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 property-related fees, and to issue revenue bonds. However,
the act limits the total amount of indebtedness incurred pursuant to those provisions authorizing the issuance of
begin delete revenueend delete bonds begin delete from exceedingend delete 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.
begin delete requiresend delete that the special taxes be levied, and submitted to the voters, consistent with specified provisions of the California begin delete Constitution.end delete
This bill would
begin delete additionally require the special taxes to be levied, andend delete submitted to the voters, consistent with the requirements of begin delete Article XIII A ofend delete the California Constitution.
(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:
It is the intent of the Legislature that the authority
4should complement existing efforts by cities, counties, districts,
5the San Francisco Bay Conservation and Development
6Commission, the State Coastal Conservancy, and other local,
7regional, and state entities, related to addressing the goals described
8in this title.
Section 66703 of the Government Code is amended
(a) The authority shall be governed by a board
19composed of seven voting members, as follows:
20(1) One member shall be an elected official of a bayside city or
21county with expertise in the implementation of Chapter 4.5
22(commencing with Section 31160) of Division 21 of the Public
23Resources Code and shall serve as the chair.
24(2) One member shall be an elected official of a bayside city or
25county in the North Bay. For purposes of this subdivision, the
26North Bay consists of the Counties of Marin, Napa, Solano, and
28(3) One member shall be an elected official of a
bayside city or
29county in the East Bay. For purposes of this subdivision, the East
30Bay consists of Contra Costa County and the portion of Alameda
31County that is north of the southern boundary of the City of
32Hayward, excluding the Delta primary zone.
33(4) One member shall be an elected official of a bayside city or
34county in the South Bay. For purposes of this subdivision, the
35South Bay consists of Santa Clara County, the portion of Alameda
36County that is south of the southern boundary of the City of
37Hayward, and the portion of San Mateo County that is south of
38the northern boundary of Redwood City.
P4 1(5) One member shall be an elected official of a bayside city or
2county in the West Bay. For purposes of this subdivision, the West
3Bay consists of the City and County of San Francisco and the
4portion of San Mateo County that is north of the northern boundary
5of Redwood City.
6(6) Two members shall be elected officials of one or more of
8(A) A bayside city or county.
9(B) A regional park district, regional open-space district, or
10regional park and open-space district formed pursuant to Article
113 (commencing with Section 5500) of Chapter 3 of Division 5 of
12the Public Resources Code that owns or operates one or more San
13Francisco Bay shoreline parcels.
14(b) The Association of Bay Area Governments shall appoint
16(c) Each member shall serve at the
pleasure of his or her
18(d) A vacancy shall be filled by the Association of Bay Area
19Governments 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,
25expressed or implied, that are necessary to carry out the intent and
26purposes of this title, including, but not limited to, the power to
27do all of the following:
28(a) (1) Levy a benefit assessment, special tax levied pursuant
29to Article 3.5 (commencing with Section 50075) of Chapter 1 of
30Part 1 of Division 1 of Title 5, or property-related fee consistent
31with the requirements of Articles XIII A, XIII C, and XIII D of the
32California Constitution, including, but not limited to, a benefit
33assessment levied pursuant to paragraph (2), except that a benefit
34assessment, special tax, or property-related fee shall not be levied
35pursuant to this subdivision after December 31, 2048.
36(2) The authority may levy a benefit assessment pursuant to any
37of the following:
38(A) The Improvement Act of 1911 (Division 7 (commencing
39with Section 5000) of the Streets and Highways Code).
P5 1(B) The Improvement Bond Act of 1915 (Division 10
2(commencing with Section 8500) of the Streets and Highways
4(C) The Municipal Improvement Act of 1913 (Division 12
5(commencing with Section 10000) of the Streets and Highways
7(D) The Landscaping and Lighting Act of 1972 (Part 2
8(commencing with Section 22500) of Division 15 of the Streets
9and Highways Code), notwithstanding Section 22501 of the Streets
10and Highways Code.
11(E) Any other statutory authorization.
12(b) Apply for and receive grants from federal and state agencies.
13(c) Solicit and accept gifts, fees, grants, and allocations from
14public and private entities.
15(d) Issue revenue bonds for any of the purposes authorized by
16this title pursuant to the Revenue Bond Law of 1941 (Chapter 6
17(commencing with Section 54300) of Part 1 of Division 2 of Title
19(e) Incur bond indebtedness, subject to the following requirements:
22(1) The principal and interest of any bond indebtedness incurred
23pursuant to this subdivision shall be paid and discharged prior to
24January 1, 2049.
25(2) For purposes of incurring bond indebtedness pursuant to
26this subdivision, the authority shall comply with the requirements
27of Article 11 (commencing with Section 5790) of Chapter 4 of
28Division 5 of the Public Resources
begin delete Code except where those
29requirements are in conflict with this provision.end delete
30of this subdivision, all references in Article 11 (commencing with
31Section 5790) of Chapter 4 of Division 5 of the Public Resources
32Code to a board of directors shall mean the board and all references
33to a district shall mean the authority.
34(f) Receive and manage a dedicated revenue source.
35(g) Deposit or invest moneys of the authority in banks or
36financial institutions in the state in accordance with state law.
37(h) Sue and be sued, except as otherwise provided by law, in
38all actions and proceedings, in all courts and tribunals of competent
40(i) Engage counsel and other professional services.
P6 1(j) Enter into and perform all necessary contracts.
2(k) Enter into joint powers agreements pursuant to the Joint
3Exercise of Powers Act (Chapter 5 (commencing with Section
46500) of Division 7 of Title 1).
5(l) Hire staff, define their qualifications and duties, and provide
6a schedule of compensation for the performance of their duties.
7(m) Use interim or temporary staff provided by appropriate state
8agencies or the Association of Bay Area Governments. A person
9who performs duties as interim or temporary staff shall not be
10considered an employee of the authority.
Section 66704.05 of the Government Code is amended
(a) If the authority proposes a measure pursuant to
15subdivision (a) or (e) of Section 66704 that will generate revenues,
16the board of supervisors of the county or counties in which the
17measure is proposed shall call a special election on the measure.
18The special election shall be consolidated with the next regularly
19scheduled statewide election and the measure shall be submitted
20to the voters in the appropriate counties, consistent with the
21requirements of Articles XIII A, XIII C, and XIII D of the California
22Constitution, as applicable.
23(b) (1) The authority is a district, as defined in Section
24the Elections Code. Except as otherwise provided in this section,
25a measure proposed by the authority that requires voter approval
26shall be submitted to the voters of the authority in accordance with
27the provisions of the Elections Code applicable to districts,
28including the provisions of Chapter 4 (commencing with Section
299300) of Division 9 of the Elections Code.
30(2) Because the authority has no state revenues as of the
31effective date of this paragraph, the appropriations limit for the
32authority shall be originally established based on receipts from the
33initial measure that would generate revenues for the authority
34pursuant to subdivision (a), and that establishment of an
35appropriations limit shall not be deemed a change in an
36appropriations limit for purposes of Section 4 of Article XIII B of
37the California Constitution.
38(c) The authority shall file with the board of supervisors of each
39county in which the measure shall appear on the ballot a resolution
40of the authority requesting consolidation, and setting forth the
P7 1exact form of the ballot question, in accordance with Section 10403
2of the Elections Code.
3(d) The legal counsel for the authority shall prepare an impartial
4analysis of the measure. The impartial analysis prepared by the
5legal counsel for the authority shall be subject to review and
6revision by the county counsel of the county that contains the
7largest population, as determined by the most recent federal
8decennial census, among those counties in which the measure will
9be submitted to the voters.
county included in the measure shall use the exact
11ballot question, impartial analysis, and ballot language provided
12by the authority. If two or more counties included in the measure
13are required to prepare a translation of ballot materials into the
14same language other than English, the county that contains the
15largest population, as determined by the most recent federal
16decennial census, among those counties that are required to prepare
17a translation of ballot materials into the same language other than
18English shall prepare the translation and that translation shall be
19used by the other county or counties, as applicable.
20(f) Notwithstanding Section 13116 of the Elections Code, if a
21measure proposed by the authority pursuant to this article is
22submitted to the voters of the authority in two or more counties,
23the elections officials of those counties shall mutually agree to use
24the same letter designation for the measure.
25(g) The county clerk of each county shall report the results of
26the special election to the authority.
27(h) (1) Notwithstanding Section 10520 of the Elections Code,
28for the first election at which the authority proposes a measure
29pursuant to subdivision (a) or (e) of Section 66704 that would
30generate revenues, the authority shall reimburse each county in
31which that measure appears on the ballot only for the incremental
32costs incurred by the county elections official related to submitting
33the measure to the voters.
34(2) For purposes of this subdivision, “incremental costs” include
35all of the following:
36(A) The cost to prepare, review, and revise the impartial analysis
37of the measure that is required by subdivision (d).
38(B) The cost to prepare a translation of ballot materials into a
39language other than English by any county, as described in
P8 1(C) The additional costs that exceed the costs incurred for other
2election races or ballot measures, if any, appearing on the same
3ballot in each county in which the measure appears on the ballot,
4including both of the following:
5(i) The printing and mailing of ballot materials.
6(ii) The canvass of the vote regarding the measure pursuant to
7Division 15 of the Elections Code.
8(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,
132049, and as of that date is repealed, unless a later enacted statute,
14that is enacted before January 1, 2049, deletes or extends that date.
The Legislature finds and declares that the San
17Francisco Bay Restoration Authority has not assumed any existing
18duties from another local or state government entity and has
19received no state or local government revenues not counted toward
20another entity’s appropriations limit. Therefore, the authority has
21no associated appropriations limit pursuant to Article XIII B of the
22California Constitution as of the date of enactment of this bill.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26a local agency or school district has the authority to levy service
27charges, fees, or assessments sufficient to pay for the program or
28level of service mandated by this act, within the meaning of Section
2917556 of the Government Code.