SECTIONS 67130-67132 - California Statutes

GOVERNMENT CODE

SECTION 67130-67132

67130. The state may dissolve the California Tahoe Regional
Planning Agency by enacting a statute repealing this title.

67131. On the effective date of the ordinances, rules and
regulations adopted pursuant to Section (a) of Article V, of the
Tahoe Regional Planning Compact (as set forth in Title 7.4
(commencing with Section 66801)) in order to implement the revisions
in such compact, including the revisions in the Lake Tahoe Regional
Plan, adopted at the 1979-1980 Regular Session of the Legislature, no
further state funds shall be expended for the support of the
California Tahoe Regional Planning Agency and the provisions of this
title shall no longer be enforced. At any time thereafter, the
provisions of this title may be reactivated if state funds are
specifically appropriated for such purposes, at which time the
provisions of this title shall have full force and effect.

67132. (a) The Legislature finds that on the date on which the
agency is deactivated, as provided in Section 67131, various matters
involving the agency, such as litigation, and arrangements for
disposition of agency assets, will be pending and unresolved. In
order to provide for bringing such matters to an orderly, timely, and
equitable conclusion, the Legislature hereby declares that it is
necessary to designate a successor to the agency for the sole and
exclusive purpose of winding up these matters.
(b) For the sole and exclusive purpose of winding up such matters
as may be pending and unresolved when the agency is deactivated as
provided in Section 67131, the Secretary of the Resources Agency is
hereby designated as the legal successor to the agency. For this sole
purpose, the Secretary of the Resources Agency shall have the same
powers and duties as the agency and the members of the governing body
thereof, and all the following additional powers and duties:
(1) To exchange, sell, or otherwise dispose of all property, of
the deactivated agency.
(2) To compromise and settle claims of every nature.
(3) To sue and be sued in the same manner and to the same extent
as the deactivated agency and the members of the governing body
thereof.
(4) To have custody of and responsibility for, the disposition of
the records of the agency. In this connection the Secretary of the
Resources Agency may at his or her discretion, transfer to the Tahoe
Regional Planning Agency any agency records which are not needed for
purposes of winding up agency matters which may be pending and
unresolved.
The powers and duties specified in this subdivision shall commence
on the date on which the agency is deactivated, as provided in
Section 67131, and shall continue thereafter until such time as the
affairs of the agency have been completely wound up.
(c) The Secretary of the Resources Agency shall designate an agent
to serve as his or her administrative representative within the
region for the convenience of persons having a need to contact the
secretary with respect to matters which may be pending and unresolved
when the agency is deactivated. The agency shall be either the Tahoe
Regional Planning Agency or one or more of the cities or counties
within the region, provided that the Tahoe Regional Planning Agency
or the respective cities and counties agree and consent thereto. The
agency shall not exercise independent discretion with respect to
matters associated with winding up pending and unresolved matters,
but shall perform only those functions specifically authorized by the
Secretary of the Resources Agency.
(d) In all legal matters and litigation arising from the
delegation of powers and duties to the Secretary of the Resources
Agency pursuant to subdivision (b), the secretary shall be
represented by the Attorney General. In addition, after deactivation
of the agency has occurred, the Attorney General shall also represent
any former member of the governing body of the agency or former
agency employee for purposes of Sections 825 and 995. The cost of the
representation required by this subdivision shall be a charge
against the budget of the Secretary of the Resources Agency and funds
therefor shall be included in the secretary's budget.
(e) All assets of the agency shall be held by the Secretary of the
Resources Agency to satisfy claims against the agency or against
former board members or employees thereof as provided in Sections 825
and 995. When all such claims have been satisfied, any remaining
assets shall be transferred to the General Fund.
(f) Nothing in this section shall be construed as creating any
liability on behalf of the State of California for any act or
omission of the agency.