BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1004|
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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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