BILL NUMBER: SB 256	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Aanestad

                        FEBRUARY 24, 2009

   An act to add Section 14673.3 to the Government Code, relating to
state property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 256, as introduced, Aanestad. State property: Department of the
California Highway Patrol.
   Existing law authorizes the Director of General Services to
acquire and convey real property for the state, whenever that
transfer of the real property is authorized or contemplated by law.
   This bill would authorize the director to sell, lease, exchange,
or any combination thereof approximately 1.69 acres of real property
in the City of Chico, currently used by the Department of the
California Highway Patrol as its Chico area office, that is
specifically declared not to be surplus to the needs of the state.
The bill would require the director to initially offer the real
property for disposition to the City of Chico. The bill would
authorize the director to offer the real property to the public
through a competitive selection process determined by the director to
be in the best interest of the state, if the City of Chico is unable
to enter an agreement for the disposition of the real property. The
bill would also authorize the director to enter into one or more
agreements or leases for the purpose of providing a substitute
location for the Chico area office capable of accommodating its
presently necessary and future expansion.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 14673.3 is added to the Government Code, to
read:
   14673.3.  (a) The Legislature finds and declares all of the
following:
   (1) The state owns approximately 1.69 acres of real property
located at 995 Fir Street in the City of Chico, currently used by the
Department of the California Highway Patrol as its Chico area
office.
   (2) For the purposes of this section, the real property described
in paragraph (1) shall be referred to as the "Fir Street Property."
   (3) The Chico area office of the department has outgrown the
facilities on the Fir Street Property, and relocating the operations
of the Chico area office to a location that will accommodate
presently necessary and future expansion will better protect the
health and safety of the residents of the state.
   (4) The Fir Street Property may be sold, exchanged, leased, or any
combination thereof.
   (5) Because the subject property is unsuitable to the needs of the
state rather than surplus, the Legislature hereby finds and declares
that the disposition of the Fir Street Property authorized by this
section does not constitute a sale or other disposition of surplus
state property within the meaning of Section 9 of Article III of the
California Constitution and shall not be subject to subdivision (g)
of Section 11011.
   (b) The Director of General Services may sell, exchange, lease, or
any combination thereof, all or a portion of the Fir Street
Property.
   (c) The director shall initially offer the Fir Street Property for
disposition, pursuant to the authorization described in subdivision
(b), to the City of Chico. If the City of Chico is unable to enter
into an agreement for the disposition of the Fir Street Property, the
director may offer the Fir Street Property for disposition, as
described in subdivision (b), to the public through a competitive
selection process determined by the director to be in the best
interest of the state.
   (d) Any exchange, lease, or sale of properties carried out
pursuant to this section shall be for no less than fair market value,
as determined by an independent appraisal or pursuant to a
competitive selection process. Compensation for the Fir Street
Property may include land, or a combination of land, improvements,
and money.
   (e) The Department of General Services shall be reimbursed for any
reasonable cost or expense incurred for the transactions described
in this section from the proceeds of the sale, lease, exchange, or
combination thereof of the Fir Street Property.
   (f) For the purposes of this section, the Fir Street Property
shall not be subject to the provisions of Section 11011.1 or Article
8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division
2 of Title 5.
   (g) (1) The director may enter into one or more agreements or
leases for the purpose of providing a substitute location for the
Chico area office of the Department of the California Highway Patrol
capable of accommodating its presently necessary and future
expansion.
   (2) Upon appropriation by the Legislature, the director shall use
the proceeds of any sale, exchange, lease, or combination thereof
made pursuant to subdivision (b) to relocate and expand the
operations of the Chico area office of the Department of the
California Highway Patrol.
   (h) Notwithstanding Section 14669, if the City of Chico fails to
enter into an agreement for the disposition of the Fir Street
Property, the Department of General Services shall advertise the
availability of the Fir Street Property and award the sale, lease,
exchange, or any combination thereof, all or a portion of the Fir
Street Property to the proposer offering to provide a building or
buildings that meet the state's requirements if the director
determines that the sale, lease, exchange, or any combination thereof
to be in the best interest of the state. The director may also lease
all or part of the Fir Street Property for a period not to exceed 66
years.
   (i) (1) The Department of General Services shall develop the terms
and conditions of any disposition agreement regarding the Fir Street
Property, and provide them to the Department of Finance for review
prior to soliciting bids.
   (2) The Department of General Services shall obtain approval from
the Department of Finance prior to the execution of any disposition
agreement regarding the Fir Street Property.