BILL NUMBER: SB 223 CHAPTERED 07/06/99 CHAPTER 59 FILED WITH SECRETARY OF STATE JULY 6, 1999 APPROVED BY GOVERNOR JULY 6, 1999 PASSED THE ASSEMBLY JUNE 16, 1999 PASSED THE SENATE APRIL 26, 1999 AMENDED IN SENATE APRIL 20, 1999 AMENDED IN SENATE APRIL 6, 1999 INTRODUCED BY Senator Kelley JANUARY 25, 1999 An act to add Section 53395.9 to the Government Code, relating to infrastructure financing. LEGISLATIVE COUNSEL'S DIGEST SB 223, Kelley. Infrastructure financing: Salton Sea Authority. Existing law authorizes counties and cities to form infrastructure financing districts, in accordance with a prescribed procedure, to finance public capital facilities utilizing a method of tax increment financing. This bill would authorize the Salton Sea Authority, a joint powers authority, to utilize this law to form an infrastructure financing district to fund the construction of, and purchasing electrical power for, projects for the reclamation and environmental restoration of the Salton Sea. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Salton Sea is California's largest body of water and a critical link in the Pacific Fly-Way, providing at least an interim habitat for more than half of the bird species found in the United States. (b) The Salton Sea helps support the agricultural and tourism economies of the Imperial and Coachella Valleys, with the Salton Sea State Park being a destination of more than 200,000 visitors per year; in past years the park ranked second statewide in the number of visitors per annum. (c) The Salton Sea's economic and environmental assets are at extreme peril as evidenced by the efforts of federal, state, local, and tribal governments to restore the sea to a sound and viable ecosystem. (d) Section 53395 of the Government Code authorizes local governments to establish infrastructure finance districts to fund major capital improvements. (e) Granting the Salton Sea Authority permission to form an infrastructure finance district will facilitate the authority's ability to engage in the restoration of the Salton Sea without creating a new municipality surrounding the sea. (f) No new taxes, fees, or assessments are attendant to the creation of an infrastructure finance district, although the creation of that district requires a vote by the citizens or property owners affected, or both. (g) Taxing entities within the geographical boundaries of the infrastructure finance district are neither obligated nor mandated to participate, but they may do so on a voluntary basis. However, there is a clear need to proceed as rapidly as possible toward the goal of restoring the Salton Sea to a state of ecological well-being. Accordingly, this measure is a logical and necessary step to achieve the result. SEC. 2. Section 53395.9 is added to the Government Code, to read: 53395.9. (a) The Salton Sea Authority, a joint powers authority formed by the County of Imperial, the County of Riverside, the Coachella Valley Water District, and the Imperial Irrigation District, may use the provisions of this chapter to form an infrastructure financing district for the purpose of funding the construction of, and purchasing electrical power for, projects for the reclamation and environmental restoration of the Salton Sea. To the extent of any conflict, the provisions of this section shall prevail over any other provision of law. Any district formed pursuant to this section shall be known as "The Salton Sea Infrastructure Financing District." (b) For purposes of this chapter, the Salton Sea Authority is a "city." (c) The Salton Sea Infrastructure Financing District may exist for up to 40 years from the date of its formation. (d) No public funds accruing to the Salton Sea Authority pursuant to this section shall be utilized for purposes of treating or making potable, agricultural tailwaters flowing into the Salton Sea.