transportation plans
12in preparing its regional transportation plan pursuant to this
13paragraph.

14The plan shall provide for an appropriate transit system for the
15region.

16The plan shall give consideration to:

17(A) Completion of the Loop Road in the States of Nevada and
18California;

19(B) Utilization of a light rail mass transit system in the south
20shore area; and

21(C) Utilization of a transit terminal in the Kingsbury Grade area.

22Until the regional plan is revised, or a new transportation plan
23is adopted in accordance with this paragraph, the agency has no
24effective transportation plan.

25(3) A conservation plan for the preservation, development,
26utilization, and management of the scenic and other natural
27resources within the basin, including but not limited to, soils,
28shoreline and submerged lands, scenic corridors along
29transportation routes, open spaces, recreational and historical
30facilities.

31(4) A recreation plan for the development, utilization, and
32 management of the recreational resources of the region, including
33but not limited to, wilderness and forested lands, parks and
34parkways, riding and hiking trails, beaches and playgrounds,
35marinas, areas for skiing and other recreational facilities.

36(5) A public services and facilities plan for the general location,
37scale and provision of public services and facilities, which, by the
38nature of their function, size, extent and other characteristics are
39necessary or appropriate for inclusion in the regional plan.

P18   1In formulating and maintaining the regional plan, the planning
2commission and governing body shall take account of and shall
3seek to harmonize the needs of the region as a whole, the plans of
4the counties and cities within the region, the plans and planning
5activities of the state, federal and other public agencies and
6nongovernmental agencies and organizations which affect or are
7concerned with planning and development within the region.

8(d) The regional plan shall provide for attaining and maintaining
9federal, state, or local air and water quality standards, whichever
10are strictest, in the respective portions of the region for which the
11standards are applicable.

12The agency may, however, adopt air or water quality standards
13or control measures more stringent than the applicable state
14implementation plan or the applicable federal, state, or local
15standards for the region, if it finds that such additional standards
16or control measures are necessary to achieve the purposes of this
17compact. Each element of the regional plan, where applicable,
18shall, by ordinance, identify the means and time schedule by which
19air and water quality standards will be attained.

20(e) Except for the Regional Transportation Plan of the California
21Tahoe Regional Planning Agency, the regional plan, ordinances,
22rules and regulations adopted by the California Tahoe Regional
23Planning Agency in effect on July 1, 1980, shall be the regional
24plan, ordinances, rules and regulations of the Tahoe Regional
25Planning Agency for that portion of the Tahoe region located in
26the State of California.begin delete Suchend deletebegin insert Theend insert plan, ordinance, rule or regulation
27may be amended or repealed by the governing body of the agency.
28The plans, ordinances, rules and regulations of the Tahoe Regional
29Planning Agency that do not conflict with, or are not addressed
30by, the California Tahoe Regional Planning Agency’s plans,
31ordinances, rules and regulations referred to in this subdivision
32shall continue to be applicable unless amended or repealed by the
33governing body of the agency. No provision of the regional plan,
34 ordinances, rules and regulations of the California Tahoe Regional
35Planning Agency referred to in this subdivision shall apply to that
36portion of the region within the State of Nevada, unless such
37provision is adopted for the Nevada portion of the region by the
38governing body of the agency.

P19   1(f) The regional plan, ordinances, rules and regulations of the
2Tahoe Regional Planning Agency apply to that portion of the region
3within the State of Nevada.

4(g) The agency shall adopt ordinances prescribing specific
5written findings that the agency must make prior to approving any
6project in the region. These findings shall relate to environmental
7protection and shall insure that the project under review will not
8adversely affect implementation of the regional plan and will not
9cause the adopted environmental threshold carrying capacities of
10the region to be exceeded.

11(h) The agency shall maintain the data, maps and other
12information developed in the course of formulating and
13administering the regional plan, in a form suitable to assure a
14consistent view of developmental trends and other relevant
15information for the availability of and use by other agencies of
16government and by private organizations and individuals
17concerned.

18(i) Where necessary for the realization of the regional plan, the
19agency may engage in collaborative planning with local
20governmental jurisdictions located outside the region, but
21contiguous to its boundaries. In formulating and implementing the
22regional plan, the agency shall seek the cooperation and consider
23the recommendations of counties and cities and other agencies of
24local government, of state and federal agencies, of educational
25institutions and research organizations, whether public or private,
26and of civic groups and private persons.

2728ARTICLE VI. AGENCY’S POWERS
29

30(a) The governing body shall adopt all necessary ordinances,
31rules, and regulations to effectuate the adopted regional plan.
32Except as otherwise provided in this compact, every such
33ordinance, rule or regulation shall establish a minimum standard
34applicable throughout the region. Any political subdivision or
35public agency may adopt and enforce an equal or higher
36requirement applicable to the same subject of regulation in its
37territory. The regulations of the agency shall contain standards
38including but not limited to the following: water purity and clarity;
39subdivision; zoning; tree removal; solid waste disposal; sewage
40disposal; landfills, excavations, cuts and grading; piers, harbors,
P20   1breakwaters or channels and other shoreline developments; waste
2disposal in shoreline areas; waste disposal from boats; mobilehome
3parks; house relocation; outdoor advertising; flood plain protection;
4soil and sedimentation control; air pollution; and watershed
5protection. Whenever possible without diminishing the
6effectiveness of the regional plan, the ordinances, rules, regulations
7and policies shall be confined to matters which are general and
8regional in application, leaving to the jurisdiction of the respective
9states, counties and cities the enactment of specific and local
10ordinances, rules, regulations and policies which conform to the
11regional plan.

12The agency shall prescribe by ordinance those activities which
13it has determined will not have substantial effect on the land, water,
14air, space or any other natural resources in the region and therefore
15will be exempt from its review and approval.

16Every ordinance adopted by the agency shall be published at
17least once by title in a newspaper or combination of newspapers
18whose circulation is general throughout the region. Except an
19ordinance adopting or amending the regional plan, no ordinance
20shall become effective until 60 days after its adoption. Immediately
21after its adoption, a copy of each ordinance shall be transmitted to
22the governing body of each political subdivision having territory
23within the region.

24(b) No project other than those to be reviewed and approved
25under the special provisions of subdivisions (d), (e), (f) and (g)
26may be developed in the region without obtaining the review and
27approval of the agency and no project may be approved unless it
28is found to comply with the regional plan and with the ordinances,
29rules and regulations enacted pursuant to subdivision (a) to
30effectuate that plan.

31The agency may approve a project in the region only after
32making the written findings required by this subdivision or
33subdivision (g) of Article V. Such findings shall be based on
34substantial evidence in the record.

35Before adoption by the agency of the ordinances required in
36subdivision (g) of Article V, the agency may approve a project in
37the region only after making written findings on the basis of
38substantial evidence in the record that the project is consistent with
39the regional plan then in effect and with applicable plans,
40ordinances, regulations and standards of federal and state agencies
P21   1relating to the protection, maintenance and enhancement of
2environmental quality in the region.

3(c) The Legislatures of the States of California and Nevada find
4that in order to make effective the regional plan as revised by the
5agency, it is necessary to halt temporarily works of development
6in the region which might otherwise absorb the entire capability
7of the region for further development or direct it out of harmony
8with the ultimate plan. Subject to the limitation provided in this
9subdivision, from the effective date of the amendments to this
10compact until the regional plan is amended pursuant to subdivision
11(c) of Article V, or until May 1, 1983, whichever is earlier:

12(1) Except as otherwise provided in this paragraph, no new
13subdivision, planned unit development, or condominium project
14may be approved unless a complete tentative map or plan has been
15approved before the effective date of the amendments to this
16compact by all agencies having jurisdiction. The subdivision of
17land owned by a general improvement district, which existed and
18owned the land before the effective date of the amendments to this
19compact, may be approved if subdivision of the land is necessary
20to avoid insolvency of the district.

21(2) Except as provided in paragraph (3), no apartment building
22may be erected unless the required permits for such building have
23been secured from all agencies having jurisdiction, prior to the
24effective date of the amendments to this compact.

25(3) During each of the calendar years 1980, 1981, and 1982 no
26city or county may issue building permits which authorize the
27construction of a greater number of new residential units within
28the region than were authorized within the region by building
29permits issued by that city or county during calendar year 1978.
30For the period of January through April, 1983 building permits
31authorizing the construction of no more thanbegin delete 1/3end deletebegin insert one-thirdend insert of that
32number may be issued by each such city or county. For purposes
33of this paragraph a “residential unit” means either a single family
34residence or an individual residential unit within a larger building,
35such as an apartment building, a duplex or a condominium.

36The Legislatures find the respective numbers of residential units
37authorized within the region during calendar year 1978 to be as
38follows:


P22   7

 

1. City of South Lake Tahoe and El Dorado County

(combined)   


 252

2.Placer County   

 278

3.Carson City   

  0

4.Douglas County   

 339

5.Washoe County   

 739

20P22  27

 

8(4) During each of the calendar years 1980, 1981 and 1982, no
9city or county may issue building permits which authorize
10construction of a greater square footage of new commercial
11buildings within the region than were authorized within the region
12by building permits for commercial purposes issued by that city
13or county during the calendar year 1978. For the period of January
14through April, 1983 building permits authorizing the construction
15of no more thanbegin delete 1/3end deletebegin insert one-thirdend insert the amount of that square footage
16may be issued by each such city or county.

17The Legislatures find the respective square footages of
18commercial buildings authorized within the region during calendar
19year 1978 to be as follows:

 

1. City of South Lake Tahoe and El Dorado County

(combined)   


64,324

2.Placer County   

23,000

3.Carson City   

   0

4.Douglas County   

57,354

5.Washoe County   

50,600

P22  27

 

28(5) No structure may be erected to house gaming under a
29nonrestricted license.

30(6) No facility for the treatment of sewage may be constructed
31or enlarged except:

32(A) To comply, as ordered by the appropriate state agency for
33the control of water pollution, with existing limitations of effluence
34under the Clean Water Act, 33 U.S.C.begin delete S1251end deletebegin insert Sec. 1251end insert et seq.,
35and the applicable state law for control of water pollution; or

36(B) To accommodate development which is not prohibited or
37limited by this subdivision; or

38(C) In the case of Douglas County Sewer District #1, to modify
39or otherwise alter sewage treatment facilities existing on the
40effective date of the amendments to this compact so that such
P23   1facilities will be able to treat the total volume of effluence for
2which they were originally designed which is 3.0 mgd. Such
3modification or alteration is not a “project”; is not subject to the
4requirements of Article VII; and does not require a permit from
5the agency. Before commencingbegin delete suchend deletebegin insert thatend insert modification or
6alternative, however, the district shall submit to the agency its
7report identifying any significant soil erosion problemsbegin delete whichend deletebegin insert thatend insert
8 may be caused by such modifications or alterations and the
9measuresbegin delete whichend deletebegin insert thatend insert the district proposes to take to mitigate or
10avoid such problems.

11The moratorium imposed by this subdivision does not apply to
12work done pursuant to a right vested before the effective date of
13the amendments to this compact. Notwithstanding the expiration
14date of the moratorium imposed by this subdivision, no new
15highway may be built or existing highway widened to
16accommodate additional continuous lanes for automobiles until
17the regional transportation plan is revised and adopted.

18The moratorium imposed by this subdivision does not apply to
19the construction of any parking garagebegin delete whichend deletebegin insert thatend insert has been
20approved by the agency prior to May 4, 1979, whether that
21approval was affirmative or by default. The provisions of this
22paragraph are not an expression of legislative intent that any such
23parking garage, the approval of which is the subject of litigation
24which was pending on the effective date of the amendments to this
25compact, should, or should not, be constructed. The provisions of
26this paragraph are intended solely to permit construction of such
27a parking garage if judgment sustaining the agency’s approval to
28construct that parking garage has become final and no appeal is
29pending or may lawfully be taken to a higher court.

30(d) Subject to the final order of any court of competent
31jurisdiction entered in litigation contesting the validity of an
32approval by the Tahoe Regional Planning Agency, whether that
33approval was affirmative or by default, if that litigation was
34pending on May 4, 1979, the agency and the States of California
35and Nevada shall recognize as a permitted and conforming use:

36(1) Every structure housing gaming under a nonrestricted license
37which existed as a licensed gaming establishment on May 4, 1979,
38or whose construction was approved by the Tahoe Regional
39Planning Agency affirmatively or deemed approved before that
40date. The construction or use of any structure to house gaming
P24   1under a nonrestricted license not so existing or approved, or the
2enlargement in cubic volume of any such existing or approved
3structure is prohibited.

4(2) Every other nonrestricted gaming establishment whose use
5was seasonal and whose license was issued before May 4, 1979,
6for the same season and for the number and type of games and slot
7machines on which taxes or fees were paid in the calendar year
81978.

9(3) Gaming conducted pursuant to a restricted gaming license
10issued before May 4, 1979, to the extent permitted by that license
11on that date. The area within any structure housing gaming under
12a nonrestricted license which may be open to public use (as distinct
13from that devoted to the private use of guests and exclusive of any
14parking area) is limited to the area existing or approved for public
15use on May 4, 1979. Within these limits, any external modification
16of the structure which requires a permit from a local government
17also requires approval from the agency. The agency shall not permit
18restaurants, convention facilities, showrooms or other public areas
19to be constructed elsewhere in the region outside the structure in
20order to replace areas existing or approved for public use on May
214, 1979.

22(e) Any structure housing licensed gaming may be rebuilt or
23replaced to a size not to exceed the cubic volume, height and land
24coverage existing or approved on May 4, 1979, without the review
25or approval of the agency or any planning or regulatory authority
26of the State of Nevada whose review or approval would be required
27for a new structure.

28(f) The following provisions apply to any internal or external
29modification, remodeling, change in use, or repair of a structure
30housing gaming under a nonrestricted license which is not
31prohibited by subdivision (d):

32(1) The agency’s review of an external modification of the
33structure which requires a permit from a local government is
34limited to determining whether the external modification will do
35any of the following:

36(A) Enlarge the cubic volume of the structure;

37(B) Increase the total square footage of area open to or approved
38for public use on May 4, 1979;

39(C) Convert an area devoted to the private use of guests to an
40area open to public use;

P25   1(D) Increase the public area open to public use which is used
2for gaming beyond the limits contained in paragraph (3); and

3(E) Conflict with or be subject to the provisions of any of the
4agency’s ordinances that are generally applicable throughout the
5region.

6The agency shall make this determination within 60 days after
7the proposal is delivered to the agency in compliance with the
8agency’s rules or regulations governing such delivery unless the
9applicant has agreed to an extension of this time limit. If an external
10modification is determined to have any of the effects enumerated
11in subparagraphs (A) through (C), it is prohibited. If an external
12modification is determined to have any of the effects enumerated
13in subparagraphs (D) or (E), it is subject to the applicable
14provisions of this compact. If an external modification is
15determined to have no such effect, it is not subject to the provisions
16of this compact.

17(2) Except as provided in paragraph (3), internal modification,
18remodeling, change in use or repair of a structure housing gaming
19under a nonrestricted license is not a project and does not require
20the review or approval of the agency.

21(3) Internal modification, remodeling, change in use or repair
22of areas open to the public use within a structure housing gaming
23under a nonrestricted license which alone or in combination with
24any other such modification, remodeling, change in use or repair
25will increase the total portion of those areas which are used for
26gaming by more than the product of the total base area, as defined
27below, in square feet existing on or approved before August 4,
281980, multiplied by 15 percent constitutes a project and is subject
29 to all of the provisions of this compact relating to projects. For
30purposes of this paragraph and the determination required by
31subdivision (g), base area means all of the area within a structure
32housing gaming under a nonrestricted license which may be open
33to public use, whether or not gaming is actually conducted or
34carried on in that area, except retail stores, convention centers and
35meeting rooms, administrative offices, kitchens, maintenance and
36storage areas, rest rooms, engineering and mechanical rooms,
37accounting rooms and counting rooms.

38(g) In order to administer and enforce the provisions of
39subdivisions (d), (e) and (f), the State of Nevada, through its
40appropriate planning or regulatory agency, shall require the owner
P26   1or licensee of a structure housing gaming under a nonrestricted
2license to provide:

3(1) Documents containing sufficient information for the Nevada
4 agency to establish the following relative to the structure:

5(A) The location of its external walls;

6(B) Its total cubic volume;

7(C) Within its external walls, the area in square feet open or
8approved for public use and the area in square feet devoted to or
9approved for the private use of guests on May 4, 1979;

10(D) The amount of surface area of land under the structure; and

11(E) The base area as defined in paragraph (3) of subdivision (f)
12in square feet existing on or approved before August 4, 1980.

13(2) An informational report whenever any internal modification,
14remodeling, change in use, or repair will increase the total portion
15of the areas open to public use which is used for gaming.

16The Nevada agency shall transmit this information to the Tahoe
17Regional Planning Agency.

18(h) Gaming conducted pursuant to a restricted gaming license
19is exempt from review by the agency if it is incidental to the
20primary use of the premises.

21(i) The provisions of subdivisions (d) and (e) are intended only
22to limit gaming and related activities as conducted within a gaming
23establishment, or construction designed to permit the enlargement
24of such activities, and not to limit any other use of property zoned
25for commercial use or the accommodation of tourists, as approved
26by the agency.

27(j) Legal actions arising out of or alleging a violation of the
28provisions of this compact, of the regional plan or of an ordinance
29or regulation of the agency or of a permit or a condition of a permit
30issued by the agency are governed by the following provisions:

31(1) This subdivision applies to:

32(A) Actions arising out of activities directly undertaken by the
33agency.

34(B) Actions arising out of the issuance to a person of a lease,
35permit, license or other entitlement for use by the agency.

36(C) Actions arising out of any other act or failure to act by any
37person or public agency.

38begin deleteSuch end deletebegin insertThose end insertlegal actions may be filed and the provisions of this
39 subdivision apply equally in the appropriate courts of California
40and Nevada and of the United States.

P27   1(2) Venue lies:

2(A) If a civil or criminal action challenges an activity by the
3agency or any person which is undertaken or to be undertaken
4upon a parcel of real property, in the state or federal judicial district
5where the real property is situated.

6(B) If an action challenges an activity which does not involve
7a specific parcel of land (such as an action challenging an ordinance
8of the agency), in any state or federal court having jurisdiction
9within the region.

10(3) Any aggrieved person may file an action in an appropriate
11court of the State of California or Nevada or of the United States
12alleging noncompliance with the provisions of this compact or
13 with an ordinance or regulation of the agency. In the case of
14governmental agencies, “aggrieved person” means the Tahoe
15Regional Planning Agency or any state, federal or local agency.
16In the case of any person other than a governmental agency who
17challenges an action of the Tahoe Regional Planning Agency,
18“aggrieved person” means any person who has appeared, either in
19person, through an authorized representative, or in writing, before
20the agency at an appropriate administrative hearing to register
21objection to the action which is being challenged, or who had good
22cause for not making such an appearance.

23(4) A legal action arising out of the adoption or amendment of
24the regional plan or of any ordinance or regulation of the agency,
25or out of the granting or denial of any permit, shall be commenced
26within 60 days after final action by the agency. All other legal
27actions shall be commenced within 65 days after discovery of the
28cause of action.

29(5) begin insert(A)end insertbegin insertend insert In any legal action filed pursuant to this subdivision
30begin delete whichend deletebegin insert thatend insert challenges an adjudicatory act or decision of the agency
31to approve or disapprove a project, the scope of judicial inquiry
32shall extend only to whether there was prejudicial abuse of
33discretion. Prejudicial abuse of discretion is established if the
34agency has not proceeded in a manner required by law or if the
35act or decision of the agency was not supported by substantial
36evidence in light of the whole record. In making such a
37determination the court shall not exercise its independent judgment
38on evidence but shall only determine whether the act or decision
39was supported by substantial evidence in light of the whole record.
40In any legal action filed pursuant to this subdivisionbegin delete whichend deletebegin insert thatend insert
P28   1 challenges a legislative act or decision of the agency (such as the
2adoption of the regional plan and the enactment of implementing
3ordinances), the scope of the judicial inquiry shall extend only to
4the questions of whether the act or decision has been arbitrary,
5capricious or lacking substantial evidentiary support or whether
6the agency has failed to proceed in a manner required by law.

begin insert

7(B) (i) When adopting or amending a regional plan, the agency
8shall act in accordance with the requirements of the compact and
9its implementing ordinances, rules, and regulations, and a party
10challenging the regional plan has the burden of showing that the
11regional plan is not in conformance with those requirements.

end insert
begin insert

12(ii) When taking an action or making a decision, the agency
13shall act in accordance with the requirements of the compact and
14the regional plan, including its implementing ordinances, rules,
15and regulations, and a party challenging the action or decision
16has the burden of showing that the act or decision is not in
17conformance with those requirements.

end insert

18(6) The provisions of this subdivision do not apply to any legal
19proceeding pending on the date when this subdivision becomes
20effective. Any such legal proceeding shall be conducted and
21concluded under the provisions of law which were applicable prior
22to the effective date of this subdivision.

23(7) The security required for the issuance of a temporary
24restraining order or preliminary injunction based upon an alleged
25violation of this compact or any ordinance, plan, rule or regulation
26adopted pursuant thereto is governed by the rule or statute
27applicable to the court in which the action is brought unless the
28action is brought by a public agency or political subdivision to
29enforce its own rules, regulations and ordinances in which case
30no security shall be required.

31(k) 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(l) Any person who violates any provision of this compact or
39of any ordinance or regulation of the agency or of any condition
40of approval imposed by the agency is subject to a civil penalty not
P29   1to exceed five thousand dollars ($5,000). Any such person is
2subject to an additional civil penalty not to exceed five thousand
3dollars ($5,000) per day, for each day on which such a violation
4persists. In imposing the penalties authorized by this subdivision,
5the court shall consider the nature of the violation and shall impose
6a greater penalty if it was willful or resulted from gross negligence
7than if it resulted from inadvertence or simple negligence.

8(m) The agency is hereby empowered to initiate, negotiate and
9participate in contracts and agreements among the local
10governmental authorities of the region, or any other
11intergovernmental contracts or agreements authorized by state or
12federal law.

13(n) Each intergovernmental contract or agreement shall provide
14for its own funding and staffing, but this shall not preclude financial
15contributions from the local authorities concerned or from
16supplementary sources.

17(o) Every record of the agency, whether public or not, shall be
18open for examination to the Legislature and Controller of the State
19of California and the Legislative Auditor of the State of Nevada.

20(p) Approval by the agency of any project expiresbegin delete 3end deletebegin insert threeend insert years
21after the date of final action by the agency or the effective date of
22the amendments to this compact, whichever is later, unless
23construction is begun within that time and diligently pursued
24thereafter, or the use or activity has commenced. In computing the
25begin delete 3-yearend deletebegin insert three-yearend insert period any period of time during which the
26project is the subject of a legal action which delays or renders
27impossible the diligent pursuit of that project shall not be counted.
28Any license, permit or certificate issued by the agency which has
29an expiration date shall be extended by that period of time during
30which the project is the subject of such legal action as provided in
31this subdivision.

32(q) The governing body shall maintain a current list of real
33property known to be available for exchange with the United States
34or with other owners of real property in order to facilitate
35exchanges of real property by owners of real property in the region.

P30   1ARTICLE VII. ENVIRONMENTAL IMPACT
2STATEMENTS
3

4(a) The Tahoe Regional Planning Agency when acting upon
5matters that have a significant effect on the environment shall:

6(1) Utilize a systematic, interdisciplinary approach which will
7insure the integrated use of the natural and social sciences and the
8environmental design arts in planning and in decisionmaking which
9may have an impact on man’s environment;

10(2) Prepare and consider a detailed environmental impact
11statement before deciding to approve or carry out any project. The
12detailed environmental impact statement shall include the
13following:

14(A) The significant environmental impacts of the proposed
15project;

16(B) Any significant adverse environmental effects which cannot
17be avoided should the project be implemented;

18(C) Alternatives to the proposed project;

19(D) Mitigation measures which must be implemented to assure
20meeting standards of the region;

21(E) The relationship between local short-term uses of man’s
22environment and the maintenance and enhancement of long-term
23productivity;

24(F) Any significant irreversible and irretrievable commitments
25of resources which would be involved in the proposed project
26should it be implemented; and

27(G) The growth-inducing impact of the proposed project;

28(3) Study, develop and describe appropriate alternatives to
29recommended courses of action for any project which involves
30unresolved conflicts concerning alternative uses of available
31resources;

32(4) Make available to states, counties, municipalities, institutions
33and individuals, advice and information useful in restoring,
34maintaining and enhancing the quality of the region’s environment;
35and

36(5) Initiate and utilize ecological information in the planning
37and development of resource-oriented projects.

38(b) Prior to completing an environmental impact statement, the
39agency shall consult with and obtain the comments of any federal,
40state or local agency which has jurisdiction by law or special
P31   1expertise with respect to any environmental impact involved.
2Copies of such statement and the comments and views of the
3appropriate federal, state and local agencies which are authorized
4to develop and enforce environmental standards shall be made
5available to the public and shall accompany the project through
6the review processes. The public shall be consulted during the
7environmental impact statement process and views shall be
8solicited during a public comment period not to be less than 60
9days.

10(c) Any environmental impact statement required pursuant to
11this article need not repeat in its entirety any information or data
12which is relevant to such a statement and is a matter of public
13record or is generally available to the public, such as information
14contained in an environmental impact report prepared pursuant to
15the California Environmental Quality Act or a federal
16environmental impact statement prepared pursuant to the National
17Environmental Policy Act of 1969. However,begin delete suchend deletebegin insert theend insert information
18or data shall be briefly described in the environmental impact
19statement and its relationship to the environmental impact statement
20shall be indicated.

21In addition, any person may submit information relative to a
22proposed project which may be included, in whole or in part, in
23any environmental impact statement required by this article.

24(d) In addition to the written findings specified by agency
25ordinance to implement the regional plan, the agency shall make
26either of the following written findings before approving a project
27for which an environmental impact statement was prepared:

28(1) Changes or alterations have been required in or incorporated
29into such project which avoid or reduce the significant adverse
30environmental effects to a less than significant level; or

31(2) Specific considerations, such as economic, social or
32technical, make infeasible the mitigation measures or project
33alternatives discussed in the environmental impact statement on
34the project.

35A separate written finding shall be made for each significant
36effect identified in the environmental impact statement on the
37project. All written findings must be supported by substantial
38evidence in the record.

39(e) The agency may charge and collect a reasonable fee from
40any person proposing a project subject to the provisions of this
P32   1compact in order to recover the estimated costs incurred by the
2agency in preparing an environmental impact statement under this
3article.

4(f) The agency shall adopt by ordinance a list of classes of
5projects which the agency has determined will not have a
6significant effect on the environment and therefore will be exempt
7from the requirement for the preparation of an environmental
8impact statement under this article. Prior to adopting the list, the
9agency shall make a written finding supported by substantial
10evidence in the record that each class of projects will not have a
11significant effect on the environment.

1213ARTICLE VIII. FINANCES
14

15(a) On or before September 30 of each calendar year the agency
16shall establish the amount of money necessary to support its
17activities for the next succeeding fiscal year commencing July 1
18of the following year. The agency shall apportion seventy-five
19thousand dollars ($75,000) of this amount among the counties
20within the region on the same ratio to the total sum required as the
21full cash valuation of taxable property within the region in each
22county bears to the total full cash valuation of taxable property
23within the region. In addition, each county within the region in
24California shall pay eighteen thousand seven hundred fifty dollars
25($18,750) to the agency and each county within the region in
26Nevada, including Carson City, shall pay twelve thousand five
27hundred dollars ($12,500) to the agency, from any funds available
28therefor. The State of California and the State of Nevada may pay
29to the agency by July 1, of each year any additional sums necessary
30to support the operations of the agency pursuant to this compact.
31If additional funds are required, the agency shall make a request
32for the funds to the States of California and Nevada. Requests for
33state funds must be apportioned two-thirds from California and
34one-third from Nevada. Money appropriated shall be paid within
3530 days.

36(b) The agency may fix and collect reasonable fees for any
37services rendered by it.

38(c) The agency shall submit an itemized budget to the states for
39review with any request for state funds, shall be strictly accountable
40to any county in the region and the states for all funds paid by them
P33   1to the agency and shall be strictly accountable to all participating
2bodies for all receipts and disbursement.

3(d) The agency is authorized to receive gifts, donations,
4subventions, grants, and other financial aids and funds; but the
5agency may not own land except as provided in subdivision (i) of
6Article III.

7(e) The agency shall not obligate itself beyond the moneys due
8under this article for its support from the several counties and the
9states for the current fiscal year, plus any moneys on hand or
10irrevocably pledged to its support from other sources. No obligation
11contracted by the agency shall bind either of the party states or
12any political subdivision thereof.

1314ARTICLE IX. TRANSPORTATION DISTRICT
15

16(a) The Tahoe Transportation District is hereby established as
17a special purpose district authorized and operating under the federal
18authority provided by Public Law 96-551. The boundaries of the
19district are conterminous with those of the region as established
20under Public Law 96-551 for the Tahoe Regional Planning Agency.

21(b) The business of the district shall be managed by a board of
22directors consisting of the following members:

23(1) One member of the Board of Supervisors of each of the
24Counties of El Dorado and Placer appointed by the respective
25board of supervisors.

26(2) One member of the City Council of South Lake Tahoe
27appointed by the city council.

28(3) One member each of the Board of County Commissioners
29of Douglas County and Washoe County appointed by the respective
30board of county commissioners.

31(4) One member of the Board of Supervisors of Carson City
32appointed by the board of supervisors.

33(5) One member of the South Shore Transportation Management
34Association, or its successor organization, appointed by the
35association.

36(6) One member of the North Shore Transportation Management
37Association, or its successor organization, appointed by the
38association.

39(7) One member of each local transportation district in the region
40that is authorized by the State of Nevada or the State of California.

P34   1(8) One member appointed by a majority of the other voting
2directors who represents a public or private transportation system
3operating in the region.

4(9) The Director of the Department of Transportation of the
5State of California.

6(10) The Director of the Department of Transportation of the
7State of Nevada.

8(c) Any appointing authority may designate an alternate.

9(d) Before a member is appointed pursuant to paragraph (7) of
10subdivision (b), the local transportation district of which the person
11is a member and the Tahoe Transportation District shall agree in
12writing on the allocation of fiscal and policy responsibilities
13between the two entities, including, but not limited to, the
14distribution of revenue.

15(e) The Director of the Department of Transportation of the
16State of California and the Director of the Department of
17Transportation of the State of Nevada shall serve as nonvoting
18directors, but shall provide technical and professional advice to
19the district as necessary and appropriate.

20(f) The affirmative vote of at least a majority of the directors
21shall be required for the transaction of any business of the board
22of directors. If a majority of votes in favor of an action are not
23cast, an action of rejection shall be deemed to have been taken.

24(g) The district may by resolution establish procedures for the
25adoption of its budgets, the appropriation of money, and the
26carrying on of its other financial activities. Those procedures shall
27conform insofar as is practicable to the procedures for financial
28administration of the State of California or the State of Nevada or
29one or more of the local governments in the district.

30(h) The district may, in accordance with its adopted
31transportation plan, do all of the following:

32(1) Own and operate a public transportation system to the
33exclusion of all other publicly owned transportation systems in
34the region.

35(2) Own and operate support facilities for public or private
36transportation systems, including, but not limited to, parking lots,
37 maintenance facilities, terminals, and related equipment, including
38revenue collection devices.

P35   1(3) Acquire and enter into agreements to operate upon mutually
2acceptable terms any public or private transportation system or
3facility within the region.

4(4) Hire the employees of existing public transportation systems
5that are acquired by the district, without loss of benefits to the
6employees, bargain collectively with the employees, and extend
7pension and other collateral benefits to employees.

8(5) Fix the rates and charges for transportation services provided
9pursuant to this article.

10(6) Issue revenue bonds and other evidence of indebtedness and
11make other financial arrangements appropriate for developing and
12operating a public transportation system.

13(7) Contract with private companies to provide supplementary
14transportation or provide any of the services needed in operating
15a system of transportation for the region.

16(8) Contract with local governments in the region to operate
17transportation facilities and services under mutually agreeable
18terms and conditions.

19(9) By resolution, determine and propose for adoption a tax for
20the purpose of obtaining services of the district. The proposed tax
21shall be of general and of uniform operation throughout the region
22and may not be graduated in any way, except for a sales and use
23tax. If a sales and use tax is approved by the voters, as provided
24in this paragraph, it may be administered through the State of
25California and the State of Nevada, respectively, in accordance
26with the laws that apply within their respective jurisdictions and
27shall not exceed a rate of 1 percent of the gross receipts from the
28sale of tangible personal property sold in the district. The district
29is prohibited from imposing an ad valorem tax, a tax measured by
30gross or net receipts on business, a tax or charge that is assessed
31against persons or vehicles as they enter or leave the region, or
32any tax, direct or indirect, on gaming tables and devices. Any such
33proposition shall be submitted to the voters of the district and shall
34become effective upon approval in accordance with the applicable
35voter approval requirement for the voters voting on the proposition
36who reside in the State of California and upon approval in
37accordance with the applicable voter approval requirement for the
38voters voting on the proposition who reside in the State of Nevada.
39The revenues from the tax shall be used for the services for which
40it was imposed and for no other purpose.

P36   1(10) Provide services from inside the region to convenient
2airport, railroad, and bus terminals without regard to the boundaries
3of the region.

4(11) If the Legislature of the State of California or the State of
5Nevada authorizes the creation of local transportation districts at
6Lake Tahoe, these local districts shall be entitled to a voting seat
7on the board of directors. Prior to assuming that seat, the local
8district and the district shall agree in writing on the allocation of
9fiscal and policy responsibilities between the two entities,
10including, but not limited to, the distribution of any voter-approved
11revenues. If a seat is assumed under this subdivision, the voting
12requirements under subdivision (e) shall be deemed adjusted by
13operation of law to require a majority vote to take action.

14(12) The Legislature of the State of California and the
15Legislature of the State of Nevada may, by substantially identical
16enactments, amend this article.

1718ARTICLE X. MISCELLANEOUS
19

20(a) It is intended that the provisions of this compact shall be
21reasonably and liberally construed to effectuate the purposes
22thereof. Except as provided in subdivision (c), the provisions of
23this compact shall be severable and if any phrase, clause, sentence
24or provision of this compact is declared to be contrary to the
25Constitution of any participating state or of the United States or
26the applicability thereof to any government, agency, person or
27circumstance is held invalid, the validity of the remainder of this
28compact and the applicability thereof to any government, agency,
29person or circumstance shall not be affected thereby. If this
30compact shall be held contrary to the Constitution of any state
31participating therein, the compact shall remain in full force and
32 effect as to the remaining state and in full force and effect as to
33the state affected as to all severable matters.

34(b) The agency shall have such additional powers and duties as
35may hereafter be delegated or imposed upon it from time to time
36by the action of the Legislature of either state concurred in by the
37Legislature of the other.

38(c) A state party to this compact may withdraw therefrom by
39enacting a statute repealing the compact. Notice of withdrawal
40shall be communicated officially and in writing to the Governor
P37   1of the other state and to the agency administrators. This provision
2is not severable, and if it is held to be unconstitutional or invalid,
3no other provision of this compact shall be binding upon the State
4of Nevada or the State of California.

5(d) No provision of this compact shall have any effect upon the
6allocation, distribution or storage of interstate waters or upon any
7appropriative water right.

8begin insert

begin insertSEC. end insertbegin insert3.end insert  

end insert

begin insertSection 66802 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
9read:end insert

begin insert
10

begin insert66802.end insert  

(a) The Legislature finds and declares all of the
11following:

12(1) The State of California, by and through the Governor, agrees
13to cooperate with the State of Nevada in seeking to have
14amendments to Section 66801 made by Senate Bill 630 of the
152013-14 Regular Session ratified by Congress as amendments to
16the Tahoe Regional Planning Compact.

17(2) The State of California supports the full implementation of
18the regional plan update adopted by the Tahoe Regional Planning
19Agency in December 2012.

20(3) The State of California acknowledges the authority of either
21the State of California or the State of Nevada to withdraw from
22 the Tahoe Regional Planning Compact pursuant to subdivision
23(c) of Article X of the compact, or pursuant to any other provision
24of the laws of each respective state.

25(b) The Secretary of the Senate shall transmit certified copies
26of Senate Bill 630 of the 2013-14 Regular Session to the Governor
27of the State of Nevada and the governing body of the Tahoe
28Regional Planning Agency, and shall also provide two certified
29copies of that legislation to the Secretary of the State of Nevada
30for delivery to the respective houses of its Legislature.

end insert
31begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act shall not become effective unless on or before
32January 1, 2014, the Governor issues a written declaration stating
33that the State of Nevada has enacted substantially similar
34legislation to this act, and that the Nevada legislation became
35operative on or before January 1, 2014.

end insert
begin delete
36

SEC. 2.  

Section 67022.5 is added to the Government Code, to
37read:

38

67022.5.  

“Environmental threshold carrying capacity” means
39an environmental standard necessary to maintain a significant
40scenic, recreational, educational, scientific, or natural value of the
P38   1region or to maintain public health and safety within the region.
2Those standards shall include, but not be limited to, standards for
3air quality, water quality, soil conservation, vegetation preservation,
4and noise.

5

SEC. 3.  

Section 67022.7 is added to the Government Code, to
6read:

7

67022.7.  

“Feasible” means capable of being accomplished in
8a successful manner within a reasonable period of time, taking
9into account economic, environmental, social, and technological
10factors.

11

SEC. 4.  

Section 67023 of the Government Code is amended
12to read:

13

67023.  

“Governing body” means the governing board of the
14California Tahoe Regional Planning Agency.

15

SEC. 5.  

Section 67025 of the Government Code is amended
16to read:

17

67025.  

“Interim plan” shall mean the interim regional plan
18adopted pending the adoption of the regional plan. For purposes
19of this title, the interim regional plan shall be the regional plan
20adopted by the Tahoe Regional Planning Agency on December
2112, 2012, as the plan is required to be modified by Section 67070.
22Unless the context otherwise requires, the provisions of this title
23concerning the regional plan shall also apply to the interim plan.

24

SEC. 6.  

Section 67027 is added to the Government Code, to
25read:

26

67027.  

“Project” means an activity undertaken by any person,
27including any public agency, if the activity may substantially affect
28the land, water, air, space, or any other natural resources of the
29region.

30

SEC. 7.  

Section 67041 of the Government Code is repealed.

31

SEC. 8.  

Section 67041 is added to the Government Code, to
32read:

33

67041.  

The governing body of the agency shall contain the
34following nine members:

35(a) One member appointed by the Governor who shall be an
36member of the Board of Supervisors of the County of El Dorado
37or the Board of Supervisors of the County of Placer, and one
38member appointed by the Governor who shall be an elected
39member of the city council of the City of South Lake Tahoe. Both
40of these appointees are subject to Senate confirmation.

P39   1(b) Three members appointed by the Governor who have a
2demonstrated interest and appreciation for the natural beauty and
3economic productivity of the Lake Tahoe region who shall
4represent the public at large and the geographic diversity of
5California. All of these appointees are subject to Senate
6confirmation.

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

8(d) Two members appointed by the Speaker of the California
9Assembly.

10

SEC. 9.  

Section 67049 of the Government Code is amended
11to read:

12

67049.  

A technical advisory committee shall be appointed by
13the agency. The committee shall include, but shall not be limited
14to, the following: the executive officer of the Tahoe Conservancy,
15the executive officer of the State Lands Commission, the chief
16planning officers of Placer County, El Dorado County, and the
17City of South Lake Tahoe, the executive officer of the Lahontan
18Regional Water Quality Control Board or his designee, and the
19executive officer of the California Tahoe Regional Planning
20Agency who shall act as chairman. The agency shall request the
21participation of a representative of the governing board of the
22Nevada Tahoe Regional Planning Agency who is chosen by that
23body.

24

SEC. 10.  

Section 67061 of the Government Code is repealed.

25

SEC. 11.  

Section 67070 of the Government Code is amended
26to read:

27

67070.  

(a) The regional plan adopted by the Tahoe Regional
28Planning Agency on December 12, 2012, shall be considered the
29interim regional plan of the agency, except as provided in
30paragraphs (1) to (6), inclusive. Amendments to the interim plan
31or the adoption of a comprehensive long-term general plan and
32amendment to that plan shall comply with the rules and regulations
33prescribed in Section 67101. The agency shall implement the
34interim regional plan as follows:

35(1) No project may be developed in the region without obtaining
36the review and approval of the agency. Any delegated authority
37for the issuance of permits under areas plans is terminated as of
38January 1, 2014.

39(2) On or before October 1, 2015, the agency shall determine
40whether the boundaries of town center districts and regional center
P40   1districts are empirically shown to create a less auto-dependent
2development pattern, and, if not, the agency shall adjust the
3boundaries so that they promote that pattern.

4(3) Resort recreational districts shall be eliminated.

5(4) Provisions in the interim regional plan that allow up to 70
6percent land coverage shall be reduced to allow up to 50 percent
7land coverage.

8(5) Provisions in the interim regional plan that allow for the
9calculation of land coverage on an areawide basis shall be
10eliminated, and coverage shall be calculated on a per parcel basis.

11(6) Certification of compliance with all best management
12practices shall be a condition for the sale of commercial property
13parcels.

14(b) The Tahoe Regional Planning Agency environmental
15threshold carrying capacities for the region in effect on December
1612, 2012, shall be the agency’s environmental threshold carrying
17capacities unless and until the agency modifies those capacities.

18(c) Within one year after the effective date of the agency’s
19interim regional plan, the agency shall review the interim regional
20plan and either adopt it as the agency’s regional plan or, if
21necessary, alter it to ensure that, at a minimum, the plan and all
22its elements, as implemented through agency ordinances, rules,
23and regulations, achieves and maintains the environmental
24threshold carrying capacities. Each element of the plan shall contain
25implementation provisions and time schedules for implementation
26of the plan, prescribed by ordinance. The governing body shall
27continuously review and maintain the regional plan. The regional
28plan shall consist of one or more diagrams, or texts setting forth
29the projects and proposals for implementation of the regional plan,
30a description of the needs and goals of the region, and a statement
31of the policies, standards, and elements of the regional plan. The
32regional plan shall be a single, enforceable plan, which shall
33include all of the following elements:

34(1) A land use plan for the integrated arrangement and general
35location and extent of, and the criteria and standards for, the uses
36of land, water, air, space, and other natural resources within the
37region, including, but not limited to, an indication or allocation of
38maximum population densities and permitted uses.

39(2) (A) A transportation plan for the integrated development
40of a regional system of transportation, including, but not limited
P41   1to, parkways, highways, transportation facilities, transit routes,
2waterways, navigation facilities, public transportation facilities,
3bicycle facilities, and appurtenant terminals and facilities for the
4movement of people and goods within the region. Transportation
5planning shall include both of the following goals:

6(i) The reduction of dependency on the automobile by making
7more effective use of existing transportation modes and of public
8transit to move people and goods within the region.

9(ii) The reduction, to the extent possible, of feasible air pollution
10that is caused by motor vehicles.

11(B) If increases in capacity are required, the agency shall give
12preference to providing that capacity through public transportation
13and public programs and projects related to transportation. The
14agency shall review and consider all existing transportation plans
15in preparing its regional transportation plan pursuant to this
16paragraph. Until such time that the regional plan is revised, or a
17new transportation plan is adopted in accordance with this
18paragraph, the regional transportation plan adopted by the Tahoe
19Regional Planning Agency on December 12, 2012, shall be
20considered the interim transportation plan of the agency, to the
21extent that it is consistent with this section.

22(3) A conservation plan for the preservation, development,
23utilization, and management of the scenic and other natural
24resources within the Tahoe Basin, including, but not limited to,
25soils, shoreline and submerged lands, scenic corridors along
26transportation routes, open spaces, and recreational and historical
27facilities.

28(4) A recreational plan for the development, utilization, and
29management of the recreational resources of the region, including,
30but not limited to, wilderness and forested lands, parks and
31parkways, riding and hiking trails, beaches and playgrounds,
32marinas, and areas for skiing and other recreational facilities.

33(5) A public services and facilities plan for the general location,
34scale, and provision of public services and facilities, which, by
35nature of their function, size, extent, and other characteristics are
36necessary or appropriate for inclusion in the regional plan.

37(d) The regional plan shall provide for the attainment and
38maintenance of federal, state, or local air and water quality
39standards, whichever are most restrictive, in the respective areas
40of the region to which those standards apply. However, the agency
P42   1may adopt air or water quality standards or control measures that
2are more restrictive than the applicable state implementation plan
3or the applicable federal, state, or local standards for the region,
4if it finds that those additional standards or control measures are
5 necessary to achieve the purposes of this title. Each element of the
6regional plan, where applicable, shall, by ordinance, identify the
7means and time schedule by which air and water quality standards
8will be attained.

9

SEC. 12.  

Section 67072 of the Government Code is amended
10to read:

11

67072.  

All provisions of the regional plan shall be enforced
12by the agency and by the counties and cities in the region.

13

SEC. 13.  

Section 67072.1 is added to the Government Code,
14to read:

15

67072.1.  

(a) (1) Commencing January 1, 2014, a project shall
16not be developed in the region without obtaining the review and
17approval of the agency, and a project shall not be approved unless
18it is found by the agency to comply with the regional plan and with
19the ordinances, rules, and regulations enacted to effectuate that
20plan.

21(2) The agency may approve a project in the region only after
22making the written findings required by this subdivision or
23subdivision (b). Those findings shall be based on substantial
24evidence in the record.

25(3) The agency’s regulations shall permit the agency to approve
26a project in the region only after making written findings, on the
27basis of substantial evidence in the record, that the project is
28consistent with the regional plan then in effect, and consistent with
29applicable plans, ordinances, regulations, and standards of federal
30and state agencies relating to the protection, maintenance, and
31enhancement of environmental quality in the region.

32(b) The agency’s regulations shall prescribe specific written
33findings that the agency is required to make prior to approving
34any project in the region. These findings shall relate to
35environmental protection and shall ensure that the project under
36review will not adversely affect implementation of the regional
37plan and will not cause the adopted environmental threshold
38carrying capacities of the region to be exceeded.

39(c) If the agency is required to review or approve any project,
40public or private pursuant to this title or any ordinance, rule,
P43   1regulation, or policy adopted pursuant to this title, it shall take
2final action by vote, whether to approve, to require modification,
3or to reject the project, within 180 days after the application for
4the project is accepted as complete by the agency in compliance
5with the agency’ s rules and regulations governing the delivery
6unless the applicant has agreed to an extension of this time limit.
7If a final action by vote does not occur within 180 days, the
8applicant may bring an action in a court of competent jurisdiction
9to compel a vote unless he has agreed to an extension.

10(d) If the Tahoe Regional Planning Agency has issued a permit
11or otherwise approved a project before the date on which the State
12of Nevada withdraws from the Tahoe Regional Planning Compact,
13both of the following shall apply:

14(1) The permit or approval shall remain valid after that date.

15(2) The California Tahoe Regional Planning Agency shall
16assume the responsibility of enforcing the conditions, if any, of
17the approval or permit.

18(e) If an application was pending before the Tahoe Regional
19Planning Agency on the date on which the State of Nevada
20withdraws from the Tahoe Regional Planning Compact, the agency
21shall process the application based upon its regional plan and
22implementing ordinances.

23

SEC. 14.  

Section 67073 of the Government Code is repealed.

24

SEC. 15.  

Section 67074 of the Government Code is repealed.

25

SEC. 16.  

Section 67075 of the Government Code is amended
26to read:

27

67075.  

The agency shall maintain the data, maps, and other
28information developed in the course of formulating and
29administering the regional plan, in a form suitable to assure a
30consistent view of developmental trends and other relevant
31information for the availability of and use by other agencies of
32government and by private organizations and individuals
33concerned.

34

SEC. 17.  

Section 67100 of the Government Code is repealed.

35

SEC. 18.  

Section 67100 is added to the Government Code, to
36read:

37

67100.  

(a) The governing body shall adopt all necessary
38ordinances, rules, and regulations to effectuate the adopted regional
39plan. Except as otherwise provided in this title, every ordinance,
40rule, or regulation shall establish a minimum standard applicable
P44   1throughout the region. Any political subdivision or public agency
2may adopt and enforce an equal or more stringent requirement
3applicable to the same subject of regulation in its territory. The
4regulations of the agency shall contain standards, including, but
5not limited to, the following: water purity and clarity; subdivision;
6zoning; tree removal; solid waste disposal; sewage disposal;
7landfills, excavations, cuts and grading; piers, harbors, breakwaters,
8or channels, and other shoreline developments; waste disposal in
9shoreline areas; waste disposal from boats; mobilehome parks;
10house relocation; outdoor advertising; flood plain protection; soil
11and sedimentation control; air pollution; and watershed protection.

12(b) The agency shall prescribe by ordinance those activities that
13it has determined will not have substantial effect on land, water,
14air, space, or any other natural resources in the region and therefore
15will be exempt from its review and approval.

16

SEC. 19.  

Section 67101 of the Government Code is repealed.

17

SEC. 20.  

Section 67101 is added to the Government Code, to
18read:

19

67101.  

(a) The Tahoe Regional Planning Agency Code of
20Ordinances, which was adopted by the Tahoe Regional Planning
21Association Governing Board on December 12, 2012, and its Rules
22of Procedure, which were in effect on that date, shall be considered
23the interim agency ordinances and rules, with the exception of any
24requirements for the interim regional plan set forth in subdivision
25(a) of Section 67070. Unless the context otherwise requires, the
26requirements of this title concerning agency ordinances, rules, and
27regulations shall also apply to its interim ordinances, rules, and
28regulations.

29(b) Within 90 days of the effective date of the interim regional
30plan, the agency shall amend its interim agency ordinances and
31rules so that they conform to the requirements of subdivision (a)
32of Section 67070. Any amendments to the interim agency
33ordinances and rules shall be exempt from the requirements of
34Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
353 of Title 2.

36

SEC. 21.  

Section 67102 of the Government Code is amended
37to read:

38

67102.  

All ordinances, rules, regulations and policies required
39by this title, or adopted by the agency shall be enforced by the
40agency, and by the counties and cities.

P45   1

SEC. 22.  

Section 67103 of the Government Code is amended to
2read:

3

67103.  

All public works projects shall be reviewed prior to
4construction and approved by the agency as to the project’s
5compliance with the regional plan.

6

SEC. 23.  

Section 67103.1 of the Government Code is repealed.

7

SEC. 24.  

Section 67105 of the Government Code is amended
8to read:

9

67105.  

The agency shall police the region to ensure compliance
10with the regional plan and adopted ordinances, rules, regulations
11and policies. If it is found that the regional plan, or ordinances,
12rules, regulations and policies are not being enforced by a local
13jurisdiction, the agency may bring action in a court of competent
14jurisdiction to ensure compliance.

15

SEC. 25.  

Section 67106.2 is added to the Government Code,
16to read:

17

67106.2.  

(a) A legal action arising out of or alleging a violation
18of this title, the regional plan, or an ordinance or regulation of the
19agency or of a permit or a condition of a permit issued by the
20agency shall be governed by this section if it involves any of the
21following:

22(1) An action arising out of activities directly undertaken by the
23agency.

24(2) An action arising out of the issuance to a person of a lease,
25permit, license, or other entitlement for use by the agency.

26(3) An action arising out of any other act or failure to act by
27any person or public agency.

28(b) With regard to the venue for actions subject to this section,
29the following shall apply:

30(1) If a civil or criminal action challenges an activity by the
31agency or any person that is undertaken or to be undertaken upon
32a parcel of real property, it shall be filed in the county where the
33real property is situated or the County of Sacramento.

34(2) If an action challenges an activity that does not involve a
35specific parcel of land, including an action challenging an
36ordinance of the agency, it shall be filed in the County of El
37Dorado, Placer, or Sacramento.

38(c) Any aggrieved person may file an action in an appropriate
39court of the State of California alleging noncompliance with the
40provisions of this compact or with an ordinance or regulation of
P46   1the agency. In the case of governmental agencies, “aggrieved
2person” means the agency or any other state, federal, or local
3agency. In the case of any person other than a governmental agency
4who challenges an action of the agency, “aggrieved person” means
5any person who has appeared, either in person, through an
6authorized representative, or in writing, before the agency at an
7appropriate administrative hearing to register objection to the action
8which is being challenged, or who had good cause for not making
9an appearance.

10(d) Any aggrieved person shall have a right to judicial review
11of any administrative decision of the agency by filing a petition
12for a writ of mandate in accordance with Section 1094.5 of the
13Code of Civil Procedure, within 60 days after the decision has
14become final. All other legal actions shall be commenced within
15one year after discovery of the cause of action.

16(e) The agency shall monitor activities in the region and may
17bring enforcement actions in the region to ensure compliance with
18the regional plan and adopted ordinances, rules, regulations, and
19policies. If it is found that the regional plan, or ordinances, rules,
20regulations, and policies are not being enforced by a local
21jurisdiction, the agency may bring action in a court of competent
22jurisdiction to ensure compliance.

23(f) Any person who violates this title or of any ordinance or
24regulation of the agency or of any condition of approval imposed
25by the agency shall be subject to a civil penalty not to exceed five
26thousand dollars ($5,000). A person is subject to an additional civil
27penalty, not to exceed five thousand dollars ($5,000) per day, for
28each day on which a violation persists. In imposing the penalties
29authorized by this subdivision, the court shall consider the nature
30of the violation and shall impose a greater penalty if it was willful
31or resulted from gross negligence than if it resulted from
32inadvertence or simple negligence.

33(g) Approval by the agency of any project shall expire 3 years
34after the date of final action by either the agency or the Tahoe
35Regional Planning Agency, whichever is later, unless construction
36is begun within that time and diligently pursued thereafter, or the
37use or activity has commenced. In computing the 3-year period,
38any period of time during which the project is the subject of a legal
39action that delays or renders impossible the diligent pursuit of that
40project shall not be counted. Any license, permit, or certificate
P47   1issued by the agency that has an expiration date shall be extended
2by that period of time during which the project is the subject of
3the legal action as provided in this subdivision.

4

SEC. 26.  

Section 67107.1 is added to the Government Code,
5to read:

6

67107.1.  

(a) The Legislature hereby finds and declares that
7aquatic invasive species pose a serious threat to the waters and
8other natural resources of the Lake Tahoe region, and an equally
9serious threat to the region’s economy.

10(b) The agency shall work with appropriate federal, state, and
11local entities, as well as appropriate State of Nevada entities, to
12ensure lake wide aquatic species protection and control.

13

SEC. 27.  

Section 67109 of the Government Code is repealed.

14

SEC. 28.  

Section 67120 of the Government Code is amended
15to read:

16

67120.  

On or before December 30 of each calendar year, the
17agency shall establish, consistent with the usual practices of the
18Department of Finance with regard to funding requests to be
19included in the annual budget process, the amount of money
20necessary to support its activities for the next succeeding fiscal
21year commencing July 1 of the following year and transmit a
22request for that amount to the Legislature.

23

SEC. 29.  

Section 67125 of the Government Code is repealed.

24

SEC. 30.  

Sections 11 and 13 of this act shall not become
25operative if Nevada Senate Bill 271 of the 2011 Regular Session
26(Chapter 530 of the Statutes of 2011) is repealed on or before
27January 1, 2014.

end delete


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