AB 746, as amended, Ting. San Francisco Bay Restoration Authority.
(1) Existing law, the San Francisco Bay Restoration Authority Act, until January 1, 2029, establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitat in the San Francisco Bay and along its shoreline. The act establishes a governing board of the authority composed of specified members, including a member who is a resident of the San Francisco Bay area who serves as the chair. The act grants to the board all powers that are necessary to carry out the act, including, among other things, the power to levy specified benefit assessments, special taxes, and fees, and to issue revenue bonds. However, the act limits the total amount of indebtedness incurred pursuant to those provisions authorizing the issuance of revenue bonds from exceeding 10% of the authority’s total revenues in the preceding fiscal year. Existing law generally requires a district to reimburse the county elections official for the actual costs incurred in conducting an election for the district. However, the act authorizes, until January 1, 2017, the authority to reimburse only the incremental costs, as defined, that are incurred by the county elections official related to submitting a special tax measure to the voters.
This bill would delete the requirement that one member of the board, who serves as the chair, be a resident of the San Francisco Bay area and would instead require that member to be an elected official of a bayside city or county. The bill would also delete the limit on the authority’s total amount of bonded indebtedness based on prior fiscal year revenues. The bill would extend to January 1, 2019, the operation of the provision authorizing the authority to reimburse county elections officials for only the incremental costs of submitting a special tax measure to the voters, expanded to apply to other specified measures that would generate revenues for the authority. The bill would postpone to January 1, 2049, the repeal date for the act, and would make related conforming changes. By imposing additional duties on local government officials with regard to implementation of the act, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 66703 of the Government Code is
2amended to read:
(a) The authority shall be governed by a board
4composed of seven voting members, as follows:
P3 1(1) One member shall be an elected official of a bayside city or
2county with expertise in the implementation of Chapter 4.5
3(commencing with Section 31160) of Division 21 of the Public
4Resources Code and shall serve as the chair.
5(2) One member shall be an elected official of a bayside city or
6county in the North Bay. For purposes of this subdivision, the
7North Bay consists of the Counties of Marin, Napa, Solano, and
9(3) One member shall be an elected
official of a bayside city or
10county in the East Bay. For purposes of this subdivision, the East
11Bay consists of Contra Costa County and the portion of Alameda
12County that is north of the southern boundary of the City of
13Hayward, excluding the Delta primary zone.
14(4) One member shall be an elected official of a bayside city or
15county in the South Bay. For purposes of this subdivision, the
16South Bay consists of Santa Clara County, the portion of Alameda
17County that is south of the southern boundary of the City of
18Hayward, and the portion of San Mateo County that is south of
19the northern boundary of Redwood City.
20(5) One member shall be an elected official of a bayside city or
21county in the West Bay. For purposes of this subdivision, the West
22Bay consists of the City and County of San Francisco and the
23portion of San Mateo County that is north of the northern boundary
24of Redwood City.
25(6) Two members shall be elected officials of one or more of
27(A) A bayside city or county.
28(B) A regional park district, regional open-space district, or
29regional park and open-space district formed pursuant to Article
303 (commencing with Section 5500) of Chapter 3 of Division 5 of
31the Public Resources Code that owns or operates one or more San
32Francisco Bay shoreline parcels.
33(b) The Association of Bay Area Governments shall appoint
35(c) Each member shall
serve at the pleasure of his or her
37(d) A vacancy shall be filled by the Association of Bay Area
38Governments within 90 days from the date on which the vacancy
Section 66704 of the Government Code is amended
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, 2048.
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 Act of 1972 (Part 2
26(commencing with Section 22500) of Division 15 of the Streets
27and Highways Code), notwithstanding Section 22501 of the Streets
28and 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
3January 1, 2049.
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(f) Receive and manage a dedicated revenue source.
14(g) Deposit or invest moneys of the authority in banks or
15financial institutions in the state in accordance with state law.
16(h) Sue and be sued, except as otherwise provided by law, in
17all actions and proceedings, in all courts and tribunals of competent
19(i) Engage counsel and other professional services.
20(j) Enter into and perform all necessary contracts.
21(k) Enter into joint powers agreements pursuant to the
22Exercise of Powers Act (Chapter 5 (commencing with Section
236500) of Division 7 of Title 1).
24(l) Hire staff, define their qualifications and duties, and provide
25a schedule of compensation for the performance of their duties.
26(m) Use interim or temporary staff provided by appropriate state
27agencies or the Association of Bay Area Governments. A person
28who performs duties as interim or temporary staff shall not be
29considered an employee of the authority.
Section 66704.05 of the Government Code is amended
(a) If the authority proposes a measure pursuant to
33subdivision (a) or (e) of Section 66704 that will generate revenues,
34the board of supervisors of the county or counties in which the
35measure is proposed shall call a special election on the measure.
36The special election shall be consolidated with the next regularly
37scheduled statewide election and the measure shall be submitted
38to the voters in the appropriate counties, consistent with the
begin delete Article XIII C
40of the California Constitution, as applicable.
P6 1(b) (1) The authority is a district, as defined in Section 317 of
2the Elections Code. Except as otherwise provided in this section,
3a measure proposed by the authority that requires voter approval
4shall be submitted to the voters of the authority in accordance with
5the provisions of the Elections Code applicable to districts,
6including the provisions of Chapter 4 (commencing with Section
79300) of Division 9 of the Elections Code.
8(2) Because the authority has no state revenues as of the
9effective date of this paragraph, the appropriations limit for the
10authority shall be originally established based on receipts from the
11initial measure that would generate revenues for the authority
12pursuant to subdivision (a), and that establishment of an
13appropriations limit shall not be deemed a change in an
14appropriations limit for purposes of Section 4 of Article XIII B of
15the California Constitution.
16(c) The authority shall file with the board of supervisors of each
17county in which the measure shall appear on the ballot a resolution
18of the authority requesting consolidation, and setting forth the
19exact form of the ballot question, in accordance with Section 10403
20of the Elections Code.
21(d) The legal counsel for the authority shall prepare an impartial
22analysis of the measure. The impartial analysis prepared by the
23legal counsel for the authority shall be subject to review and
24revision by the county counsel of the county that contains the
25largest population, as determined by the most recent federal
26decennial census, among those counties in which the measure will
27be submitted to the voters.
28(e) Each county included in the measure shall use the exact
29ballot question, impartial analysis, and ballot language provided
30by the authority. If two or more counties included in the measure
31are required to prepare a translation of ballot materials into the
32same language other than English, the county that contains the
33largest population, as determined by the most recent federal
34decennial census, among those counties that are required to prepare
35a translation of ballot materials into the same language other than
36English shall prepare the translation and that translation shall be
37used by the other county or counties, as applicable.
38(f) Notwithstanding Section 13116 of the Elections Code, if a
39measure proposed by the authority pursuant to this article is
40submitted to the voters of the authority in two or more counties,
P7 1the elections officials of those counties shall mutually agree to use
2the same letter designation for the measure.
3(g) The county clerk of each county shall report the results of
4the special election to the authority.
5(h) (1) Notwithstanding Section 10520 of the Elections Code,
6for the first election at which the authority proposes a measure
7pursuant to subdivision (a) or (e) of Section 66704 that would
8generate revenues, the authority shall reimburse each county in
9which that measure appears on the ballot only for the incremental
10costs incurred by the county elections official related to submitting
11the measure to the voters.
12(2) For purposes of this subdivision, “incremental costs” include
13all of the following:
14(A) The cost to prepare, review, and revise the impartial analysis
15of the measure that is required by subdivision (d).
16(B) The cost to prepare a translation of ballot materials into a
17language other than English by any county, as described in
19(C) The additional costs that exceed the costs incurred for other
20election races or ballot measures, if any, appearing on the same
21ballot in each county in which the measure appears on the ballot,
22including both of the following:
23(i) The printing and mailing of ballot materials.
24(ii) The canvass of the vote regarding the measure pursuant to
25Division 15 of the Elections Code.
26(3) This subdivision is repealed on January 1, 2019.
Section 66706 of the Government Code is amended
This title shall remain in effect only until January 1,
302049, and as of that date is repealed, unless a later enacted statute,
31that is enacted before January 1, 2049, deletes or extends that date.
The Legislature finds and declares that the San
33Francisco Bay Restoration Authority has not assumed any existing
34duties from another local or state government entity and has
35received no state or local government revenues not counted toward
36another entity’s appropriations limit. Therefore, the authority has
37no associated appropriations limit pursuant to Article XIII B of the
38California Constitution as of the date of enactment of this bill.
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P8 1a local agency or school district has the authority to levy service
2charges, fees, or assessments sufficient to pay for the program or
3level of service mandated by this act, within the meaning of Section
417556 of the Government Code.