BILL ANALYSIS
AB 277
Page 1
ASSEMBLY THIRD READING
AB 277 (Ammiano)
As Amended May 11, 2009
Majority vote
LOCAL GOVERNMENT 5-2
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|Ayes:|Caballero, Arambula, | | |
| |Davis, Krekorian, Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Duvall | | |
| | | | |
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SUMMARY : Provides that the San Francisco County Transportation
Authority (SFCTA) shall consist of the members who are elected
officials as specified in the county transportation expenditure
plan. Deletes the option of specifying SFCTA membership in the
retail transactions and use tax ordinance.
EXISTING LAW :
1)Specifies that SFCTA shall consist of the members who are
elected officials as specified in the county transportation
expenditure plan or in the retail transactions and use tax
ordinance, and shall be appointed by each constituent local
government within 45 days after the authority is created.
2)Authorizes, under the Bay Area County Traffic and
Transportation Funding Act, each
of the nine counties in the San Francisco Bay Area to impose a
one-half or one percent sales tax for transportation purposes,
subject to voter approval.
3)Provides for the establishment of a county transportation
authority in each Bay Area county imposing a sales tax for
transportation purposes.
4)Requires the development of a county transportation
expenditure plan in each Bay Area county imposing a sales tax
for transportation purposes.
AB 277
Page 2
FISCAL EFFECT : Unknown
COMMENTS : The membership of SFCTA is specified in the Public
Utilities Code. Existing law requires that the membership of
SFCTA be specified either in the county transportation
expenditure plan or in the retail transactions and use tax
ordinance. This bill deletes the option for the membership to
be specified in the retail transactions and use tax ordinance.
SFCTA notes that their governing board "consists of the eleven
members of the San Francisco Board of Supervisors, sitting as
commissioners of the Authority. The Authority Board is not a
City Commission. The Authority is a separate legal entity from
the City and County of San Francisco, created under state law.
The Authority Board has three standing committees and one
special-purpose select committee. The Board members elect a
chairperson every January. The Chairperson appoints the members
and chairpersons of the committees and serves as ex-officio
member of the committees."
In 2003, voters in the City and County of San Francisco approved
Proposition K, a measure pertaining to the local transportation
sales tax. Proposition K: 1) authorized implementation of a
new expenditure plan for allocating transportation sales tax
revenues over the next
30 years; 2) extended the duration of the existing one-half
percent sales tax through that time period; 3) continued the
existence of SFCTA as the administering agency of the tax and as
the project oversight agency; 4) authorized the issuance of
bonds against the projected revenues; 5) prohibited using the
sales tax revenues as a substitute for property tax revenues for
existing programs; and, 6) made related financial and technical
changes.
Included in Proposition K was authorization to spend the sales
tax funds outside the county, provided that there is a
quantifiable benefit to San Francisco and that the proposed
expense
is matched by funding from the other county where the
expenditure is proposed to be made. Current law at that time,
however, only authorized San Mateo County to make an
out-of-county expenditure. San Francisco and the other Bay Area
counties did not have this authority in statute.
AB 277
Page 3
SB 987 (Migden), Chapter 83, Statutes of 2005, supported by
SFCTA, made several changes to SFCTA's "enabling statutes" to
clarify and align state law with Proposition K. SB 987 also
included an alternative means of designating membership on the
SFCTA board, through designation in the retail transactions and
use tax ordinance.
According to SFCTA, the sponsor of this bill, in 2008 the SFCTA
board developed a slate of measures intended for the November
ballot. A separate slate of measures was developed to oppose
changes to city ordinances, and one of those measures,
Proposition P, would have radically changed the composition of
the SFCTA Board by using the alternative approach set forward by
SB 987 - through designation of the new board membership in the
retail transactions and use tax ordinance.
Proposition P would have changed SFCTA's board membership to
include the mayor, the President of the Board of Supervisors,
the Treasurer, one elected city official selected by
the mayor, and one elected city official selected by the
President of the Board of Supervisors. The Mayor of San
Francisco was listed in the ballot pamphlet as a proponent of
Proposition P, and all 11 supervisors were listed as opponents.
The state legislators representing San Francisco were also
listed in opposition.
The author and sponsor note that Proposition P failed 67% to
32%, "reaffirming voters' position that the existing Board
structure that has been in place since the 1980s is the
preferred composition."
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0000617