BILL NUMBER: AB 2279	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 18, 2010

   An act to add Section 11011.24 to the Government Code, relating to
state property, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2279, as introduced, Evans. Surplus state property: County of
Napa.
   Existing law authorizes the Director of General Services to
dispose of state surplus property, subject to specified conditions,
including authorization by the Legislature.
   This bill would authorize the director to sell or exchange, at
current fair market value, all or part of a specified parcel of state
property to the County of Napa upon those terms, conditions,
reservations and exceptions the director determines are in the best
interest of the state, by January 1, 2015. The bill would require any
agreement for the sale or exchange of the property to include a
provision that requires the County of Napa to retain title to the
property for use as a park or wilderness preserve, or in the event of
a future sale of that property by the county, require the county, by
recorded easement, to limit future uses of the property to a park or
wilderness preserve. The bill would also require reimbursement of
the Department of General Services for any cost or expense incurred
in the disposition of the property from the proceeds of the
disposition of the property. The bill would require the net proceeds
of any moneys received from the disposition of the property to be
paid into the Deficit Recovery Bond Retirement Sinking Fund
Subaccount, a continuously appropriated fund, thereby resulting in an
appropriation. The bill would permit the County of Napa to enter an
agreement with a nonprofit land trust or nonprofit conservation
entity for the purpose of sharing the cost associated with the sale
or exchange authorized by this bill, provided all its other
requirements are met.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Napa.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11011.24 is added to the Government Code, to
read:
   11011.24.  (a) Except as provided in subdivisions (b) and (c), the
Director of General Services may sell or exchange at current fair
market value to the County of Napa, upon those terms and conditions
and subject to those reservations and exceptions the director
determines are in the best interests of the state, all or any part of
the following real property, by January 1, 2015, after which date,
if not sold or exchanged, the property is no longer surplus:
   Approximately 850 acres of property, located at the Napa State
Hospital, 2100 Napa Vallejo Highway, Napa, Napa County.
   (b) Notwithstanding the terms and conditions negotiated pursuant
to subdivision (a), in no event may the director sell or exchange the
property identified in subdivision (a) at a value less than current
fair market value.
   (c) An agreement for the sale or exchange of the property
identified in subdivision (a), pursuant to subdivisions (a) and (b),
shall require the County of Napa to retain title to the entire
property sold or exchanged for use as a park or wilderness preserve,
or in the event of the future sale or exchange of that property by
the County of Napa, shall require the County of Napa, by recorded
easement, to limit future uses of the property to a park or
wilderness preserve.
   (d) The Department of General Services shall be reimbursed for any
cost or expense incurred in the disposition of the property
described in subdivision (a) from the proceeds of the disposition.
The net proceeds of any moneys received from the disposition of the
property shall be paid into the Deficit Recovery Bond Retirement
Sinking Fund Subaccount, as established by subdivision (f) of Section
20 of Article XVI of the California Constitution.
   (e) The County of Napa may enter into an agreement with a
nonprofit land trust or nonprofit conservation entity for the purpose
of sharing the costs associated with making the sale or exchange
authorized by this section, provided that all the requirements of
this section, including, but not limited to, those of subdivision
(c), are met.
  SEC. 2.  The Legislature finds and declares that, because of the
unique circumstances applicable to the County of Napa, a statute of
general applicability 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.