AB 746, as amended, Ting. San Francisco Bay Restoration Authority.
Existing law establishes the San Francisco Bay Restoration Authority as a regional entity with jurisdiction extending throughout the San Francisco Bay Area, and specifies that the authority is responsible for raising and allocating resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitats in the San Francisco Bay and along its shoreline. Existing law further prescribes the membership and functions and duties of the authority.end delete
This bill would make a nonsubstantive change in those provisions establishing the authority.end delete
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State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
(a) The authority shall be governed by a board
4composed of seven voting members, as follows:
P3 1(1) One member shall be
begin delete a resident of the San Francisco Bay with expertise
3in the implementation of Chapter 4.5 (commencing with Section
431160) of Division 21 of the Public Resources Code and shall
5serve as the chair.
6(2) One member shall be an elected official of a bayside city or
7county in the North Bay. For purposes of this subdivision, the
8North Bay consists of the Counties of Marin, Napa, Solano, and
10(3) One member shall be an elected official of a bayside city or
11county in the East Bay. For purposes of this subdivision, the East
12Bay consists of Contra Costa County and the portion of Alameda
13County that is north of the southern boundary of the City of
14Hayward, excluding the Delta primary zone.
15(4) One member shall be an elected official of a bayside city or
16county in the South Bay. For purposes of this subdivision, the
17South Bay consists of Santa Clara County, the portion of Alameda
18County that is south of the southern boundary of the City of
19Hayward, and the portion of San Mateo County that is south of
20the northern boundary of Redwood City.
21(5) One member shall be an elected official of a bayside city or
22county in the West Bay. For purposes of this subdivision, the West
23Bay consists of the City and County of San Francisco and the
24portion of San Mateo County that is north of the northern boundary
25of Redwood City.
26(6) Two members shall be elected officials of one or more of
28(A) A bayside city or county.
29(B) A regional park district, regional open-space district, or
30regional park and open-space district formed pursuant to Article
313 (commencing with Section 5500) of Chapter 3 of Division 5 of
32the Public Resources Code that owns or operates one or more San
33Francisco Bay shoreline parcels.
34(b) The Association of Bay Area Governments shall appoint
36(c) Each member shall serve at the pleasure of his or her
38(d) A vacancy shall be filled by the Association of Bay Area
39Governments within 90 days from the date on which the vacancy
The authority has, and may exercise, all powers,
4expressed or implied, that are necessary to carry out the intent and
5purposes of this title, including, but not limited to, the power to
6do all of the following:
7(a) (1) Levy a benefit assessment, special tax levied pursuant
8to Article 3.5 (commencing with Section 50075) of Chapter 1 of
9Part 1 of Division 1 of Title 5, or property-related fee consistent
10with the requirements of Articles XIII C and XIII D of the
11California Constitution, including, but not limited to, a benefit
12assessment levied pursuant to paragraph (2), except that a benefit
13assessment, special tax, or property-related fee shall not be levied
14pursuant to this subdivision after December 31,
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15(2) The authority may levy a benefit assessment pursuant to any
16of the following:
17(A) The Improvement Act of 1911 (Division 7 (commencing
18with Section 5000) of the Streets and Highways Code).
19(B) The Improvement Bond Act of 1915 (Division 10
20(commencing with Section 8500) of the Streets and Highways
22(C) The Municipal Improvement Act of 1913 (Division 12
23(commencing with Section 10000) of the Streets and Highways
25(D) The Landscaping and Lighting
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26(Part 2 (commencing with Section 22500) of Division 15 of the
27Streets and Highways Code), notwithstanding Section 22501 of
28the Streets and Highways Code.
29(E) Any other statutory authorization.
30(b) Apply for and receive grants from federal and state agencies.
31(c) Solicit and accept gifts, fees, grants, and allocations from
32public and private entities.
33(d) Issue revenue bonds for any of the purposes authorized by
34this title pursuant to the Revenue Bond Law of 1941 (Chapter 6
35(commencing with Section 54300) of Part 1 of Division 2 of Title
37(e) Incur bond indebtedness, subject to the following
P5 1(1) The principal and interest of any bond indebtedness incurred
2pursuant to this subdivision shall be paid and discharged prior to
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4(2) For purposes of incurring bond indebtedness pursuant to
5this subdivision, the authority shall comply with the requirements
6of Article 11 (commencing with Section 5790) of Chapter 4 of
7Division 5 of the Public Resources Code except where those
8requirements are in conflict with this provision. For purposes of
9this subdivision, all references in Article 11 (commencing with
10Section 5790) of Chapter 4 of Division 5 of the Public Resources
11Code to a board of directors shall mean the board and all references
12to a district shall mean the authority.
13(3) The total amount of indebtedness incurred pursuant to this
14subdivision outstanding at any one time shall not exceed 10 percent
15of the authority’s total revenues in the preceding fiscal year.
16(f) Receive and manage a dedicated revenue source.
17(g) Deposit or invest moneys of the authority in banks or
18financial institutions in the state in accordance with state law.
19(h) Sue and be sued, except as otherwise provided by law, in
20all actions and proceedings, in all courts and tribunals of competent
22(i) Engage counsel and other professional services.
23(j) Enter into and perform all necessary contracts.
24(k) Enter into joint powers agreements pursuant to the Joint
25Exercise of Powers Act (Chapter 5 (commencing with Section
266500) of Division 7 of Title 1).
27(l) Hire staff, define their qualifications and duties, and provide
28a schedule of compensation for the performance of their duties.
29(m) Use interim or temporary staff provided by appropriate state
30agencies or the Association of Bay Area Governments. A person
31who performs duties as interim or temporary staff shall not be
32considered an employee of the authority.
(a) If the authority proposes
begin delete to levy a special taxend delete pursuant to subdivision (a) of Section 66704, the board of supervisors of the county or
38counties in which the
begin delete special taxend delete is proposed begin delete to be leviedend delete
39 shall call a special election on the measure. The special election
40shall be consolidated with the next regularly scheduled statewide
P6 1election and the measure shall be submitted to the voters in the
2appropriate counties, consistent with the requirements of Article
3XIII C or XIII D of the California Constitution, as applicable.
4(b) The authority is a district, as defined in Section 317 of
5the Elections Code. Except as otherwise provided in this section,
6a measure proposed by the authority that requires voter approval
7shall be submitted to the voters of the authority in accordance with
8the provisions of the Elections Code applicable to districts,
9including the provisions of Chapter 4 (commencing with Section
109300) of Division 9 of the Elections Code.
19(c) The authority shall file with the board of supervisors of each
20county in which the measure shall appear on the ballot a resolution
21of the authority requesting consolidation, and setting forth the
22exact form of the ballot question, in accordance with Section 10403
23of the Elections Code.
24(d) The legal counsel for the authority shall prepare an impartial
25analysis of the measure. The impartial analysis prepared by the
26legal counsel for the authority shall be subject to review and
27revision by the county counsel of the county that contains the
28largest population, as determined by the most recent federal
29decennial census, among those counties in which the measure will
30be submitted to the voters.
31(e) Each county included in the measure shall use the exact
32ballot question, impartial analysis, and ballot language provided
33by the authority. If two or more counties included in the measure
34are required to prepare a translation of ballot materials into the
35same language other than English, the county that contains the
36largest population, as determined by the most recent federal
37decennial census, among those counties that are required to prepare
38a translation of ballot materials into the same language other than
39English shall prepare the translation and that translation shall be
40used by the other county or counties, as applicable.
P7 1(f) Notwithstanding Section 13116 of the Elections Code, if a
2measure proposed by the authority pursuant to this article is
3submitted to the voters of the authority in two or more counties,
4the elections officials of those counties shall mutually agree to use
5the same letter designation for the measure.
6(g) The county clerk of each county shall report the results of
7the special election to the authority.
8(h) (1) Notwithstanding Section 10520 of the Elections Code,
9for the first election at which the authority proposes a
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10 pursuant to subdivision (a) of Section 66704, the authority shall reimburse each county
begin delete the special taxend delete
measure appears on the ballot only
13for the incremental costs incurred by the county elections official
14related to submitting the measure to the voters.
15(2) For purposes of this subdivision, “incremental costs” include
16all of the following:
17(A) The cost to prepare, review, and revise the impartial analysis
18of the measure that is required by subdivision (d).
19(B) The cost to prepare a translation of ballot materials into a
20language other than English by any county, as described in
22(C) The additional costs that exceed the costs incurred for other
23election races or ballot measures, if any, appearing on the same
24ballot in each county in which the
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measure appears on
25the ballot, including both of the following:
26(i) The printing and mailing of ballot materials.
27(ii) The canvass of the vote regarding the
begin delete special taxend delete measure
28pursuant to Division 15 of the Elections Code.
29(3) This subdivision is repealed on January 1,
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This title shall remain in effect only until January 1,
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34statute, that is enacted before January 1,
begin delete 2029,end delete deletes or
35extends that date.
Section 66702 of the Government Code is
10amended to read:
(a) The San Francisco Bay Restoration Authority is
12hereby established as a regional entity with jurisdiction that extends
13throughout the San Francisco Bay Area.
14(b) The jurisdiction of the authority is not subject to the
15Cortese-Knox-Hertzberg Local Government Reorganization Act
16of 2000 (Division 3 (commencing with Section 56000) of Title 5).
17(c) The authority’s purpose is to raise and allocate resources for
18the restoration, enhancement, protection, and enjoyment of
19wetlands and wildlife habitats in the San Francisco Bay and along