BILL NUMBER: AB 2103 CHAPTERED
BILL TEXT
CHAPTER 373
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2010
APPROVED BY GOVERNOR SEPTEMBER 25, 2010
PASSED THE SENATE AUGUST 11, 2010
PASSED THE ASSEMBLY AUGUST 16, 2010
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, 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 the board of supervisors of each affected
county, when the authority proposes a 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, and would require the county clerk of each county
to report the results of the special election to the authority.
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.
SEC. 2. Section 66704.05 is added to the Government Code, to read:
66704.05. (a) When the authority proposes to levy a special tax
pursuant to subdivision (a) of Section 66704, 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 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) Each county included in the measure shall 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.