BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Dave Cox, Chair
BILL NO: AB 2103 HEARING: 6/9/10
AUTHOR: Hill FISCAL: No
VERSION: 6/2/10 CONSULTANT:
Weinberger
SAN FRANCISCO BAY RESTORATION AUTHORITY
Background and Existing Law
Proposition 218 (1996) established that a tax levied by a
special-purpose authority is a special tax requiring 2/3
voter approval. State law authorizes the legislative body
of any district to levy a special tax with 2/3 voter
approval (AB 2345, Chappie, 1980).
The San Francisco Bay Restoration Authority (SFBRA) is a
regional entity with jurisdiction extending throughout the
nine-county San Francisco Bay Area (AB 2954, Lieber, 2008).
SFBRA'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. SFBRA can levy a special tax
consistent with the provisions of Proposition 218.
SFBRA officials want to specify procedures for conducting a
special election on a special tax proposed by the Authority
and clarify their existing statutory authority to levy
special taxes.
Proposed Law
Assembly Bill 2103 requires the board of supervisors of the
county or counties in which the San Francisco Bay
Restoration Authority proposes to levy a special tax to
call a special election on the measure. AB 2103 requires
the special election to be consolidated with the next
regularly scheduled statewide election and requires that
the measure be submitted to the voters in the appropriate
counties, consistent with specified constitutional
requirements.
AB 2103 requires each county included in the measure to use
the ballot question, title, and summary, and ballot
AB 2103 -- 6/2/10 -- Page 2
language provided in the resolution of the Authority. The
bill requires the county clerk of each county to report the
results of the special election to the Authority.
AB 2103 inserts, into the statute authorizing the San
Francisco Bay Restoration Authority to levy a special tax,
a cross-reference to the statute that generally authorizes
special districts to levy special taxes.
Comment
Clarity . The SFBRA is responsible for helping to restore
36,000 acres of San Francisco Bay shoreline into tidal
wetlands, an endeavor that may cost more than $1.4 billion
over 50 years. To cover some of these costs, and leverage
additional state and federal funding, SFBRA officials
anticipate the need to seek 2/3 voter approval for special
taxes, as authorized by current law. SB 2103 adds language
to SFBRA's authorizing statute clarifying some of the rules
that would apply to an election on a special tax proposed
by the Authority.
Assembly Actions
Assembly Local Government Committee: 9-0
Assembly Floor: 74-0
Support and Opposition (6/3/10)
Support : Association of Bay Area Governments, Save the
Bay, Trust for Public Land.
Opposition : Unknown.