BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2103
                                                                  Page  1

          Date of Hearing:  April 28, 2010

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                                Cameron Smyth, Chair
                     AB 2103 (Hill) - As Amended:  April 22, 2010
           
          SUBJECT  :  San Francisco Bay Restoration Authority.

           SUMMARY  :  Prescribes the method of how the San Francisco Bay  
          Restoration Authority (Authority) places a regional funding  
          measure before the voters of the Authority.  Specifically,  this  
          bill  :  

          1)Requires, when the Authority proposes any regional measure,  
            the board of supervisors of each county within the boundaries  
            of the Authority to call a special election on the regional  
            measure.

          2)Requires the special election to be consolidated with the next  
            regularly scheduled statewide election.

          3)Requires the regional measure to 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.

          4)Requires that each county included in the measure shall  
            utilize the ballot question, title and summary, and ballot  
            language provided in the resolution of the authority.

          5)Requires the county clerk of each county to report the results  
            of the special election to the Authority.

          6)Provides that 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.
          
           EXISTING LAW  :

          1)Establishes the Authority as an entity of regional government  
            to raise and allocate resources for the restoration,  
            enhancement, protection, and enjoyment of wetlands and  
            wildlife habitat in San Francisco Bay and along its shoreline.








                                                                  AB 2103
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          2)Establishes the jurisdiction of the Authority to include all  
            areas within the San Francisco Bay Area Conservancy Program,  
            which includes the Counties of Alameda, Contra Costa, Marin,  
            Napa, San Francisco, San Mateo, Santa Clara, Solano, and  
            Sonoma.

          3)States that 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.

          4)Authorizes the Authority to levy a benefit assessment, special  
            tax or property related fee consistent with the requirements  
            of Proposition 218.

           FISCAL EFFECT  :  None

           COMMENTS  :

          1)The San Francisco Bay Restoration Authority is a new regional  
            government agency charged with raising and allocating  
            resources for the restoration, enhancement, protection, and  
            enjoyment of wetlands and wildlife habitat in the San  
            Francisco Bay and along its shoreline [AB 2954 (Lieber),  
            Chapter 690, Statutes of 2008].

          2)The Authority's mission is to formulate a strategy for raising  
            local revenues to help restore 36,000 acres of publicly owned  
            Bay shoreline into tidal wetlands.  The estimated cost of such  
            an endeavor is about $1.43 billion over 50 years.  There is  
            some federal and state funding available for these projects,  
            but it is only a fraction of the need.  The Authority is  
            responsible for raising additional revenue to narrow the  
            funding gap and help leverage further federal and state  
            funding.

          3)According to the author's office, AB 2103 is consistent with  
            the Legislature's intent that voting on region-wide funding  
            mechanisms shall be decided by tabulating the votes of the  
            whole region (all 9 counties) collectively.  AB 2103 simply  
            clarifies this intent by adding statutory language that would  
            eliminate any remaining uncertainty and legal risk for the  
            Authority.









                                                                  AB 2103
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           4)Support Arguments  :  Supporters argue that this measure further  
            clarifies the Legislature's intent to create a regional  
            funding source for the Authority and ensures that a clear  
            process is established for each county to follow.

             Opposition Arguments  :  Opposition could argue that it should  
            be left up to each individual county to decide if they should  
            be assessed instead of having it decided collectively by the  
            nine counties.

           REGISTERED SUPPORT / OPPOSITION  :

           Support
           
          Save the Bay
          The Trust for Public Land

           Opposition
           
          None on file
           
          Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916)  
          319-3958