Bill Text: CA AB746 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: San Francisco Bay Restoration Authority.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2015-09-01 - Chaptered by Secretary of State - Chapter 226, Statutes of 2015. [AB746 Detail]

Download: California-2015-AB746-Amended.html

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BILL NUMBER: AB 746	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 25, 2015

   An act to amend  Section 66702   Sections
66703, 66704, 66704.05, and 66706  of the Government Code,
relating to the San Francisco Bay Restoration Authority.


	LEGISLATIVE COUNSEL'S DIGEST


   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.  
   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.  
   This bill would make a nonsubstantive change in those provisions
establishing the authority. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 66703 of the  
Government Code   is amended to read: 
   66703.  (a) The authority shall be governed by a board composed of
seven voting members, as follows:
   (1) One member shall be  a resident of the San Francisco
Bay area   an elected official of a bayside city or
county  with expertise in the implementation of Chapter 4.5
(commencing with Section 31160) of Division 21 of the Public
Resources Code and shall serve as the chair.
   (2) One member shall be an elected official of a bayside city or
county in the North Bay. For purposes of this subdivision, the North
Bay consists of the Counties of Marin, Napa, Solano, and Sonoma.
   (3) One member shall be an elected official of a bayside city or
county in the East Bay. For purposes of this subdivision, the East
Bay consists of Contra Costa County and the portion of Alameda County
that is north of the southern boundary of the City of Hayward,
excluding the Delta primary zone.
   (4) One member shall be an elected official of a bayside city or
county in the South Bay. For purposes of this subdivision, the South
Bay consists of Santa Clara County, the portion of Alameda County
that is south of the southern boundary of the City of Hayward, and
the portion of San Mateo County that is south of the northern
boundary of Redwood City.
   (5) One member shall be an elected official of a bayside city or
county in the West Bay. For purposes of this subdivision, the West
Bay consists of the City and County of San Francisco and the portion
of San Mateo County that is north of the northern boundary of Redwood
City.
   (6) Two members shall be elected officials of one or more of the
following:
   (A) A bayside city or county.
   (B) A regional park district, regional open-space district, or
regional park and open-space district formed pursuant to Article 3
(commencing with Section 5500) of Chapter 3 of Division 5 of the
Public Resources Code that owns or operates one or more San Francisco
Bay shoreline parcels.
   (b) The Association of Bay Area Governments shall appoint the
members.
   (c) Each member shall serve at the pleasure of his or her
appointing authority.
   (d) A vacancy shall be filled by the Association of Bay Area
Governments within 90 days from the date on which the vacancy occurs.

   SEC. 2.    Section 66704 of the   Government
Code   is amended to read: 
   66704.  The authority has, and may exercise, all powers, expressed
or implied, that are necessary to carry out the intent and purposes
of this title, including, but not limited to, the power to do all of
the following:
   (a) (1) Levy a benefit assessment, special tax levied pursuant to
Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of
Division 1 of Title 5, or property-related fee consistent with the
requirements of Articles XIII C and XIII D of the California
Constitution, including, but not limited to, a benefit assessment
levied pursuant to paragraph (2), except that a benefit assessment,
special tax, or property-related fee shall not be levied pursuant to
this subdivision after December 31,  2028.  
2048. 
   (2) The authority may levy a benefit assessment pursuant to any of
the following:
   (A) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
   (B) The Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code).
   (C) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 10000) of the Streets and Highways Code).
   (D) The Landscaping and Lighting  Assessment  Act
of 1972 (Part 2 (commencing with Section 22500) of Division 15 of
the Streets and Highways Code), notwithstanding Section 22501 of the
Streets and Highways Code.
   (E) Any other statutory authorization.
   (b) Apply for and receive grants from federal and state agencies.
   (c) Solicit and accept gifts, fees, grants, and allocations from
public and private entities.
   (d) Issue revenue bonds for any of the purposes authorized by this
title pursuant to the Revenue Bond Law of 1941 (Chapter 6
(commencing with Section 54300) of Part 1 of Division 2 of Title 5).
   (e) Incur bond indebtedness, subject to the following
requirements:
   (1) The principal and interest of any bond indebtedness incurred
pursuant to this subdivision shall be paid and discharged prior to
January 1,  2029.   2049. 
   (2) For purposes of incurring bond indebtedness pursuant to this
subdivision, the authority shall comply with the requirements of
Article 11 (commencing with Section 5790) of Chapter 4 of Division 5
of the Public Resources Code except where those requirements are in
conflict with this provision. For purposes of this subdivision, all
references in Article 11 (commencing with Section 5790) of Chapter 4
of Division 5 of the Public Resources Code to a board of directors
shall mean the board and all references to a district shall mean the
authority. 
   (3) The total amount of indebtedness incurred pursuant to this
subdivision outstanding at any one time shall not exceed 10 percent
of the authority's total revenues in the preceding fiscal year.

   (f) Receive and manage a dedicated revenue source.
   (g) Deposit or invest moneys of the authority in banks or
financial institutions in the state in accordance with state law.
   (h) Sue and be sued, except as otherwise provided by law, in all
actions and proceedings, in all courts and tribunals of competent
jurisdiction.
   (i) Engage counsel and other professional services.
   (j) Enter into and perform all necessary contracts.
   (k) Enter into joint powers agreements pursuant to the Joint
Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1).
   (  l  ) Hire staff, define their qualifications and
duties, and provide a schedule of compensation for the performance of
their duties.
   (m) Use interim or temporary staff provided by appropriate state
agencies or the Association of Bay Area Governments. A person who
performs duties as interim or temporary staff shall not be considered
an employee of the authority.
   SEC. 3.    Section 66704.05 of the  
Government Code   is amended to read: 
   66704.05.  (a) If the authority proposes  to levy a
special tax   a measure  pursuant to subdivision
(a)  or (e)  of Section 66704 that will generate
revenues  , the board of supervisors of the county or counties
in which the  special tax   measure  is
proposed  to be levied  shall call a special
election on the measure. The special election shall be consolidated
with the next regularly scheduled statewide election and the measure
shall be submitted to the voters in the appropriate counties,
consistent with the requirements of Article XIII C or XIII D of the
California Constitution, as applicable.
   (b)  (1)    The authority is a district, as
defined in Section 317 of the Elections Code. Except as otherwise
provided in this section, a measure proposed by the authority that
requires voter approval shall be submitted to the voters of the
authority in accordance with the provisions of the Elections Code
applicable to districts, including the provisions of Chapter 4
(commencing with Section 9300) of Division 9 of the Elections Code.

   (2) Because the authority has no state revenues as of the
effective date of this paragraph, the appropriations limit for the
authority shall be originally established based on receipts from the
initial measure that would generate revenues for the authority
pursuant to subdivision (a), and that establishment of an
appropriations limit shall not be deemed a change in an
appropriations limit for purposes of Section 4 of Article XIII B of
the California Constitution. 
   (c) The authority shall file with the board of supervisors of each
county in which the measure shall appear on the ballot a resolution
of the authority requesting consolidation, and setting forth the
exact form of the ballot question, in accordance with Section 10403
of the Elections Code.
   (d) The legal counsel for the authority shall prepare an impartial
analysis of the measure. The impartial analysis prepared by the
legal counsel for the authority shall be subject to review and
revision by the county counsel of the county that contains the
largest population, as determined by the most recent federal
decennial census, among those counties in which the measure will be
submitted to the voters.
   (e) Each county included in the measure shall use the exact ballot
question, impartial analysis, and ballot language provided by the
authority. If two or more counties included in the measure are
required to prepare a translation of ballot materials into the same
language other than English, the county that contains the largest
population, as determined by the most recent federal decennial
census, among those counties that are required to prepare a
translation of ballot materials into the same language other than
English shall prepare the translation and that translation shall be
used by the other county or counties, as applicable.
   (f) Notwithstanding Section 13116 of the Elections Code, if a
measure proposed by the authority pursuant to this article is
submitted to the voters of the authority in two or more counties, the
elections officials of those counties shall mutually agree to use
the same letter designation for the measure.
   (g) The county clerk of each county shall report the results of
the special election to the authority.
   (h) (1) Notwithstanding Section 10520 of the Elections Code, for
the first election at which the authority proposes a  special
tax   measure  pursuant to subdivision (a)  or
(e)  of Section 66704  that would generate revenues  ,
the authority shall reimburse each county in which  the
special tax   that  measure appears on the ballot
only for the incremental costs incurred by the county elections
official related to submitting the measure to the voters.
   (2) For purposes of this subdivision, "incremental costs" include
all of the following:
   (A) The cost to prepare, review, and revise the impartial analysis
of the measure that is required by subdivision (d).
   (B) The cost to prepare a translation of ballot materials into a
language other than English by any county, as described in
subdivision (e).
   (C) The additional costs that exceed the costs incurred for other
election races or ballot measures, if any, appearing on the same
ballot in each county in which the  special tax 
measure appears on the ballot, including both of the following:
   (i) The printing and mailing of ballot materials.
   (ii) The canvass of the vote regarding the  special tax
 measure pursuant to Division 15 of the Elections Code.
   (3) This subdivision is repealed on January 1,  2017.
  2019. 
   SEC. 4.    Section 66706 of the   Government
Code   is amended to read: 
   66706.  This title shall remain in effect only until January 1,
 2029,   2049,  and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2029,   2049,  deletes or
extends that date.
   SEC. 5.    The Legislature finds and declares that
the San Francisco Bay Restoration Authority has not assumed any
existing duties from another local or state government entity and has
received no state or local government revenues not counted toward
another entity's appropriations limit. Therefore, the authority has
  no associated appropriations limit pursuant to Article
XIII     B of the California Constitution as of the
date of enactment of this bill. 
   SEC. 6.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.  
  SECTION 1.    Section 66702 of the Government Code
is amended to read:
   66702.  (a) The San Francisco Bay Restoration Authority is hereby
established as a regional entity with jurisdiction that extends
throughout the San Francisco Bay Area.
   (b) The jurisdiction of the authority is not subject to the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
(Division 3 (commencing with Section 56000) of Title 5).
   (c) The authority's purpose is to raise and allocate resources for
the restoration, enhancement, protection, and enjoyment of wetlands
and wildlife habitats in the San Francisco Bay and along its
shoreline.