BILL ANALYSIS Ó
SB 279
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Date of Hearing: June 12, 2013
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 279 (Hancock) - As Amended: May 15, 2013
SENATE VOTE : 36-0
SUBJECT : San Francisco Bay Restoration Authority.
SUMMARY : Specifies, for the San Francisco Bay Restoration
Authority, procedures for conducting a multi-county election to
approve a special tax measure for the Authority. Specifically,
this bill :
1)Requires the San Francisco Bay Restoration Authority (SFBRA)
to file with the board of supervisors of each county in which
the special tax measure shall appear on the ballot a
resolution requesting consolidation, and setting forth the
exact form of the ballot question, in accordance with
provisions in the Elections Code related to the consolidation
of elections.
2)Requires SFBRA to transmit a copy of the measure to the legal
counsel, and requires the legal counsel to prepare an
impartial analysis of the measure in accordance with
provisions in the Elections Code which provide for the
preparation of an impartial analysis.
3)Requires the impartial analysis prepared by the legal counsel
to be subject to review and revision by the county counsel of
the county that contains the largest population, as determined
by the most recent federal decennial census, among those
counties in which the measure will be submitted to the voters.
4)Requires, if there is no legal counsel for SFBRA, the SFBRA to
transmit a copy of the measure to the county counsel of the
county that contains the largest population, as determined by
the most recent federal decennial census, among those counties
in which the measure will be submitted to the voters, and
requires the county counsel to prepare the impartial analysis.
5)Requires each county included in the measure to use the exact
ballot question, impartial analysis, and ballot language
provided by SFBRA.
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6)Requires, 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
decennial census, among those counties that are required to
prepare a translation of ballot materials into the same
language other than English, to prepare the translation and
requires that translation to be used by the other county or
counties, as applicable.
7)Requires, if a measure proposed by SFBRA is submitted to the
voters of SFBRA in two or more counties, the elections
officials in those counties to mutually agree to use the same
letter designation for the measure.
8)States that SFBRA is a "district" as defined in the Elections
Code, which includes any regional agency that has the power to
tax, to regulate land use, or to condemn and purchase land.
9)Requires a measure proposed by SFBRA that requires voter
approval to be submitted to the voters of SFBRA in accordance
with the provisions of the Elections Code applicable to
district elections and measures submitted to voters.
10)Specifies that no reimbursement is required by the bill's
provisions because the costs are the result of a program for
which legislative authority was requested by that local
agency, unless the Commission on State Mandates determines
that the bill's provisions contains other costs mandated by
the state.
EXISTING LAW :
1)Establishes the San Francisco Bay Restoration Authority Act.
2)Finds and declares that the nine counties surrounding the San
Francisco Bay constitute a region with unique natural resource
and outdoor recreational needs and the importance of
protecting and restoring vital wetlands and San Francisco Bay
habitat, and that it is in the public interest to create SFBRA
as a regional entity.
3)States that SFBRA's purpose is to raise and allocate resources
for the restoration, enhancement, protection, and enjoyment of
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wetlands and wildlife habitats in the San Francisco Bay and
along its shoreline.
4)States the intent of the Legislature that SFBRA should
complement existing efforts by cities, counties, districts,
the San Francisco Bay Conservation and Development Commission,
the State Coastal Conservancy, and other local, regional, and
state entities, related to addressing the goals, as specified.
5)Specifies that SFBRA's governing board is composed of seven
voting members, as specified, and is subject to the Political
Reform Act of 1974.
6)Authorizes SFBRA to levy a benefit assessment, special tax, or
property-related fee consistent with the requirements of
Articles XIIIC and XIIID of the California Constitution, as
specified, and allows SFBRA to apply for and receive grants
from federal and state agencies, issue revenue bonds, incur
bond indebtedness, and enter into joint powers agreements.
7)Requires, when SFBRA proposes to levy a special tax, the board
of supervisors of the county or counties in which the special
tax is proposed to be levied, to call a special election on
the measure.
8)Requires 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 XIIIC and XIIID of
the California Constitution.
9)Requires each county included in the measure to use the ballot
question, title and summary, and ballot language provided in
the resolution of SFBRA.
10)Requires the county clerk of each county to report the
results of the special election to SFBRA.
11)Requires the SFBRA Board to provide for regular audits and
annual financial reports, and make copies available to the
public.
12)Repeals the San Francisco Bay Restoration Authority Act as of
January 1, 2029.
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13)Defines a "district" in Elections Code, for purposes of
initiative and referendum, to include any regional agency that
has the power to tax, to regulate land use, or to condemn and
purchase land.
FISCAL EFFECT : This bill is keyed fiscal.
COMMENTS :
1)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), and is sponsored
by SFBRA.
2)SFBRA is a regional entity with jurisdiction extending
throughout the nine-county San Francisco Bay Area [AB 2954
(Lieber), Chapter 690, Statutes of 2008]. 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. 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 SFBRA
must use the ballot question, title and summary, and ballot
language provided in a resolution adopted by SFBRA [AB 2103
(Hill), Chapter 373, Statutes of 2010].
3)According to the author, "This bill will clarify the SFBRA's
ability to provide uniform ballot measures across nine
counties with the SFBRA's jurisdiction. SFBRA's mission is to
raise 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. Limited state and federal funds are available for
these projects, and SB 279 will help clarify how the SFBRA can
provide future multi-county ballot measures.
"Currently, code does not provide clarity as to how the SFBRA
can provide uniform ballot measures across the nine counties
in SFBRA's jurisdiction. For example, who prepares the
impartial analysis, who prepares translations of ballot
materials, how the ballot material will remain uniform across
counties, or if a uniform designation will be used - these are
all aspects of a multi-county ballot measure that are
unclear."
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4)This bill requires 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 also
requires 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 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 SFBRA, this bill requires
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.
Additionally, this bill requires each county included in the
measure to use the exact impartial analysis provided by 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 the translation. This bill requires
the other county or counties to use that translation.
If a special tax measure proposed by 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.
5)COMMITTEE AMENDMENTS . In order to create consistency with the
Elections Code and delete one provision that is not necessary
for the bill, the following Committee amendments are proposed
for subdivision (d):
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(d) The authority shall transmit a copy of the measure to the
The legal counsel for the authority , who shall prepare an
impartial analysis of the measure in accordance with Section
9313 of the Elections Code .
6)Support arguments : Supporters argue that the bill will create
and ensure uniformity for Bay Area voters in a potential
ballot measure and allow SFBRA to continue moving forward in
planning and seeking voter approval consistent with its
mission.
Opposition arguments : None on file.
REGISTERED SUPPORT / OPPOSITION :
Support
San Francisco Bay Restoration Authority [SPONSOR]
Bay Area Council
East Bay Regional Park District
San Francisco Estuary Partnership
San Mateo County Economic Development Association
Save the Bay
Supervisor Joseph Simitian, County of Santa Clara
Supervisor Dave Pine, County of San Mateo
Supervisor Federal Glover, County of Contra Costa
Supervisor Dave Cortese, County of Santa Clara
Supervisor Keith Caldwell, County of Napa
Individual letters (2)
Opposition
None on file
SB 279
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Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958