BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 279
Author: Hancock (D)
Amended: 8/26/13
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
SENATE FLOOR : 36-0, 5/20/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Leno, Lieu, Liu, Monning, Nielsen, Padilla,
Pavley, Steinberg, Torres, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Lara, Price, Roth, Vacancy
ASSEMBLY FLOOR : 74-1, 9/3/13 - See last page for vote
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).
Assembly Amendments declare the intent of the Legislature to
address the unique barriers faced by SFBRA in proposing a
CONTINUED
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special tax for a multicounty jurisdiction; require SFBRA at its
first special tax election to reimburse each county in which the
special tax appears on the ballot for incremental costs
incurred, define incremental costs and sunset this provision as
of January 1, 2017; delete the provision that requires SFBRA to
transmit a copy of the ballot measure to the county counsel of
the largest population county; and make clarifying changes in
order to create consistency with the Elections Code.
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
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 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.
This bill declares the SFBRA to be a "district," as defined in a
specified statute. 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.
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This bill requires the legal counsel for SFBRA to 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.
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
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.
This bill defines "incremental costs" to include all of the
following:
1. The cost to prepare, review, and revise the impartial
analysis of the measure;
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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, including both of the following:
A. The printing and mailing of ballot materials.
B. The canvass of the vote regarding the special tax
measure pursuant to Division 15 of the Elections Code.
This bill repeals, as of January 1, 2017, the subdivision
related to the requirement that SFBRA reimburse each county for
the incremental costs for the first election at which SFBRA
proposes a special tax.
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
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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 9/3/13)
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, S. Joseph Simitian
Save The Bay
ASSEMBLY FLOOR : 74-1, 9/3/13
AYES: Achadjian, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chávez, Chesbro, Conway, Cooley, Dahle,
Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth Gaines,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove,
Hagman, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NOES: Donnelly
NO VOTE RECORDED: Alejo, Chau, Hall, Vacancy, Vacancy
AB:d 9/4/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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