Article 1 - General Provisions

California Government Code — §§ 66704-66704.3

Sections (4)

Amended by Stats. 2015, Ch. 226, Sec. 2. (AB 746) Effective January 1, 2016. Repealed as of January 1, 2049, pursuant to Section 66706.

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 A, 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, 2048.

(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 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 general obligation bonded indebtedness for the acquisition or

improvement of real property or for funding or refunding of any outstanding indebtedness, subject to the following requirements:

(1)The principal and interest of any general obligation bonded indebtedness incurred pursuant to this subdivision shall be paid and discharged prior to January 1, 2049.
(2)For purposes of incurring general obligation bonded 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. 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)Notwithstanding any other law, the total amount of outstanding bonded indebtedness the authority may incur pursuant to this subdivision and subdivision (d) shall not exceed one billion five hundred million dollars ($1,500,000,000).
(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.

Amended by Stats. 2015, Ch. 226, Sec. 3. (AB 746) Effective January 1, 2016. Subdivision (h) inoperative January 1, 2019, pursuant to its own provisions. Repealed as of January 1, 2049, pursuant to Section 66706.

(a)If the authority proposes a measure pursuant to subdivision (a) or (e) of Section 66704 that will generate revenues, the board of supervisors of the county or counties in which the measure is proposed shall call a special election on the measure. The special election shall be consolidated with the next regularly scheduled statewide election and the measure shall be submitted to the voters in the appropriate counties, consistent with the requirements of Articles XIII A, XIII C, and XIII D of the California Constitution, as applicable.
(b)(1) The authority is a district, as defined in Section 317 of

the Elections Code. Except as otherwise provided in this section, a measure proposed by the authority that requires voter approval shall be submitted to the voters of the authority in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.

(2)Because the authority has no revenues as of the effective date of this paragraph, the appropriations limit for the authority shall be originally established based on receipts from the initial measure that would generate revenues for the authority pursuant to subdivision (a), and that establishment of an appropriations limit shall not be deemed a change in an appropriations limit for purposes of Section 4 of Article XIII B of the

California Constitution.

(c)The authority shall file with the board of supervisors of each county in which the measure shall appear on the ballot a resolution of the authority requesting consolidation, and setting forth the exact form of the ballot question, in accordance with Section 10403 of the Elections Code.
(d)The legal counsel for the authority shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the authority shall be subject to review and revision by the county counsel of the county that contains the largest population, as determined by the most recent federal decennial census, among those counties in which the measure will be submitted to the voters.
(e)Each county included in the measure shall use the exact ballot question, impartial analysis, and ballot language provided by the authority. If two or more counties included in the measure are required to prepare a translation of ballot materials into the same language other than English, the county that contains the largest population, as determined by the most recent federal decennial census, among those counties that are required to prepare a translation of ballot materials into the same language other than English shall prepare the translation and that translation shall be used by the other county or counties, as applicable.
(f)Notwithstanding Section 13116 of the Elections Code, if a measure proposed by the authority pursuant to this article is submitted to the voters of the authority in two or more counties, the

elections officials of those counties shall mutually agree to use the same letter designation for the measure.

(g)The county clerk of each county shall report the results of the special election to the authority.
(h)(1) Notwithstanding Section 10520 of the Elections Code, for the first election at which the authority proposes a measure pursuant to subdivision (a) or (e) of Section 66704 that would generate revenues, the authority shall reimburse each county in which that measure appears on the ballot only for the incremental costs incurred by the county elections official related to submitting the measure to the voters.
(2)For purposes of this subdivision, “incremental costs” include all of the

following:

(A)The cost to prepare, review, and revise the impartial analysis of the measure that is required by subdivision (d).
(B)The cost to prepare a translation of ballot materials into a language other than English by any county, as described in subdivision (e).
(C)The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in each county in which the measure appears on the ballot, including both of the following:
(i)The printing and mailing of ballot materials.

(ii) The canvass of the vote regarding the measure pursuant

to Division 15 of the Elections Code.

(3)This subdivision is repealed on January 1, 2019.

Added by Stats. 2008, Ch. 690, Sec. 1. Effective January 1, 2009. Repealed as of January 1, 2049, pursuant to Section 66706.

The authority shall not acquire or own real property.

Amended by Stats. 2021, Ch. 615, Sec. 218. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615. Repealed as of January 1, 2049, pursuant to Section 66706.

All records prepared, owned, used, or retained by the authority are public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).