BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 630
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          Date of Hearing:   August 30, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 630 (Pavley) - As Amended:  August 26, 2013 

          Policy Committee:                             Natural Resources  
          Vote:        9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill amends the Tahoe Regional Compact as negotiated with  
          Nevada.  This bill also appropriates proceeds from the pier fees  
          at Lake Tahoe to the Natural Resources Agency for a variety of  
          science-based programs and projects in Lake Tahoe.

          Specifically, this bill:  

          1)Clarifies that a party challenging the Tahoe Regional Planning  
            Agency's (TRPA) regional plan or an action of TRPA has the  
            burden of proof.

          2)Directs TRPA to ensure that the regional plan reflects  
            economic considerations in the Lake Tahoe Basin.

           FISCAL EFFECT  

          GF revenue losses of approximately $330,000 annually.

          Existing law requires most rental income received from the  
          surface use of lands under the jurisdiction of the State Lands  
          Commission (SLC) to be deposited in the General Fund.  This bill  
          redirects pier fees on Lake Tahoe state lands to the Natural  
          Resources Agency to establish a bi-state science advisory  
          council and fund projects to advance the attainment of TRPA's  
          environmental thresholds.  According to SLC, this would redirect  
          approximately $330,000 for this purpose.

           COMMENTS  

           1)Rationale.   In 1968, California and Nevada entered into a  








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            bi-state agreement (compact) designed to protect natural  
            resources and control development in the Lake Tahoe Basin.     
            The compact, created the Tahoe Regional Planning Agency (TRPA)  
            to serve as the environmental and land use regulatory agency  
            for the Lake Tahoe region.  TRPA consists of a California  
            delegation, a Nevada delegation and one non-voting federal  
            member.  The seven member California delegation includes  
            representatives from El Dorado and Placer counties, the City  
            of Lake Tahoe, two gubernatorial appointees, and two  
            legislative appointees (one by the Speaker, one by the Senate  
            Rules Committee).

            In 1980 the compact was significantly amended to provide  
            additional environmental protections and required TRPA to  
            approve all proposed projects within the region. TRPA was also  
            required to establish environmental standards including  
            thresholds for air quality, water quality, soil conservation,  
            vegetation preservation and noise.

            In 1987, TRPA adopted a regional plan based on the established  
            thresholds.  Developers and others in Nevada argued that the  
            1987 compact and regional plan were too restrictive.  This  
            resulted in to the passage of Nevada state legislation in  
            2011, SB 291 which requires Nevada to withdraw from the  
            compact as early as 2015 if California does not agree to  
            modifications and the adoption of a new regional plan.

            In 2012, TRPA approved an update to the regional plan intended  
            to preserve the compact and ensure Nevada's continuing  
            participation.   This May, Nevada Governor Sandoval and  
            California Governor Brown reached an agreement which includes  
            the repeal of SB 271 by Nevada and the agreement by California  
            to require consideration of economic conditions and establish  
            a burden of proof for TRPA development decisions.

            This bill fulfills California's part of the agreement.

           2)Technical Amendments.    The author is proposing technical  
            amendments that further clarify the expenditures including  
            requiring public, collaborative processes and limiting  
            activities to public lands or lands with willing landowners.


           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081 








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