BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2194|
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THIRD READING
Bill No: AB 2194
Author: Mullin (D)
Amended: 6/18/14 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 5-2, 6/11/14
AYES: Wolk, Beall, DeSaulnier, Hernandez, Liu
NOES: Knight, Walters
ASSEMBLY FLOOR : 75-1, 5/15/14 - See last page for vote
SUBJECT : Mello-Roos Community Facilities Act of 1982
SOURCE : Author
DIGEST : This bill adds to the list of services that a
Mello-Roos Community Facilities Districts (CFD) can finance,
storm water management services, including, but not limited to,
compliance with state and federal storm water permit
requirements, and restricts the services to publicly-owned
property.
ANALYSIS : The Mello-Roos Community Facilities Act (Mello-Roos
Act) allows counties, cities, special districts, and school
districts to levy special taxes (parcel taxes) to finance a wide
variety of public works, including parks, recreation centers,
schools, libraries, child care facilities, and utility
infrastructure. A Mello-Roos CFD issues bonds against these
special taxes to finance the public works projects. Like all
special taxes, Mello-Roos Act special taxes require
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two-thirds-voter approval. If there are fewer than 12
registered voters, the affected landowners vote.
In addition to financing public or governmental capital
facilities, Mello-Roos Act special taxes can fund a limited list
of public services: police services, fire protection,
recreation programs, library services, museum operations, park
maintenance, flood and storm protection, hazardous waste
cleanup, street and road maintenance, lighting of parks,
parkways, streets, roads, and open space, plowing and removal of
snow, and graffiti management and removal.
The federal Clean Water Act requires states to reduce pollution
from urban storm water runoff. In California, the State Water
Resources Control Board (SWRCB) and the Regional Water Quality
Control Boards (RWQCBs) are pushing counties, cities, and
special districts to reduce urban runoff and storm water
discharges. RWQCBs issue National Pollutant Discharge
Elimination System General Permits for medium and large
municipalities that require public education and outreach,
illicit discharge detection and elimination, construction and
post-construction, and good housekeeping for municipal
operations. Compliance with permits sometimes requires
comprehensive solutions to urban runoff including low impact
development, catchments, water treatment, and other costly
activities. In 2013, SWRCB also adopted permits for smaller
municipalities, including military bases, public campuses,
prisons and hospital complexes. Local governments continue to
struggle to comply with permit requirements and want to be able
to use Mello-Roos taxes to help finance storm water management.
This bill adds to the list of services that a CFD can finance,
storm water management services, including, but not limited to,
compliance with state and federal storm water permit
requirements, and restricts the services to publicly-owned
property.
Comments
Numerous local governments throughout California are facing
increasingly high costs associated with compliance with federal
and state storm water permit requirements. To comply with storm
water permits, cities need to fund projects that may cost
millions and even billions of dollars over the next ten years.
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This bill establishes an additional funding mechanism to help
local governments comply with storm water permit requirements.
Related Legislation
Several bills address the issue of financing storm water
management this legislative session:
AB 2403 (Rendon of 2014) expands the definition of "water" in
the Proposition 218 Implementation Act to add storm water.
AB 418 (Mullin of 2014) authorizes the City/County Association
of Government of San Mateo County to impose a special tax or
property-related fee to fund stormwater management programs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/18/14)
California Building Industry Association
California Special Districts Association
City/County Association of Governments of San Mateo County
ASSEMBLY FLOOR : 75-1, 5/15/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, John A. P�rez, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NOES: Fox
NO VOTE RECORDED: Donnelly, Harkey, Mansoor, Vacancy
AB:d 6/18/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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