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AB-418 Local government: special tax, assessment, or property-related fee.(2013-2014)

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Amended  IN  Senate  February 10, 2014
Amended  IN  Senate  January 27, 2014
Amended  IN  Senate  January 06, 2014
Amended  IN  Senate  September 05, 2013
Amended  IN  Senate  August 12, 2013
Amended  IN  Assembly  April 15, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 418


Introduced by Assembly Member Mullin
(Coauthor: Senator Hill)

February 15, 2013


An act to add the heading of Article 1 (commencing with Section 65089.11) to Chapter 2.65 of, and to add Article 2 (commencing with Section 65089.50) to Chapter 2.65 of, Division 1 of Title 7 of, the Government Code, relating to local government, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


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 the necessary necessity 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   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The County of San Mateo and each of the 20 incorporated cities within this county have joined together to form the 21-member City/County Association of Governments of San Mateo County, a joint powers agency that addresses issues of countywide significance, including water pollution prevention programs.
(b) Each of the 21-member agencies of the City/County Association of Governments of San Mateo County is mandated to comply with municipal stormwater permit requirements issued by the San Francisco Bay Regional Water Quality Control Board.
(c) The City/County Association of Governments of San Mateo County helps coordinate municipal stormwater permit compliance activities among its member agencies and, in cases where compliance activities are more effectively implemented at a countywide level, does so on their behalf as directed by its member agencies.
(d) The addition of Section 65089.50 to the Government Code will better enable the City/County Association of Governments of San Mateo County to do, among other things, all of the following:
(1) In conjunction with its member agencies, protect the watersheds and natural resources within the County of San Mateo 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.
(2) 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 the City/County Association of Governments of San Mateo County or its member agencies.
(3) Impose, consistent with and pursuant to the California Constitution, a special tax or property-related fee within its boundaries 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.
(e) The provisions of this act respond to the specific and unique circumstances of the City/County Association of Governments of San Mateo County by affirming the association’s authority to impose, consistent with and pursuant to the California Constitution, a special tax or property-related fee within its boundaries to fund activities outlined in its joint powers agreement. It is the intent of the Legislature that this act shall not be construed to limit, expand, or otherwise change any local agency’s authority to exercise power under the Joint Exercise of Powers Act.

SEC. 2.

 The heading of Article 1 (commencing with Section 65089.11) is added to Chapter 2.65 of Division 1 of Title 7 of the Government Code, to read:
Article  1. Traffic Congestion and Stormwater Pollution

SEC. 3.

 Article 2 (commencing with Section 65089.50) is added to Chapter 2.65 of Division 1 of Title 7 of the Government Code, to read:
Article  2. Stormwater Management

65089.50.
 (a) The City/County Association of Governments of San Mateo County may impose either a special tax subject to the procedures and requirements set forth in subdivision (d) of Section 2 of Article XIII C of the California Constitution, or a property-related fee subject to the procedures and requirements set forth in subdivisions (a), (b), and (c) of Section 6 of Article XIII   D of the California Constitution, for the purposes of implementing stormwater management programs consistent with the agencies’ joint powers agreement.
(b) The special tax or property-related fee, at the option of the City/County Association of Governments of San Mateo County, may 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, together with and not separate from, county ad valorem property taxes. In that event, from the amount collected pursuant to this paragraph, the county auditor may deduct that amount required to reimburse the county for its actual cost of collection.

SEC. 4.

 The Legislature finds and declares that, because of the unique circumstances applicable only to the City/County Association of Governments of San Mateo County an existing joint powers agency composed of the county and every city and town within the county that coordinates and provides stormwater permit compliance activities, a statute of general application cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution. Therefore, this special statute is necessary.

SEC. 5.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to timely provide for the protection the water of local creeks, the San Francisco Bay, and the coastline for the use and enjoyment of the citizens of San Mateo and aquatic life, it is necessary that this act take effect immediately.