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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