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  MAY 14, 2015
	AMENDED IN ASSEMBLY  APRIL 14, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Ting
    (   Coauthor:   Assembly Member  
Chiu   ) 
   (Coauthors: Senators Hancock  , Hill,  and Leno)

                        FEBRUARY 25, 2015

   An act to amend Sections  66702.5,  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 property-related fees, and to issue revenue 
bonds and general obligation  bonds. However, the act limits the
total amount of indebtedness incurred pursuant to those provisions
authorizing the issuance of  revenue   general
obligation  bonds  from exceeding   to
 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  general obligation
 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.
    The act  requires   specifies  that the
special taxes  are to  be levied, and submitted to the
voters, consistent with specified provisions of the California
 Constitution.   Constitution relating to voter
approval for local tax levies and property-related fees, charges, and
assessments. 
   This bill would  additionally require the special taxes to
be levied, and   instead specify that measures that
will generate revenues are to be  submitted to the voters,
consistent with  those requirements of the California
Constitution and  the requirements of  Article XIII A of
 the California Constitution  relating to general
obligation bond indebtedness and ad valorem taxes .
   (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 1.    Section 66702.5 of the  
Government Code   is amended   to read: 
   66702.5.   (a)    It is the intent of the
Legislature that the authority should complement existing efforts by
cities, counties, districts, the San Francisco Bay Conservation and
Development Commission, the State Coastal Conservancy, and other
local, regional, and state entities, related to addressing the goals
described in this title. 
   (b) It is further the intent of the Legislature to explicitly
affirm the San Francisco Bay Restoration Authority's authority to
incur general obligation bond indebtedness under paragraph (2) of
subdivision (b) of Section 1 of Article XIII A of the California
Constitution, and Article 11 (commencing with Section 5790) of
Chapter 4 of Division 5 of the Public Resources Code. 
   SECTION 1.   SEC. 2.   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 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.   SEC. 3.   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 A, 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, 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 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,  consistent with paragraph (2) of
subdivision (b) of Section 1 of Article XIII     A
of the California Constitution,  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, 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.   Code.  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.
   (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.  SEC. 4.   Section 66704.05 of
the Government Code is amended to read:
   66704.05.  (a) If the authority proposes 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
measure is proposed 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 Articles XIII A, XIII C, and 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 measure pursuant
to subdivision (a) or (e) of Section 66704 that would generate
revenues, the authority shall reimburse each county in which 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 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 measure pursuant to
Division 15 of the Elections Code.
   (3) This subdivision is repealed on January 1, 2019.
   SEC. 4.   SEC. 5.  Section 66706 of the
Government Code is amended to read:
   66706.  This title shall remain in effect only until January 1,
2049, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2049, deletes or extends
that date.
   SEC. 5.   SEC. 6.   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.   SEC. 7.   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.