California Assembly Bill AB2103 Amended / Bill

 BILL NUMBER: AB 2103AMENDED BILL TEXT AMENDED IN SENATE JUNE 2, 2010 AMENDED IN ASSEMBLY APRIL 22, 2010 AMENDED IN ASSEMBLY APRIL 19, 2010 INTRODUCED BY Assembly Member Hill FEBRUARY 18, 2010 An act to  amend Section 66704 of, and to  add Section 66704.05 to  ,  the Government Code, relating to the San Francisco Bay Restoration Authority. LEGISLATIVE COUNSEL'S DIGEST AB 2103, as amended, Hill. San Francisco Bay Restoration Authority. Existing law authorizes the San Francisco Bay Restoration Authority to levy a benefit assessment, special tax, or property-related fee consistent with Articles XIII C and XIII D of the California Constitution, as specified. This bill would require  (1)  the board of supervisors of each affected county, when the authority proposes a  regional  measure to levy a benefit assessment, special tax, or property-related fee for submission to the voters, to call a special election on the regional measure and place the regional measure on the ballot of the next regularly scheduled election,  (2)   and would require  the county clerk of each county to report the results of the special election to the authority  , and (3) the authority to adopt and implement the regional measure if cumulatively, throughout the authority's jurisdictional boundaries, the regional measure receives the constitutionally required affirmative votes  . Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 66704 of the   Government Code   is amended to read:  66704. The authority has, and may exercise, all powers, expressed or implied, that are necessary to carry out the intent and purposes of this title, including, but not limited to, the power to do all of the following: (a) (1) Levy a benefit assessment, special tax  levied pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5  , or property-related fee consistent with the requirements of Articles XIII C and XIII D of the California Constitution, including, but not limited to, a benefit assessment levied pursuant to paragraph (2), except that a benefit assessment, special tax, or property-related fee shall not be levied pursuant to this subdivision after December 31, 2028. (2) The authority may levy a benefit assessment pursuant to any of the following: (A) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code). (B) The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code). (C) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code). (D) The Landscaping and Lighting Assessment Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code), notwithstanding Section 22501 of the Streets and Highways Code. (E) Any other statutory authorization. (b) Apply for and receive grants from federal and state agencies. (c) Solicit and accept gifts, fees, grants, and allocations from public and private entities. (d) Issue revenue bonds for any of the purposes authorized by this title pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5). (e) Incur bond indebtedness, subject to the following requirements: (1) The principal and interest of any bond indebtedness incurred pursuant to this subdivision shall be paid and discharged prior to January 1, 2029. (2) For purposes of incurring bond indebtedness pursuant to this subdivision, the authority shall comply with the requirements of Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code except where those requirements are in conflict with this provision. For purposes of this subdivision, all references in Article 11 (commencing with Section 5790) of Chapter 4 of Division 5 of the Public Resources Code to a board of directors shall mean the board and all references to a district shall mean the authority. (3) The total amount of indebtedness incurred pursuant to this subdivision outstanding at any one time shall not exceed 10 percent of the authority's total revenues in the preceding fiscal year. (f) Receive and manage a dedicated revenue source. (g) Deposit or invest moneys of the authority in banks or financial institutions in the state in accordance with state law. (h) Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (i) Engage counsel and other professional services. (j) Enter into and perform all necessary contracts. (k) Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1). (  l  ) Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties. (m) Use interim or temporary staff provided by appropriate state agencies or the Association of Bay Area Governments. A person who performs duties as interim or temporary staff shall not be considered an employee of the authority.  SECTION 1.   SEC. 2.  Section 66704.05 is added to the Government Code, to read: 66704.05. (a)  Notwithstanding any other provision of law, when   When  the authority proposes  any regional measure   to levy a special tax  pursuant to subdivision (a) of Section 66704  for submission to the voters of one or more counties within the San Francisco Bay area, including, but not limited to, the City and County of San Francisco, the board of supervisors of each of those counties   ,   the board of supervisors of the county or   counties in which the special tax is proposed to be levied  shall call a special election on the  regional  measure. The special election shall be consolidated with the next regularly scheduled statewide election and the  regional  measure shall be submitted to the voters in the appropriate counties, consistent with the requirements of Article XIII C or XIII D of the California Constitution, as applicable. (b) Each county included in the measure shall  utilize   use  the ballot question, title and summary, and ballot language provided in the resolution of the authority. (c) The county clerk of each county shall report the results of the special election to the authority.  (d) If cumulatively, throughout the authority's jurisdictional boundaries, the regional measure receives the required affirmative votes as prescribed by Article XIII C or XIII D of the California Constitution, as applicable, the authority shall adopt and implement the regional measure.