Amended in Assembly August 20, 2013

Amended in Assembly August 6, 2013

Amended in Senate May 24, 2013

Amended in Senate April 2, 2013

Senate Bill No. 630

Introduced by Senators Pavley, Gaines, and Steinberg

February 22, 2013

An act to amend Section 66801 of, to add Section 66802 to, and to add and repeal Section begin delete 67126 end delete begin insert 66802.5 end insert of, the Government Code, begin insert and to amend Section 6217.6 of, and to add Section 6217.6.1 to, the Public Resources Code, end insert relating to the California Tahoe Regional Planning Agency.

LEGISLATIVE COUNSEL’S DIGEST

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

(1) 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,” as prescribed.

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.

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 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.

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.

This bill would require the begin delete California end delete Tahoe Regional Planning Agency, until January 1, 2018, to annually prepare and submit to the Department of Finance and the appropriate legislative budget committees a report, in a format established by the department, of the revenues provided to the agency by the States of Nevada and California, including a complete summary and explanation of the expenditure of the revenues received and expended by the agency.

begin delete

(2) This 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 delete begin insert

(2) Under existing law, the State Lands Commission may administer, sell, lease, or dispose of public lands owned or controlled by this state. Under existing law, with specified exceptions, all rental income received for surface uses upon lands under the jurisdiction of the commission is required to be deposited in the General Fund.

end insert begin insert

This bill would additionally exclude from the requirement for deposit of this rental income in the General Fund the rental income from surface uses for lands at Lake Tahoe. The bill would require this income to be deposited in the Lake Tahoe Science and Lake Improvement Account, which this bill would create in the General Fund. The bill would authorize the moneys in the account to be expended by the Natural Resources Agency, upon appropriation by the Legislature, with appropriate accounting to the States of Nevada and California. The bill would allow the funds in the account to be expended for activities and projects that include, but are not limited to, aquatic invasive species prevention projects, projects to provide public access to sovereign land in Lake Tahoe, and projects to improve near shore water quality monitoring, as specified. The bill would also authorize the moneys in the account to be expended for the costs associated with establishing and operating a bistate science-based advisory council, and would authorize the Secretary of Natural Resources to enter into a memorandum of agreement with the Nevada Department of Conservation and Natural Resources to establish the council. The bill would require the agency, or another agency designated by it, to annually make certain information available regarding any activity funded from the account.

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:

SECTION 1.  

The Legislature finds and declares all of the
following:

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

(b) The States of California and Nevada have agreed to two
amendments to the bistate compact. One proposed amendment
would clarify that a party challenging the Tahoe Regional Planning
Agency regional plan or an action of the Tahoe Regional Planning
Agency has the burden of proof. The second proposed amendment,
upon ratification by Congress, would direct the agency to ensure
that the regional plan reflects economic considerations in the Tahoe
basin. The purpose of this act, as summarized in this section, is to
ensure the continuation of the bistate compact and the Tahoe
Regional Planning Agency. begin insert The Tahoe Regional Planning Agency
has a duty, when adopting or amending the regional plan, to act
in accordance with the compact and the implementing ordinances,
rules, and regulations. end insert

(c) An agreement between the Governors of the States of
California and Nevada relating to the implementation of the bistate
compact was jointly announced by the governors of those states
on May 14, 2013, and the agreement is proposed to be codified in
2013 in Senate Bill 229 in Nevada and Senate Bill 630 in
California. Nevada Senate Bill 229 was signed into law on June
6, 2013 (Chapter 424, Nevada Statutes, 2013), by Nevada Governor
Brian Sandoval.

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

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

SEC. 2.  

Section 66801 of the Government Code is amended
to read:

66801.  

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

TAHOE REGIONAL PLANNING COMPACT
begin insert end insert

ARTICLE I. FINDINGS AND DECLARATIONS OF POLICY

(a) It is found and declared that:

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE II. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE III. ORGANIZATION

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

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

(1) California delegation:

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

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

(2) Nevada delegation:

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

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

(3) If any appointing authority under subparagraph (A) and (B)
of paragraph (1) and subparagraphs (A) or (B) of paragraph (2)
fails to make such an appointment within 60 days after the effective
date of the amendments to this compact or the occurrence of a
vacancy on the governing body, the governor of the state in which
the appointing authority is located shall make the appointment.
The term of any member so appointed shall be one year.

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

(5) Each member and employee of the agency shall disclose his
or her economic interests in the region within 10 days after taking
his or her seat on the governing board or being employed by the
agency and shall thereafter disclose any further economic interest
which he or she acquires, as soon as feasible after he or she
acquires it. As used in this paragraph, “economic interests” means:

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

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

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

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

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

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

(c) The members of the governing body serve at the pleasure
of the appointing authority in each case, but each appointment
shall be reviewed no less often than every four years. Members
may be reappointed.

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

(e) The position of a member of the governing body shall be
considered vacated upon his or her loss of any of the qualifications
required for his or her appointment and in such event the appointing
authority shall appoint a successor.

(f) The governing body shall elect from its own members a
chairperson and vice chairperson, whose terms of office shall be
two years, and who may be reelected. If a vacancy occurs in either
office, the governing body may fill such vacancy for the unexpired
term.

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

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

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

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

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

(h) An advisory planning commission shall be appointed by the
agency. The commission shall include: the chief planning officers
of Placer County, El Dorado County, and the City of South Lake
Tahoe in California and of Douglas County, Washoe County and
Carson City in Nevada, the executive officer of the Lahontan
Regional Water Quality Control Board of the State of California,
the executive officer of the Air Resources Board of the State of
California, the Director of the State Department of Conservation
and Natural Resources of the State of Nevada, the Administrator
of the Division of Environmental Protection in the State
Department of Conservation and Natural Resources of the State
of Nevada, the Administrator of the Lake Tahoe Management Unit
of the United States Forest Service, and at least four lay members
with an equal number from each state, at least one-half of whom
shall be residents of the region. Any official member may designate
an alternate.

The term of office of each lay member of the advisory planning
commission shall be two years. Members may be reappointed.

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

The advisory planning commission shall elect from its own
members a chairperson and a vice chairperson, whose terms of
office shall be two years and who may be reelected. If a vacancy
occurs in either office, the advisory planning commission shall fill
such vacancy for the unexpired term.

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

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

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

ARTICLE IV. PERSONNEL

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

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

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

ARTICLE V. PLANNING

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

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

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

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

(2) The owner or lessee of real property that would be affected
by such amendment, the governing body shall complete its action
on such amendment within 180 days after that request is accepted
as complete according to standards that must be prescribed by
ordinance of the agency.

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

(c) Within one year after the adoption of the environmental
threshold carrying capacities for the region, the agency shall amend
the 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. Each element of the plan shall contain
implementation provisions and time schedules for such
implementation by ordinance. The planning commission and
governing body shall continuously review and maintain the regional
plan, and, in so doing, shall ensure that the regional plan reflects
changing economic conditions and the economic effect of
regulation on commerce. The regional plan shall consist of a
diagram, or diagrams, and text, or texts setting forth the projects
and proposals for implementation of the regional plan, a description
of the needs and goals of the region and a statement of the policies,
standards and elements of the regional plan.

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

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

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

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

(B) To reduce to the extent feasible air pollution that is caused
by motor vehicles.

If increases in capacity are required, the agency shall give
preference to providing that capacity through public transportation
and public programs and projects related to transportation. The
agency shall review and consider all existing transportation plans
in preparing its regional transportation plan pursuant to this
paragraph.

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

The plan shall give consideration to:

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

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

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

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

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

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

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

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

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

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

(e) Except for the Regional Transportation Plan of the California
Tahoe Regional Planning Agency, the regional plan, ordinances,
rules and regulations adopted by the California Tahoe Regional
Planning Agency in effect on July 1, 1980, shall be the regional
plan, ordinances, rules and regulations of the Tahoe Regional
Planning Agency for that portion of the Tahoe region located in
the State of California. The plan, ordinance, rule or regulation may
be amended or repealed by the governing body of the agency. The
plans, ordinances, rules and regulations of the Tahoe Regional
Planning Agency that do not conflict with, or are not addressed
by, the California Tahoe Regional Planning Agency’s plans,
ordinances, rules and regulations referred to in this subdivision
shall continue to be applicable unless amended or repealed by the
governing body of the agency. No provision of the regional plan,
ordinances, rules and regulations of the California Tahoe Regional
Planning Agency referred to in this subdivision shall apply to that
portion of the region within the State of Nevada, unless such
provision is adopted for the Nevada portion of the region by the
governing body of the agency.

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

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

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

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

ARTICLE VI. AGENCY’S POWERS

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

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

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

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

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

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

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

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

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

(3) During each of the calendar years 1980, 1981, and 1982 no
city or county may issue building permits which authorize the
construction of a greater number of new residential units within
the region than were authorized within the region by building
permits issued by that city or county during the calendar year 1978.
For the period of January through April 1983, building permits
authorizing the construction of no more than one-third of that
number may be issued by each such city or county. For purposes
of this paragraph, a “residential unit” means either a single family
residence or an individual residential unit within a larger building,
such as an apartment building, a duplex, or a condominium.

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

 

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

 

(4) During each of the calendar years 1980, 1981, and 1982, no
city or county may issue building permits which authorize
construction of a greater square footage of new commercial
buildings within the region than were authorized within the region
by building permits for commercial purposes issued by that city
or county during the calendar year 1978. For the period of January
through April 1983, building permits authorizing the construction
of no more than one-third the amount of that square footage may
be issued by each such city or county.

The Legislatures find the respective square footages of
commercial buildings authorized within the region during the
calendar year 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

 

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

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

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

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

(C) In the case of Douglas County Sewer District #1, to modify
or otherwise alter sewage treatment facilities existing on the
effective date of the amendments to this compact so that such
facilities will be able to treat the total volume of effluence for
which they were originally designed which is 3.0 mgd. Such
modification or alteration is not a “project”; is not subject to the
requirements of Article VII; and does not require a permit from
the agency. Before commencing that modification or alternative,
however, the district shall submit to the agency its report
identifying any significant soil erosion problems that may be
caused by such modifications or alterations and the measures that
the district proposes to take to mitigate or avoid such problems.

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

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

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

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

(2) Every other nonrestricted gaming establishment whose use
was seasonal and whose license was issued before May 4, 1979,
for the same season and for the number and type of games and slot
machines on which taxes or fees were paid in the calendar year
1978.

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

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

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

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

(A) Enlarge the cubic volume of the structure;

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

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

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

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

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

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

(3) Internal modification, remodeling, change in use or repair
of areas open to the public use within a structure housing gaming
under a nonrestricted license which alone or in combination with
any other such modification, remodeling, change in use or repair
will increase the total portion of those areas which are used for
gaming by more than the product of the total base area, as defined
below, in square feet existing on or approved before August 4,
1980, multiplied by 15 percent constitutes a project and is subject
to all of the provisions of this compact relating to projects. For
purposes of this paragraph and the determination required by
subdivision (g), base area means all of the area within a structure
housing gaming under a nonrestricted license which may be open
to public use, whether or not gaming is actually conducted or
carried on in that area, except retail stores, convention centers and
meeting rooms, administrative offices, kitchens, maintenance and
storage areas, rest rooms, engineering and mechanical rooms,
accounting rooms and counting rooms.

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

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

(A) The location of its external walls;

(B) Its total cubic volume;

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

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

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

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

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

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

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

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

(1) This subdivision applies to:

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

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

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

Those legal actions may be filed and the provisions of this
subdivision apply equally in the appropriate courts of California
and Nevada and of the United States.

(2) Venue lies:

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

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

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

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

(5) (A) In any legal action filed pursuant to this subdivision
that challenges an adjudicatory act or decision of the agency to
approve or disapprove a project, the scope of judicial inquiry shall
extend only to whether there was prejudicial abuse of discretion.
Prejudicial abuse of discretion is established if the agency has not
proceeded in a manner required by law or if the act or decision of
the agency was not supported by substantial evidence in light of
the whole record. In making such a determination the court shall
not exercise its independent judgment on evidence but shall only
determine whether the act or decision was supported by substantial
evidence in light of the whole record. In any legal action filed
pursuant to this subdivision that challenges a legislative act or
decision of the agency (such as the adoption of the regional plan
and the enactment of implementing ordinances), the scope of the
judicial inquiry shall extend only to the questions of whether the
act or decision has been arbitrary, capricious or lacking substantial
evidentiary support or whether the agency has failed to proceed
in a manner required by law.

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

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

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

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

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

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

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

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

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

(p) Approval by the agency of any project expires three years
after the date of final action by the agency or the effective date of
the amendments to this compact, whichever is later, unless
construction is begun within that time and diligently pursued
thereafter, or the use or activity has commenced. In computing the
three-year period any period of time during which the project is
the subject of a legal action which delays or renders impossible
the diligent pursuit of that project shall not be counted. Any license,
permit or certificate issued by the agency which has an expiration
date shall be extended by that period of time during which the
project is the subject of such legal action as provided in this
subdivision.

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

ARTICLE VII. ENVIRONMENTAL IMPACT
STATEMENTS

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

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

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

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

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

(C) Alternatives to the proposed project;

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

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

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

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

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

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

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

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

(c) Any environmental impact statement required pursuant to
this article need not repeat in its entirety any information or data
which is relevant to such a statement and is a matter of public
record or is generally available to the public, such as information
contained in an environmental impact report prepared pursuant to
the California Environmental Quality Act or a federal
environmental impact statement prepared pursuant to the National
Environmental Policy Act of 1969. However, the information or
data shall be briefly described in the environmental impact
statement and its relationship to the environmental impact statement
shall be indicated.

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

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

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

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

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

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

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

ARTICLE VIII. FINANCES

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

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

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

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

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

ARTICLE IX. TRANSPORTATION DISTRICT

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

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

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

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

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

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

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

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

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

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

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

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

(c) Any appointing authority may designate an alternate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE X. MISCELLANEOUS

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

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

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

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

SEC. 3.  

Section 66802 is added to the Government Code, to
read:

66802.  

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

(1) The State of California, by and through the Governor, agrees
to cooperate with the State of Nevada in seeking to have
begin delete amendments end delete begin insert the amendment end insert to Section 66801 made by Senate Bill
630 of the 2013-14 Regular Session begin insert that requires approval of
Congress end insert ratified by Congress as amendments to the Tahoe
Regional Planning Compact.

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

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

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

SEC. 4.  

Section begin delete 67126 end delete begin insert 66802.5 end insert is added to the Government
Code, to read:

begin delete 67126. end delete
begin insert 66802.5. end insert   

(a) The begin delete agency end delete begin insert Tahoe Regional Planning Agency end insert
shall annually prepare and submit to the Department of Finance
and to the appropriate legislative budget committees a report, in
a format established by the Department of Finance, of the revenues
provided to the agency by the States of Nevada and California,
including a complete summary and explanation of the revenues
received and expended by the agency.

(b) (1) The report submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795.

(2) Pursuant to Section 10231.5, this section is repealed on
January 1, 2018.

begin delete

SEC. 5.  

This act shall 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 this act, and that the Nevada legislation became operative on or
before January 1, 2014.

end delete

begin delete

  

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 6217.6 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

6217.6.  

All rental income received for surface uses including,
but not limited to, surface drilling rights, upon lands under the
jurisdiction of the State Lands Commission shall be deposited in
the State Treasury to the credit of the General Fund, except begin delete income
from state school lands as provided for in Section 6217. 5 and
royalties received from extraction of minerals on the surface of
such lands as provided for in Section 6217. end delete begin insert as follows: end insert

begin insert

(a) Income from state school lands, as provided in Section
6217.5.

end insert begin insert

(b) Royalties received from extraction of minerals on the surface
of those lands, as provided in Section 6217.

end insert begin insert

(c) (1) All rental income from surface uses for lands at Lake
Tahoe.

end insert begin insert

(2) The rental income specified in paragraph (1) shall be
deposited into the Lake Tahoe Science and Lake Improvement
Account, for expenditure upon appropriation by the Legislature
pursuant to Section 6717.6.1.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 6717.6.1 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 6717.6.1. end insert   

(a)  For purposes of this section, the following
definitions shall apply:

(1) “Account” means the Lake Tahoe Science and Lake
Improvement Account created pursuant to this section.

(2) “Compact” means the Tahoe Regional Planning Compact.

(3) “Resources agency” means the Natural Resources Agency.

(4) “Secretary” means the Secretary of the Natural Resources
Agency.

(b) The Lake Tahoe Science and Lake Improvement Account is
hereby created in the General Fund. The moneys in the account
may be expended by the agency, upon appropriation by the
Legislature, for the purposes of this section, with appropriate
accounting to the States of Nevada and California. The secretary
shall administer the account.

(c) Notwithstanding Section 6217, the funds in the account shall
be expended as follows:

(1) The costs associated with establishing and operating the
bistate science-based advisory council established pursuant to
subdivision (e).

(2) For activities and projects that include, but are not limited
to, all of the following:

(A) Aquatic invasive species prevention projects.

(B) Projects to provide public access to sovereign land in Lake
Tahoe, as specified in paragraph (3).

(C) Projects to improve near shore water quality monitoring,
as specified in paragraph (4).

(3) Projects to provide public access to sovereign land in Lake
Tahoe may be funded only if matching funds for this purpose are
provided by the California Tahoe Conservancy or by another
public entity.

(4) Projects to improve near shore water quality may be funded
only if matching funds for this purpose are provided from the
Lahontan California Regional Water Quality Control Board or
by another public entity.

(d) The agency, or another agency designated by it, shall, on a
publicly accessible Internet Web site, annually make available
information regarding any activity funded pursuant to this section.
The information shall include, at a minimum, all of the following:

(1) The name of the agency, or agencies, to which funding was
allocated.

(2) A summary of the activities and projects funded by the
account.

(3) The amount allocated for the activity.

(4) An anticipated timeline and total cost for completion of the
activity.

(e) The secretary may enter into a memorandum of agreement
with the Nevada Department of Conservation and Natural
Resources to establish and operate a bistate science-based advisory
council in the Tahoe basin whose purpose is to provide the best
available scientific information on matters of interest to both states.
The organization shall focus on activities that will advance
attainment of environmental thresholds, as provided in the
compact. A majority of the governing body of that organization
shall be comprised of scientists with expertise in disciplines
pertinent to achieving and maintaining the goals of the compact.

end insert