1.
MEMORANDUM
Via Electronic Mail
DATE:
TO:
Assemblywoman Teresa Benitez-Thompson
Senator James A. Settelmeyer
Senator David R. Parks
FROM: ,
SUBJECT:
This memorandum is directed to the four remaining members of the Legislative Committee for the
Review and Oversight of the TRPA and the Marlette Lake Water System.
RECENT CALIFORNIA LEGISLATION RELATING TO TRPA
On Friday, February 22, 2013, Senate Bill 630 was introduced in the California Legislature by
Senator Fran Pavley and Senator Darrell Steinberg, President pro Tempore. Senate Bill 630 sets
forth a contingency plan for the California TRPA to assume the duties and powers currently held
by the bistate TRPA for the portion of the Lake Tahoe Basin within the State of California if the
Nevada Legislature does not repeal Senate Bill 271 (Chapter 530, Statutes of Nevada 2011) during
the 2013 Legislative Session. Below is a link to the text of S.B. 630:
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0601-
0650/sb_630_bill_20130222_introduced.pdf
Also attached is a document prepared by staff of the California Legislature, “Fact Sheet: SB 630.”
SENATE BILL 271 (CHAPTER 530, STATUTES OF NEVADA 2011)
Following is a summary of the conditions set forth in S.B. 271 regarding the Tahoe Regional
Planning Compact (the Compact) and an updated Regional Plan for the TRPA. provides for the
withdrawal of the State of Nevada from the Compact under certain circumstances. This withdrawal
will take effect on October 1, 2015, unless the governing body of the TRPA adopts an updated
2. Regional Plan and certain proposed amendments to the Compact, which are outlined below.
Voting changes:
• To adopt, amend, or repeal environmental threshold carrying capacities, the regional plan,
and ordinances, rules and regulations, and for granting variances for the ordinances, rules
and regulations would change from four members of the TRPA Governing Board from
each state to nine members total.
• To approve a project, the affirmative vote is reduced from five to four members from the
state in which the project is located, but the total votes required remains nine members.
Regional Plan must reflect the Lake Tahoe Basin’s changing economic conditions and the
economic effect of regulation on commerce; and
Set forth in the Compact that a person who challenges the Regional Plan has the burden of
proof to show that the plan violates the Compact.
The Governor of Nevada may issue a proclamation extending this withdrawal deadline to October
1, 2017. The bill specifies that if Nevada withdraws from the Compact, the Nevada TRPA will
assume the duties and powers currently held by the bistate Agency for the portion of the Lake
Tahoe Basin within Nevada; any approval for a project that was issued by the TRPA remains valid.
Please note the TRPA adopted an updated Regional Plan on December 12, 2012, and the Sierra
Club and the Friends of the West Shore filed a lawsuit challenging the updated Regional Plan on
February 11, 2013.
2013 NEVADA LEGISLATURE
The Senate Committee on Government Affairs has requested bill draft number 22--726 to repeal
S.B. 271. Please contact me by email (jruedy@lcb.state.nv.us) or by telephone (775684-6825)
with any questions regarding this memorandum.
/gn:
Attachment
cc: Eileen G. O’Grady, Chief Deputy Legislative Counsel, Legal Division, Legislative Counsel Bureau (LCB)
Heidi Chlarson, Principal Deputy Legislative Counsel, Legal Division, LCB
W ayne Thorley, Program Analyst, Fiscal Analysis Division, LCB