Bill Text: CA SB630 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Tahoe Regional Planning Agency.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2013-10-12 - Chaptered by Secretary of State. Chapter 762, Statutes of 2013. [SB630 Detail]

Download: California-2013-SB630-Introduced.html
BILL NUMBER: SB 630	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Pavley and Steinberg

                        FEBRUARY 22, 2013

   An act to amend Sections 67025, 67049, 67070, 67101, and 67120 of,
to repeal Sections 67061, 67103.1, 67109, and 67125 of, and to
repeal and add Section 67041 of, the Government Code, relating to the
California Tahoe Regional Planning Agency.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 630, as introduced, Pavley. California Tahoe Regional Planning
Agency.
   Existing law ratified the "Tahoe Regional Planning Compact," a
bilateral agreement between the States of Nevada and California to
regulate development in the Lake Tahoe basin. The compact established
the Tahoe Regional Planning Agency as a separate legal entity,
comprised of members from Nevada and California, responsible for
implementing a "regional plan," as defined, regulating development in
the Lake Tahoe region, as defined.
   Existing law also creates the California Tahoe Regional Planning
Agency as a separate legal entity and as a political subdivision of
the State of California, and prescribes the membership, functions,
and duties of the agency, as specified. Existing law requires the
agency, within 18 months of its formation, to prepare, adopt, and
review and maintain a comprehensive long-term general plan for the
development of the Tahoe region, referred to as the "regional plan,"
except that when the Tahoe Regional Planning Compact becomes
effective, the time for preparation of the regional plan is required
to be extended so that it coincides with the date upon which the
agency must submit its plan. Existing law also requires the agency to
adopt all necessary ordinances, rules, regulations and policies to
effectuate the adopted regional and interim regional plans. For
purposes of those provisions, the "interim plan" is defined to mean
the interim regional plan adopted pending the adoption of the
regional plan.
   This bill would, for purposes of those provisions, define the
"interim regional plan" to mean the interim regional plan adopted by
the Tahoe Regional Planning Agency on December 12, 2012. The bill
would revise the membership of the governing body of the agency to
eliminate the existing 5 members of the governing body, and prescribe
requirements for the appointment of a new 9-member governing board.
The bill would also revise the composition of a technical advisory
committee required to be appointed by the agency, and would request
the participation of a representative of the governing board of the
Nevada Tahoe Regional Planning Agency. The bill would eliminate a
provision authorizing the governing body of the agency to contract
with the Tahoe Regional Planning Agency for services.
   This bill would delete the requirement that the agency, within 18
months of its formation, prepare, adopt, and review and maintain a
comprehensive long-term general plan for the development of the Tahoe
region, and would instead require the agency to implement the
interim plan adopted by the Tahoe Regional Planning Agency on
December 12, 2012, in accordance with prescribed requirements. The
bill would revise certain other of the agency's powers and
responsibilities with regard to the review and approval of projects
for the development of the Tahoe region, as prescribed.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Since 1980, the States of Nevada and California have
cooperated in protecting Lake Tahoe's exceptional natural resources
by having a single entity, the Tahoe Regional Planning Agency (TRPA),
be responsible for regulating development in the Tahoe Basin. The
states and Congress created the Tahoe Regional Planning Agency
through the Tahoe Regional Planning Compact, as prescribed in Title
7.4 (commencing with Section 66800) of the Government Code. It is the
intent of the Legislature to maintain that cooperation by having a
single entity continue to regulate development in the Tahoe Basin. A
single entity will continue to enhance the efficiency and
governmental effectiveness of the region, and thereby help to
maintain the social and economic health of the region by protecting,
preserving, and enhancing the region's unique environmental and
ecological values.
   (b) In 2011, the Nevada Legislature enacted Senate Bill 271
(Chapter 530 of the Statutes of 2011). That legislation potentially
requires Nevada to withdraw from the Tahoe Regional Planning Compact
in 2015, unless the TRPA adopts an Updated Regional Plan and the
bistate compact is amended to reduce its protection of Lake Tahoe's
resources. During 2012, California and Nevada engaged in a formal
bistate consultation process, which led to TRPA's adoption of an
Updated Regional Plan on December 12, 2012. The California
Legislature is hopeful that through a successful, cooperative
process, and the TRPA's adoption of the Updated Regional Plan, will
lead to the repeal of Senate Bill 271.
   (c) Nevada Senate Bill 271 includes a provision that if Nevada
withdraws from the bistate compact, development on the Nevada side of
the Tahoe Basin will be overseen by the Nevada Tahoe Regional
Planning Agency. However, California does not have an active entity
that will oversee development on the California side of the Tahoe
Basin in the event that Nevada withdraws from the bistate compact.
The California Legislature, therefore, must make contingency plans to
protect California's important interests in the Tahoe Basin in the
event that Nevada withdraws from the bistate Tahoe compact. The
contingency plan established in this legislation is not intended to
take effect if Nevada repeals Senate Bill 271 in its 2013 legislative
session. Action in 2013 by Nevada is essential because its
Legislature does not meet in 2014 and, by operation of Nevada law,
that state may exercise its prerogative to withdraw from the compact
in 2015. For California to have due time to protect its many
interests in the Tahoe basin, the state will need to have a
contingency plan in place prior to the dissolution of the bistate
compact, as contemplated by Senate Bill 271.
  SEC. 2.  Section 67025 of the Government Code is amended to read:
   67025.  "Interim plan" shall mean the interim regional plan
adopted pending the adoption of the regional plan.  For purposes
of this article, the interim regional plan shall be the regional plan
adopted by the Tahoe Regional Planning Agency on December 12, 2012,
as the plan is required to be modified by Section 67070. 
  SEC. 3.  Section 67041 of the Government Code is repealed. 

   67041.  The governing body of the agency shall be constituted as
follows:
   (a) One member appointed by the Board of Supervisors of the
Counties of El Dorado and Placer, and one member appointed by the
City Council of the City of South Lake Tahoe. Each of the members of
the governing board shall be a member of the city council, or county
board of supervisors he represents, and, in the case of a supervisor
shall be a resident of a county supervisorial district lying wholly
or partly within the region.
   (b) Two members appointed by the Governor of California subject to
Senate confirmation, who shall not be residents of the basin and
shall represent the public at large. One of such members shall be
chosen from among residents of the 10 southernmost counties in the
state and one from among the residents of the remaining counties.
   (c) One member appointed by the six other members appointed
pursuant to this section. The member so appointed shall serve as the
permanent chairman of the agency and shall serve at the pleasure of
the other members. In the event such membership becomes vacant and
the vacancy is not filled by the other members within 30 days, the
vacancy shall be filled by appointment of the Governor.
   (d) The Secretary of the California Resources Agency or his
designee. 
  SEC. 4.  Section 67041 is added to the Government Code, to read:
   67041.  The governing body of the agency shall contain the
following nine members:
   (a) One member appointed by the Governor who shall be an member of
the Board of Supervisors of the County of El Dorado or the Board of
Supervisors of the County of Placer, and one member appointed by the
Governor who shall be an elected member of the city council of the
City of South Lake Tahoe. Both of these appointees are subject to
Senate confirmation.
   (b) Three members appointed by the Governor who have a
demonstrated interest and appreciation for the natural beauty and
economic productivity of the Lake Tahoe Region who shall represent
the public at large and the geographic diversity of California. All
of these appointees are subject to Senate confirmation.
   (c) Two members appointed by the Senate Committee on Rules.
   (d) Two members appointed by the Speaker of the California
Assembly.
  SEC. 5.  Section 67049 of the Government Code is amended to read:
   67049.  A technical advisory committee shall be appointed by the
agency. The committee shall include  ,  but shall not be
limited to  , the following  :  the executive officer of
the Tahoe Conservancy, the executive officer of the State Lands
Commission,  the chief planning officers of Placer County, El
Dorado County, and the City of South Lake Tahoe,  the Placer
County Director of Sanitation, the El Dorado County Director of
Sanitation,   the  executive officer of the
Lahontan Regional Water Quality Control Board or his designee, and
the executive officer of the California Tahoe Regional Planning
Agency who shall act as chairman.  The agency shall request the
participation of a representative of the governing board of the
Nevada Tahoe Regional Planning Agency who is chosen by that body.

  SEC. 6.  Section 67061 of the Government Code is repealed. 
   67061.  The governing body may contract with the Tahoe Regional
Planning Agency for the services of such staff of the Tahoe Regional
Planning Agency as may be needed to execute the powers, functions,
and duties of the agency provided for under this act or in accordance
with any intergovernmental contract or agreement. 
  SEC. 7.  Section 67070 of the Government Code is amended to read:

   67070.  (a) Within 18 months after the formation of the agency,
the agency shall prepare, adopt and review and maintain a
comprehensive long-term general plan for the development of the Tahoe
region, referred to as the "regional plan"; provided that, when the
Tahoe Regional Planning Compact becomes effective the time for
preparation of the regional plan shall be extended so that it
coincides with the date upon which the Tahoe Regional Planning Agency
must submit its regional plan. The regional plan shall consist of a
diagram, or diagrams, and text, or texts setting forth the projects
and proposals for implementation of the regional plan, a description
of the needs and goals of the region and a statement of the policies,
standards and elements of the regional plan. 
    67070.    (a) The regional plan adopted by the
agency on December 12, 2012, shall be considered the interim regional
plan of the agency, except as provided in paragraph (1). Amendments
to the interim plan or the adoption of a comprehensive long-term
general plan and amendment to that plan shall comply with the rules
and regulations prescribed in Section 67101. The agency shall
implement the interim regional plan as follows:  
   (1) No project may be developed in the region without obtaining
the review and approval of the agency. For purposes of this article,
"project" is defined as any activity that may substantially affect
the land, water, air, space, or other natural resource of the region.
Any delegated authority for the issuance of permits under areas
plans is terminated as of January 1, 2014.  
   (2) On or before October 1, 2015, the agency shall determine
whether the boundaries of town center districts and regional center
districts are empirically shown to create a less auto-dependent
development pattern, and, if not, the agency shall adjust the
boundaries so that they promote that pattern.  
   (3) Resort recreational districts shall be eliminated.  
   (4) Provisions in the interim regional plan that allow up to 70
percent land coverage shall be reduced to allow up to 50 percent land
coverage.  
   (5) Provisions in the interim regional plan that allow for the
calculation of land coverage on an areawide basis shall be
eliminated, and coverage shall be calculated on a per parcel basis.
 
   (6) Certification of compliance with all best management practices
shall be a condition of the sale of commercial property parcels.

   (b) The regional plan shall include the following correlated
elements:
   (1) A land-use plan for the integrated arrangement and general
location and extent of, and the criteria and standards for, the uses
of land, water, air, space and other natural resources within the
region, including but not limited to, an indication or allocation of
maximum population densities.
   (2) A transportation plan for the integrated development of a
regional system of transportation, including but not limited to,
freeways, parkways, highways, transportation facilities, transit
routes, waterways, navigation and aviation aids and facilities, and
appurtenant terminals and facilities for the movement of people and
goods within the region.
   (3) A conservation plan for the preservation, development,
utilization, and management of the scenic and other natural resources
within the basin, including but not limited to soils, shoreline and
submerged lands, scenic corridors along transportation routes, open
spaces, recreational and historical facilities.
   (4) A recreation plan for the development, utilization, and
management of the recreational resources of the region, including but
not limited to, wilderness and forested lands, parks and parkways,
riding and hiking trails, beaches and playgrounds, marinas and other
recreational facilities.
   (5) A public services and facilities plan for the general
location, scale and provision of public services and facilities,
which, by the nature of their function, size, extent and other
characteristics are necessary or appropriate for inclusion in the
regional plan.
  SEC. 8.  Section 67101 of the Government Code is amended to read:
   67101.   (a)    Interim regulations shall be
adopted within 90 days from the formation of the agency and final
regulations within 18 months after the formation of the agency  ,
except as provided in subdivision (b)  . 
   (b) The Tahoe Regional Planning Agency Code of Ordinances and the
Rules of Procedure, which was adopted by the Tahoe Regional Planning
Association Governing Board, on December 12, 2012, shall be
considered the interim agency ordinances and rules, with the
exception of any requirements for the interim regional plan set forth
in subdivision (a) of Section 67070. 
  SEC. 9.  Section 67103.1 of the Government Code is repealed.

   67103.1.  All public works projects submitted to the agency for
review and approval must receive the agency's approval before they
can be submitted to the Tahoe Regional Planning Agency. 
  SEC. 10.  Section 67109 of the Government Code is repealed.

   67109.  Whenever a new city is formed within the region, the
membership of the governing body shall be increased by one additional
member appointed by, and who shall be a member of, the legislative
body of the new city.
   Whenever the membership of the governing body is increased by the
addition of a member representing a new city in the region, there
shall be appointed by the Governor an additional member representing
the public at large who shall not be a resident of the region.

  SEC. 11.  Section 67120 of the Government Code is amended to read:
   67120.  On or before December 30 of each calendar year  ,
 the agency shall establish  , consistent with the usual
practices of the Department of Finance with regard to funding
requests to be included in the annual budget process,  the
amount of money necessary to support its activities for the next
succeeding fiscal year commencing July 1 of the following year and
transmit a request for that amount to the Legislature.
  SEC. 12.  Section 67125 of the Government Code is repealed.

   67125.  For purposes of the annual budget process, the agency
shall be provided a baseline adjustment equivalent to fund California'
s two-thirds share for any increase in employee compensation or
cost-of-living adjustment, in the same manner as applied to state
agencies. In those instances where the methodology for determining
this adjustment differs from standard state budget practices, the
agency and the Department of Finance shall work together on an agreed
application of this section. 
                          
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