BILL NUMBER: AB 2103	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 2, 2010
	AMENDED IN ASSEMBLY  APRIL 22, 2010
	AMENDED IN ASSEMBLY  APRIL 19, 2010

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 18, 2010

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2103, as amended, Hill. San Francisco Bay Restoration
Authority.
   Existing law authorizes the San Francisco Bay Restoration
Authority to levy a benefit assessment, special tax, or
property-related fee consistent with Articles XIII C and XIII D of
the California Constitution, as specified.
   This bill would require  (1)  the board of
supervisors of each affected county, when the authority proposes a
 regional  measure to levy a benefit assessment,
special tax, or property-related fee for submission to the voters, to
call a special election on the regional measure and place the
regional measure on the ballot of the next regularly scheduled
election,  (2)   and would require  the
county clerk of each county to report the results of the special
election to the authority  , and (3) the authority to adopt
and implement the regional measure if cumulatively, throughout the
authority's jurisdictional boundaries, the regional measure receives
the constitutionally required affirmative votes  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    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.
   (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.
   SECTION 1.   SEC. 2.   Section 66704.05
is added to the Government Code, to read:
   66704.05.  (a)  Notwithstanding any other provision of
law, when   When  the authority proposes 
any regional measure   to levy a special tax 
pursuant to subdivision (a) of Section 66704  for submission
to the voters of one or more counties within the San Francisco Bay
area, including, but not limited to, the City and County of San
Francisco, the board of supervisors of each of those counties
  ,   the board of supervisors of the county or
  counties in which the special tax is proposed to be
levied  shall call a special election on the  regional
 measure. The special election shall be consolidated with
the next regularly scheduled statewide election and the 
regional  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) Each county included in the measure shall  utilize
  use  the ballot question, title and summary, and
ballot language provided in the resolution of the authority.
   (c) The county clerk of each county shall report the results of
the special election to the authority. 
   (d) If cumulatively, throughout the authority's jurisdictional
boundaries, the regional measure receives the required affirmative
votes as prescribed by Article XIII C or XIII D of the California
Constitution, as applicable, the authority shall adopt and implement
the regional measure.