BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 279
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          SENATE THIRD READING
          SB 279 (Hancock)
          As Amended  June 14, 2013
          Majority vote 

           SENATE VOTE  :36-0  
           
           LOCAL GOVERNMENT           9-0  APPROPRIATIONS      17-0        
           
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          |Ayes:|Achadjian, Levine, Alejo, |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Bradford, Gordon,         |     |Bocanegra, Bradford, Ian  |
          |     |Melendez, Mullin, Rendon, |     |Calderon, Campos,         |
          |     |Waldron                   |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Hall, Holden, Linder,     |
          |     |                          |     |Pan, Quirk, Wagner, Weber |
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          SUMMARY  :  Specifies, for the San Francisco Bay Restoration  
          Authority (SFBRA), procedures for conducting a multi-county  
          election to approve a special tax measure for SFBRA.   
          Specifically,  this bill  :   

          1)Requires 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 the legal counsel to prepare an impartial analysis of  
            the measure.

          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  








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            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.

          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  








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            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  
            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.









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          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. 

          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  :  According to the Assembly Appropriations  
          Committee:

          1)Legislative Counsel has keyed this bill a state mandated local  
            program because of the requirements placed on counties to hold  
            elections and because counties may have to prepare an  
            impartial analysis for the measure being submitted to the  
            voters and the cost of the election.  These would appear to be  
            reimbursable mandates.  Any reimbursable costs are expected to  
            be minor.

          2)Although it appears there are no mandates placed on SFBRA, and  
            SFBRA does not appear to be an entity eligible for  
            reimbursement, in the unlikely event the Commission on State  
            Mandates finds differently, the bill contains language that no  
            reimbursement would be required because the affected entity is  
            requesting the legislation.  The evidence in the record  
            supports the disclaimer.

           COMMENTS  :  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.

          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  








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          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].

          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."

          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.








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          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.

           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.


           Analysis Prepared by  :    Debbie Michel / L. GOV. / (916)  
          319-3958 


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