BILL ANALYSIS
AB 2103
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Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 2103 (Hill) - As Amended: April 22, 2010
SUBJECT : San Francisco Bay Restoration Authority.
SUMMARY : Prescribes the method of how the San Francisco Bay
Restoration Authority (Authority) places a regional funding
measure before the voters of the Authority. Specifically, this
bill :
1)Requires, when the Authority proposes any regional measure,
the board of supervisors of each county within the boundaries
of the Authority to call a special election on the regional
measure.
2)Requires the special election to be consolidated with the next
regularly scheduled statewide election.
3)Requires the regional measure to 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.
4)Requires that each county included in the measure shall
utilize the ballot question, title and summary, and ballot
language provided in the resolution of the authority.
5)Requires the county clerk of each county to report the results
of the special election to the Authority.
6)Provides that if cumulatively, throughout the Authority's
jurisdictional boundaries, the regional measure receives the
required affirmative votes as prescribed by Article XIII C or
XIII D of the California Constitution, as applicable, the
authority shall adopt and implement the regional measure.
EXISTING LAW :
1)Establishes the Authority as an entity of regional government
to raise and allocate resources for the restoration,
enhancement, protection, and enjoyment of wetlands and
wildlife habitat in San Francisco Bay and along its shoreline.
AB 2103
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2)Establishes the jurisdiction of the Authority to include all
areas within the San Francisco Bay Area Conservancy Program,
which includes the Counties of Alameda, Contra Costa, Marin,
Napa, San Francisco, San Mateo, Santa Clara, Solano, and
Sonoma.
3)States that the Authority's purpose is to raise and allocate
resources for the restoration, enhancement, protection, and
enjoyment of wetlands and wildlife habitats in the San
Francisco Bay and along its shoreline.
4)Authorizes the Authority to levy a benefit assessment, special
tax or property related fee consistent with the requirements
of Proposition 218.
FISCAL EFFECT : None
COMMENTS :
1)The San Francisco Bay Restoration Authority is a new regional
government agency charged with raising and allocating
resources for the restoration, enhancement, protection, and
enjoyment of wetlands and wildlife habitat in the San
Francisco Bay and along its shoreline [AB 2954 (Lieber),
Chapter 690, Statutes of 2008].
2)The Authority's mission is to formulate a strategy for raising
local revenues to help restore 36,000 acres of publicly owned
Bay shoreline into tidal wetlands. The estimated cost of such
an endeavor is about $1.43 billion over 50 years. There is
some federal and state funding available for these projects,
but it is only a fraction of the need. The Authority is
responsible for raising additional revenue to narrow the
funding gap and help leverage further federal and state
funding.
3)According to the author's office, AB 2103 is consistent with
the Legislature's intent that voting on region-wide funding
mechanisms shall be decided by tabulating the votes of the
whole region (all 9 counties) collectively. AB 2103 simply
clarifies this intent by adding statutory language that would
eliminate any remaining uncertainty and legal risk for the
Authority.
AB 2103
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4)Support Arguments : Supporters argue that this measure further
clarifies the Legislature's intent to create a regional
funding source for the Authority and ensures that a clear
process is established for each county to follow.
Opposition Arguments : Opposition could argue that it should
be left up to each individual county to decide if they should
be assessed instead of having it decided collectively by the
nine counties.
REGISTERED SUPPORT / OPPOSITION :
Support
Save the Bay
The Trust for Public Land
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958