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SB-785 Public resources: parklands, freshwater resources, and coastal resources: off-highway motor vehicles: public lands.(2019-2020)

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Date Published: 09/14/2019 04:00 AM
SB785:v94#DOCUMENT

Enrolled  September 13, 2019
Passed  IN  Senate  September 11, 2019
Passed  IN  Assembly  September 10, 2019
Amended  IN  Assembly  September 03, 2019
Amended  IN  Assembly  June 24, 2019
Amended  IN  Senate  April 30, 2019
Amended  IN  Senate  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 785


Introduced by Committee on Natural Resources and Water (Senators Stern (Chair), Allen, Borgeas, Caballero, Hertzberg, Hueso, Jackson, Jones, and Monning)

March 11, 2019


An act to amend Section 2301 of the Fish and Game Code, to amend Section 66801 of, and to repeal Section 50370 of, the Government Code, to amend Sections 614, 615, 5012, 10211, 31013, and 31116 of the Public Resources Code, and to amend Sections 38505, 38506, 38600, 38601, 38602, 38603, and 38604 of the Vehicle Code, relating to public resources.


LEGISLATIVE COUNSEL'S DIGEST


SB 785, Committee on Natural Resources and Water. Public resources: parklands, freshwater resources, and coastal resources: off-highway motor vehicles: public lands.
(1) Existing law, until January 1, 2020, generally prohibits a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, dreissenid mussels, and authorizes the Director of Fish and Wildlife or the director’s designee to engage in various enforcement activities with regard to dreissenid mussels. Among those activities, existing law authorizes the director to conduct inspections of waters of the state and facilities located within waters of the state that may contain dreissenid mussels and, if those mussels are detected or may be present, order the closure of the affected waters or facilities to conveyances or otherwise restrict access to the affected waters or facilities, with the concurrence of the Secretary of the Natural Resources Agency.
This bill would extend to January 1, 2030, the repeal date of those provisions.
Under existing law, a violation of these provisions is a crime. By extending the operation of these provisions, this bill would impose a state-mandated local program.
(2) Existing law establishes the State Lands Commission in the Natural Resources Agency and prescribes the functions and duties of the commission. Under current law, the State Lands Commission cedes concurrent criminal jurisdiction to the United States with regard to specified properties.
Existing law authorizes the legislative body of a local agency to convey land that it owns within its boundaries to the United States to be used for federal purposes, as specified. Existing law cedes to the United States exclusive jurisdiction over land conveyed for these purposes, reserving concurrent jurisdiction with the United States for the execution of all civil and criminal process, issued under authority of the state, as if the conveyance had not been made.
This bill would repeal the provision ceding jurisdiction over land conveyed pursuant to the provisions authorizing the legislative body of a local agency to convey land that it owns within its boundaries to the United States to be used for federal purposes.
(3) Existing law establishes the State Coastal Conservancy in state government, and prescribes the powers and duties of the conservancy with regard to the protection, preservation, and enhancement of specified coastal lands in the coastal zone, as defined. Existing law requires the conservancy to implement various coastal protection programs and projects, and, for purposes of those provisions, defines a “nonprofit organization” to mean any private, nonprofit organization, that qualifies under a specified provision of the United States Internal Revenue Code and whose purposes are consistent with specified provisions related to the conservancy.
This bill would remove the requirement from that definition that the nonprofit organization’s purpose be consistent with specified provisions related to the conservancy.
Existing law authorizes the State Coastal Conservancy to grant funds to a nonprofit organization under specified coastal protection programs and projects if the nonprofit organization enters into an agreement with the conservancy, subject to terms and conditions specified by the conservancy. Existing law requires any funds collected from a nonprofit organization pursuant to an agreement regarding a grant issued by the conservancy to be deposited in the Nonprofit Organization Land Trust Account in the State Coastal Conservancy Fund.
This bill would remove the requirement that any funds collected from a nonprofit organization pursuant to an agreement regarding a grant be deposited in the Nonprofit Organization Land Trust Account in the State Coastal Conservancy Fund, and would remove the provisions establishing the account in the fund.
(4) The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, among other things, authorized the issuance of grants to local governments from the sale of bonds for the acquisition, development, restoration, and enhancement of local parks, pursuant to the State General Obligation Bond Law, in specified amounts.
This bill would authorize the County of San Diego to transfer a specified parcel of park property, acquired with those bond funds, to the San Diego County Water Authority and would authorize the county to accept a transfer of a different specified parcel from the California Department of Transportation, if certain conditions are satisfied, including that the county signs an agreement with the Department of Parks and Recreation that ensures that the parcel transferred to the county is maintained and operated in perpetuity for park purposes, as provided. The bill would state legislative findings and declarations that the transfer of the state property is not a sale or other disposition of surplus state property within the meaning of the California Constitution.
(5) Existing law, the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971, sets forth operating requirements and restrictions on off-highway motor vehicles, including, among others, all-terrain vehicles and recreational off-highway vehicles. Existing law applies those requirements and restrictions to off-highway motor vehicles operating on lands, other than a highway, that are open and accessible to the public, as specified, except private lands under the immediate control of the owner or the owner’s agent if permission is required and has been granted to operate a motor vehicle.
This bill would clarify that the requirements and restrictions on the operation of all-terrain and recreational off-highway vehicles applies to their operation on these lands.
(6) Existing law ratified the Tahoe Regional Planning Compact, a bilateral agreement between the States of Nevada and California, to regulate development and preserve the natural environment and economic productivity of the Lake Tahoe region, defined to include specified areas in the Lake Tahoe basin and surrounding areas. The compact establishes the Tahoe Transportation District and prescribes the membership of the district’s board of directors, which includes one member of each local transportation district in the region. If the Legislature of the State of California or the State of Nevada authorizes the creation of local transportation districts at Lake Tahoe, existing law requires that these local districts be entitled to a voting seat on the Tahoe Transportation District’s board of directors, as specified. The compact authorizes the California Legislature and the Nevada Legislature to amend those provisions of the compact governing the Tahoe Transportation District by substantially identical enactments.
This bill would amend the compact to change the membership of the board of directors of the Tahoe Transportation District by eliminating from the board those members of local transportation districts in the region and by adding to the board one appointee each made by the governing body of the Tahoe Regional Planning Agency, the Governor of California, and the Governor of Nevada. The bill would require the board to elect a chairperson and a vice chairperson, as specified. The bill would delete the requirement that a legislatively authorized local transportation district at Lake Tahoe be entitled to a voting seat on the Tahoe Transportation District’s board of directors. The bill would declare that its provisions shall become operative only if the State of Nevada, by a substantially identical enactment, adopts that amendment to the compact.
(7) Existing law authorizes the Department of Parks and Recreation, upon application by the proper authorities, to grant permits and easements for certain purposes and to certain entities, including, among other things, to a public agency for public roads.
This bill would additionally authorize the department to grant a permit and easement to a public agency for public bicycle and pedestrian trails.
(8) Existing law establishes the California Farmland Conservancy Program Act, to be administered generally by the Department of Conservation, and provides that it is the intent of the act to, among other things, encourage voluntary, long-term private stewardship of agricultural lands by offering landowners financial incentives, encourage local land use planning for orderly and efficient urban growth and conservation of agricultural land, and encourage improvements to enhance long-term sustainable agricultural uses. The act establishes the California Farmland Conservancy Program Fund and requires, except as provided, moneys in the fund, upon appropriation, to be used for the purposes of the California Farmland Conservancy Program, which include, among other things, the purchase of agricultural conservation easements, fee title acquisition grants, and land improvement and planning grants. The act requires an agricultural conservation easement to be granted to a local government, nonprofit organization, resource conservation district, or a regional park or open-space district or regional park or open-space authority, as specified.
This bill would authorize an agricultural conservation easement to be granted to any organization or entity authorized to acquire and hold conservation easements.
(9) Existing law requires the Department of Conservation to conduct a study and propose an implementation strategy to meet the intent of the soil conservation plan adopted by the soil conservation committee. Existing law requires the department to report the results of this study to the Legislature on or before December 1, 1988.
Existing law requires the department to conduct a certain study of resource conservation districts in California and report the result of the study to the Legislature on or before December 1, 1989.
This bill would eliminate these provisions.
(10) Existing law requires the Department of Conservation to provide soil conservation advisory services to local governments, land owners, farmers and ranchers, resource conservation districts, and the general public, that include, among other things, review of environmental impact reports as required under the California Environmental Quality Act.
This bill would specify that soil conservation advisory services instead include review of documents prepared under the act.
(11) Existing law exempts specified grants awarded by the Department of Conservation from certain requirements pertaining to public contracts.
This bill would instead exempt specified grants administered by the department from these requirements.
(12) This bill would correct and update cross-references and make various nonsubstantive changes.
(13) This bill would make legislative findings and declarations as to the necessity of a special statute pertaining to the lands in the County of San Diego that are involved in the transfer described in (4) above.
(14) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2301 of the Fish and Game Code is amended to read:

2301.
 (a) (1) Except as authorized by the department, a person shall not possess, import, ship, or transport in the state, or place, plant, or cause to be placed or planted in any water within the state, dreissenid mussels.
(2) The director or the director’s designee may do all of the following:
(A) Conduct inspections of conveyances, which include vehicles, boats and other watercraft, containers, and trailers, that may carry or contain adult or larval dreissenid mussels. Included as part of this authority to conduct inspections is the authority to temporarily stop conveyances that may carry or contain adult or larval dreissenid mussels on any roadway or waterway in order to conduct inspections.
(B) Order that areas in a conveyance that contain water be drained, dried, or decontaminated pursuant to procedures approved by the department.
(C) Impound or quarantine conveyances in locations designated by the department for up to five days or the period of time necessary to ensure that dreissenid mussels can no longer live on or in the conveyance.
(D) (i) Conduct inspections of waters of the state and facilities located within waters of the state that may contain dreissenid mussels. If dreissenid mussels are detected or may be present, the director or the director’s designee may order the affected waters or facilities closed to conveyances or otherwise restrict access to the affected waters or facilities, and shall order that conveyances removed from, or introduced to, the affected waters or facilities be inspected, quarantined, or disinfected in a manner and for a duration necessary to detect and prevent the spread of dreissenid mussels within the state.
(ii) For the purpose of implementing clause (i), the director or the director’s designee shall order the closure or quarantine of, or restrict access to, these waters, areas, or facilities in a manner and duration necessary to detect and prevent the spread of dreissenid mussels within the state. A closure, quarantine, or restriction shall not be authorized by the director or the director’s designee without the concurrence of the Secretary of the Natural Resources Agency. If a closure lasts longer than seven days, the department shall update the operator of the affected facility every 10 days on efforts to address the dreissenid mussel infestation. The department shall provide these updates in writing and also post these updates on the department’s internet website in an easily accessible manner.
(iii) The department shall develop procedures to ensure proper notification of affected local and federal agencies, and, as appropriate, the Department of Water Resources, the Department of Parks and Recreation, and the State Lands Commission in the event of a decision to close, quarantine, or restrict a facility pursuant to this paragraph. These procedures shall include the reasons for the closure, quarantine, or restriction, and methods for providing updated information to those affected. These procedures shall also include protocols for the posting of the notifications on the department’s internet website required by clause (ii).
(iv) When deciding the scope, duration, level, and type of restrictions, and specific location of a closure or quarantine, the director shall consult with the agency, entity, owner, or operator with jurisdiction, control, or management responsibility over the marina, boat launch facility, or other facility, in order to focus the closure or quarantine to specific areas and facilities so as to avoid or minimize disruption of economic or recreational activity in the vicinity.
(b) (1) Upon a determination by the director that it would further the purposes of this section, other state agencies, including, but not limited to, the Department of Parks and Recreation, the Department of Water Resources, the Department of Food and Agriculture, and the State Lands Commission, may exercise the authority granted to the department in subdivision (a).
(2) A determination made pursuant to paragraph (1) shall be in writing and shall remain in effect until withdrawn, in writing, by the director.
(c) (1) Except as provided in paragraph (2), Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the implementation of this section.
(2) An action undertaken pursuant to subparagraph (B) of paragraph (2) of subdivision (a) involving the use of chemicals other than salt or hot water to decontaminate a conveyance or a facility is subject to Division 13 (commencing with Section 21000) of the Public Resources Code.
(d) (1) A public or private agency that operates a water supply system shall cooperate with the department to implement measures to avoid infestation by dreissenid mussels and to control or eradicate any infestation that may occur in a water supply system. If dreissenid mussels are detected, the operator of the water supply system, in cooperation with the department, shall prepare and implement a plan to control or eradicate dreissenid mussels within the system. The approved plan shall contain the following minimum elements:
(A) Methods for delineation of infestation, including both adult mussels and veligers.
(B) Methods for control or eradication of adult mussels and decontamination of water containing larval mussels.
(C) A systematic monitoring program to determine any changes in conditions.
(D) The requirement that the operator of the water supply system permit inspections by the department as well as cooperate with the department to update or revise control or eradication measures in the approved plan to address scientific advances in the methods of controlling or eradicating mussels and veligers.
(2) If the operator of water delivery and storage facilities for public water supply purposes has prepared, initiated, and is in compliance with all the elements of an approved plan to control or eradicate dreissenid mussels in accordance with paragraph (1), the requirements of subdivision (a) do not apply to the operation of those water delivery and storage facilities, and the operator is not subject to any civil or criminal liability for the introduction of dreissenid mussel species as a result of those operations. The department may require the operator of a facility to update its plan, and if the plan is not updated or revised as described in subparagraph (D) of paragraph (1), subdivision (a) shall apply to the operation of the water delivery and storage facilities covered by the plan until the operator updates or revises the plan and initiates and complies with all of the elements of the updated or revised plan.
(e) Any entity that discovers dreissenid mussels within this state shall immediately report the discovery to the department.
(f) (1) In addition to any other penalty provided by law, any person who violates this section, violates any verbal or written order or regulation adopted pursuant to this section, or who resists, delays, obstructs, or interferes with the implementation of this section, is subject to a penalty, in an amount not to exceed one thousand dollars ($1,000), that is imposed administratively by the department.
(2) A penalty shall not be imposed pursuant to paragraph (1) unless the department has adopted regulations specifying the amount of the penalty and the procedure for imposing and appealing the penalty.
(g) The department may adopt regulations to carry out this section.
(h) Pursuant to Section 818.4 of the Government Code, the department and any other state agency exercising authority under this section shall not be liable with regard to any determination or authorization made pursuant to this section.
(i) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.

SEC. 2.

 Section 50370 of the Government Code is repealed.

SEC. 3.

 Section 66801 of the Government Code is amended to read:

66801.
 The provisions of this interstate compact executed between the States of Nevada and California are as follows:

TAHOE REGIONAL PLANNING COMPACT

ARTICLE I.FINDINGS AND DECLARATIONS OF POLICY

(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the region are substantial.
(3) The region exhibits unique environmental and ecological values that are irreplaceable.
(4) By virtue of the special conditions and circumstances of the region’s natural ecology, developmental pattern, population distribution, and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.
(6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural, and public health values provided by the Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving, and enhancing these values for the residents of the region and for visitors to the region.
(8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work, and play in or visit the region are divided among local governments, regional agencies, the States of California and Nevada, and the federal government.
(9) In recognition of the public investment and multistate and national significance of the recreational values, the federal government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the federal government should assist the states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to ensure an equilibrium between the region’s natural endowment and its manmade environment.
(b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances that will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules, and regulations in accordance with the provisions of this compact.

ARTICLE II.DEFINITIONS

As used in this compact, the following terms have the following meanings:
(a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe Counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California that lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.
(b) “Agency” means the Tahoe Regional Planning Agency.
(c) “Governing body” means the governing board of the Tahoe Regional Planning Agency.
(d) “Regional plan” means the long-term general plan for the development of the region.
(e) “Planning commission” means the advisory planning commission appointed pursuant to subdivision (h) of Article III.
(f) “Gaming” means to deal, operate, carry on, conduct, maintain, or expose for play any banking or percentage game played with cards, dice, or any mechanical device or machine for money, property, checks, credit, or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker, or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.
(g) “Restricted gaming license” means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.
(h) “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.
(i) “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. Such standards shall include, but not be limited to, standards for air quality, water quality, soil conservation, vegetation preservation, and noise.
(j) “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.
(k) “Areas open to public use” means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.
(l) “Areas devoted to private use of guests” means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas of each side of the hallway are hotel rooms.
(m) “Nonrestricted license” means a gaming license that is not a restricted gaming license.

ARTICLE III.ORGANIZATION

(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.
The governing body of the agency shall be constituted as follows:
(1) California delegation:
(A) One member appointed by each of the County Boards 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. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California, and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California. A member appointed by the Speaker of the Assembly or the Senate Rules Committee may, subject to confirmation by the appointing power, designate an alternate to attend meetings and vote in the absence of the appointed member. The designation of a named alternate, which shall be in writing and contain evidence of confirmation by the appointing power, shall be kept on file with the agency. An appointed member may change the alternate from time to time, with the confirmation of the appointing power, but shall have only one designated alternate at a time. An alternate shall be subject to those qualifications and requirements prescribed by this compact that are applicable to the appointed member.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county commissioners of Douglas and Washoe Counties and one member appointed by the Board of Supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) Two members appointed by the Governor of Nevada, one member appointed by the Speaker of the Assembly and one member appointed by the Majority Leader of the Nevada Senate. All members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of Nevada. A member appointed by the Speaker of the Nevada Assembly or the Majority Leader of the Nevada Senate may, subject to confirmation by the appointing power, designate an alternate to attend meetings and vote in the absence of the appointed member. The designation of a named alternate, which shall be in writing and contain evidence of confirmation by the appointing power, shall be kept on file with the agency. An appointed member may change the alternate from time to time, with the confirmation of the appointing power, but shall have only one designated alternate at a time. An alternate shall be subject to those qualifications and requirements prescribed by this compact that are applicable to the appointed member.
(3) If any appointing authority under subparagraph (A) or (B) of paragraph (1) or subparagraph (A) or (B) of paragraph (2) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be one year.
(4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose any economic interests in the region within 10 days after taking a seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest acquired as soon as feasible after acquiring it. As used in this paragraph, “economic interests” means any of the following:
(A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than one thousand dollars ($1,000).
(B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than one thousand dollars ($1,000).
(C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating two hundred fifty dollars ($250) or more in value received by or promised to the member within the preceding 12 months.
(D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, or employee, or holds any position of management.
No member or employee of the agency shall make, or attempt to influence, an agency decision in which they know or have reason to know that they have an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.
(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body that they represent in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
(c) The members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every four years. Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as “the first Monday of each month,” and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by publishing the date and place and posting an agenda at least five days prior to the meeting.
(e) The position of a member of the governing body shall be considered vacated upon the loss of any of the qualifications required for that appointment, and in such event the appointing authority shall appoint a successor.
(f) The governing body shall elect from its own members a chairperson and vice chairperson, whose terms of office shall be two years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:
(1) For adopting, amending, or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules, and regulations, and for granting variances from the ordinances, rules, and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.
(2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, that indicates that the project complies with the regional plan and with applicable ordinances, rules, and regulations of the agency.
(3) For routine business and for directing the agency’s staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.
Whenever under the provisions of this compact or any ordinance, rule, regulation, or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agency’s rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless the applicant has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations, and procedures.
(h) (1) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County, and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the State Air Resources Board of the State of California, the Director of the State Department of Conservation and Natural Resources of the State of Nevada, the Administrator of the Division of Environmental Protection in the State Department of Conservation and Natural Resources of the State of Nevada, the Administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least one-half of whom shall be residents of the region. Any official member may designate an alternate.
(2) The term of office of each lay member of the advisory planning commission shall be two years. Members may be reappointed.
(3) The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.
(4) The advisory planning commission shall elect from its own members a chairperson and a vice chairperson, whose terms of office shall be two years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.
(5) A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.
(i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance, and other record of the agency that is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be opened to inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.

ARTICLE IV.PERSONNEL

(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.
(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.

ARTICLE V.PLANNING

(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing, which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days before the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify, or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan by either of the following entities, the governing body shall complete its action on the amendment within 180 days after that request is accepted as complete according to standards that must be prescribed by ordinance of the agency:
(1) A political subdivision a part of whose territory would be affected by the amendment.
(2) The owner or lessee of real property that would be affected by the amendment.
(b) The agency shall develop, in cooperation with the States of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the President’s Council on Environmental Quality, the United States Forest Service, and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.
(c) Within one year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules, and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan, and, in so doing, shall ensure that the regional plan reflects changing economic conditions and the economic effect of regulation on commerce. 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.
The regional plan shall be a single enforceable plan and include all of 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 and permitted uses.
(2) 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. The goal of transportation planning shall be:
(A) To reduce 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.
(B) To reduce to the extent feasible air pollution that is caused by motor vehicles.
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.
The plan shall provide for an appropriate transit system for the region.
The plan shall give consideration to all of the following:
(A) Completion of the Loop Road in the States of Nevada and California.
(B) Use of a light rail mass transit system in the south shore area.
(C) Use of a transit terminal in the Kingsbury Grade area.
Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.
(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, and recreational and historical facilities.
(4) A recreation plan for the development, use, 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, 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 the nature of their function, size, extent, and other characteristics are necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal, and other public agencies and nongovernmental agencies and organizations that affect or are concerned with planning and development within the region.
(d) (1) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.
(2) The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. 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.
(e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules, and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules, and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. The plan, ordinance, rule, or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules, and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agency’s plans, ordinances, rules, and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules, and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules, and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written findings that the agency must 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.
(h) The agency shall maintain the data, maps, and other information developed in the course of formulating and administering the regional plan, in a form suitable to ensure 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.
(i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

ARTICLE VI.AGENCY’S POWERS

(a) (1) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such 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 higher 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. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations, and policies shall be confined to matters that are general and regional in application, leaving to the jurisdiction of the respective states, counties, and cities the enactment of specific and local ordinances, rules, regulations, and policies that conform to the regional plan.
(2) The agency shall prescribe by ordinance those activities that it has determined will not have substantial effect on the land, water, air, space, or any other natural resources in the region and therefore will be exempt from its review and approval.
(3) Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
(b) (1) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f), and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules, and regulations enacted pursuant to subdivision (a) 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 (g) of Article V. Such findings shall be based on substantial evidence in the record.
(3) Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may 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 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.
(c) The Legislatures of the States of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region that might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.
(2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, before the effective date of the amendments to this compact.
(3) (A) During each of the calendar years 1980, 1981, and 1982, no city or county may issue building permits that authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph, a “residential unit” means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex, or a condominium.
(B) The Legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County
 (combined)  ........................

252
2. Placer County  ........................
278
3. Carson City  ........................
0
4. Douglas County  ........................
339
5. Washoe County  ........................
739
(4) (A) During each of the calendar years 1980, 1981, and 1982, no city or county may issue building permits that authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.
(B) The Legislatures find the respective square footages of commercial buildings authorized within the region during the calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County
 (combined)  ........................

64,324
2. Placer County  ........................
23,000
3. Carson City  ........................
 0
4. Douglas County  ........................
57,354
5. Washoe County  ........................
50,600
(5) No structure may be erected to house gaming under a nonrestricted license.
(6) No facility for the treatment of sewage may be constructed or enlarged except in any of the following circumstances:
(A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluence under the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) and the applicable state law for control of water pollution.
(B) To accommodate development which is not prohibited or limited by this subdivision.
(C) In the case of Douglas County Sewer District #1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluence for which they were originally designed, which is 3.0 mgd. The modification or alteration is not a “project,” is not subject to the requirements of Article VII, and does not require a permit from the agency. Before commencing that modification or alternative, however, the district shall submit to the agency its report identifying any significant soil erosion problems that may be caused by the modifications or alterations and the measures that the district proposes to take to mitigate or avoid those problems.
The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the construction of any parking garage that has been approved by the agency before May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation that was pending on the effective date of the amendments to this compact, should, or should not, be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if judgment sustaining the agency’s approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.
(d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the States of California and Nevada shall recognize as a permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license that existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date. The area within any structure housing gaming under a nonrestricted license that may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure that requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms, or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.
(e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height, and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.
(f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license that is not prohibited by subdivision (d):
(1) The agency’s review of an external modification of the structure that requires a permit from a local government is limited to determining whether the external modification will do any of the following:
(A) Enlarge the cubic volume of the structure.
(B) Increase the total square footage of area open to or approved for public use on May 4, 1979.
(C) Convert an area devoted to the private use of guests to an area open to public use.
(D) Increase the public area open to public use that is used for gaming beyond the limits contained in paragraph (3).
(E) Conflict with or be subject to the provisions of any of the agency’s ordinances that are generally applicable throughout the region.
The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agency’s rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.
(3) Internal modification, remodeling, change in use, or repair of areas open to the public use within a structure housing gaming under a nonrestricted license that alone or in combination with any other such modification, remodeling, change in use, or repair will increase the total portion of those areas that are used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by subdivision (g), base area means all of the area within a structure housing gaming under a nonrestricted license that may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, restrooms, engineering and mechanical rooms, accounting rooms, and counting rooms.
(g) In order to administer and enforce the provisions of subdivisions (d), (e), and (f), the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide both of the following:
(1) Documents containing sufficient information for the Nevada agency to establish all of the following relative to the structure:
(A) The location of its external walls.
(B) Its total cubic volume.
(C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979.
(D) The amount of surface area of land under the structure.
(E) The base area as defined in paragraph (3) of subdivision (f) in square feet existing on or approved before August 4, 1980.
(2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use that is used for gaming.
The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.
(h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.
(i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.
(j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan, or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:
(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the agency.
(B) Actions arising out of the issuance to a person of a lease, permit, license, or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any person or public agency.
Those legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.
(2) Venue lies:
(A) 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, in the state or federal judicial district where the real property is situated.
(B) If an action challenges an activity that does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.
(3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States 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 Tahoe Regional Planning Agency or any state, federal, or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning 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 that is being challenged, or who had good cause for not making such an appearance.
(4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.
(5) (A) In any legal action filed pursuant to this subdivision that challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision that challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious, or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.
(B) (i) When adopting or amending a regional plan, the agency shall act in accordance with the requirements of the compact and its implementing ordinances, rules, and regulations, and a party challenging the regional plan has the burden of showing that the regional plan is not in conformance with those requirements.
(ii) When taking an action or making a decision, the agency shall act in accordance with the requirements of the compact and the regional plan, including the implementing ordinances, rules, and regulations, and a party challenging the action or decision has the burden of showing that the act or decision is not in conformance with those requirements.
(6) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law that were applicable before the effective date of this subdivision.
(7) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule, or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations, and ordinances in which case no security shall be required.
(k) 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.
(l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed five thousand dollars ($5,000). Any such person is subject to an additional civil penalty not to exceed five thousand dollars ($5,000) per day, for each day on which such 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.
(m) The agency is hereby empowered to initiate, negotiate, and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
(n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
(o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the Legislative Auditor of the State of Nevada.
(p) Approval by the agency of any project expires three years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the three-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 such legal action as provided in this subdivision.
(q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.

ARTICLE VII.ENVIRONMENTAL IMPACT STATEMENTS

(a) The Tahoe Regional Planning Agency, when acting upon matters that have a significant effect on the environment, shall do all of the following:
(1) Use a systematic, interdisciplinary approach that will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking that may have an impact on the environment of humans.
(2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include all of the following:
(A) The significant environmental impacts of the proposed project.
(B) Any significant adverse environmental effects that cannot be avoided should the project be implemented.
(C) Alternatives to the proposed project.
(D) Mitigation measures that must be implemented to ensure meeting standards of the region.
(E) The relationship between local short-term uses of the environment of humans and the maintenance and enhancement of long-term productivity.
(F) Any significant irreversible and irretrievable commitments of resources that would be involved in the proposed project should it be implemented.
(G) The growth-inducing impact of the proposed project.
(3) Study, develop, and describe appropriate alternatives to recommended courses of action for any project that involves unresolved conflicts concerning alternative uses of available resources.
(4) Make available to states, counties, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the region’s environment.
(5) Initiate and use ecological information in the planning and development of resource-oriented projects.
(b) Before completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state, or local agency that has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state, and local agencies that are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.
(c) (1) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data that is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or a federal environmental impact statement prepared pursuant to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). However, the information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.
(2) In addition, any person may submit information relative to a proposed project that may be included, in whole or in part, in any environmental impact statement required by this article.
(d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated into such project that avoid or reduce the significant adverse environmental effects to a less than significant level.
(2) Specific considerations, such as economic, social, or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.
A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.
(e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of projects that the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Before adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.

ARTICLE VIII.FINANCES

(a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion seventy-five thousand dollars ($75,000) of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay eighteen thousand seven hundred fifty dollars ($18,750) to the agency and each county within the region in Nevada, including Carson City, shall pay twelve thousand five hundred dollars ($12,500) to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1, of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the States of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any services rendered by it.
(c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.
(d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds, but the agency may not own land except as provided in subdivision (i) of Article III.
(e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.

ARTICLE IX.TRANSPORTATION DISTRICT

(a) The Tahoe Transportation District is hereby established as a special purpose district authorized and operating under the federal authority provided by Public Law 96-551. The boundaries of the district are conterminous with those of the region as established under Public Law 96-551 for the Tahoe Regional Planning Agency.
(b) The business of the district shall be managed by a board of directors consisting of the following members:
(1) One member of the Board of Supervisors of each of the Counties of El Dorado and Placer appointed by the respective board of supervisors.
(2) One member of the City Council of South Lake Tahoe appointed by the city council.
(3) One member each of the Board of County Commissioners of Douglas County and Washoe County appointed by the respective board of county commissioners.
(4) One member of the Board of Supervisors of Carson City appointed by the board of supervisors.
(5) One member of the South Shore Transportation Management Association, or its successor organization, appointed by the association.
(6) One member of the North Shore Transportation Management Association, or its successor organization, appointed by the association.
(7) One member appointed by the governing body of the agency.
(8) One member appointed by a majority of the other voting directors who represents a public or private transportation system operating in the region.
(9) The Director of the Department of Transportation of the State of California.
(10) The Director of the Department of Transportation of the State of Nevada.
(11) One member appointed by the Governor of California.
(12) One member appointed by the Governor of Nevada.
(c) Any appointing authority may designate an alternate.
(d) The Director of the Department of Transportation of the State of California and the Director of the Department of Transportation of the State of Nevada shall serve as nonvoting directors, but shall provide technical and professional advice to the district as necessary and appropriate.
(e) The board of directors shall elect from its own members a chairperson and a vice chairperson, whose terms of office shall be two years. If a vacancy occurs in either office, the board may fill that vacancy for the unexpired term. A member who is elected to serve as chairperson or vice chairperson pursuant to this subdivision may be elected to serve a subsequent term as chairperson or vice chairperson, as applicable.
(f) The affirmative vote of at least a majority of the directors shall be required for the transaction of any business of the board of directors. If a majority of votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.
(g) The district may by resolution establish procedures for the adoption of its budgets, the appropriation of money, and the carrying on of its other financial activities. Those procedures shall conform insofar as is practicable to the procedures for financial administration of the State of California or the State of Nevada or one or more of the local governments in the district.
(h) The district may, in accordance with its adopted transportation plan, do all of the following:
(1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.
(2) Own and operate support facilities for public or private transportation systems, including, but not limited to, parking lots, maintenance facilities, terminals, and related equipment, including revenue collection devices.
(3) Acquire and enter into agreements to operate upon mutually acceptable terms any public or private transportation system or facility within the region.
(4) Hire the employees of existing public transportation systems that are acquired by the district, without loss of benefits to the employees, bargain collectively with the employees, and extend pension and other collateral benefits to employees.
(5) Fix the rates and charges for transportation services provided pursuant to this article.
(6) Issue revenue bonds and other evidence of indebtedness and make other financial arrangements appropriate for developing and operating a public transportation system.
(7) Contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region.
(8) Contract with local governments in the region to operate transportation facilities and services under mutually agreeable terms and conditions.
(9) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The proposed tax shall be of general and of uniform operation throughout the region and may not be graduated in any way, except for a sales and use tax. If a sales and use tax is approved by the voters, as provided in this paragraph, it may be administered through the State of California and the State of Nevada, respectively, in accordance with the laws that apply within their respective jurisdictions and shall not exceed a rate of 1 percent of the gross receipts from the sale of tangible personal property sold in the district. The district is prohibited from imposing an ad valorem tax, a tax measured by gross or net receipts on business, a tax or charge that is assessed against persons or vehicles as they enter or leave the region, or any tax, direct or indirect, on gaming tables and devices. Any such proposition shall be submitted to the voters of the district and shall become effective upon approval in accordance with the applicable voter approval requirement for the voters voting on the proposition who reside in the State of California and upon approval in accordance with the applicable voter approval requirement for the voters voting on the proposition who reside in the State of Nevada. The revenues from the tax shall be used for the services for which it was imposed and for no other purpose.
(10) Provide services from inside the region to convenient airport, railroad, and bus terminals without regard to the boundaries of the region.
(11) The Legislature of the State of California and the Legislature of the State of Nevada may, by substantially identical enactments, amend this article.

ARTICLE X.MISCELLANEOUS

(a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.
(c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.
(d) No provision of this compact shall have any effect upon the allocation, distribution, or storage of interstate waters or upon any appropriative water right.

SEC. 4.

 Section 614 of the Public Resources Code is amended to read:

614.
 The department shall provide soil conservation advisory services to local governments, land owners, farmers and ranchers, resource conservation districts, and the general public. The services shall include, but not be limited to, all of the following:
(a) State level liaison with the resource conservation districts.
(b) Review of documents prepared under the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(c) Provision of information on the soil conservation components of the federal 1985 Food Security Act.
(d) Assistance to local governments on the development of soil conservation guidelines for general plans.
(e) Responding to inquiries from the general public.

SEC. 5.

 Section 615 of the Public Resources Code is amended to read:

615.
 Grants administered by the department, including, but not limited to, those awarded pursuant to Division 9 (commencing with Section 9001), Division 10.2 (commencing with Section 10200), and Division 12.1 (commencing with Section 14500), are not subject to the State Contract Act (Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code) or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.

SEC. 6.

 Section 5012 of the Public Resources Code is amended to read:

5012.
 The department may, upon application by the proper authorities, grant permits and easements for the following purposes and upon the terms as the department may prescribe:
(a) To a public agency for public roads.
(b) To a public agency for public bicycle and pedestrian trails.
(c) To a public agency for utility lines.
(d) For electric, gas, water, sewer, telephone, telegraph and utility lines, and pipelines and structures incidental thereto, to perform a public service or oil or gas pipelines.
(e) To a public agency for channels or facilities for the development of small craft harbors and recreational areas.
(f) (1) To an oil and gas lessee of the state for pipeline right-of-way purposes.
(2) A permit, easement, or right-of-way for oil or gas pipelines shall not be granted pursuant to this section as to land acquired by the state for beach or park purposes by condemnation after September 18, 1959, unless and until a period of 12 calendar months has elapsed following the date of acquisition of the land.

SEC. 7.

 Section 10211 of the Public Resources Code is amended to read:

10211.
 “Agricultural conservation easement” or “easement” means an interest in land, less than fee simple, which represents the right to prevent the development or improvement of the land, as specified in Section 815.1 of the Civil Code, for any purpose other than agricultural production. The easement shall be granted for the California Farmland Conservancy Program by the owner of a fee simple interest in land to any of the organizations or entities specified in Section 815.3 of the Civil Code. It shall be granted in perpetuity as the equivalent of covenants running with the land.

SEC. 8.

 Section 31013 of the Public Resources Code is amended to read:

31013.
 “Nonprofit organization” means any private, nonprofit organization that qualifies under Section 501(c)(3) of the United States Internal Revenue Code of 1986.

SEC. 9.

 Section 31116 of the Public Resources Code is amended to read:

31116.
 (a) Funds may be granted to a nonprofit organization under this division if the nonprofit organization enters into an agreement with the conservancy, subject to terms and conditions specified by the conservancy.
(b) In the case of a grant for land acquisition, the agreement shall provide all of the following:
(1) The purchase price of any interest in land acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the conservancy.
(2) The conservancy shall approve the terms under which the interest in land is acquired.
(3) The interest in land acquired pursuant to a grant from the conservancy may not be used as security for any debt to be incurred by the nonprofit organization unless the conservancy approves the transaction.
(4) The transfer of land acquired pursuant to a conservancy grant shall be subject to the approval of the conservancy and a new agreement sufficient to protect the interest of the people of California shall be entered into with the transferee.
(5) If any essential term or condition is violated, title to all interest in real property acquired with state funds shall immediately vest in the state.
(6) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state unless another appropriate public agency or nonprofit organization is identified by the conservancy and agrees to accept title to all interests in real property.
(c) Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall set forth the reversionary interest of the state.
(d) The conservancy shall also require an agreement sufficient to protect the public interest in any improvement or development constructed under a grant to a nonprofit organization for improvement and development of a project under this division. The agreement shall particularly describe any real property that is subject to the agreement, and it shall be recorded by the conservancy in the county in which the real property is located.

SEC. 10.

 Section 38505 of the Vehicle Code is amended to read:

38505.
 A person, on and after January 1, 1989, shall not operate, ride, or be otherwise propelled on an all-terrain vehicle on public lands, as described in Section 38001, unless the person wears a safety helmet meeting requirements established for motorcycles and motorized bicycles, pursuant to Section 27802.

SEC. 11.

 Section 38506 of the Vehicle Code is amended to read:

38506.
 An operator of an all-terrain vehicle shall not carry a passenger when operating on public lands, as described in Section 38001.
However, the operator of an all-terrain vehicle, that is designed for operation off of the highway by an operator with no more than one passenger, may carry a passenger when operating on public lands, as described in Section 38001.

SEC. 12.

 Section 38600 of the Vehicle Code is amended to read:

38600.
 A person operating a recreational off-highway vehicle on lands, as described in Section 38001, shall be at least 16 years of age, or be directly supervised in the vehicle by a parent or guardian or by an adult authorized by the parent or guardian.

SEC. 13.

 Section 38601 of the Vehicle Code is amended to read:

38601.
 A person shall not operate, or allow a passenger in, a recreational off-highway vehicle on public lands, as described in Section 38001, unless the person and the passenger are wearing safety helmets meeting the requirements established for motorcycles and motorized bicycles pursuant to Section 27802.

SEC. 14.

 Section 38602 of the Vehicle Code is amended to read:

38602.
 A person operating, and any passenger in, a recreational off-highway vehicle on lands, as described in Section 38001, shall wear a seatbelt and shoulder belt or safety harness that is properly fastened when the vehicle is in motion.

SEC. 15.

 Section 38603 of the Vehicle Code is amended to read:

38603.
 (a) A person operating a recreational off-highway vehicle with a model year of 2014 or later on lands, as described in Section 38001, shall not allow a passenger to occupy a separate seat location not designed and provided by the manufacturer for a passenger.
(b) Seats that are installed in a separate seat location not designed and provided by the manufacturer for a passenger in a vehicle with a model year of 2013 or earlier on lands, as described in Section 38001, may be occupied by a passenger if the occupant of the seat is fully contained inside of the vehicle’s rollover protection structure at all times while the vehicle is being operated.

SEC. 16.

 Section 38604 of the Vehicle Code is amended to read:

38604.
 (a) A person operating a recreational off-highway vehicle on lands, as described in Section 38001, shall not ride with a passenger, unless the passenger, while seated upright with their back against the seatback, can grasp the occupant handhold with the seatbelt and shoulder belt or safety harness properly fastened.
(b) For purposes of this chapter, “occupant handhold” means any factory or aftermarket device grasped by an occupant to provide support and to assist in keeping arms and hands within the recreational off-highway vehicle. The steering wheel shall be considered an occupant handhold for the recreational off-highway vehicle operator.
(c) Occupant handholds shall be designed to allow the recreational off-highway vehicle passenger to exit the vehicle without interference from the handholds.

SEC. 17.

 (a) For purposes of this section, the following terms have the following meanings:
(1) “Caltrans” means the Department of Transportation.
(2) “County” means the County of San Diego.
(3) “Department” means the Department of Parks and Recreation.
(4) “SDCWA” means the San Diego County Water Authority.
(5) “SDCWA mitigation program” means the acquisition and development of sensitive habitat lands for compensatory mitigation purposes for biological resources impacts, in advance of impacts that will result from SDCWA’s future capital projects or maintenance actions, consistent with its Department of Fish and Wildlife-approved Natural Community Conservation Plan.
(6) “SR 76” means the State Route 76 highway located in the county.
(7) “Parcel 1” means the parcel of property (Assessor Parcel Number 125-080-20) owned by the county, which is a 2.11-acre portion of a 69-acre property located west of the western terminus of 4500 Dulin Road in Fallbrook, California (92028), in the county, purchased for park purposes with the assistance of two million five hundred thousand dollars ($2,500,000) in grants from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Chapter 1.696 (commencing with Section 5096.600) of Division 5 of the Public Resources Code).
(8) “Parcel 2” means the parcel of property (Assessor Parcel Number 125-080-13) owned by Caltrans, which is a 2.11-acre portion of property located at 4141 Pala Road in Fallbrook, California (92028), in the county.
(9) “Parcel 3” means the parcel of property owned by SDCWA, which is a 2.76-acre portion consisting of fee and easement over property located in the county on a portion of Assessor Parcel Numbers 125-080-19 and 125-090-36 impacted by Caltrans SR 76 highway improvement project.
(b) The Legislature finds and declares both of the following:
(1) Through a land exchange to be achieved through this act, the county proposes to transfer Parcel 1 to SDCWA because the county cannot utilize the parcel as it is geographically split from the rest of the county’s 67 acres by the San Luis Rey River. SDCWA needs Parcel 1 because it is adjacent to the SDCWA mitigation program.
(2) The county further proposes that Caltrans transfer Parcel 2 to the county on behalf of SDCWA because Parcel 2 is not needed for transportation purposes but is adjacent to the county’s remaining 67 acres. Caltrans is part of the exchange because it owes SDCWA compensation for receiving Parcel 3 for the construction of the SR 76 highway improvement project.
(c) Notwithstanding Chapter 2.5 (commencing with Section 5400) of Division 5 of the Public Resources Code, the county may transfer Parcel 1 to SDCWA and the county may accept Caltrans’ transfer of Parcel 2 to the county if all of the following conditions are satisfied:
(1) The county and Caltrans each provide an independent assessor’s valuation of fair market value, conducted on or after January 1, 2018, of Parcel 1 and Parcel 2, respectively, to the department on or before May 1, 2020.
(2) The independent assessor’s valuation of the fair market value of Parcel 2 is the same as or greater than the independent assessor’s valuation of the fair market value of Parcel 1.
(3) Caltrans receives the approval of the California Transportation Commission for the transfer to the county of Parcel 2 as soon as is practicable.
(4) The county signs an agreement with the department on or before March 31, 2020, that includes all of the following provisions:
(A) All ongoing obligations of the county connected with Parcel 1 in accordance with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Chapter 1.656 (commencing with Section 5096.600) of Division 5 of the Public Resources Code) and any grant agreements entered into pursuant thereto will be transferred to Parcel 2.
(B) The county ensures that Parcel 2 is maintained and operated in perpetuity for park purposes.
(5) All costs associated with the transfers of Parcels 1 and 2 shall be borne by, or reimbursed by, the county on or before July 31, 2020.

SEC. 18.

 The Legislature finds and declares that the transfer of state property authorized in Section 17 of this act does not constitute a sale of state property as set forth in Section 9 of Article III of the California Constitution or subdivision (g) of Section 11011 of the Government Code.

SEC. 19.

 The Legislature finds and declares that, with respect to Section 17 of this act, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable to the lands in the County of San Diego described in Section 17 of this act.

SEC. 20.

 Section 3 of this act shall become operative only if the State of Nevada, by a substantially identical enactment, adopts amendments to Article IX of the Tahoe Regional Planning Compact as provided in Section 3 of this act.

SEC. 21.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.