BILL NUMBER: AB 2875 CHAPTERED 09/18/02 CHAPTER 692 FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2002 APPROVED BY GOVERNOR SEPTEMBER 18, 2002 PASSED THE ASSEMBLY AUGUST 31, 2002 PASSED THE SENATE AUGUST 30, 2002 AMENDED IN SENATE AUGUST 26, 2002 AMENDED IN SENATE AUGUST 12, 2002 AMENDED IN SENATE JUNE 12, 2002 INTRODUCED BY Assembly Member Vargas (Principal coauthor: Assembly Member Wiggins) FEBRUARY 25, 2002 An act to amend Section 7110 of, and to add Section 7110.5 to, the Government Code, relating to military bases. LEGISLATIVE COUNSEL'S DIGEST AB 2875, Vargas. Military bases: recovery: retention. The existing Local Agency Military Base Recovery Area Act authorizes local agencies to propose to the Technology, Trade, and Commerce Agency specific geographic areas to receive regulatory, tax, and other governmental program incentives to offset federal military base closures by being designated local agency military base recovery areas. Under existing law, a designation as a local agency military base recovery area is binding for a period of 8 years. This bill instead would specify that the designation would be for an 8-year period that shall expire 8 years after the Technology, Trade, and Commerce Agency has determined that the later of specified conditions has been met. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7110 of the Government Code is amended to read: 7110. (a) The governing body may, either by ordinance or resolution, propose an eligible area within its respective jurisdiction as the geographic area for a local agency military base recovery area. A county may propose an area within the unincorporated area as the geographic area for a local agency military base recovery area, but shall not propose an area within an incorporated area. A city may propose an area within the incorporated area as the geographic area for a local agency military base recovery area, but may not propose an area within an unincorporated area. A city and county may propose an area within the city and county for designation as a local agency military base recovery area. This proposed geographic area shall be based upon findings by the governing body that the area meets the criteria in Section 7111 and that the designation as a local agency military base recovery area is necessary in order to assist in attracting private sector investment in the area. The governing body shall establish definitive boundaries, not to exceed former base property, for the area to be included in the application for designation and, if designated by the agency, the designation shall be binding for the period described in Section 7110.5. (b) Following the application for designation of a local agency military base recovery area, the governing body shall apply to the agency for designation. The agency shall adopt regulations and guidelines concerning the necessary contents of each application for designation. (c) Any governing body with an eligible area within its jurisdiction may complete a preliminary application. (d) In designating a local agency military base recovery area, the agency shall select from the applications submitted those proposed local agency military base recovery areas which, based on a comparison of those applications, propose the most effective, innovative, and comprehensive regulatory, tax, program, and other incentives to attract private sector investment in the proposed local agency military base recovery area. For purposes of this paragraph: (1) "Regulatory incentives" include, but are not limited to, the elimination or reduction of fees for applications, permits, and local government facilities and services; and the establishment of a streamlined permit process. (2) "Tax incentives" include, but are not limited to, the elimination or reduction of business license taxes and utility user taxes. (3) "Program" and "other incentives" may include, but are not limited to the provision or expansion of infrastructure; the targeting of federal block grant moneys, including small cities, education, and health and welfare block grants; the targeting of economic development grants and loan moneys, including grant and loan moneys provided by the federal Urban Development Action Grant program and the federal Economic Development Administration; the targeting of state and federal job disadvantaged and vocational education grant moneys, including moneys provided by the federal Job Partnership Training Act of 1982; the targeting of federal or state transportation grant moneys; and the targeting of federal or state low-income housing and rental assistance moneys. (e) The agency shall also consider the following: (1) The unemployment rate for the area under the jurisdiction of the local governing body. (2) The number of civilian and military jobs lost as a result of the base closure when compared to the number of jobs available in the area. (3) Whether the local agency has a comprehensive economic development plan that is consistent with the reuse plan. (4) Whether the local agency has a prepared plan for appropriate hazardous waste management facilities as an integral part of the base and shall give extra consideration for any plan which includes provisions for critically needed hazardous waste facilities. (5) The governing body has resolved, as part of the reuse plan approval, to prepare a program environmental impact report that is in compliance with the California Environmental Quality Control Act and associated guidelines. (f) In evaluating applications for designation, the agency shall ensure that applications are not disqualified solely because of technical deficiencies and shall provide applicants with an opportunity to correct the deficiencies. Applications shall be disqualified if the deficiencies are not corrected within two weeks. The agency shall provide technical assistance to applicants that request it. SEC. 2. Section 7110.5 is added to the Government Code, to read: 7110.5. A designation of a local agency military base recovery area pursuant to Section 7110 shall be for an eight-year period, that shall expire eight years after the agency has determined that the later of the following conditions has been met: (a) The governing body has notified the agency that legal title to the economic development parcels at the former base has been transferred to the governing body and, in cases in which early transfer authority has been exercised, the terms and conditions necessary for satisfying the requirements of Section 9601 and following of Title 42 of the United States Code are met and regulatory closure has occurred. (b) The governing body has notified the agency that vouchers have been issued to an employer that has entered into a lease or received title to property located within the local agency military base recovery area.