BILL NUMBER: SB 371 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Hancock
FEBRUARY 24, 2015
An act to amend Sections 66703, 66704, 66704.05, and
66706 of the Government Code, relating to the San Francisco Bay
Restoration Authority. Section
50079 of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 371, as amended, Hancock. San Francisco Bay
Restoration Authority. School districts: special taxes.
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.
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.
(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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 50079 of the
Government Code is amended to read:
50079. (a) Subject to Section 4 of Article XIII A of the
California Constitution, any school district may impose qualified
special taxes within the district pursuant to the procedures
established in Article 3.5 (commencing with Section 50075) and any
other applicable procedures provided by law.
(b) (1) As used in this section, "qualified special taxes" means
special taxes that apply uniformly to all taxpayers or all real
property within the school district, except that "qualified special
taxes" may include taxes that provide for an exemption from those
taxes for any or all of the following taxpayers:
(A) Persons who are 65 years of age or older.
(B) Persons receiving Supplemental Security Income for a
disability, regardless of age.
(C) Persons receiving Social Security Disability Insurance
benefits, regardless of age, whose yearly income does not exceed 250
percent of the 2012 federal poverty guidelines issued by the United
States Department of Health and Human Services.
(2) "Qualified special taxes" do not include special taxes imposed
on a particular class of property or taxpayers.
(c) The amendments made to this section by the act adding this
subdivision are declaratory of existing law.
SECTION 1. Section 66703 of the Government Code
is amended to read:
66703. (a) The authority shall be governed by a board composed of
seven voting members, as follows:
(1) One member shall be an elected official of a bayside city or
county with expertise in the implementation of Chapter 4.5
(commencing with Section 31160) of Division 21 of the Public
Resources Code and shall serve as the chair.
(2) One member shall be an elected official of a bayside city or
county in the North Bay. For purposes of this subdivision, the North
Bay consists of the Counties of Marin, Napa, Solano, and Sonoma.
(3) One member shall be an elected official of a bayside city or
county in the East Bay. For purposes of this subdivision, the East
Bay consists of Contra Costa County and the portion of Alameda County
that is north of the southern boundary of the City of Hayward,
excluding the Delta primary zone.
(4) One member shall be an elected official of a bayside city or
county in the South Bay. For purposes of this subdivision, the South
Bay consists of Santa Clara County, the portion of Alameda County
that is south of the southern boundary of the City of Hayward, and
the portion of San Mateo County that is south of the northern
boundary of Redwood City.
(5) One member shall be an elected official of a bayside city or
county in the West Bay. For purposes of this subdivision, the West
Bay consists of the City and County of San Francisco and the portion
of San Mateo County that is north of the northern boundary of Redwood
City.
(6) Two members shall be elected officials of one or more of the
following:
(A) A bayside city or county.
(B) A regional park district, regional open-space district, or
regional park and open-space district formed pursuant to Article 3
(commencing with Section 5500) of Chapter 3 of Division 5 of the
Public Resources Code that owns or operates one or more San Francisco
Bay shoreline parcels.
(b) The Association of Bay Area Governments shall appoint the
members.
(c) Each member shall serve at the pleasure of his or her
appointing authority.
(d) A vacancy shall be filled by the Association of Bay Area
Governments within 90 days from the date on which the vacancy occurs.
SEC. 2. Section 66704 of the Government Code is
amended to read:
66704. The authority has, and may exercise, all powers, expressed
or implied, that are necessary to carry out the intent and purposes
of this title, including, but not limited to, the power to do all of
the following:
(a) (1) Levy a benefit assessment, special tax levied pursuant to
Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of
Division 1 of Title 5, or property-related fee consistent with the
requirements of Articles XIII C and XIII D of the California
Constitution, including, but not limited to, a benefit assessment
levied pursuant to paragraph (2), except that a benefit assessment,
special tax, or property-related fee shall not be levied pursuant to
this subdivision after December 31, 2040.
(2) The authority may levy a benefit assessment pursuant to any of
the following:
(A) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
(B) The Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code).
(C) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 10000) of the Streets and Highways Code).
(D) The Landscaping and Lighting Act of 1972 (Part 2 (commencing
with Section 22500) of Division 15 of the Streets and Highways Code),
notwithstanding Section 22501 of the Streets and Highways Code.
(E) Any other statutory authorization.
(b) Apply for and receive grants from federal and state agencies.
(c) Solicit and accept gifts, fees, grants, and allocations from
public and private entities.
(d) Issue revenue bonds for any of the purposes authorized by this
title pursuant to the Revenue Bond Law of 1941 (Chapter 6
(commencing with Section 54300) of Part 1 of Division 2 of Title 5).
(e) Incur bond indebtedness, subject to the following
requirements:
(1) The principal and interest of any bond indebtedness incurred
pursuant to this subdivision shall be paid and discharged prior to
January 1, 2041.
(2) For purposes of incurring bond indebtedness pursuant to this
subdivision, the authority shall comply with the requirements of
Article 11 (commencing with Section 5790) of Chapter 4 of Division 5
of the Public Resources Code except where those requirements are in
conflict with this provision. For purposes of this subdivision, all
references in Article 11 (commencing with Section 5790) of Chapter 4
of Division 5 of the Public Resources Code to a board of directors
shall mean the board and all references to a district shall mean the
authority.
(f) Receive and manage a dedicated revenue source.
(g) Deposit or invest moneys of the authority in banks or
financial institutions in the state in accordance with state law.
(h) Sue and be sued, except as otherwise provided by law, in all
actions and proceedings, in all courts and tribunals of competent
jurisdiction.
(i) Engage counsel and other professional services.
(j) Enter into and perform all necessary contracts.
(k) Enter into joint powers agreements pursuant to the Joint
Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1).
( l ) Hire staff, define their qualifications
and duties, and provide a schedule of compensation for the
performance of their duties.
(m) Use interim or temporary staff provided by appropriate state
agencies or the Association of Bay Area Governments. A person who
performs duties as interim or temporary staff shall not be considered
an employee of the authority.
SEC. 3. Section 66704.05 of the Government Code
is amended to read:
66704.05. (a) If the authority proposes to levy a special tax
pursuant to subdivision (a) of Section 66704, the board of
supervisors of the county or counties in which the special tax is
proposed to be levied shall call a special election on the measure.
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 XIII C or XIII D of the California
Constitution, as applicable.
(b) The authority is a district, as defined in Section 317 of the
Elections Code. Except as otherwise provided in this section, a
measure proposed by the authority that requires voter approval shall
be submitted to the voters of the authority in accordance with the
provisions of the Elections Code applicable to districts, including
the provisions of Chapter 4 (commencing with Section 9300) of
Division 9 of the Elections Code.
(c) The authority shall file with the board of supervisors of each
county in which the measure shall appear on the ballot a resolution
of the authority requesting consolidation, and setting forth the
exact form of the ballot question, in accordance with Section 10403
of the Elections Code.
(d) The legal counsel for the authority shall prepare an impartial
analysis of the measure. The impartial analysis prepared by the
legal counsel for the authority shall 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.
(e) Each county included in the measure shall use the exact ballot
question, impartial analysis, and ballot language provided by the
authority. 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 shall prepare the translation and that translation shall be
used by the other county or counties, as applicable.
(f) Notwithstanding Section 13116 of the Elections Code, if a
measure proposed by the authority pursuant to this article is
submitted to the voters of the authority in two or more counties, the
elections officials of those counties shall mutually agree to use
the same letter designation for the measure.
(g) The county clerk of each county shall report the results of
the special election to the authority.
(h) (1) Notwithstanding Section 10520 of the Elections Code, for
the first election at which the authority proposes a special tax
pursuant to subdivision (a) of Section 66704, the authority shall
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.
(2) For purposes of this subdivision, "incremental costs" include
all of the following:
(A) The cost to prepare, review, and revise the impartial analysis
of the measure that is required by subdivision (d).
(B) The cost to prepare a translation of ballot materials into a
language other than English by any county, as described in
subdivision (e).
(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.
(ii) The canvass of the vote regarding the special tax measure
pursuant to Division 15 of the Elections Code.
(3) This subdivision is repealed on January 1, 2019.
SEC. 4. Section 66706 of the Government Code is
amended to read:
66706. This title shall remain in effect only until January 1,
2041, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2041, deletes or extends
that date.
SEC. 5. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.