Bill Text: CA AB746 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: AB 746 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 10, 2015
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 with expertise in the implementation of the San
Francisco Bay Conservancy Program, 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 outstanding indebtedness
incurred pursuant to those provisions authorizing the issuance of
general obligation bonds 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 with expertise in the implementation of the San
Francisco Bay Conservancy Program and would instead require
that member to be an elected official of a bayside city or
county. county, or an elected member of a special
district, with expertise in the implementation of the San Francisco
Bay Conservancy Program. The bill would also delete the limit
on the authority's total amount of outstanding general
obligation bonded indebtedness based on prior fiscal year
revenues. and would, instead, prohibit the authority
from having a total amount of outstanding
bonded indebtedness that exceeds $1,500,000,000. The bill would
specify that the authority may incur general obligation bonded
indebtedness for the acquisition or improvement of real property or
for the funding or refunding of any outstanding bonded indebtness
incurred by the authorit y. 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 specifies that the special taxes are to be levied, and
submitted to the voters, consistent with specified provisions of the
California Constitution relating to voter approval for local tax
levies and property-related fees, charges, and assessments.
This bill would 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
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.
SEC. 2. 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 an elected official of a bayside city or
county , or an elected member of a special district, 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. 3. 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 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,
general obligation bonded indebtedness for the
acquisition or improvement of real property or for funding or
refunding of any outstanding indebtedness, subject to the
following requirements:
(1) The principal and interest of any bond
general obligation bonded indebtedness incurred pursuant to
this subdivision shall be paid and discharged prior to January 1,
2049.
(2) For purposes of incurring bond general
obligation bonded 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. 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) Notwithstanding any other law, the total amount of outstanding
bonded indebtedness the authority may incur pursuant to this
subdivision and subdivision (d) shall not exceed one billion five
hundred million dollars ($1,500,000,000).
(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. 4. SEC. 3. 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. 5. SEC. 4. 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. 6. 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. The Legislature finds and declares that the
changes made by this act to subdivision (e) of Section 66704 of the
Government Code explicitly affirm the authority of the Francisco Bay
Restoration Authority to incur general obligation bonded
indebtedness, so as to implement the Legislature's intent when the
statute first became operative on January 1, 2009.
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.
