AB 418, as amended, Mullin. Local government: special tax, assessment, or property-related fee.
Existing law, until January 1, 2013, authorized the City/County Association of Governments of San Mateo County to impose a fee of up to $4 on motor vehicles registered within San Mateo County for a program for the management of traffic congestion and stormwater pollution within that county.
This bill would authorize the City/County Association of Governments of San Mateo County, in accordance with specified provisions of the California Constitution, to impose a parcel tax or a property-related fee for the purpose of implementing stormwater management programs, as prescribed.
begin insertThis bill would make legislative findings and declarations as to the necessary of a special statute.
end insertThis bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) The County of San Mateo and each of the 20 incorporated
4cities within this county have joined together to form the
521-member City/County Association of Governments of San Mateo
6County, a joint powers agency that addresses issues of countywide
7significance, including water pollution prevention programs.
8(b) Each of the 21-member agencies of the City/County
9Association of Governments of San Mateo County is mandated to
10comply with municipal stormwater permit requirements issued by
11the
San Francisco Bay Regional Water Quality Control Board.
12(c) The City/County Association of Governments of San Mateo
13County helps coordinate municipal stormwater permit compliance
14activities among its member agencies and, in cases where
15compliance activities are more effectively implemented at a
16countywide level, does so on their behalf as directed by its member
17agencies.
18(d) The addition of Section 65089.50 to the Government Code
19will better enable the City/County Association of Governments of
20San Mateo County to do, among other things, all of the following:
21(1) In conjunction with its member agencies, protect the
22begin insert
watersheds andend insert natural resources within the County of San Mateo
23and restore and enhance the environment, including the long-term
24protection of the waters of local creeks, the San Francisco Bay,
25and the coastline along the Pacific Ocean.
26(2) Develop and adopt a countywide stormwater management
27program designed to coordinate, fund, and implement water
28pollution prevention programs within the County of San Mateo,
P3 1by the City/County Association of Governments of San Mateo
2County or its member agencies.
3(3) Impose, consistent with and pursuant to the California
4Constitution, a special tax or property-related fee within its
5boundaries to fund activities outlined in its joint powers agreement
6and
consistent with municipal stormwater permit requirements
7mandated by the San Francisco Bay Regional Water Quality
8Control Board.
9(e) The provisions of this act respond to the specific and unique
10circumstances of the City/County Association of Governments of
11San Mateo County by affirming the association’s authority to
12impose, consistent with and pursuant to the California Constitution,
13a special tax or property-related fee within its boundaries to fund
14activities outlined in its joint powers agreement. It is the intent of
15the Legislature that this act shall not be construed to limit, expand,
16or otherwise change any local agency’s authority to exercise power
17under the Joint Exercise of Powers Act.
The heading of Article 1 (commencing with Section
1965089.11) is added to Chapter 2.65 of Division 1 of Title 7 of the 20Government Code, to read:
21
Article 2 (commencing with Section 65089.50) is
25added to Chapter 2.65 of Division 1 of Title 7 of the Government
26Code, to read:
27
(a) The City/County Association of Governments
31of San Mateo County may impose either a special tax subject to
32the procedures and requirements set forth in subdivision (d) of
33Section 2 of Article XIII C of the California Constitution, or a
34property-related fee subject to the procedures and requirements
35set forth in subdivisions (a), (b), and (c) of Section 6 of Article
36XIII D of the California Constitution, for the purposes of
37implementing stormwater management programs consistent with
38the agencies’ joint powers agreement.
39(b) The special tax or property-related fee, at the option of
the
40City/County Association of Governments of San Mateo County,
P4 1may be collected on the tax rolls of the county in the same manner,
2by the same persons, subject to the same penalties, and at the same
3time as, together with and not separate from, county ad valorem
4property taxes. In that event, from the amount collected pursuant
5to this paragraph, the county auditor may deduct that amount
6required to reimburse the county for its actual cost of collection.
The Legislature finds and declares that, because of the
8unique circumstances applicable only to the City/County
9Association of Governments of San Mateo County an existing
10joint powers agency composed of the county and every city and
11town within the county that coordinates and provides stormwater
12permit compliance activities, a statute of general application cannot
13be enacted within the meaning of subdivision (b) of Section 16 of
14Article IV of the California Constitution. Therefore, this special
15statute is necessary.
This act is an urgency statute necessary for the
17immediate preservation of the public peace, health, or safety within
18the meaning of Article IV of the Constitution and shall go into
19immediate effect. The facts constituting the necessity are:
20In order to timely provide for the protection the water of local
21creeks, the San Francisco Bay, and the coastline for the use and
22enjoyment of the citizens of San Mateo and aquatic life, it is
23necessary that this act take effect immediately.
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