BILL NUMBER: SBX1 4 ENROLLED
BILL TEXT
PASSED THE SENATE DECEMBER 18, 2008
PASSED THE ASSEMBLY DECEMBER 18, 2008
AMENDED IN SENATE DECEMBER 18, 2008
INTRODUCED BY Senator Ducheny
DECEMBER 8, 2008
An act to amend Section 11011 of the Government Code, and to add
Section 21080.15 to the Public Resources Code, relating to
environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 4, Ducheny. Environmental quality: surplus state property.
(1) Existing law, the California Environmental Quality Act (CEQA)
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact
report on a project that it proposes to carry out or approve that may
have a significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
Other provisions of existing law authorize the Department of General
Services to dispose of real property that the Legislature has
declared surplus, and has directed the disposal of, by the Department
of General Services.
This bill would exempt from CEQA, unless a specified condition
exists, the disposition of a parcel of surplus state real property if
the project consists exclusively of the sale or transfer of that
property by a state agency.
(2) Existing law requires each state agency, on or before December
31 of each year, to review certain proprietary state lands over
which the state agency has jurisdiction to determine what land is in
excess and to report the determination, in writing, to the Department
of General Services. Existing law requires the Department of General
Services to annually report to the Legislature, lands that are
declared to be in excess.
This bill would require each state agency, before making the above
determination, to comply with the California Environmental Quality
Act. The bill would require the Department of General Services to
report annually to the Legislature lands that are determined to be
excess and those that are determined not to be excess.
(3) This bill would provide that its provisions would become
operative only if AB 2 of the 2009-10 First Extraordinary Session is
enacted and becomes effective.
(4) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. The Governor issued a proclamation declaring a
fiscal emergency, and calling a special session for this purpose, on
December 1, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 1, 2008,
pursuant to the California Constitution.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11011 of the Government Code is amended to
read:
11011. (a) On or before December 31 of each year, each state
agency shall make a review of all proprietary state lands, other than
tax-deeded land, land held for highway purposes, lands under the
jurisdiction of the State Lands Commission, land that has escheated
to the state or that has been distributed to the state by court
decree in estates of deceased persons, and lands under the
jurisdiction of the State Coastal Conservancy, over which it has
jurisdiction to determine what, if any, land is in excess of its
foreseeable needs and report thereon in writing to the Department of
General Services. These lands shall include, but not be limited to,
the following:
(1) Land not currently being utilized, or currently being
underutilized, by the state agency for any existing or ongoing state
program.
(2) Land for which the state agency has not identified any
specific utilization relative to future programmatic needs.
(3) Land not identified by the state agency within its master
plans for facility development.
(b) Jurisdiction of all land reported as excess shall be
transferred to the Department of General Services, when requested by
the director of that department, for sale or disposition under this
section or as may be otherwise authorized by law.
(c) The Department of General Services shall report to the
Legislature annually, the land that each state agency determined to
be excess and the land that the state agency determined not to be
excess. Prior to making the determination that the land is excess,
the state agency shall comply with the California Environmental
Quality Act, Division 13 (commencing with Section 21000) of the
Public Resources Code. After the determination that the land is
excess has been made, the department shall request authorization from
the Legislature to dispose of that land by sale or otherwise.
(d) The Department of General Services shall review and consider
reports submitted to the Director of General Services pursuant to
Section 66907.12 of this code and Section 31104.3 of the Public
Resources Code prior to recommending or taking any action on surplus
land, and shall also circulate the reports to all agencies that are
required to report excess land pursuant to this section. In
recommending or determining the disposition of surplus lands, the
Director of General Services may give priority to proposals by the
state that involve the exchange of surplus lands for lands listed in
those reports.
(e) Except as otherwise provided by law, whenever any land is
reported as excess pursuant to this section, the Department of
General Services shall determine whether or not the use of the land
is needed by any other state agency. If the Department of General
Services determines that any land is needed by any other state agency
it may transfer the jurisdiction of this land to the other state
agency upon the terms and conditions as it may deem to be for the
best interests of the state.
(f) When authority is granted for the sale or other disposition of
lands declared excess, and the Department of General Services has
determined that the use of the land is not needed by any other state
agency, the Department of General Services shall sell the land or
otherwise dispose of the same pursuant to the authorization, upon any
terms and conditions and subject to any reservations and exceptions
as the Department of General Services may deem to be for the best
interests of the state. The Department of General Services shall
report to the Legislature annually, with respect to each parcel of
land authorized to be sold under this section, giving the following
information:
(1) A description or other identification of the property.
(2) The date of authorization.
(3) With regard to each parcel sold after the next preceding
report, the date of sale and price received, or the value of the land
received in exchange.
(4) The present status of the property, if not sold or otherwise
disposed of at the time of the report.
(g) Except as otherwise specified by law, the net proceeds
received from any real property disposition, including the sale,
lease, exchange, or other means, that is received pursuant to this
section shall be paid into the Deficit Recovery Bond Retirement
Sinking Fund Subaccount, established pursuant to subdivision (f) of
Section 20 of Article XVI of the California Constitution, until the
time that the bonds issued pursuant to the Economic Recovery Bond Act
(Title 18 (commencing with Section 99050)), approved by the voters
at the March 2, 2004, statewide primary election, are retired.
Thereafter, the net proceeds received pursuant to this section shall
be deposited in the Special Fund for Economic Uncertainties.
For purposes of this section, net proceeds shall be defined as
proceeds less any outstanding loans from the General Fund, or
outstanding reimbursements due to the Property Acquisition Law Money
Account for costs incurred prior to June 30, 2005, related to the
management of the state's real property assets, including, but not
limited to, surplus property identification, legal research,
feasibility statistics, activities associated with land use, and due
diligence.
(h) The Director of Finance may approve loans from the General
Fund to the Property Acquisition Law Money Account, which is hereby
created in the State Treasury, for the purposes of supporting the
management of the state's real property assets.
(i) Any rentals or other revenues received by the department from
real properties, the jurisdiction of which has been transferred to
the Department of General Services under this section, shall be
deposited in the Property Acquisition Law Money Account and shall be
available for expenditure by the Department of General Services upon
appropriation by the Legislature.
(j) Nothing contained in this section shall be construed to
prohibit the sale, letting, or other disposition of any state lands
pursuant to any law now or hereafter enacted authorizing the sale,
letting, or disposition.
(k) Subdivisions (a) to (f), inclusive, of this section shall be
inoperative from August 16, 2004, until July 1, 2005, with the
exception of subdivisions (g) to (j), inclusive, which shall take
effect retroactively, beginning November 3, 2004.
SEC. 2. Section 21080.15 is added to the Public Resources Code, to
read:
21080.15. This division does not apply to the disposition of a
parcel of surplus state real property identified as excess pursuant
to Section 11011 of the Government Code if the project consists
exclusively of the sale or transfer of surplus state real property by
a state agency, unless one of the following conditions exists:
(a) The surplus real property has been designated and mapped by a
federal, state, or local agency as a sensitive environmental area.
(b) The cumulative impact of successive sales or transfers of
surplus state real property in the same general location, over time,
is significant.
(c) The sale or transfer of the surplus state real property may
have significant effect on public health, safety, or significant
natural resources.
(d) The sale or transfer of the surplus state real property may
result in damage to scenic resources, including, but not limited to,
trees, historic buildings, cultural resources, rock outcroppings, or
similar resources along a highway officially designated as a state
scenic highway.
(e) The surplus state real property is a site that is included on
the list compiled by the Department of Toxic Substances Control
pursuant to Section 65962.5 of the Government Code.
(f) The sale or transfer is within a park or natural reserve.
(g) The surplus state real property is located in an area of
statewide, regional, or areawide concern listed pursuant to paragraph
(4) of subdivision (b) of Section 15206 of Title 14 of the
California Code of Regulations.
SEC. 3. This act shall only become operative if Assembly Bill 2 of
the 2009-10 First Extraordinary Session is enacted and becomes
effective.
SEC. 4. This act addresses the fiscal emergency declared by the
Governor by proclamation on December 1, 2008, pursuant to subdivision
(f) of Section 10 of Article IV of the California Constitution.