BILL NUMBER: SB 148 CHAPTERED 09/10/01 CHAPTER 271 FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2001 APPROVED BY GOVERNOR SEPTEMBER 8, 2001 PASSED THE SENATE AUGUST 23, 2001 PASSED THE ASSEMBLY JULY 19, 2001 AMENDED IN ASSEMBLY JUNE 27, 2001 INTRODUCED BY Senator Oller JANUARY 30, 2001 An act to add Section 14672.98 to the Government Code, relating to state property. LEGISLATIVE COUNSEL'S DIGEST SB 148, Oller. Preston Castle: lease and transfer of ownership. Existing law authorizes the Director of General Services, with the consent of the state agency concerned, to let for a period not to exceed 5 years, any real or personal property that belongs to the state, if the director deems the letting to be in the best interest of the state. This bill would direct the director to lease upon terms and conditions deemed in the best interest of the state, any or all of the Preston Castle portion of the Ione Youth Facility as agreed to and designated by the Department of the Youth Authority. The bill would require the Preston Castle portion of the Ione Youth Facility to be let in its "as is" condition and to be let for a term not to exceed 55 years for consideration of $1 per year to the Preston Castle Foundation for specified uses. The bill would permit the director under specified conditions to transfer ownership and control of the Preston Castle at any time during the lease to the foundation at no cost. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 14672.98 is added to the Government Code, to read: 14672.98. (a) The Department of General Services shall lease upon terms and conditions deemed in the best interest of the state, any or all of the Preston Castle portion of the Ione Youth Facility as agreed to and designated by the Department of the Youth Authority. (b) The property shall be let for a term not to exceed 55 years and for the consideration of one dollar ($1) per year. The property shall be let to the Preston Castle Foundation, a nonprofit public benefit corporation, for uses that include, but are not limited to, museums, art gallery, courtroom, city hall, hostel, adult college classrooms and dormitory, culinary school, senior center, and related retail that shall be consistent with the lease agreement. (c) The Preston Castle portion of the Ione Youth Facility shall be leased in its "as is" condition and the state shall have no liability for repairs, rehabilitation, or other improvements. The lease shall provide that the lessee shall undertake and accomplish significant repairs, rehabilitation, or other improvements not later than 15 years from the effective date of the lease. (d) At any time during the lease, at the request of the Preston Castle Foundation, the Director of General Services may determine that the Preston Castle Foundation has successfully rehabilitated the property for the uses specified in subdivision (b) and that those uses are hereby determined to benefit the general public. Upon making that determination, the Director of General Services shall transfer ownership and control of Preston Castle, with the consent of the Director of the Department of the Youth Authority, to the Preston Castle Foundation at no cost, other than the costs incurred for the real estate transfer. These terms and conditions of the transfer will be deemed to be in the best interest of the state. (e) However, should the Preston Castle no longer be used for the purposes specified in subdivision (b), a reversion of title to the state may take effect. This reversion clause shall remain in effect for as long as the state operates a youth correctional facility on the adjacent land. (f) The lease and transfer described in this section are exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Work performed by the Preston Castle Foundation on the property that is the subject of this section shall not be considered public works.