BILL NUMBER: AB 2279	CHAPTERED
	BILL TEXT

	CHAPTER  595
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 12, 2010
	PASSED THE ASSEMBLY  AUGUST 17, 2010
	AMENDED IN SENATE  AUGUST 9, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 23, 2010
	AMENDED IN SENATE  JUNE 15, 2010

INTRODUCED BY   Assembly Member Evans
   (Coauthor: Senator Wiggins)

                        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, 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
fair market value based upon an appraisal approved by the Department
of General Services, all or part of a specified parcel of state
property only 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 require that any agreement for
the sale or exchange of the property preserve Napa State Hospital's
ownership and use of a specified area known as Camp Coombs. 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.
   Appropriation: yes.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The Camp Coombs property is used for camping activities for
the nonforensic residents and individuals of Napa State Hospital.
   (b) The Camp Coombs property provides a therapeutic and natural
environment in which the hospital's residents and individuals enjoy
barbeques, picnics, nature walks, and gardening activities. It is
also a vocational worksite where wood from fallen trees is harvested
and cut into firewood that is auctioned off, with the proceeds used
to sponsor activities for the hospital's residents and individuals.
   (c) Camp Coombs is an invaluable resource for providing the
residents and individuals of Napa State Hospital with the ability to
leave the confines of their living spaces and experience nature. In
addition, the hospital also makes Camp Coombs and its facilities
available, free of charge, to other community members such as the Boy
Scouts and the Girl Scouts. The Napa Valley Office of Education
leases and operates a ropes course located at Camp Coombs that is
utilized by the Napa School District for its students to provide them
with field trip opportunities to use the unique obstacle rope
course.
   (d) The loss of Camp Coombs would have a significant impact on
Napa State Hospital's ability to provide treatment to its nonforensic
resident population.
   (e) It is the intention of the County of Napa, in purchasing
Skyline Park from the Department of General Services, to ensure that
Napa State Hospital maintains ownership and usage of, and access to,
the land known as Camp Coombs as part of the Napa State Hospital
campus.
   (f) It is the intent of the Legislature that any final purchase
agreement clearly state that the operations and activities at Camp
Coombs shall remain unobstructed and unaffected by the sale, and that
access to Camp Coombs be preserved through a recorded easement as
part of the final sale agreement. It is further the intent of the
Legislature that no sale agreement include in the land sold to the
County of Napa the land known as Camp Coombs.
  SEC. 2.  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, pursuant to
Section 11011.1, at fair market value based upon an appraisal
approved by the Department of General Services, only 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 to the County of Napa, the property is no longer surplus
and shall not be available for sale or exchange:
   Approximately 850 acres of property, currently leased to or
controlled by the County of Napa as part of Skyline Park, located at
the Napa State Hospital, 2100 Napa Vallejo Highway, Napa, in the
County of Napa.
   (b) An agreement for the sale or exchange of the property
identified in, and pursuant to, subdivision (a), 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.
   (c) An agreement for the sale or exchange of the property
identified in, and pursuant to, subdivision (a), shall preserve Napa
State Hospital's ownership and use of the property known as Camp
Coombs, and Camp Coombs shall not be part of the sale or exchange of
the property. An agreement for the sale or exchange of the property
shall include an easement, that shall be recorded, that provides Napa
State Hospital with access to Camp Coombs.
   (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
(b), are met.
  SEC. 3.  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.