BILL NUMBER: AB 418 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 10, 2014
AMENDED IN SENATE JANUARY 27, 2014
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE SEPTEMBER 5, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN ASSEMBLY APRIL 15, 2013
INTRODUCED BY Assembly Member Mullin
( Coauthor: Senator Hill
)
FEBRUARY 15, 2013
An act to add the heading of Article 1 (commencing with Section
65089.11) to Chapter 2.65 of, and to add Article 2 (commencing with
Section 65089.50) to Chapter 2.65 of, Division 1 of Title 7 of, the
Government Code, relating to local government, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 418, as amended, Mullin. Local government: special tax,
assessment, or property-related fee.
Existing law, until January 1, 2013, authorized the City/County
Association of Governments of San Mateo County to impose a fee of up
to $4 on motor vehicles registered within San Mateo County for a
program for the management of traffic congestion and stormwater
pollution within that county.
This bill would authorize the City/County Association of
Governments of San Mateo County, in accordance with specified
provisions of the California Constitution, to impose a parcel tax or
a property-related fee for the purpose of implementing stormwater
management programs, as prescribed.
This bill would make legislative findings and declarations as to
the necessary necessity of a special
statute.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The County of San Mateo and each of the 20 incorporated cities
within this county have joined together to form the 21-member
City/County Association of Governments of San Mateo County, a joint
powers agency that addresses issues of countywide significance,
including water pollution prevention programs.
(b) Each of the 21-member agencies of the City/County Association
of Governments of San Mateo County is mandated to comply with
municipal stormwater permit requirements issued by the San Francisco
Bay Regional Water Quality Control Board.
(c) The City/County Association of Governments of San Mateo County
helps coordinate municipal stormwater permit compliance activities
among its member agencies and, in cases where compliance activities
are more effectively implemented at a countywide level, does so on
their behalf as directed by its member agencies.
(d) The addition of Section 65089.50 to the Government Code will
better enable the City/County Association of Governments of San Mateo
County to do, among other things, all of the following:
(1) In conjunction with its member agencies, protect the
watersheds and natural resources within the County of San Mateo and
restore and enhance the environment, including the long-term
protection of the waters of local creeks and waterways ,
the San Francisco Bay, and the coastline along the Pacific Ocean.
(2) Develop and adopt a countywide stormwater management program
designed to coordinate, fund, and implement water pollution
prevention programs within the County of San Mateo, by the
City/County Association of Governments of San Mateo County or its
member agencies.
(3) Impose, consistent with and pursuant to the California
Constitution, a special tax or property-related fee within its
boundaries to fund activities outlined in its joint powers agreement
and consistent with municipal stormwater permit requirements mandated
by the San Francisco Bay Regional Water Quality Control Board.
(e) The provisions of this act respond to the specific and unique
circumstances of the City/County Association of Governments of San
Mateo County by affirming the association's authority to impose,
consistent with and pursuant to the California Constitution, a
special tax or property-related fee within its boundaries to fund
activities outlined in its joint powers agreement. It is the intent
of the Legislature that this act shall not be construed to limit,
expand, or otherwise change any local agency's authority to exercise
power under the Joint Exercise of Powers Act.
SEC. 2. The heading of Article 1 (commencing with Section
65089.11) is added to Chapter 2.65 of Division 1 of Title 7 of the
Government Code, to read:
Article 1. Traffic Congestion and Stormwater Pollution
SEC. 3. Article 2 (commencing with Section 65089.50) is added to
Chapter 2.65 of Division 1 of Title 7 of the Government Code, to
read:
Article 2. Stormwater Management
65089.50. (a) The City/County Association of Governments of San
Mateo County may impose either a special tax subject to the
procedures and requirements set forth in subdivision (d) of Section 2
of Article XIII C of the California Constitution, or a
property-related fee subject to the procedures and requirements set
forth in subdivisions (a), (b), and (c) of Section 6 of Article XIII
D of the California Constitution, for the purposes of implementing
stormwater management programs consistent with the agencies' joint
powers agreement.
(b) The special tax or property-related fee, at the option of the
City/County Association of Governments of San Mateo County, may be
collected on the tax rolls of the county in the same manner, by the
same persons, subject to the same penalties, and at the same time as,
together with and not separate from, county ad valorem property
taxes. In that event, from the amount collected pursuant to this
paragraph, the county auditor may deduct that amount required to
reimburse the county for its actual cost of collection.
SEC. 4. The Legislature finds and declares that, because of the
unique circumstances applicable only to the City/County Association
of Governments of San Mateo County an existing joint powers agency
composed of the county and every city and town within the county that
coordinates and provides stormwater permit compliance activities, a
statute of general application cannot be enacted within the meaning
of subdivision (b) of Section 16 of Article IV of the California
Constitution. Therefore, this special statute is necessary.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to timely provide for the protection the water of local
creeks, the San Francisco Bay, and the coastline for the use and
enjoyment of the citizens of San Mateo and aquatic life, it is
necessary that this act take effect immediately.