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

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-Amended.html
BILL NUMBER: SB 630	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2013

INTRODUCED BY   Senators Pavley and Steinberg

                        FEBRUARY 22, 2013

   An act to amend Sections  67023,  67025, 67049, 67070,
 67101,   67072, 67075, 67102, 67103, 67105,
 and 67120 of, to  add Sections 67022.5, 67022.7, 67027,
67072.1, 67106.2, and 67107.1 to, to  repeal Sections 67061,
67073, 67074,  67103.1, 67109, and 67125 of, and to repeal and
add  Section 67041   Sections 67041, 67100, and
67101  of, the Government Code, relating to the California Tahoe
Regional Planning Agency.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 630, as amended, 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  the States of  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  , and
would define the terms "environmental threshold carrying capacity,"
"feasible," and "project," as prescribed  . 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, commencing January 1, 2014, prohibit a project from
being developed in the region without the review and approval of the
agency, and would prohibit the approval of a project unless it is
found by the agency to comply with the regional plan, and with
related ordinances, rules, and regulations, but would specify that
those provisions shall not become operative if a specified Nevada
Senate Bill is   repealed on or before January 1, 2014. The
bill would prescribe requirements and civil penalties for legal
actions arising out of or alleging a   violation of these
provisions governing the agency.  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 
(bistate compact)  . 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  the State of  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,  the States of
 California and Nevada engaged in a formal bistate consultation
process, which led to  the  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,   the
success of that bistate consultation  will lead to the repeal of
Senate Bill 271.
   (c) Nevada Senate Bill 271 includes a provision that if  the
State of  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  the State of  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  the
State of  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  the State of  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   sufficient  time to protect its many
interests in the Tahoe basin   Basin  , the
state will need to have a contingency plan in place prior to the
dissolution of the bistate compact, as contemplated by  Nevada
 Senate Bill 271.
   SEC. 2.    Section 67022.5 is added to the  
Government Code   , to read:  
   67022.5.  "Environmental threshold carrying capacity" means an
environmental standard necessary to maintain a significant scenic,
recreational, educational, scientific, or natural value of the region
or to maintain public health and safety within the region. Those
standards shall include, but not be limited to, standards for air
quality, water quality, soil conservation, vegetation preservation,
and noise. 
   SEC.   3.    Section 67022.7 is added to the
  Government Code   , to read:  
   67022.7.  "Feasible" means capable of being accomplished in a
successful manner within a reasonable period of time, taking into
account economic, environmental, social, and technological factors.

   SEC.   4.    Section 67023 of the  
Government Code   is amended to read: 
   67023.  "Governing body" means the governing board of the 
California  Tahoe Regional Planning Agency.
   SEC. 2.   SEC. 5.   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   title  , 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.  Unless the context
otherwise requires, the provisions of   this title
concerning the regional plan shall also apply to the interim plan.
 
  SEC. 6.    Section 67027 is added to the Government Code,
to read:
   67027.  "Project" means an activity undertaken by any person,
including any public agency, if the activity may substantially affect
the land, water, air, space, or any other natural resources of the
region. 
   SEC. 3.  SEC. 7.   Section 67041 of the
Government Code is repealed.
   SEC. 4.   SEC. 8.   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.   SEC. 9.   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 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.  SEC. 10.   Section 67061 of the
Government Code is repealed.
   SEC. 7.   SEC. 11.   Section 67070 of
the Government Code is amended to read:
   67070.  (a) The regional plan adopted by the  agency
  Tahoe Regional Planning Agency  on December 12,
2012, shall be considered the interim regional plan of the agency,
except as provided in  paragraph   paragraphs
 (1)  to (6), inclusive  . 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   for  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.  
   (b) The Tahoe Regional Planning Agency environmental threshold
carrying capacities for the region in effect on December 12, 2012,
shall be the agency's environmental threshold carrying capacities
unless and until the agency modifies those capacities.  
   (c) Within one year after the effective date of the agency's
interim regional plan, the agency shall review the interim regional
plan and either adopt it as the agency's regional plan or, if
necessary, alter it to ensure that, at a minimum, the plan and all
its elements, as implemented through agency ordinances, rules, and
regulations, achieves and maintains the environmental threshold
carrying capacities. Each element of the plan shall contain
implementation provisions and time schedules for implementation of
the plan, prescribed by ordinance. The governing body shall
continuously review and maintain the regional plan. The regional plan
shall consist of one or more diagrams, 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. The
regional plan shall be a single, enforceable plan, which shall
include all of the following 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 and permitted uses.  
   (2) (A) A transportation plan for the integrated development of a
regional system of transportation, including, but not limited to,
parkways, highways, transportation facilities, transit routes,
waterways, navigation facilities, public transportation facilities,
bicycle facilities, and appurtenant terminals and facilities for the
movement of people and goods within the region. Transportation
planning shall include both of the following goals:  
   (i) The reduction of dependency on the automobile by making more
effective use of existing transportation modes and of public transit
to move people and goods within the region.  
   (ii) The reduction, to the extent possible, of feasible air
pollution that is caused by motor vehicles.  
   (B) If increases in capacity are required, the agency shall give
preference to providing that capacity through public transportation
and public programs and projects related to transportation. The
agency shall review and consider all existing transportation plans in
preparing its regional transportation plan pursuant to this
paragraph. Until such time that the regional plan is revised, or a
new transportation plan is adopted in accordance with this paragraph,
the regional transportation plan adopted by the Tahoe Regional
Planning Agency on December 12, 2012, shall be considered the interim
transportation plan of the agency, to the extent that it is
consistent with this section.  
   (3) A conservation plan for the preservation, development,
utilization, and management of the scenic and other natural resources
within the Tahoe Basin, including, but not limited to, soils,
shoreline and submerged lands, scenic corridors along transportation
routes, open spaces, and recreational and historical facilities.
 
   (4) A recreational 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 areas for skiing 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 nature of their function, size, extent, and other
characteristics are necessary or appropriate for inclusion in the
regional plan. 
   (d) The regional plan shall provide for the attainment and
maintenance of federal, state, or local air and water quality
standards, whichever are most restrictive, in the respective areas of
the region to which those standards apply. However, the agency may
adopt air or water quality standards or control measures that are
more restrictive than the applicable state implementation plan or the
applicable federal, state, or local standards for the region, if it
finds that those additional standards or control measures are
necessary to achieve the purposes of this title. Each element of the
regional plan, where applicable, shall, by ordinance, identify the
means and time schedule by which air and water quality standards will
be attained. 
   SEC. 12.    Section 67072 of the  
Government Code   is amended to read: 
   67072.  All provisions of the  Tahoe  regional
 general  plan shall be enforced by the agency and
by the counties and cities in the region.
   SEC. 13.    Section 67072.1 is added to the 
 Government Code   , to read:  
   67072.1.  (a) (1) Commencing January 1, 2014, a project shall not
be developed in the region without obtaining the review and approval
of the agency, and a project shall not be approved unless it is found
by the agency to comply with the regional plan and with the
ordinances, rules, and regulations enacted to effectuate that plan.
   (2) The agency may approve a project in the region only after
making the written findings required by this subdivision or
subdivision (b). Those findings shall be based on substantial
evidence in the record.
   (3) The agency's regulations shall permit the agency to approve a
project in the region only after making written findings, on the
basis of substantial evidence in the record, that the project is
consistent with the regional plan then in effect, and consistent with
applicable plans, ordinances, regulations, and standards of federal
and state agencies relating to the protection, maintenance, and
enhancement of environmental quality in the region.
   (b) The agency's regulations shall prescribe specific written
findings that the agency is required to make prior to approving any
project in the region. These findings shall relate to environmental
protection and shall ensure that the project under review will not
adversely affect implementation of the regional plan and will not
cause the adopted environmental threshold carrying capacities of the
region to be exceeded.
   (c) If the agency is required to review or approve any project,
public or private pursuant to this title or any ordinance, rule,
regulation, or policy adopted pursuant to this title, it shall take
final action by vote, whether to approve, to require modification, or
to reject the project, within 180 days after the application for the
project is accepted as complete by the agency in compliance with the
agency' s rules and regulations governing the delivery unless the
applicant has agreed to an extension of this time limit. If a final
action by vote does not occur within 180 days, the applicant may
bring an action in a court of competent jurisdiction to compel a vote
unless he has agreed to an extension.
   (d) If the Tahoe Regional Planning Agency has issued a permit or
otherwise approved a project before the date on which the State of
Nevada withdraws from the Tahoe Regional Planning Compact, both of
the following shall apply:
   (1) The permit or approval shall remain valid after that date.
   (2) The California Tahoe Regional Planning Agency shall assume the
responsibility of enforcing the conditions, if any, of the approval
or permit.
   (e) If an application was pending before the Tahoe Regional
Planning Agency on the date on which the State of Nevada withdraws
from the Tahoe Regional Planning Compact, the agency shall process
the application based upon its regional plan and implementing
ordinances. 
   SEC. 14.    Section 67073 of the  Government
Code   is repealed.  
   67073.  Within 90 days after the formation of the agency and after
at least one public hearing, the governing body shall review the
testimony and recommendations presented at such hearing and shall
adopt a regional interim plan. 
   SEC. 15.    Section 67074 of the  
Government Code   is repealed.  
   67074.  The interim plan shall consist of statements of
development policies, criteria and standards for planning and
development, of plans or portions of plans, and projects and planning
decisions, which the agency finds it necessary to adopt and
administer on an interim basis in accordance with the substantive
powers granted to it in this agreement. 
   SEC. 16.    Section 67075 of the  
Government Code   is amended to read: 
   67075.  The agency shall maintain the data, maps  ,  and
other information developed in the course of formulating and
administering the regional plan  and interim plan  ,
in a form suitable to assure a consistent view of developmental
trends and other relevant information for the availability of and use
by other agencies of government and by private organizations and
individuals concerned.
   SEC. 17.    Section 67100 of the  
Government Code   is repealed.  
   67100.  The agency shall adopt all necessary ordinances, rules,
regulations and policies to effectuate the adopted regional and
interim plans. The regulations shall contain general, regional
standards including but not limited to the following: subdivision;
zoning; tree removal; solid waste disposal; sewage disposal; land
fills, excavations, cuts and grading; piers; harbors, breakwaters; or
channels and other shoreline developments; waste disposal in
shoreline areas; waste disposal from boats; mobilehome parks; house
relocation; outdoor advertising; flood plain protection; soil and
sedimentation control; air pollution; and watershed protection.

   SEC. 18.    Section 67100 is added to the  
Government Code   , to read:  
   67100.  (a) The governing body shall adopt all necessary
ordinances, rules, and regulations to effectuate the adopted regional
plan. Except as otherwise provided in this title, every ordinance,
rule, or regulation shall establish a minimum standard applicable
throughout the region. Any political subdivision or public agency may
adopt and enforce an equal or more stringent requirement applicable
to the same subject of regulation in its territory. The regulations
of the agency shall contain standards, including, but not limited to,
the following: water purity and clarity; subdivision; zoning; tree
removal; solid waste disposal; sewage disposal; landfills,
excavations, cuts and grading; piers, harbors, breakwaters, or
channels, and other shoreline developments; waste disposal in
shoreline areas; waste disposal from boats; mobilehome parks; house
relocation; outdoor advertising; flood plain protection; soil and
sedimentation control; air pollution; and watershed protection.
   (b) The agency shall prescribe by ordinance those activities that
it has determined will not have substantial effect on land, water,
air, space, or any other natural resources in the region and
therefore will be exempt from its review and approval.  

  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. 19.    Section 67101 of the  
Government Code   is repealed.  
   67101.  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. 
   SEC. 20.    Section 67101 is added to the  
Government Code   , to read:  
   67101.  (a) The Tahoe Regional Planning Agency Code of Ordinances,
which was adopted by the Tahoe Regional Planning Association
Governing Board on December 12, 2012, and its Rules of Procedure,
which were in effect on that date, 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. Unless the context otherwise requires, the requirements of
this title concerning agency ordinances, rules, and regulations shall
also apply to its interim ordinances, rules, and regulations.
   (b) Within 90 days of the effective date of the interim regional
plan, the agency shall amend its interim agency ordinances and rules
so that they conform to the requirements of subdivision (a) of
Section 67070. Any amendments to the interim agency ordinances and
rules shall be exempt from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2.

   SEC. 21.    Section 67102 of the  
Government Code   is amended to read: 
   67102.  All ordinances, rules, regulations and policies 
required by this title, or adopted by the agency shall be
enforced by the agency, and by the counties and cities.
   SEC. 22.    Section 67103 of the  
Government Code   is amended to read: 
   67103.  All public works projects shall be reviewed prior to
construction and approved by the agency as to the project's
compliance with the  adopted  regional 
general  plan.
   SEC. 9.   SEC. 23.   Section 67103.1 of
the Government Code is repealed.
   SEC. 24.    Section 67105 of the  Government
Code   is amended to read: 
   67105.  The agency shall police the region to ensure compliance
with the  general   regional  plan and
adopted ordinances, rules, regulations and policies. If it is found
that the  general  regional  plan, or
ordinances, rules, regulations and policies are not being enforced by
a local jurisdiction, the agency may bring action in a court of
competent jurisdiction to ensure compliance.
   SEC. 25.    Section 67106.2 is added to the 
 Government Code   , to read:  
   67106.2.  (a) A legal action arising out of or alleging a
violation of this title, the regional plan, or an ordinance or
                                    regulation of the agency or of a
permit or a condition of a permit issued by the agency shall be
governed by this section if it involves any of the following:
   (1) An action arising out of activities directly undertaken by the
agency.
   (2) An action arising out of the issuance to a person of a lease,
permit, license, or other entitlement for use by the agency.
   (3) An action arising out of any other act or failure to act by
any person or public agency.
   (b) With regard to the venue for actions subject to this section,
the following shall apply:
   (1) If a civil or criminal action challenges an activity by the
agency or any person that is undertaken or to be undertaken upon a
parcel of real property, it shall be filed in the county where the
real property is situated or the County of Sacramento.
   (2) If an action challenges an activity that does not involve a
specific parcel of land, including an action challenging an ordinance
of the agency, it shall be filed in the County of El Dorado, Placer,
or Sacramento.
   (c) Any aggrieved person may file an action in an appropriate
court of the State of California alleging noncompliance with the
provisions of this compact or with an ordinance or regulation of the
agency. In the case of governmental agencies, "aggrieved person"
means the agency or any other state, federal, or local agency. In the
case of any person other than a governmental agency who challenges
an action of the agency, "aggrieved person" means any person who has
appeared, either in person, through an authorized representative, or
in writing, before the agency at an appropriate administrative
hearing to register objection to the action which is being
challenged, or who had good cause for not making an appearance.
   (d) Any aggrieved person shall have a right to judicial review of
any administrative decision of the agency by filing a petition for a
writ of mandate in accordance with Section 1094.5 of the Code of
Civil Procedure, within 60 days after the decision has become final.
All other legal actions shall be commenced within one year after
discovery of the cause of action.
   (e) The agency shall monitor activities in the region and may
bring enforcement actions in the region to ensure compliance with the
regional plan and adopted ordinances, rules, regulations, and
policies. If it is found that the regional plan, or ordinances,
rules, regulations, and policies are not being enforced by a local
jurisdiction, the agency may bring action in a court of competent
jurisdiction to ensure compliance.
   (f) Any person who violates this title or of any ordinance or
regulation of the agency or of any condition of approval imposed by
the agency shall be subject to a civil penalty not to exceed five
thousand dollars ($5,000). A person is subject to an additional civil
penalty, not to exceed five thousand dollars ($5,000) per day, for
each day on which a violation persists. In imposing the penalties
authorized by this subdivision, the court shall consider the nature
of the violation and shall impose a greater penalty if it was willful
or resulted from gross negligence than if it resulted from
inadvertence or simple negligence.
   (g) Approval by the agency of any project shall expire 3 years
after the date of final action by either the agency or the Tahoe
Regional Planning Agency, whichever is later, unless construction is
begun within that time and diligently pursued thereafter, or the use
or activity has commenced. In computing the 3-year period, any period
of time during which the project is the subject of a legal action
that delays or renders impossible the diligent pursuit of that
project shall not be counted. Any license, permit, or certificate
issued by the agency that has an expiration date shall be extended by
that period of time during which the project is the subject of the
legal action as provided in this subdivision. 
   SEC. 26.    Section 67107.1 is added to the 
 Government Code   , to read:  
   67107.1.  (a) The Legislature hereby finds and declares that
aquatic invasive species pose a serious threat to the waters and
other natural resources of the Lake Tahoe region, and an equally
serious threat to the region's economy.
   (b) The agency shall work with appropriate federal, state, and
local entities, as well as appropriate State of Nevada entities, to
ensure lake wide aquatic species protection and control. 
   SEC. 10.   SEC. 27.   Section 67109 of
the Government Code is repealed.
   SEC. 11.   SEC. 28.   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.   SEC. 29.   Section 67125 of
the Government Code is repealed. 
  SEC. 30.    Sections 11 and 13 of this act shall not
become operative if Nevada Senate Bill 271 of the 2011 Regular
Session (Chapter 530 of the Statutes of 2011) is repealed on or
before January 1, 2014.   
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