BILL NUMBER: AB 2954 CHAPTERED
BILL TEXT
CHAPTER 690
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008
APPROVED BY GOVERNOR SEPTEMBER 30, 2008
PASSED THE SENATE AUGUST 14, 2008
PASSED THE ASSEMBLY AUGUST 18, 2008
AMENDED IN SENATE AUGUST 6, 2008
AMENDED IN SENATE JULY 1, 2008
AMENDED IN SENATE JUNE 12, 2008
AMENDED IN ASSEMBLY MAY 23, 2008
AMENDED IN ASSEMBLY APRIL 21, 2008
AMENDED IN ASSEMBLY APRIL 2, 2008
AMENDED IN ASSEMBLY MARCH 24, 2008
INTRODUCED BY Assembly Members Lieber and Hancock
(Coauthors: Assembly Members Coto, DeSaulnier, Hayashi, Huffman,
Laird, Leno, Portantino, Ruskin, and Swanson)
(Coauthors: Senators Alquist, Migden, Wiggins, and Yee)
FEBRUARY 22, 2008
An act to add and repeal Title 7.25 (commencing with Section
66700) of the Government Code, relating to the San Francisco Bay
Restoration Authority.
LEGISLATIVE COUNSEL'S DIGEST
AB 2954, Lieber. San Francisco Bay Restoration Authority.
(1) Existing law establishes the San Francisco Bay Area
Conservancy Program, administered by the State Coastal Conservancy,
to address the resource and recreational goals of the San Francisco
Bay area in a coordinated, comprehensive, and effective manner and
authorizes the conservancy to undertake projects and award grants in
the San Francisco Bay area to achieve various goals, including the
improvement of public access to the coast and the protection,
restoration, and enhancement of natural habitats and connecting
corridors, watersheds, scenic areas, and other open-space resources.
Existing law also establishes the San Francisco Bay Conservation
and Development Commission and requires a person or governmental
agency wishing to place fill, extract materials, or make a
substantial change in the use of any water, land, or structure within
the area of the commission's jurisdiction, as defined, to secure a
permit from the commission. Existing law also authorizes the
commission to amend, or repeal and adopt, the San Francisco Bay Plan,
which is a comprehensive and enforceable plan for the conservation
of the water in the San Francisco Bay and the development of its
shoreline.
This bill would enact the San Francisco Bay Restoration Authority
Act, which would establish 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
would establish a governing board of the authority composed of a
resident of the San Francisco Bay Area, as defined, who would be
required to serve as chair, and specified local and regional
governmental officials, impose membership requirements for the board,
and require the board to, among other things, establish policies for
the operation of the authority and convene a Bay Restoration
Advisory Committee to assist and advise the board in carrying out its
functions.
The act would authorize the authority to raise funds and award
grants to public and private entities for eligible projects,
including projects that restore, protect, or enhance tidal wetlands,
managed ponds, or natural habitat on the San Francisco Bay shoreline.
The act would authorize the authority to, among other things, levy a
benefit assessment, apply for and receive grants from federal and
state agencies, solicit and accept gifts, fees, grants, and
allocations from public and private entities, issue revenue bonds,
incur bond indebtedness, and enter into joint powers agreements.
Because this bill would impose additional duties on local
governmental agencies relating to the membership of the governing
board of the authority, the bill would impose a state-mandated local
program.
This bill would repeal the act on January 1, 2029.
(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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Title 7.25 (commencing with Section 66700) is added to
the Government Code, to read:
TITLE 7.25. SAN FRANCISCO BAY RESTORATION AUTHORITY ACT
CHAPTER 1. FINDINGS AND DECLARATIONS
66700. This title shall be known and may be cited as the San
Francisco Bay Restoration Authority Act.
66700.5. The Legislature hereby finds and declares all of the
following:
(a) The nine counties surrounding the San Francisco Bay constitute
a region with unique natural resource and outdoor recreational
needs. The San Francisco Bay is the region's greatest natural
resource and its central feature and contributes greatly to
California's economic health and vitality. The bay is a hub of an
interconnected open-space system of watersheds, natural habitats,
scenic areas, agricultural lands, and regional trails.
(b) As the largest estuary on the West Coast of the United States,
the San Francisco Bay is home to hundreds of fish and wildlife
species and provides many outdoor recreational opportunities. The San
Francisco Bay is home to 105 threatened species and 23 endangered
species of wildlife. The San Francisco Bay and its tidal and seasonal
wetlands and other natural shoreline habitats are a significant part
of the state's coastal resources and a healthy bay is necessary to
support the state's human and wildlife populations.
(c) The Legislature has declared, in the California Ocean
Protection Act, that California's coastal and ocean resources are
critical to the state's environmental and economic security and
integral to the state's quality of life.
(d) A healthy San Francisco Bay is essential to a healthy ocean
ecosystem. Forty percent of the land in the state drains to the San
Francisco Bay. Pollution from cars, homes, and neighborhoods around
the bay, as well as from communities as far away as Fresno, Redding,
and Sacramento, drains into creeks, streams, and rivers that flow to
the bay before entering the Pacific Ocean.
(e) The San Francisco Bay is an estuary that is a critical nursery
for many ocean species, and the bay's wetlands, which are sheltered
from high winds, big waves, and fast-moving water, provide plentiful
food and protection from ocean predators. The bay's fertile mixing
zone of fresh and salty water also generates the ocean's food chain
base.
(f) The restoration, preservation, and maintenance of vital
wetlands and San Francisco Bay habitat, improvement of bay water
quality, provision of public access to the bay shoreline, and
enhancement of shoreline recreational amenities for the growing
population of the San Francisco Bay Area are immediate state and
regional priorities that are necessary to address continuing serious
threats posed by pollution and sprawl and to improve the region's
quality of life.
(g) Wetland restoration in the San Francisco Bay is necessary to
address the growing danger that global warming and rises in sea level
pose to the economic well-being, public health, natural resources,
and environment of California. Tidal wetlands can both assist with
tidal and fluvial flood management and adapt to rises in sea level by
accreting additional sediment and rising in elevation. Leading
scientists from the Intergovernmental Panel on Climate Change and the
United States government have found that the restoration of lost
wetlands represents an immediate and large opportunity for enhancing
terrestrial carbon sequestration.
(h) The importance of protecting and restoring the San Francisco
Bay's tidal wetlands and other natural habitat was underscored by the
2007 Cosco Busan oil spill, and the critical importance of
restoration projects and the long-term health of the bay are
well-documented in regional plans and reports, including the San
Francisco Estuary Project's Comprehensive Conservation and Management
Plan, the San Francisco Bay Conservation and Development Commission'
s San Francisco Bay Plan, the Baylands Ecosystem Habitat Goals
Report, the San Francisco Bay Joint Venture's "Restoring the Estuary"
Implementation Strategy, the Resources Agency report, "California's
Ocean Economy," and the Save The Bay's "Greening the Bay" report.
(i) The protection and restoration of the San Francisco Bay
require efficient and effective use of public funds, leveraging of
local funds with state and federal resources, and investment of
significant resources over a sustained period for habitat restoration
on shoreline parcels, parks, and recreational facilities, and public
access to natural areas.
(j) The protection and restoration of the San Francisco Bay and
the enhancement of its shoreline confer special benefits on property
proximate to the bay. Properties proximate to the bay receive special
benefits from the contribution of a healthy and vibrant bay to the
region's economy and quality of life, including improved access to
the bay's shoreline, enhanced recreational amenities in the area, and
protection from flooding.
(k) The San Francisco Bay Area needs to develop regional
mechanisms to generate and allocate additional resources to address
threats to the San Francisco Bay and to secure opportunities for the
improvement of the bay and its shoreline, natural areas, and
recreational facilities.
(l) It is in the public interest to create the San Francisco Bay
Restoration Authority as a regional entity to generate and allocate
resources for the protection and enhancement of tidal wetlands and
other wildlife habitat in and surrounding the San Francisco Bay.
CHAPTER 2. DEFINITIONS
66701. Unless the context otherwise requires, the following
definitions govern the construction of this title:
(a) "Advisory committee" means the Bay Restoration Advisory
Committee convened by the governing board of the San Francisco Bay
Restoration Authority pursuant to Section 66703.7.
(b) "Authority" means the San Francisco Bay Restoration Authority
established as a regional entity pursuant to Section 66702.
(c) "Bayside city or county" means a city or county with a
geographical boundary that touches San Francisco Bay, and includes
the City and County of San Francisco.
(d) "Board" means the governing board of the San Francisco Bay
Restoration Authority created pursuant to Section 66703.
(e) "Elected official" means an elected member of a city council
or an elected member of a county board of supervisors.
(f) "Member" means a person appointed as a member of the governing
board of the San Francisco Bay Restoration Authority pursuant to
Section 66703.
(g) "San Francisco Bay" means the area described in subdivision
(a) of Section 66610.
(h) "San Francisco Bay Area" means the area within the State
Coastal Conservancy's San Francisco Bay Area Conservancy Program
created pursuant to Chapter 4.5 (commencing with Section 31160) of
Division 21 of the Public Resources Code and includes the Counties of
Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa
Clara, Solano, and Sonoma.
CHAPTER 3. SAN FRANCISCO BAY RESTORATION AUTHORITY
66702. (a) The San Francisco Bay Restoration Authority is hereby
established as a regional entity with jurisdiction extending
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.
66702.5. 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.
CHAPTER 4. GOVERNING BODY
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
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 the portion of Contra Costa County that is west of
the City of Pittsburg and the portion of Alameda County that is north
of the southern boundary of the City of Hayward.
(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.
66703.1. The members of the board are subject to the Political
Reform Act of 1974 (Title 9 (commencing with Section 81000)).
66703.2. A member shall exercise his or her independent judgment
on behalf of the interests of the residents, the property owners, and
the public as a whole in furthering the intent and purposes of this
title.
66703.4. (a) A member appointed pursuant to subdivision (b) of
Section 66703 may receive a per diem for each board meeting that he
or she attends. The board shall set the amount of that per diem for a
member's attendance, but that amount shall not exceed one hundred
dollars ($100) per meeting. A member may not receive a payment for
more than two meetings in a calendar month.
(b) A member may waive a payment authorized by this section.
66703.5. The board shall elect from its own members a vice chair
who shall preside in the absence of the chair.
66703.6. (a) The time and place of the first meeting of the board
shall be at a time and place within the San Francisco Bay Area fixed
by the chair of the board.
(b) After the first meeting described in subdivision (a), the
board shall hold meetings at times and places determined by the
board.
(c) Meetings of the board are subject to the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5).
66703.7. (a) Not later than six months after the date of the
board's first meeting described in subdivision (a) of Section
66703.6, the board shall convene a Bay Restoration Advisory Committee
to assist and advise the board in carrying out the functions of the
board. The advisory committee shall meet on a regular basis.
(b) The membership of the advisory committee shall be determined
by the authority based upon criteria that provide a broad
representation of community and agency interests within the authority'
s jurisdiction over the restoration of wetland areas in the San
Francisco Bay and along its shoreline. The membership of the advisory
committee may include, but is not limited to, representatives from
the following:
(1) The Department of Fish and Game.
(2) The State Coastal Conservancy.
(3) The San Francisco Bay National Wildlife Refuge Complex
operated by the United States Fish and Wildlife Service.
(4) Open space and park districts that own or operate shoreline
parcels in the San Francisco Bay Area.
(5) The San Francisco Bay Regional Water Quality Control Board.
(6) The San Francisco Bay Conservation and Development Commission.
(7) The San Francisco Bay Joint Venture Management Board.
(8) The San Francisco Bay Trail Project.
(9) The San Francisco Estuary Project.
(10) Nongovernmental organizations working to restore, protect,
and enhance San Francisco Bay wetlands and wildlife habitat.
(11) Members of the public from bayside cities and counties in the
San Francisco Bay Area.
66703.8. (a) The board is the legislative body of the authority
and, consistent with this title, shall establish policies for the
operation of the authority.
(b) The board may act either by ordinance or resolution in order
to regulate the authority and to implement this title.
(c) Four voting members of the board shall constitute a quorum for
the purpose of transacting any business of the board. A recorded
majority vote of the total voting membership of the board is required
on each action.
CHAPTER 5. POWERS AND DUTIES OF THE AUTHORITY
Article 1. General Provisions
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, 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.
(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.
(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.
66704.1. The authority shall not acquire or own real property.
66704.3. All records prepared, owned, used, or retained by the
authority are public records for purposes of the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).
Article 2. Grant Program
66704.5. (a) The authority may raise funds and award grants to
public and private entities, including, but not limited to, owners or
operators of San Francisco Bay shoreline parcels, for eligible
projects in the counties within the authority's jurisdiction.
(b) An eligible project shall do at least one of the following:
(1) Restore, protect, or enhance tidal wetlands, managed ponds, or
natural habitats on the San Francisco Bay shoreline.
(2) Build or enhance shoreline levees or other flood management
features that are part of a project to restore, enhance, or protect
tidal wetlands, managed ponds, or natural habitats identified in
paragraph (1).
(3) Provide or improve public access or recreational amenities
that are part of a project to restore, enhance, or protect tidal
wetlands, managed ponds, or natural habitats identified in paragraph
(1).
(c) In awarding grants pursuant to subdivision (a), the authority
shall give priority to projects that, to the greatest extent
possible, meet the selection criteria of the State Coastal
Conservancy's San Francisco Bay Area Conservancy Program in
accordance with subdivision (c) of Section 31163 of the Public
Resources Code, and are consistent with the San Francisco Bay
Conservation and Development Commission coastal management program
for the San Francisco Bay segment of the California coastal zone and
the San Francisco Bay Joint Venture implementation strategy updated
list of Ongoing and Potential Wetland Habitat Projects.
(d) In reviewing and assessing projects, the authority shall
solicit input from the advisory committee convened pursuant to
Section 66703.7. The authority shall adopt a procedure for evaluating
proposals in consultation with the advisory committee.
(e) Grants awarded pursuant to subdivision (a) may be used to
support all phases of planning, construction, monitoring, operation,
and maintenance for projects that are eligible pursuant to
subdivision (b).
CHAPTER 6. FINANCIAL PROVISIONS
66705. (a) The board shall provide for regular audits of the
authority's accounts and records and shall maintain accounting
records and shall report accounting transactions in accordance with
generally accepted accounting principles adopted by the Government
Accounting Standards Board of the Financial Accounting Foundation for
both public reporting purposes and for reporting of activities to
the Controller.
(b) The board shall provide for annual financial reports. The
board shall make copies of the annual financial reports available to
the public.
66705.5. The authority shall be funded through gifts, donations,
grants, state or local bonds, assessments, other appropriate funding
sources, and other types of financial assistance from public and
private sources.
CHAPTER 7. REPEAL
66706. This title shall remain in effect only until January 1,
2029, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2029, deletes or extends
that date.
SEC. 2. 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.