BILL NUMBER: SB 256 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 21, 2009
INTRODUCED BY Senator Aanestad
FEBRUARY 24, 2009
An act to add Section 14673.3 to the Government Code, relating to
state property , and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 256, as amended, 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 , all or a portion of the Fir Street
Property, 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 also
authorize the director to use the proceeds of any sale, lease,
exchange, or any combination thereof of all or a portion of the Fir
Street Property to acquire the land and facilities
necessary to provide 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, thereby
making an appropriation. The bill would require the director to
initially offer the real property Fir Street
Property for disposition to the City of Chico. The bill would
authorize the director to offer the real property
Fir Street 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
Fir Street 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 also require the Department of
General Services to obtain approval from the Department of Finance
prior to the execution of any disposition agreement regarding the Fir
Street Property, and to notify the Chair of the Senate Committee on
Appropriations, the Chair of the Assembly Committee on
Appropriations, and the Chair of the Joint Legislative Budget
Committee, or his or her designee, in writing of the director's
intention to enter into a lease or an agreement, not less than the
minimum time that the Chair of the Joint Legislative
Budget Committee may in each instance determine .
Vote: majority 2/3 . Appropriation:
no yes . 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 and the proceeds used to carry out the
intent of the Legislature to provide 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
.
(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. The director shall use the proceeds of any sale,
exchange, lease, or any combination thereof made pursuant to this
subdivision to acquire the land and facilities described in
subdivision (g) to provide 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.
(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) (1) Any funds received from the sale, exchange, lease, or any
combination thereof, of all or a portion of the Fir Street Property
authorized by this section shall be held in trust and used only for
the acquisition, lease, lease-purchase, lease with an option to
purchase, or lease-purchase finance of the land and facilities
identified in subdivision (g) and are hereby appropriated to the
Department of General Services for expenditure for the purposes of
this subdivision.
(2) For the purposes of this section, the terms "lease" or "leases"
mean a lease or the selection and acquisition of a lease-purchase,
lease-purchase finance, or lease with an option to purchase.
(h)
(i) 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)
(j) (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.
(3) The Department of General Services shall notify the Chair of
the Senate Committee on Appropriations, the Chair of the Assembly
Committee on Appropriations, and the Chair of the Joint Legislative
Budget Committee, or his or her designee, in writing of the director'
s intention to enter into a lease or an agreement, not less than the
minimum time that the Chair of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine.