SB 371, as introduced, Hancock. San Francisco Bay Restoration Authority.
(1) Existing law, the San Francisco Bay Restoration Authority Act, until January 1, 2029, establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitat in the San Francisco Bay and along its shoreline. The act establishes a governing board of the authority composed of specified members, including a member who is a resident of the San Francisco Bay area who serves as the chair. The act grants to the board all powers that are necessary to carry out the act, including, among other things, the power to levy specified benefit assessments, special taxes, and fees, and to issue revenue bonds. However, the act limits the total amount of indebtedness incurred pursuant to those provisions authorizing the issuance of revenue bonds from exceeding 10% of the authority’s total revenues in the preceding fiscal year. Existing law generally requires a district to reimburse the county elections official for the actual costs incurred in conducting an election for the district. However, the act authorizes, until January 1, 2017, the authority to reimburse only the incremental costs, as defined, that are incurred by the county elections officials related to submitting a special tax measure to the voters.
This bill would delete the requirement that one member of the board, and the chair, be a resident of the San Francisco Bay area and would instead require that the member be an elected official of a bayside city or county. The bill would also delete the above-described 10% limit on the authority’s total amount of bonded indebtedness, and would extend to January 1, 2019, the provision authorizing the authority to reimburse county elections officials for only the incremental costs of submitting a special tax measure to the voters. The bill would also extend to January 1, 2041, the repeal date for the act, and would make related conforming changes. By imposing additional duties on local government officials with regard to implementation of the act, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 66703 of the Government Code is
2amended to read:
(a) The authority shall be governed by a board
4composed of seven voting members, as follows:
5(1) One member shall be
begin delete a resident of the San Francisco Bay with expertise
7in the implementation of Chapter 4.5 (commencing with Section
831160) of Division 21 of the Public Resources Code and shall
9serve as the chair.
10(2) One member shall be an elected official of a bayside city or
11county in the North Bay. For purposes of this subdivision, the
12North Bay consists of the Counties of Marin, Napa, Solano, and
14(3) One member shall be an elected official of a bayside city or
15county in the East Bay. For purposes of this subdivision, the East
16Bay consists of Contra Costa County and the portion of Alameda
17County that is north of the southern boundary of the City of
18Hayward, excluding the Delta primary zone.
P3 1(4) One member shall be an elected official of a bayside city or
2county in the South Bay. For purposes of this subdivision, the
3South Bay consists of Santa Clara County, the portion of Alameda
4County that is south of the southern boundary of the City of
5Hayward, and the portion of San Mateo County that is south of
6the northern boundary of Redwood City.
7(5) One member shall be an elected official of a bayside city or
8county in the West Bay. For purposes of this subdivision, the West
9Bay consists of the City and County of San Francisco and the
10portion of San Mateo County that is north of the northern boundary
11of Redwood City.
12(6) Two members shall be elected officials of one or more of
14(A) A bayside city or county.
15(B) A regional park district, regional open-space district, or
16regional park and open-space district formed pursuant to Article
173 (commencing with Section 5500) of Chapter 3 of Division 5 of
18the Public Resources Code that owns or operates one or more San
19Francisco Bay shoreline parcels.
20(b) The Association of Bay Area Governments shall appoint
22(c) Each member shall serve at the pleasure of his or her
24(d) A vacancy shall be filled by the Association of Bay Area
25Governments within 90 days from the date on which the vacancy
Section 66704 of the Government Code is amended
The authority has, and may exercise, all powers,
30expressed or implied, that are necessary to carry out the intent and
31purposes of this title, including, but not limited to, the power to
32do all of the following:
33(a) (1) Levy a benefit assessment, special tax levied pursuant
34to Article 3.5 (commencing with Section 50075) of Chapter 1 of
35Part 1 of Division 1 of Title 5, or property-related fee consistent
36with the requirements of Articles XIII C and XIII D of the
37California Constitution, including, but not limited to, a benefit
38assessment levied pursuant to paragraph (2), except that a benefit
39assessment, special tax, or property-related fee shall not be levied
40pursuant to this subdivision after December 31,
begin delete 2028end delete.
P4 1(2) The authority may levy a benefit assessment pursuant to any
2of the following:
3(A) The Improvement Act of 1911 (Division 7 (commencing
4with Section 5000) of the Streets and Highways Code).
5(B) The Improvement Bond Act of 1915 (Division 10
6(commencing with Section 8500) of the Streets and Highways
8(C) The Municipal Improvement Act of 1913 (Division 12
9(commencing with Section 10000) of the Streets and Highways
11(D) The Landscaping and Lighting
begin delete Assessmentend delete Act of 1972
12(Part 2 (commencing with Section 22500) of Division 15 of the
13Streets and Highways Code), notwithstanding Section 22501 of
14the Streets and Highways Code.
15(E) Any other statutory authorization.
16(b) Apply for and receive grants from federal and state agencies.
17(c) Solicit and accept gifts, fees, grants, and allocations from
18public and private entities.
19(d) Issue revenue bonds for any of the purposes authorized by
20this title pursuant to the Revenue Bond Law of 1941 (Chapter 6
21(commencing with Section 54300) of Part 1 of Division 2 of Title
23(e) Incur bond indebtedness, subject to the following
25(1) The principal and interest of any bond indebtedness incurred
26pursuant to this subdivision shall be paid and discharged prior to
begin delete 2029end delete.
28(2) For purposes of incurring bond indebtedness pursuant to
29this subdivision, the authority shall comply with the requirements
30of Article 11 (commencing with Section 5790) of Chapter 4 of
31Division 5 of the Public Resources Code except where those
32requirements are in conflict with this provision. For purposes of
33this subdivision, all references in Article 11 (commencing with
34Section 5790) of Chapter 4 of Division 5 of the Public Resources
35Code to a board of directors shall mean the board and all references
36to a district shall mean the authority.
37(3) The total amount of indebtedness incurred pursuant to this
38subdivision outstanding at any one time shall not exceed 10 percent
39of the authority’s total revenues in the preceding fiscal year.
40(f) Receive and manage a dedicated revenue source.
P5 1(g) Deposit or invest moneys of the authority in banks or
2financial institutions in the state in accordance with state law.
3(h) Sue and be sued, except as otherwise provided by law, in
4all actions and proceedings, in all courts and tribunals of competent
6(i) Engage counsel and other professional services.
7(j) Enter into and perform all necessary contracts.
8(k) Enter into joint powers agreements pursuant to the Joint
9Exercise of Powers Act (Chapter 5 (commencing with Section
106500) of Division 7 of Title 1).
11(l) Hire staff, define their qualifications and duties, and provide
12a schedule of compensation for the performance of their duties.
13(m) Use interim or temporary staff provided by appropriate state
14agencies or the Association of Bay Area Governments. A person
15who performs duties as interim or temporary staff shall not be
16considered an employee of the authority.
Section 66704.05 of the Government Code is amended
(a) If the authority proposes to levy a special tax
20pursuant to subdivision (a) of Section 66704, the board of
21supervisors of the county or counties in which the special tax is
22proposed to be levied shall call a special election on the measure.
23The special election shall be consolidated with the next regularly
24scheduled statewide election and the measure shall be submitted
25to the voters in the appropriate counties, consistent with the
26requirements of Article XIII C or XIII D of the California
27Constitution, as applicable.
28(b) The authority is a district, as defined in Section 317 of the
29Elections Code. Except as otherwise provided in this section, a
30measure proposed by the authority that requires voter approval
31shall be submitted to the voters of the authority in accordance with
32the provisions of the Elections Code applicable to districts,
33including the provisions of Chapter 4 (commencing with Section
349300) of Division 9 of the Elections Code.
35(c) The authority shall file with the board of supervisors of each
36county in which the measure shall appear on the ballot a resolution
37of the authority requesting consolidation, and setting forth the
38exact form of the ballot question, in accordance with Section 10403
39of the Elections Code.
P6 1(d) The legal counsel for the authority shall prepare an impartial
2analysis of the measure. The impartial analysis prepared by the
3legal counsel for the authority shall be subject to review and
4revision by the county counsel of the county that contains the
5largest population, as determined by the most recent federal
6decennial census, among those counties in which the measure will
7be submitted to the voters.
8(e) Each county included in the measure shall use the exact
9ballot question, impartial analysis, and ballot language provided
10by the authority. If two or more counties included in the measure
11are required to prepare a translation of ballot materials into the
12same language other than English, the county that contains the
13largest population, as determined by the most recent federal
14decennial census, among those counties that are required to prepare
15a translation of ballot materials into the same language other than
16English shall prepare the translation and that translation shall be
17used by the other county or counties, as applicable.
18(f) Notwithstanding Section 13116 of the Elections Code, if a
19measure proposed by the authority pursuant to this article is
20submitted to the voters of the authority in two or more counties,
21the elections officials of those counties shall mutually agree to use
22the same letter designation for the measure.
23(g) The county clerk of each county shall report the results of
24the special election to the authority.
25(h) (1) Notwithstanding Section 10520 of the Elections Code,
26for the first election at which the authority proposes a special tax
27pursuant to subdivision (a) of Section 66704, the authority shall
28reimburse each county in which the special tax measure appears
29on the ballot only for the incremental costs incurred by the county
30elections official related to submitting the measure to the voters.
31(2) For purposes of this subdivision, “incremental costs” include
32all of the following:
33(A) The cost to prepare, review, and revise the
34of the measure that is required by subdivision (d).
35(B) The cost to prepare a translation of ballot materials into a
36language other than English by any county, as described in
38(C) The additional costs that exceed the costs incurred for other
39election races or ballot measures, if any, appearing on the same
P7 1ballot in each county in which the special tax measure appears on
2the ballot, including both of the following:
3(i) The printing and mailing of ballot materials.
4(ii) The canvass of the vote regarding the special tax measure
5pursuant to Division 15 of the Elections Code.
6(3) This subdivision is repealed on January 1,
begin delete 2017end delete.
Section 66706 of the Government Code is amended
This title shall remain in effect only until January 1,
begin delete 2029end delete, and as of that date is repealed, unless a later enacted
11statute, that is enacted before January 1,
begin delete 2029end delete, deletes or
12extends that date.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15a local agency or school district has the authority to levy service
16charges, fees, or assessments sufficient to pay for the program or
17level of service mandated by this act, within the meaning of Section
1817556 of the Government Code.