ELR Citation: ELR 20429
No(s). Sac. 7896 (Cal. Aug 17, 1971)

Writ of mandate issued requiring defendants, two California counties, to pay to Tahoe Regional Planning Agency funds allocated by Agency, a regional instrument created by compact between California and Nevada and ratified by Congress entrusted with the duty of establishing a regional land use scheme for the ecologically endangered Lake Tahoe Basin. California constitutional provisions that prohibit usurpation of county and municipal local law making functions are not applicable here, where regional rather than local problems are involved. While state legislature may not delegate power to pass regulations and to enforce them with criminal sanctions, here only regulatory power was delegated since penalties were established by legislature itself. In giving Agency power to adopt regional as opposed to local zoning ordinances to sole regional problems, the compact does not result in a duplication of county or municipal authorities that can pass only local ordinances. The same regional nature of the program makes untenable defendants' argument that the assessment involved constitutes a state tax on county property for county purposes as forbidden by the California Constitution. Similar constitutional provision prohibiting establishment by state of commissions to oversee purely local matters also does not apply here. Equal protection clauses of federal and state constitutions do not forbid appointive as opposed to elective regional commissioner offices and since the positions are appointive, the one-man-vote rule need not apply. Finally, the duties of the Agency are reasonably defined, thus defeating defendants' argument that legislature unconstitutionally delegated its authority.

Counsel for Petitioners
Evelle Younger Attorney General
E. Clement Shute Deputy Attorney General
6000 State Building
San Francisco, CA 94102
(415) 557-1346

Counsel for Defendant
Noble Sprunger County Counsel of El Dorado County
2850 Cold Spring Road
Placerville, CA 95667
(916) 622-3676

WE CONCUR: Wright, C.J., McComb, J., Peters, J., Mosk, J., Schauer, J., and Devine, J.