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.
This bill would make legislative findings and declarations as to thebegin delete necessaryend deletebegin insert
necessityend insert of a special statute.
This 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
22
watersheds and natural resources within the County of San Mateo
23and restore and enhance the environment, including the long-term
24protection of the waters of local creeksbegin insert and waterwaysend insert, the San
25Francisco Bay, and the coastline along the Pacific Ocean.
P3 1(2) Develop and adopt a countywide stormwater management
2program designed to coordinate, fund, and implement water
3pollution prevention programs within the County of San Mateo,
4by the City/County Association of Governments of San Mateo
5County or its member agencies.
6(3) Impose, consistent with and pursuant to the California
7Constitution, a special tax or property-related fee within its
8boundaries
to fund activities outlined in its joint powers agreement
9and consistent with municipal stormwater permit requirements
10mandated by the San Francisco Bay Regional Water Quality
11Control Board.
12(e) The provisions of this act respond to the specific and unique
13circumstances of the City/County Association of Governments of
14San Mateo County by affirming the association’s authority to
15impose, consistent with and pursuant to the California Constitution,
16a special tax or property-related fee within its boundaries to fund
17activities outlined in its joint powers agreement. It is the intent of
18the Legislature that this act shall not be construed to limit, expand,
19or otherwise change any local agency’s authority to exercise power
20under the Joint Exercise of Powers Act.
The heading of Article 1 (commencing with Section
2265089.11) is added to Chapter 2.65 of Division 1 of Title 7 of the 23Government Code, to read:
24
Article 2 (commencing with Section 65089.50) is
28added to Chapter 2.65 of Division 1 of Title 7 of the Government
29Code, to read:
30
(a) The City/County Association of Governments
34of San Mateo County may impose either a special tax subject to
35the procedures and requirements set forth in subdivision (d) of
36Section 2 of Article XIII C of the California Constitution, or a
37property-related fee subject to the procedures and requirements
38set forth in subdivisions (a), (b), and (c) of Section 6 of Article
39XIII D of the California Constitution, for the purposes of
P4 1implementing stormwater management programs consistent with
2the agencies’ joint powers agreement.
3(b) The special tax or property-related fee, at the
option of the
4City/County Association of Governments of San Mateo County,
5may be collected on the tax rolls of the county in the same manner,
6by the same persons, subject to the same penalties, and at the same
7time as, together with and not separate from, county ad valorem
8property taxes. In that event, from the amount collected pursuant
9to this paragraph, the county auditor may deduct that amount
10required to reimburse the county for its actual cost of collection.
The Legislature finds and declares that, because of the
12unique circumstances applicable only to the City/County
13Association of Governments of San Mateo County an existing
14joint powers agency composed of the county and every city and
15town within the county that coordinates and provides stormwater
16permit compliance activities, a statute of general application cannot
17be enacted within the meaning of subdivision (b) of Section 16 of
18Article IV of the California Constitution. Therefore, this special
19statute is necessary.
This act is an urgency statute necessary for the
21immediate preservation of the public peace, health, or safety within
22the meaning of Article IV of the Constitution and shall go into
23immediate effect. The facts constituting the necessity are:
24In order to timely provide for the protection the water of local
25creeks, the San Francisco Bay, and the coastline for the use and
26enjoyment of the citizens of San Mateo and aquatic life, it is
27necessary that this act take effect immediately.
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