BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 1004         Hearing Date:    June 23,  
          2015
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          |Author:    |Dahle                  |           |                 |
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          |Version:   |May 14, 2015    Amended                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Angee Doerr                                          |
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                       Subject:  California Tahoe Conservancy.


          BACKGROUND AND EXISTING LAW
          Background:
          The California Tahoe Conservancy (CTC) was created by statute in  
          1984 and tasked with maintaining equilibrium between the  
          region's natural endowment and its manmade environment;  
          protecting the natural environment, including water quality, air  
          quality, wildlife, and habitat areas; acquiring, restoring, and  
          managing property; and preserving the scenic beauty and  
          recreational opportunities of the region.

          In 2013, CTC launched the Tahoe Livable Communities (TLC)  
          program in order to facilitate the goals of the Lake Tahoe  
          Sustainable Communities Strategy (SCS). TLC is focused on  
          promoting more concentrated areas of development in the region's  
          town centers, in order to create walkable, bikeable, and  
          transit-friendly communities.

          Existing law:
             (1)  Establishes the California Tahoe Conservancy (CTC)  
               (Government Code (GC) Title 7.42, commencing with section  
               66905)

             (2)  Provides the CTC with the authority to select and  
               acquire real property or interests therein for the purposes  
               of protecting the natural environment, providing public  
               access or public recreational facilities, preserving  







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               wildlife habitat areas, or providing access to or  
               management of acquired lands (GC Section 66907).

             (3)  Authorizes the CTC to acquire interests in land by means  
               of land exchanges and to enter into all alternatives to the  
               acquisition of fee interests in land, including, but not  
               limited to, the acquisition of easements, development  
               rights, life estates, leases, and leaseback agreements (GC  
               Section 66907.1).

             (4)  Authorizes CTC to request the State Public Works Board  
               exercise the power of eminent domain if CTC feels that all  
               reasonable efforts to acquire the property have failed and  
               the action is necessary to remove an impediment to an  
               otherwise voluntary acquisition or is needed to achieve the  
               purposes of other related acquisitions (GC Section  
               66907.5).

             (5)  Authorizes CTC to lease, rent, sell, exchange, or  
               otherwise transfer any real property or interest therein,  
               or option acquired under this title to local public  
               agencies, state agencies, federal agencies, nonprofit  
               organizations, individuals, corporate entities, or  
               partnerships for management purposes pursuant to terms and  
               conditions approved by CTC (GC Section 66907.8).

             (6)  Creates The Sustainable Communities and Climate  
               Protection Act of 2008 (Sustainable Communities Act, SB  
               375, Chapter 728, Statutes of 2008), which supports the  
               State's climate action goals to reduce greenhouse gas (GHG)  
               emissions through coordinated transportation and land use  
               planning with the goal of more sustainable communities.

             (7)  Creates the Water Quality, Supply, and Infrastructure  
               Improvement Act of 2014 (Water Code Division 26.7) to  
               provide funding for projects consistent with statewide  
               environmental goals and planning priorities (GC Section  
               65041.1) and the sustainable communities strategy (GC  
               Section 65080(b)(2)(B)).


          PROPOSED LAW
          This bill:
             (1)  Amends Government Code Section 66907.8 to clarify CTC's  








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               authority to lease, sell, exchange, or otherwise transfer  
               real property or interest therein, to fulfill the purposes  
               of the CTC and to promote the state's planning priorities,  
               consistent with the policies of Water Quality, Supply, and  
               Infrastructure Improvement Act of 2014.

             (2)  Clarifies that CTC is not authorized to sell any  
               property acquired through the use of eminent domain.

             (3)  Requires CTC to submit a report to the appropriate  
               policy and fiscal committees of the Legislature on its  
               progress toward promoting the state's planning priorities  
               on or before January 1, 2018.



          ARGUMENTS IN SUPPORT
          Writing in support, the California Tahoe Alliance states "AB  
          1004 would update the Conservancy's enabling statute to  
          reflect?regional and statewide planning goals. The measure would  
          clarify the Conservancy's authority to sell, exchange, or  
          transfer land to fulfill its existing mission and implement  
          projects consistent with new statewide mandates. As the  
          principle state agency responsible for acquiring land, awarding  
          grants, and achieving statewide priorities in the Basin, it is  
          important for the Conservancy to have the authority to implement  
          projects that advance regional and statewide environmental and  
          climate goals."

          ARGUMENTS IN OPPOSITION
          None Received

          COMMENTS
          Sustainable Communities Strategy: The Sustainable Communities  
          and Climate Protection Act of 2008 (Sustainable Communities Act,  
          SB 375, Chapter 728, Statutes of 2008) requires CARB to set  
          regional targets for GHG emissions reductions from passenger  
          vehicle use. In 2010, CARB established these targets for 2020  
          and 2035 for each region covered by one of the State's  
          metropolitan planning organizations (MPO).  

          Each of California's MPOs must prepare a "sustainable  
          communities strategy" (SCS) as an integral part of its regional  
          transportation plan. The SCS contains land use, housing, and  








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          transportation strategies that will allow the region to meet its  
          GHG emission reduction targets. The Sustainable Communities Act  
          also establishes incentives to encourage local governments and  
          developers to implement the SCS.  

          Clarification of CTC authority: The bill clarifies that CTC is  
          allowed to divest of real property, or interest therein, as  
          necessary to fulfill both the mission of the CTC and state  
          mandates, to include the SCS.
               
          SUPPORT
          California Tahoe Conservancy (Source)
          California Tahoe Alliance

          OPPOSITION
          None Received

          
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