BILL NUMBER: SB 760	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Aanestad

                        FEBRUARY 27, 2009

   An act to add Section 14673.11 to the Government Code, relating to
state property, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 760, as introduced, Aanestad. State property: City of Red
Bluff.
   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 3.14 acres of real property
in the City of Red Bluff that is specifically declared not to be
surplus to the needs of the state, and, in return, to acquire up to
40,000 net square feet of usable office and related space for
consolidated administrative operations of the state. The bill would
also provide that the funds derived from the disposition of the real
property would be appropriated to the Department of General Services
to expend for the purposes of the bill.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 14673.11 is added to the Government Code, to
read:
   14673.11.  (a) The Legislature finds and declares all of the
following:
   (1) The state owns approximately 3.14 acres of real property
located at 2440 Main Street in the City of Red Bluff, with
improvements, currently used for state offices.
   (2) For purposes of this section, the real property described in
paragraph (1) shall be referred to as the "Red Bluff Property."
   (3) Continuing the consolidated operations of the various state
agencies in one location will greatly facilitate and improve the
efficiency of the administrative operations of the state.
   (4) The Red Bluff Property may be sold, exchanged, leased, or any
combination thereof, and the proceeds used to carry out the intent of
the Legislature to consolidate various departments and state
agencies to protect the health and safety of the people.
   (5) The disposition of the Red Bluff Property authorized in 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 Red Bluff Property.
The director shall use the proceeds of any sale, exchange, or lease
made pursuant to this subdivision to acquire the land and facilities
described in subdivision (g) to consolidate various state departments
in closer proximity within the City of Red Bluff.
   (c) 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 Red Bluff
Property may include land, or a combination of land, improvements,
and money.
   (d) (1) Any funds received from the sale, exchange, or lease of
the Red Bluff 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 the selection and acquisition of a lease-purchase,
lease-purchase finance, or lease with an option to purchase pursuant
to this subdivision.
   (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, or exchange of
the Red Bluff Property.
   (f) For the purposes of this section, the Red Bluff 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 purposes of providing usable office and related space
not to exceed 40,000 net square feet in the City of Red Bluff in
order to consolidate various departments and state agencies. It is
the intent of the Legislature that the state obtain an equity
interest in any land or facility authorized by this subdivision.
   (2) Notwithstanding Section 14669, the department shall advertise
and award the lease or leases to the proposer offering to provide a
building or buildings that meet the state's requirements and that the
director determines are in the best interest of the state. The
director may also lease all or part of the Red Bluff Property for a
period not to exceed 66 years.
   (h) (1) The Department of General Services shall develop the terms
and conditions of any agreements or lease, and provide them to the
Department of Finance for review prior to soliciting bids. The
Department of General Services shall obtain approval from the
Department of Finance prior to execution of any agreement or lease.
   (2) The Department of General Services shall notify the
chairperson of the committee in each house that considers
appropriations and the Chairperson 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 sooner than a
lesser time that the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine. If
any of the three committees fail to take an action with respect to
the submittal within 45 days after the submittal, this inaction shall
be deemed to be approval for purposes of this section.