BILL ANALYSIS �
AB 418
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 418 (Mullin)
As Amended
February 10, 2014
2/3 vote. Urgency
-----------------------------------------------------------------
|ASSEMBLY: | |(May 9, 2013) |SENATE: |27-8 |(February 20, |
| | | | | |2014) |
-----------------------------------------------------------------
(vote not relevant)
Original Committee Reference: JUD.
SUMMARY : Authorizes the City/County Association of Governments
of San Mateo County to impose a special tax, in compliance with
Article XIII C of the California Constitution, or to impose a
property related fee, in compliance with Article XIII D of the
California Constitution, to implement stormwater management
programs consistent with the agencies' joint powers agreement.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Authorize the City/County Association of Governments of San
Mateo County (C/CAG) to impose a special tax, in compliance
with Article XIII C of the California Constitution, or to
impose a property related fee, in compliance with Article XIII
D, to implement stormwater management programs consistent with
the agencies' joint powers agreement.
2)Allow the special tax or property related fee, at the option
of C/CAG, to be collected on the tax rolls of the county in
the same manner, by the same persons, subject to the same
penalties, and at the same time as county ad valorem property
taxes. Allow the county auditor to deduct the amount required
to reimburse the county for its actual cost of collection.
3)Contain an urgency clause.
4)Find and declare that a special statute is necessary because
of the unique circumstances applicable only to C/CAG.
5)Find and declare that this bill responds to the specific and
unique circumstances of C/CAG and that it is the intent of the
AB 418
Page 2
Legislature that this act shall not be construed to limit,
expand, or otherwise change any local agencies' authority to
exercise powers under the Joint Exercise of Powers Act.
6)Find and declare that this bill will enable C/CAG to do all of
the following:
a) Protect, in conjunction with its member agencies, the
watersheds and natural resources within C/CAG and restore
and enhance the environment, including the long-term
protection of the waters of local creeks and waterways, the
San Francisco Bay, and the coastline along the Pacific
Ocean;
b) Develop and adopt a countywide stormwater management
program designed to coordinate, fund, and implement water
pollution prevention programs within the County of San
Mateo by C/CAG or its member agencies; and,
c) Impose, consistent with the California Constitution, a
special tax or property related fee to fund activities
outlined in its joint powers agreement and consistent with
municipal stormwater permit requirements mandated by the
San Francisco Bay Regional Water Quality Control Board.
EXISTING LAW authorized, until January 1, 2013, C/CAG to impose
a fee of up to $4 on motor vehicles registered within San Mateo
County to fund a program for the management of traffic
congestion and stormwater pollution within the county.
AS PASSED BY THE ASSEMBLY , this bill required state agencies to
post a specifically described graphical Internet link
referencing the State Auditor's Web site location that contains
information on how to file a complaint pursuant to the
California Whistleblower Protection Act.
FISCAL EFFECT : None
COMMENTS : According to the author, "C/CAG is a joint powers
agency formed in 1991 to provide a forum for all local
governments in San Mateo County to work together on common
issues. C/CAG's member agencies are the County of San Mateo and
the 20 cities and towns within the county. In addition to its
primary role as the county's Congestion Management Agency, C/CAG
provides numerous other services, including managing the
AB 418
Page 3
Countywide Water Pollution Prevention Program, which supports
member agencies in complying with municipal stormwater
regulations issued by the San Francisco Bay Regional Water
Quality Control Board under its Municipal Regional Permit.
Although C/CAG is not a permittee under the permit, it does
implement compliance programs for certain requirements on behalf
of its member agencies when it is more efficient or
cost-effective to perform those services at a countywide level
(e.g. water quality monitoring).
"C/CAG and about half of its member agencies have existing
pre-Proposition 218 assessments dedicated to stormwater
pollution prevention programs. In some cases, member agencies
that currently don't have a dedicated stormwater assessment are
funding stormwater compliance activities through other sources,
including their local general funds. C/CAG has two existing
countywide stormwater assessments imposed through the San Mateo
County Flood Control District under the Board of Supervisors.
Those two assessments generate approximately $1.5 million
annually."
In 2004, AB 1546 (Simitian), Chapter 931, Statutes of 2004,
granted C/CAG the authority to impose on annual fee on motor
vehicles for programs to manage traffic congestion and
stormwater pollution. SB 348 (Simitian), Chapter 377, Statutes
of 2008, extended that authority until January 1, 2013.
According to the author, "In 2010, San Mateo County voters
approved C/CAG's Measure M, authorizing a $10 vehicle
registration fee that primarily funds congestion
management-related activities, but is also used for stormwater
pollution prevention programs by both C/CAG and its member
agencies. C/CAG's member agencies have been required to
implement increasingly expensive programs to address a variety
of ubiquitous stormwater pollutants and others that are
challenging to address, including trash, pesticides, mercury,
and polychlorinated biphenyls, existing revenues are now
insufficient to meet regulatory demands. C/CAG estimates
countywide funding deficits exceed $15 million per year for
C/CAG and its member agencies to provide compliant stormwater
programs over the next five year-term of the Municipal Regional
Permit.
"Like other coastal communities around the state, there is still
a significant unmet need within the county to generate
additional revenue to comply with stormwater mitigation and
remediation mandates. C/CAG believes it is the most appropriate
AB 418
Page 4
agency to pursue countywide funding in its role as the
Countywide Water Pollution Prevention Program administrator,
given that any decision to place a special tax or
property-related fee before voters or property owners would be
subject to approval by C/CAG's Board of Directors, which
includes an elected official from each of the 21 local agencies.
C/CAG is pursuing enabling legislation because there are no
other viable means already codified for a joint powers agency to
propose special taxes or property-related fees for stormwater
pollution prevention programs."
This bill authorizes C/CAG to impose a special tax, in
compliance with Article XIII C of the California Constitution,
or to impose a property related fee, in compliance with Article
XIII D, to implement stormwater management programs consistent
with the agencies' joint powers agreement.
The California Constitution (Proposition 218, 1996)
distinguishes among taxes, assessments and fees for property
related revenues, and requires certain actions before such
revenues may be collected. This bill requires C/CAG to comply
with the provisions of Proposition 218 which require a
two-thirds voter approval for a special tax. For a property
related fee Proposition 218 requires local officials to identify
the parcels, calculate the fee for each parcel, and conduct a
majority protest proceeding 45 days after mailing notice of a
new fee to all fee payers. Additionally, Article XIII D,
Section 6 subdivision (c) of the California Constitution,
provides, "Except for fees or charges for sewer, water, and
refuse collection services, no property related fee or charge
shall be imposed or increased unless and until that fee or
charge is submitted and approved by a majority vote of the
property owners of the property subject to the fee or charge or,
at the option of the agency, by a two-thirds vote of the
electorate residing in the affected area." Supporters argue
that this bill ensures C/CAG will have to abide by the existing
protections in the California Constitution in order to impose a
special tax or property related fee.
Support arguments: Supporters argue while ultimate approval of
any new funding stream still rests with the voters and property
owners within our jurisdictions pursuant to the Constitution,
this bill will enable a coordinated countywide approach to
funding stormwater pollution prevention programs consistent with
the consolidated regional regulations issued by the San
AB 418
Page 5
Francisco Bay Regional Water Quality Control Board.
Opposition arguments: Opposition argues that this bill is
unnecessary because San Mateo County, its cities, and some of
its special districts already have authority to fund stormwater
programs using existing revenue tools.
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. The
subject matter of this bill, as amended in the Senate, has not
been heard in any Assembly policy committee this legislative
session.
Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958
FN:
0003042