BILL ANALYSIS Ó
SB 279
Page 1
SENATE THIRD READING
SB 279 (Hancock)
As Amended August 26, 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)Declares the intent of the Legislature to address the unique
procedural and financial barriers faced by the SFBRA in
proposing a special tax measure for a large, multicounty
jurisdiction in a special election.
2)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.
3)Requires the legal counsel to prepare an impartial analysis of
the measure.
4)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.
5)Requires each county included in the measure to use the exact
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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)Requires, for the first election at which the SFBRA proposes a
special tax, the SFBRA to reimburse each county in which the
special tax measure appears on the ballot only for the
incremental costs incurred by the county elections official
related to submitting the measure to the voters, and defines
"incremental costs" to include all of the following:
a) The cost to prepare, review and revise the impartial
analysis of the measure;
b) The cost to prepare a translation of ballot materials
into a language other than English by any county; and,
c) The additional costs that exceed the costs incurred for
other election races or ballot measures, if any, appearing
on the same ballot in each county in which the special tax
measure appears on the ballot, including both of the
following:
i) The printing and mailing of ballot materials; and,
ii) The canvass of the vote regarding the special tax
measure, as specified.
9)Repeals, as of January 1, 2017, the provisions related to the
requirement that SFBRA reimburse each county for the
incremental costs for the first election at which SFBRA
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proposes a special tax.
10)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.
11)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.
12)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
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
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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.
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
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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
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."
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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 legal counsel to 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.
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.
Amendments adopted on August 26, 2013 specify that the SFBRA is
required to reimburse each county in which the special tax
measure appears on the ballot only for specified incremental
costs incurred by the county elections official. This is a
one-time requirement - future elections would be paid for out of
the coffers of the SFBRA. For purposes of the bill,
"incremental costs" include the following: 1) the cost to
prepare, review, and revise the impartial analysis of the
measure; 2) the cost to prepare a translation of ballot
materials into a language other than English by any county; and,
3) the additional costs that exceed the costs incurred for other
election races or ballot measures, if any, appearing on the same
ballot in each county in which the special tax measure appears
on the ballot, as specified. Since this is a one-time
requirement, the provisions requiring SFBRA to reimburse each
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county only for the incremental costs of the first election
would be repealed as of January 1, 2017.
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: 0001898