BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 279
Author: Hancock (D)
Amended: 5/15/13
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-0, 4/17/13
AYES: Wolk, Knight, Beall, DeSaulnier, Emmerson, Hernandez, Liu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : San Francisco Bay Restoration Authority
SOURCE : San Francisco Bay Restoration Authority
DIGEST : This bill specifies procedures for conducting a
multi-county election to approve a special tax measure proposed
by the San Francisco Bay Restoration Authority (SFBRA).
ANALYSIS : Proposition 218 (1996) established that a tax
levied by a special-purpose authority is a special tax requiring
2/3 voter approval. State law authorizes the legislative body
of any district to levy a special tax with 2/3 voter approval
(AB 2345, Chappie, Chapter 672, Statutes of 1980).
The SFBRA is a regional entity with jurisdiction extending
throughout the nine-county San Francisco Bay Area (AB 2954,
Lieber, Chapter 690, Statutes of 2008). The SFBRA'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. The
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SFBRA can levy a special tax consistent with the provisions of
Proposition 218. State law requires that each county included
in a special tax measure proposed by the SFBRA must use the
ballot question, title and summary, and ballot language provided
in a resolution adopted by the SFBRA (AB 2103, Hill, Chapter
373, Statutes of 2010).
This bill declares the SFBRA to be a "district," as defined in a
specified statute. This bill requires the SFBRA's elections to
be governed by specified state laws for district initiatives and
referenda, except as otherwise provided in the SFBRA Act.
This bill requires the SFBRA to file, with the board of
supervisors of each county in which a special tax measure will
appear on the ballot, a resolution requesting that the election
be consolidated with the next regularly scheduled statewide
election and setting forth the exact form of the ballot
question, in accordance with state law.
This bill requires the SFBRA to transmit a copy of the special
tax measure to its legal counsel, who must prepare an impartial
analysis of the measure in accordance with state law. The
impartial analysis prepared by the SFBRA's legal counsel is
subject to review and revision by the county counsel of the
county that contains the largest population, as determined by
the most recent federal census, among the counties in which the
measure will be submitted to the voters.
If there is no legal counsel for the SFBRA, this bill requires
the SFBRA to transmit a copy of the special tax measure to the
county counsel of the county that contains the largest
population, as determined by the most recent federal census,
among the counties in which the measure will be submitted to the
voters and requires the county counsel to prepare the impartial
analysis.
This bill requires each county included in the measure to use
the exact impartial analysis provided by the SFBRA. If two or
more counties included in the measure are required to prepare a
translation of ballot materials into the same language other
than English, the county that contains the largest population,
as determined by the most recent federal census, among the
counties that are required to prepare a translation of ballot
materials into the same language other than English must prepare
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the translation. This bill requires the other county or
counties to use that translation.
If a special tax measure proposed by the SFBRA is submitted to
voters in two or more counties, this bill requires that that the
elections officials of those counties must mutually agree to use
the same letter designation for the measure.
Comments
SFBRA is responsible for helping to restore 36,000 acres of San
Francisco Bay shoreline into tidal wetlands, an endeavor that
may cost more than $1.4 billion over 50 years. To cover some of
these costs, and leverage additional state and federal funding,
the SFBRA officials anticipate the need to seek 2/3-voter
approval for special taxes, as authorized by current law. To
ensure that the special tax election is conducted in a uniform
manner, this bill adds language to the SFBRA's authorizing
statute clarifying some of the rules that would apply to an
election on a special tax proposed by the SFBRA.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/15/13)
San Francisco Bay Restoration Authority (source)
Bay Area Council
Contra Costa County Board of Supervisors, Chair Federal Glover
East Bay Regional Parks District Director John Sutter
Napa County Supervisor, Keith Caldwell
San Francisco Bay Restoration Authority Board Member Rosanne
Foust
San Francisco Estuary Partnership
San Mateo County Supervisor, Dave Pine
Santa Clara County Supervisor, Dave Cortese
Santa Clara County Supervisor, S. Joseph Simitian
Save The Bay
AB:d 5/15/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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