California Senate Bill SB630 Amended / Bill

 BILL NUMBER: SB 630AMENDED BILL TEXT AMENDED IN SENATE APRIL 2, 2013 INTRODUCED BY Senators Pavley and Steinberg FEBRUARY 22, 2013 An act to amend Sections  67023,  67025, 67049, 67070,  67101,   67072, 67075, 67102, 67103, 67105,  and 67120 of, to  add Sections 67022.5, 67022.7, 67027, 67072.1, 67106.2, and 67107.1 to, to  repeal Sections 67061, 67073, 67074,  67103.1, 67109, and 67125 of, and to repeal and add  Section 67041   Sections 67041, 67100, and 67101  of, the Government Code, relating to the California Tahoe Regional Planning Agency. LEGISLATIVE COUNSEL'S DIGEST SB 630, as amended, Pavley. California Tahoe Regional Planning Agency. Existing law ratified the "Tahoe Regional Planning Compact," a bilateral agreement between the States of Nevada and California to regulate development in the Lake Tahoe basin. The compact established the Tahoe Regional Planning Agency as a separate legal entity, comprised of members from  the States of  Nevada and California, responsible for implementing a "regional plan," as defined, regulating development in the Lake Tahoe region, as defined. Existing law also creates the California Tahoe Regional Planning Agency as a separate legal entity and as a political subdivision of the State of California, and prescribes the membership, functions, and duties of the agency, as specified. Existing law requires the agency, within 18 months of its formation, to prepare, adopt, and review and maintain a comprehensive long-term general plan for the development of the Tahoe region, referred to as the "regional plan," except that when the Tahoe Regional Planning Compact becomes effective, the time for preparation of the regional plan is required to be extended so that it coincides with the date upon which the agency must submit its plan. Existing law also requires the agency to adopt all necessary ordinances, rules, regulations  ,  and policies to effectuate the adopted regional and interim regional plans. For purposes of those provisions, the "interim plan" is defined to mean the interim regional plan adopted pending the adoption of the regional plan. This bill would, for purposes of those provisions, define the "interim regional plan" to mean the interim regional plan adopted by the Tahoe Regional Planning Agency on December 12, 2012  , and would define the terms "environmental threshold carrying capacity," "feasible," and "project," as prescribed  . The bill would revise the membership of the governing body of the agency to eliminate the existing 5 members of the governing body, and prescribe requirements for the appointment of a new 9-member governing board. The bill would also revise the composition of a technical advisory committee required to be appointed by the agency, and would request the participation of a representative of the governing board of the Nevada Tahoe Regional Planning Agency. The bill would eliminate a provision authorizing the governing body of the agency to contract with the Tahoe Regional Planning Agency for services. This bill would delete the requirement that the agency, within 18 months of its formation, prepare, adopt, and review and maintain a comprehensive long-term general plan for the development of the Tahoe region, and would instead require the agency to implement the interim plan adopted by the Tahoe Regional Planning Agency on December 12, 2012, in accordance with prescribed requirements.  The bill would, commencing January 1, 2014, prohibit a project from being developed in the region without the review and approval of the agency, and would prohibit the approval of a project unless it is found by the agency to comply with the regional plan, and with related ordinances, rules, and regulations, but would specify that those provisions shall not become operative if a specified Nevada Senate Bill is   repealed on or before January 1, 2014. The bill would prescribe requirements and civil penalties for legal actions arising out of or alleging a   violation of these provisions governing the agency.  The bill would revise certain other of the agency's powers and responsibilities with regard to the review and approval of projects for the development of the Tahoe region, as prescribed. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Since 1980, the States of Nevada and California have cooperated in protecting Lake Tahoe's exceptional natural resources by having a single entity, the Tahoe Regional Planning Agency (TRPA), be responsible for regulating development in the Tahoe Basin. The states and Congress created the Tahoe Regional Planning Agency through the Tahoe Regional Planning Compact, as prescribed in Title 7.4 (commencing with Section 66800) of the Government Code  (bistate compact)  . It is the intent of the Legislature to maintain that cooperation by having a single entity continue to regulate development in the Tahoe Basin. A single entity will continue to enhance the efficiency and governmental effectiveness of the region, and thereby help to maintain the social and economic health of the region by protecting, preserving, and enhancing the region's unique environmental and ecological values. (b) In 2011, the Nevada Legislature enacted Senate Bill 271 (Chapter 530 of the Statutes of 2011). That legislation potentially requires  the State of  Nevada to withdraw from the Tahoe Regional Planning Compact in 2015, unless the TRPA adopts an Updated Regional Plan and the bistate compact is amended to reduce its protection of Lake Tahoe's resources. During 2012,  the States of  California and Nevada engaged in a formal bistate consultation process, which led to  the  TRPA's adoption of an Updated Regional Plan on December 12, 2012. The California Legislature is hopeful that  through a successful, cooperative process, and the TRPA's adoption of the Updated Regional Plan,   the success of that bistate consultation  will lead to the repeal of Senate Bill 271. (c) Nevada Senate Bill 271 includes a provision that if  the State of  Nevada withdraws from the bistate compact, development on the Nevada side of the Tahoe Basin will be overseen by the Nevada Tahoe Regional Planning Agency. However, California does not have an active entity that will oversee development on the California side of the Tahoe Basin in the event that  the State of  Nevada withdraws from the bistate compact. The California Legislature, therefore, must make contingency plans to protect California's important interests in the Tahoe Basin in the event that  the State of  Nevada withdraws from the bistate Tahoe compact. The contingency plan established in this legislation is not intended to take effect if Nevada repeals Senate Bill 271 in its 2013 legislative session. Action in 2013 by  the State of  Nevada is essential because its Legislature does not meet in 2014 and, by operation of Nevada law, that state may exercise its prerogative to withdraw from the compact in 2015. For California to have  due   sufficient  time to protect its many interests in the Tahoe basin   Basin  , the state will need to have a contingency plan in place prior to the dissolution of the bistate compact, as contemplated by  Nevada  Senate Bill 271.  SEC. 2.   Section 67022.5 is added to the   Government Code   , to read:   67022.5. "Environmental threshold carrying capacity" means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific, or natural value of the region or to maintain public health and safety within the region. Those standards shall include, but not be limited to, standards for air quality, water quality, soil conservation, vegetation preservation, and noise.   SEC.   3.   Section 67022.7 is added to the   Government Code   , to read:   67022.7. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.   SEC.   4.   Section 67023 of the   Government Code   is amended to read:  67023. "Governing body" means the governing board of the  California  Tahoe Regional Planning Agency.  SEC. 2.   SEC. 5.  Section 67025 of the Government Code is amended to read: 67025. "Interim plan" shall mean the interim regional plan adopted pending the adoption of the regional plan. For purposes of this  article   title  , the interim regional plan shall be the regional plan adopted by the Tahoe Regional Planning Agency on December 12, 2012, as the plan is required to be modified by Section 67070.  Unless the context otherwise requires, the provisions of   this title concerning the regional plan shall also apply to the interim plan.   SEC. 6.   Section 67027 is added to the Government Code, to read: 67027. "Project" means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space, or any other natural resources of the region.   SEC. 3.  SEC. 7.  Section 67041 of the Government Code is repealed.  SEC. 4.   SEC. 8.  Section 67041 is added to the Government Code, to read: 67041. The governing body of the agency shall contain the following nine members: (a) One member appointed by the Governor who shall be an member of the Board of Supervisors of the County of El Dorado or the Board of Supervisors of the County of Placer, and one member appointed by the Governor who shall be an elected member of the city council of the City of South Lake Tahoe. Both of these appointees are subject to Senate confirmation. (b) Three members appointed by the Governor who have a demonstrated interest and appreciation for the natural beauty and economic productivity of the Lake Tahoe region who shall represent the public at large and the geographic diversity of California. All of these appointees are subject to Senate confirmation. (c) Two members appointed by the Senate Committee on Rules. (d) Two members appointed by the Speaker of the California Assembly.  SEC. 5.   SEC. 9.  Section 67049 of the Government Code is amended to read: 67049. A technical advisory committee shall be appointed by the agency. The committee shall include, but shall not be limited to, the following: the executive officer of the Tahoe Conservancy, the executive officer of the State Lands Commission, the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe, the executive officer of the Lahontan Regional Water Quality Control Board or his designee, and the executive officer of the California Tahoe Regional Planning Agency who shall act as chairman. The agency shall request the participation of a representative of the governing board of the Nevada Tahoe Regional Planning Agency who is chosen by that body.  SEC. 6.  SEC. 10.  Section 67061 of the Government Code is repealed.  SEC. 7.   SEC. 11.  Section 67070 of the Government Code is amended to read: 67070. (a) The regional plan adopted by the  agency   Tahoe Regional Planning Agency  on December 12, 2012, shall be considered the interim regional plan of the agency, except as provided in  paragraph   paragraphs  (1)  to (6), inclusive  . Amendments to the interim plan or the adoption of a comprehensive long-term general plan and amendment to that plan shall comply with the rules and regulations prescribed in Section 67101. The agency shall implement the interim regional plan as follows: (1) No project may be developed in the region without obtaining the review and approval of the agency.  For purposes of this article, "project" is defined as any activity that may substantially affect the land, water, air, space, or other natural resource of the region.  Any delegated authority for the issuance of permits under areas plans is terminated as of January 1, 2014. (2) On or before October 1, 2015, the agency shall determine whether the boundaries of town center districts and regional center districts are empirically shown to create a less auto-dependent development pattern, and, if not, the agency shall adjust the boundaries so that they promote that pattern. (3) Resort recreational districts shall be eliminated. (4) Provisions in the interim regional plan that allow up to 70 percent land coverage shall be reduced to allow up to 50 percent land coverage. (5) Provisions in the interim regional plan that allow for the calculation of land coverage on an areawide basis shall be eliminated, and coverage shall be calculated on a per parcel basis. (6) Certification of compliance with all best management practices shall be a condition  of   for  the sale of commercial property parcels.  (b) The regional plan shall include the following correlated elements:   (1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to, an indication or allocation of maximum population densities.   (2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to, freeways, parkways, highways, transportation facilities, transit routes, waterways, navigation and aviation aids and facilities, and appurtenant terminals and facilities for the movement of people and goods within the region.   (3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.   (4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas and other recreational facilities.   (5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.   (b) The Tahoe Regional Planning Agency environmental threshold carrying capacities for the region in effect on December 12, 2012, shall be the agency's environmental threshold carrying capacities unless and until the agency modifies those capacities.   (c) Within one year after the effective date of the agency's interim regional plan, the agency shall review the interim regional plan and either adopt it as the agency's regional plan or, if necessary, alter it to ensure that, at a minimum, the plan and all its elements, as implemented through agency ordinances, rules, and regulations, achieves and maintains the environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for implementation of the plan, prescribed by ordinance. The governing body shall continuously review and maintain the regional plan. The regional plan shall consist of one or more diagrams, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region, and a statement of the policies, standards, and elements of the regional plan. The regional plan shall be a single, enforceable plan, which shall include all of the following elements:   (1) A land use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space, and other natural resources within the region, including, but not limited to, an indication or allocation of maximum population densities and permitted uses.   (2) (A) A transportation plan for the integrated development of a regional system of transportation, including, but not limited to, parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. Transportation planning shall include both of the following goals:   (i) The reduction of dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region.   (ii) The reduction, to the extent possible, of feasible air pollution that is caused by motor vehicles.   (B) If increases in capacity are required, the agency shall give preference to providing that capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph. Until such time that the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the regional transportation plan adopted by the Tahoe Regional Planning Agency on December 12, 2012, shall be considered the interim transportation plan of the agency, to the extent that it is consistent with this section.   (3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the Tahoe Basin, including, but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, and recreational and historical facilities.   (4) A recreational plan for the development, utilization, and management of the recreational resources of the region, including, but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, and areas for skiing and other recreational facilities.   (5) A public services and facilities plan for the general location, scale, and provision of public services and facilities, which, by nature of their function, size, extent, and other characteristics are necessary or appropriate for inclusion in the regional plan.  (d) The regional plan shall provide for the attainment and maintenance of federal, state, or local air and water quality standards, whichever are most restrictive, in the respective areas of the region to which those standards apply. However, the agency may adopt air or water quality standards or control measures that are more restrictive than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that those additional standards or control measures are necessary to achieve the purposes of this title. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.   SEC. 12.   Section 67072 of the   Government Code   is amended to read:  67072. All provisions of the  Tahoe  regional  general  plan shall be enforced by the agency and by the counties and cities in the region.  SEC. 13.   Section 67072.1 is added to the   Government Code   , to read:   67072.1. (a) (1) Commencing January 1, 2014, a project shall not be developed in the region without obtaining the review and approval of the agency, and a project shall not be approved unless it is found by the agency to comply with the regional plan and with the ordinances, rules, and regulations enacted to effectuate that plan. (2) The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (b). Those findings shall be based on substantial evidence in the record. (3) The agency's regulations shall permit the agency to approve a project in the region only after making written findings, on the basis of substantial evidence in the record, that the project is consistent with the regional plan then in effect, and consistent with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance, and enhancement of environmental quality in the region. (b) The agency's regulations shall prescribe specific written findings that the agency is required to make prior to approving any project in the region. These findings shall relate to environmental protection and shall ensure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded. (c) If the agency is required to review or approve any project, public or private pursuant to this title or any ordinance, rule, regulation, or policy adopted pursuant to this title, it shall take final action by vote, whether to approve, to require modification, or to reject the project, within 180 days after the application for the project is accepted as complete by the agency in compliance with the agency' s rules and regulations governing the delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not occur within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. (d) If the Tahoe Regional Planning Agency has issued a permit or otherwise approved a project before the date on which the State of Nevada withdraws from the Tahoe Regional Planning Compact, both of the following shall apply: (1) The permit or approval shall remain valid after that date. (2) The California Tahoe Regional Planning Agency shall assume the responsibility of enforcing the conditions, if any, of the approval or permit. (e) If an application was pending before the Tahoe Regional Planning Agency on the date on which the State of Nevada withdraws from the Tahoe Regional Planning Compact, the agency shall process the application based upon its regional plan and implementing ordinances.   SEC. 14.   Section 67073 of the  Government Code   is repealed.   67073. Within 90 days after the formation of the agency and after at least one public hearing, the governing body shall review the testimony and recommendations presented at such hearing and shall adopt a regional interim plan.   SEC. 15.   Section 67074 of the   Government Code   is repealed.   67074. The interim plan shall consist of statements of development policies, criteria and standards for planning and development, of plans or portions of plans, and projects and planning decisions, which the agency finds it necessary to adopt and administer on an interim basis in accordance with the substantive powers granted to it in this agreement.   SEC. 16.   Section 67075 of the   Government Code   is amended to read:  67075. The agency shall maintain the data, maps  ,  and other information developed in the course of formulating and administering the regional plan  and interim plan  , in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.  SEC. 17.   Section 67100 of the   Government Code   is repealed.   67100. The agency shall adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional and interim plans. The regulations shall contain general, regional standards including but not limited to the following: subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers; harbors, breakwaters; or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobilehome parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection.   SEC. 18.   Section 67100 is added to the   Government Code   , to read:   67100. (a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this title, every ordinance, rule, or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or more stringent requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards, including, but not limited to, the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; landfills, excavations, cuts and grading; piers, harbors, breakwaters, or channels, and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobilehome parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection. (b) The agency shall prescribe by ordinance those activities that it has determined will not have substantial effect on land, water, air, space, or any other natural resources in the region and therefore will be exempt from its review and approval.   SEC. 8.   Section 67101 of the Government Code is amended to read: 67101. (a) Interim regulations shall be adopted within 90 days from the formation of the agency and final regulations within 18 months after the formation of the agency, except as provided in subdivision (b). (b) The Tahoe Regional Planning Agency Code of Ordinances and the Rules of Procedure, which was adopted by the Tahoe Regional Planning Association Governing Board, on December 12, 2012, shall be considered the interim agency ordinances and rules, with the exception of any requirements for the interim regional plan set forth in subdivision (a) of Section 67070.   SEC. 19.   Section 67101 of the   Government Code   is repealed.   67101. Interim regulations shall be adopted within 90 days from the formation of the agency and final regulations within 18 months after the formation of the agency.   SEC. 20.   Section 67101 is added to the   Government Code   , to read:   67101. (a) The Tahoe Regional Planning Agency Code of Ordinances, which was adopted by the Tahoe Regional Planning Association Governing Board on December 12, 2012, and its Rules of Procedure, which were in effect on that date, shall be considered the interim agency ordinances and rules, with the exception of any requirements for the interim regional plan set forth in subdivision (a) of Section 67070. Unless the context otherwise requires, the requirements of this title concerning agency ordinances, rules, and regulations shall also apply to its interim ordinances, rules, and regulations. (b) Within 90 days of the effective date of the interim regional plan, the agency shall amend its interim agency ordinances and rules so that they conform to the requirements of subdivision (a) of Section 67070. Any amendments to the interim agency ordinances and rules shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.   SEC. 21.   Section 67102 of the   Government Code   is amended to read:  67102. All ordinances, rules, regulations and policies  required by this title, or adopted by the agency shall be enforced by the agency, and by the counties and cities.  SEC. 22.   Section 67103 of the   Government Code   is amended to read:  67103. All public works projects shall be reviewed prior to construction and approved by the agency as to the project's compliance with the  adopted  regional  general  plan.  SEC. 9.   SEC. 23.  Section 67103.1 of the Government Code is repealed.  SEC. 24.   Section 67105 of the  Government Code   is amended to read:  67105. The agency shall police the region to ensure compliance with the  general   regional  plan and adopted ordinances, rules, regulations and policies. If it is found that the  general  regional  plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.  SEC. 25.   Section 67106.2 is added to the   Government Code   , to read:   67106.2. (a) A legal action arising out of or alleging a violation of this title, the regional plan, or an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency shall be governed by this section if it involves any of the following: (1) An action arising out of activities directly undertaken by the agency. (2) An action arising out of the issuance to a person of a lease, permit, license, or other entitlement for use by the agency. (3) An action arising out of any other act or failure to act by any person or public agency. (b) With regard to the venue for actions subject to this section, the following shall apply: (1) If a civil or criminal action challenges an activity by the agency or any person that is undertaken or to be undertaken upon a parcel of real property, it shall be filed in the county where the real property is situated or the County of Sacramento. (2) If an action challenges an activity that does not involve a specific parcel of land, including an action challenging an ordinance of the agency, it shall be filed in the County of El Dorado, Placer, or Sacramento. (c) Any aggrieved person may file an action in an appropriate court of the State of California alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, "aggrieved person" means the agency or any other state, federal, or local agency. In the case of any person other than a governmental agency who challenges an action of the agency, "aggrieved person" means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making an appearance. (d) Any aggrieved person shall have a right to judicial review of any administrative decision of the agency by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure, within 60 days after the decision has become final. All other legal actions shall be commenced within one year after discovery of the cause of action. (e) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations, and policies. If it is found that the regional plan, or ordinances, rules, regulations, and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance. (f) Any person who violates this title or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency shall be subject to a civil penalty not to exceed five thousand dollars ($5,000). A person is subject to an additional civil penalty, not to exceed five thousand dollars ($5,000) per day, for each day on which a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence. (g) Approval by the agency of any project shall expire 3 years after the date of final action by either the agency or the Tahoe Regional Planning Agency, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period, any period of time during which the project is the subject of a legal action that delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit, or certificate issued by the agency that has an expiration date shall be extended by that period of time during which the project is the subject of the legal action as provided in this subdivision.   SEC. 26.   Section 67107.1 is added to the   Government Code   , to read:   67107.1. (a) The Legislature hereby finds and declares that aquatic invasive species pose a serious threat to the waters and other natural resources of the Lake Tahoe region, and an equally serious threat to the region's economy. (b) The agency shall work with appropriate federal, state, and local entities, as well as appropriate State of Nevada entities, to ensure lake wide aquatic species protection and control.   SEC. 10.   SEC. 27.  Section 67109 of the Government Code is repealed.  SEC. 11.   SEC. 28.  Section 67120 of the Government Code is amended to read: 67120. On or before December 30 of each calendar year, the agency shall establish, consistent with the usual practices of the Department of Finance with regard to funding requests to be included in the annual budget process, the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year and transmit a request for that amount to the Legislature. SEC. 12.   SEC. 29.  Section 67125 of the Government Code is repealed.  SEC. 30.   Sections 11 and 13 of this act shall not become operative if Nevada Senate Bill 271 of the 2011 Regular Session (Chapter 530 of the Statutes of 2011) is repealed on or before January 1, 2014.