Amended in Senate April 6, 2015

Senate BillNo. 371


Introduced by Senator Hancock

February 24, 2015


An act to amendbegin delete Sections 66703, 66704, 66704.05, and 66706 of the Government Code, relating to the San Francisco Bay Restorationend delete begin deleteAuthority.end deletebegin insert Section 50079 of the Government Code, relating to local government.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 371, as amended, Hancock. begin deleteSan Francisco Bay Restoration Authority. end deletebegin insertSchool districts: special taxes.end insert

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Existing law authorizes school districts to impose qualified special taxes, subject to specified constitutional and statutory provisions. Existing law defines “qualified special taxes” as taxes that apply uniformly to all taxpayers or all real property within a school district and may include taxes that provide for an exemption from those taxes for persons who are 65 years of age or older, for persons receiving Supplemental Security Income for a disability, or for persons receiving Social Security Disability Insurance benefits, as specified.

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This bill would clarify that the authorization for an exemption from the qualified special taxes applies to any or all of the categories of persons described above. This bill would provide that this change is declaratory of existing law.

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(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.

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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.

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(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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 50079 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

50079.  

(a) Subject to Section 4 of Article XIII A of the
4California Constitution, any school district may impose qualified
P3    1special taxes within the district pursuant to the procedures
2established in Article 3.5 (commencing with Section 50075) and
3any other applicable procedures provided by law.

4(b) (1) As used in this section, “qualified special taxes” means
5special taxes that apply uniformly to all taxpayers or all real
6property within the school district, except that “qualified special
7taxes” may include taxes that provide for an exemption from those
8taxes forbegin insert any orend insert all of the following taxpayers:

9(A) Persons who are 65 years of age or older.

10(B) Persons receiving Supplemental Security Income for a
11disability, regardless of age.

12(C) Persons receiving Social Security Disability Insurance
13benefits, regardless of age, whose yearly income does not exceed
14250 percent of the 2012 federal poverty guidelines issued by the
15United States Department of Health and Human Services.

16(2) “Qualified special taxes” do not include special taxes
17imposed on a particular class of property or taxpayers.

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18(c) The amendments made to this section by the act adding this
19 subdivision are declaratory of existing law.

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20

SECTION 1.  

Section 66703 of the Government Code is
21amended to read:

22

66703.  

(a) The authority shall be governed by a board
23composed of seven voting members, as follows:

24(1) One member shall be an elected official of a bayside city or
25county with expertise in the implementation of Chapter 4.5
26(commencing with Section 31160) of Division 21 of the Public
27Resources Code and shall serve as the chair.

28(2) One member shall be an elected official of a bayside city or
29county in the North Bay. For purposes of this subdivision, the
30North Bay consists of the Counties of Marin, Napa, Solano, and
31Sonoma.

32(3) One member shall be an elected official of a bayside city or
33county in the East Bay. For purposes of this subdivision, the East
34Bay consists of Contra Costa County and the portion of Alameda
35County that is north of the southern boundary of the City of
36Hayward, excluding the Delta primary zone.

37(4) One member shall be an elected official of a bayside city or
38county in the South Bay. For purposes of this subdivision, the
39South Bay consists of Santa Clara County, the portion of Alameda
40County that is south of the southern boundary of the City of
P4    1Hayward, and the portion of San Mateo County that is south of
2the northern boundary of Redwood City.

3(5) One member shall be an elected official of a bayside city or
4county in the West Bay. For purposes of this subdivision, the West
5Bay consists of the City and County of San Francisco and the
6portion of San Mateo County that is north of the northern boundary
7of Redwood City.

8(6) Two members shall be elected officials of one or more of
9the following:

10(A) A bayside city or county.

11(B) A regional park district, regional open-space district, or
12regional park and open-space district formed pursuant to Article
133 (commencing with Section 5500) of Chapter 3 of Division 5 of
14the Public Resources Code that owns or operates one or more San
15Francisco Bay shoreline parcels.

16(b) The Association of Bay Area Governments shall appoint
17the members.

18(c) Each member shall serve at the pleasure of his or her
19appointing authority.

20(d) A vacancy shall be filled by the Association of Bay Area
21Governments within 90 days from the date on which the vacancy
22occurs.

23

SEC. 2.  

Section 66704 of the Government Code is amended
24to read:

25

66704.  

The authority has, and may exercise, all powers,
26expressed or implied, that are necessary to carry out the intent and
27purposes of this title, including, but not limited to, the power to
28do all of the following:

29(a) (1) Levy a benefit assessment, special tax levied pursuant
30to Article 3.5 (commencing with Section 50075) of Chapter 1 of
31Part 1 of Division 1 of Title 5, or property-related fee consistent
32with the requirements of Articles XIII C and XIII D of the
33California Constitution, including, but not limited to, a benefit
34assessment levied pursuant to paragraph (2), except that a benefit
35assessment, special tax, or property-related fee shall not be levied
36pursuant to this subdivision after December 31, 2040.

37(2) The authority may levy a benefit assessment pursuant to any
38of the following:

39(A) The Improvement Act of 1911 (Division 7 (commencing
40with Section 5000) of the Streets and Highways Code).

P5    1(B) The Improvement Bond Act of 1915 (Division 10
2(commencing with Section 8500) of the Streets and Highways
3Code).

4(C) The Municipal Improvement Act of 1913 (Division 12
5(commencing with Section 10000) of the Streets and Highways
6Code).

7(D) The Landscaping and Lighting Act of 1972 (Part 2
8(commencing with Section 22500) of Division 15 of the Streets
9and Highways Code), notwithstanding Section 22501 of the Streets
10and Highways Code.

11(E) Any other statutory authorization.

12(b) Apply for and receive grants from federal and state agencies.

13(c) Solicit and accept gifts, fees, grants, and allocations from
14public and private entities.

15(d) Issue revenue bonds for any of the purposes authorized by
16this title pursuant to the Revenue Bond Law of 1941 (Chapter 6
17(commencing with Section 54300) of Part 1 of Division 2 of Title
185).

19(e) Incur bond indebtedness, subject to the following
20requirements:

21(1) The principal and interest of any bond indebtedness incurred
22pursuant to this subdivision shall be paid and discharged prior to
23January 1, 2041.

24(2) For purposes of incurring bond indebtedness pursuant to
25this subdivision, the authority shall comply with the requirements
26of Article 11 (commencing with Section 5790) of Chapter 4 of
27Division 5 of the Public Resources Code except where those
28requirements are in conflict with this provision. For purposes of
29this subdivision, all references in Article 11 (commencing with
30Section 5790) of Chapter 4 of Division 5 of the Public Resources
31Code to a board of directors shall mean the board and all references
32to a district shall mean the authority.

33(f) Receive and manage a dedicated revenue source.

34(g) Deposit or invest moneys of the authority in banks or
35financial institutions in the state in accordance with state law.

36(h) Sue and be sued, except as otherwise provided by law, in
37all actions and proceedings, in all courts and tribunals of competent
38jurisdiction.

39(i) Engage counsel and other professional services.

40(j) Enter into and perform all necessary contracts.

P6    1(k) Enter into joint powers agreements pursuant to the Joint
2Exercise of Powers Act (Chapter 5 (commencing with Section
36500) of Division 7 of Title 1).

4(l) Hire staff, define their qualifications and duties, and provide
5a schedule of compensation for the performance of their duties.

6(m) Use interim or temporary staff provided by appropriate state
7agencies or the Association of Bay Area Governments. A person
8who performs duties as interim or temporary staff shall not be
9considered an employee of the authority.

10

SEC. 3.  

Section 66704.05 of the Government Code is amended
11to read:

12

66704.05.  

(a) If the authority proposes to levy a special tax
13pursuant to subdivision (a) of Section 66704, the board of
14supervisors of the county or counties in which the special tax is
15proposed to be levied shall call a special election on the measure.
16The special election shall be consolidated with the next regularly
17scheduled statewide election and the measure shall be submitted
18to the voters in the appropriate counties, consistent with the
19requirements of Article XIII C or XIII D of the California
20Constitution, as applicable.

21(b) The authority is a district, as defined in Section 317 of the
22Elections Code. Except as otherwise provided in this section, a
23measure proposed by the authority that requires voter approval
24shall be submitted to the voters of the authority in accordance with
25the provisions of the Elections Code applicable to districts,
26including the provisions of Chapter 4 (commencing with Section
279300) of Division 9 of the Elections Code.

28(c) The authority shall file with the board of supervisors of each
29county in which the measure shall appear on the ballot a resolution
30of the authority requesting consolidation, and setting forth the
31exact form of the ballot question, in accordance with Section 10403
32of the Elections Code.

33(d) The legal counsel for the authority shall prepare an impartial
34analysis of the measure. The impartial analysis prepared by the
35legal counsel for the authority shall be subject to review and
36revision by the county counsel of the county that contains the
37largest population, as determined by the most recent federal
38decennial census, among those counties in which the measure will
39be submitted to the voters.

P7    1(e) Each county included in the measure shall use the exact
2ballot question, impartial analysis, and ballot language provided
3by the authority. If two or more counties included in the measure
4are required to prepare a translation of ballot materials into the
5same language other than English, the county that contains the
6largest population, as determined by the most recent federal
7decennial census, among those counties that are required to prepare
8a translation of ballot materials into the same language other than
9English shall prepare the translation and that translation shall be
10used by the other county or counties, as applicable.

11(f) Notwithstanding Section 13116 of the Elections Code, if a
12measure proposed by the authority pursuant to this article is
13submitted to the voters of the authority in two or more counties,
14the elections officials of those counties shall mutually agree to use
15the same letter designation for the measure.

16(g) The county clerk of each county shall report the results of
17the special election to the authority.

18(h) (1) Notwithstanding Section 10520 of the Elections Code,
19for the first election at which the authority proposes a special tax
20pursuant to subdivision (a) of Section 66704, the authority shall
21reimburse each county in which the special tax measure appears
22on the ballot only for the incremental costs incurred by the county
23elections official related to submitting the measure to the voters.

24(2) For purposes of this subdivision, “incremental costs” include
25all of the following:

26(A) The cost to prepare, review, and revise the impartial analysis
27of the measure that is required by subdivision (d).

28(B) The cost to prepare a translation of ballot materials into a
29language other than English by any county, as described in
30subdivision (e).

31(C) The additional costs that exceed the costs incurred for other
32election races or ballot measures, if any, appearing on the same
33ballot in each county in which the special tax measure appears on
34the ballot, including both of the following:

35(i) The printing and mailing of ballot materials.

36(ii) The canvass of the vote regarding the special tax measure
37pursuant to Division 15 of the Elections Code.

38(3) This subdivision is repealed on January 1, 2019.

39

SEC. 4.  

Section 66706 of the Government Code is amended
40to read:

P8    1

66706.  

This title shall remain in effect only until January 1,
22041, and as of that date is repealed, unless a later enacted statute,
3that is enacted before January 1, 2041, deletes or extends that date.

4

SEC. 5.  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6a local agency or school district has the authority to levy service
7charges, fees, or assessments sufficient to pay for the program or
8level of service mandated by this act, within the meaning of Section
917556 of the Government Code.

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