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 ----------------------------------------------------------------- |Author: |Dahle | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |May 14, 2015 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Angee Doerr | | | | ----------------------------------------------------------------- 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 AB 1004 (Dahle) Page 2 of ? 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 AB 1004 (Dahle) Page 3 of ? 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 AB 1004 (Dahle) Page 4 of ? 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 -- END --