BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1004|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                      CONSENT 


          Bill No:  AB 1004
          Author:   Dahle (R), et al.
          Amended:  5/14/15 in Assembly
          Vote:     21  

           SENATE NATURAL RES. & WATER COMMITTEE:  9-0, 6/23/15
           AYES:  Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,  
            Monning, Vidak, Wolk

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  77-0, 5/18/15 - See last page for vote

           SUBJECT:   California Tahoe Conservancy


          SOURCE:    California Tahoe Conservancy


          DIGEST:  This bill clarifies the authority of the California  
          Tahoe Conservancy (CTC) to lease, sell, exchange, or otherwise  
          transfer real property or interest therein, to fulfill the  
          purposes of the CTC.


          ANALYSIS:   


          Existing law:

          1)Establishes the CTC (Government Code (GC) Title 7.42,  
            commencing with Section 66905).


          2)Provides the CTC with the authority to select and acquire real  








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            property or interests therein for the purposes of protecting  
            the natural environment, providing public access or public  
            recreational facilities, preserving 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, Steinberg,  
            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  








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            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)).


          This bill:

          1)Amends GC Section 66907.8 to clarify CTC's 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 the 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.


          Background


          The 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. TLC is focused on promoting  
          more concentrated areas of development in the region's town  
          centers, in order to create walkable, bikeable, and  








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          transit-friendly communities.


          Comments


          Sustainable Communities Strategy:  The Sustainable Communities  
          Act requires the California Air Resources Board (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 (MPOs).  

          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  
          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:  This bill clarifies that CTC is  
          allowed to divest of real property, or interest therein, as  
          necessary to fulfill both the mission of CTC and state mandates,  
          to include the SCS.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified7/6/15)


          California Tahoe Conservancy (source)
          California Tahoe Alliance


          OPPOSITION:   (Verified7/6/15)


          None received









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          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."

          ASSEMBLY FLOOR:  77-0, 5/18/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez,  
            Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian,  
            Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Atkins
          NO VOTE RECORDED:  Kim, Mathis, Melendez


          Prepared by:Angee Doerr / N.R. & W. / (916) 651-4116
          7/7/15 17:21:12


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