BILL ANALYSIS Ó SB 279 Page 1 SENATE THIRD READING SB 279 (Hancock) As Amended June 14, 2013 Majority vote SENATE VOTE :36-0 LOCAL GOVERNMENT 9-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |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 | ----------------------------------------------------------------- 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 SB 279 Page 2 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 SB 279 Page 3 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. SB 279 Page 4 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 SB 279 Page 5 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. SB 279 Page 6 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 FN: 0001587