BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1143
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          ASSEMBLY THIRD READING
          AB 1143 (Dickinson)
          As Amended  May 27, 2011
          Majority vote 

           BUSINESS & PROFESSIONS     9-0  APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Hayashi, Bill Berryhill,  |Ayes:|Fuentes, Blumenfield,     |
          |     |Allen, Butler,            |     |Bradford, Charles         |
          |     |Eng, Hagman, Hill, Ma,    |     |Calderon, Campos, Davis,  |
          |     |Smyth                     |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes the Department of General Services (DGS), 
          with the consent of the Board of Equalization (BOE), to enter 
          into a lease to consolidate the BOE headquarters (HQ).  
          Specifically,  this bill  :  

          1)Authorizes DGS, with BOE's consent, to enter into a lease, 
            lease-purchase agreement, or lease with an option to purchase 
            a build-to-suit facility in the Sacramento area for purposes 
            of consolidating the BOE HQ operations into one single 
            location.   

          2)Requires DGS to develop the agreements or leases pursuant to 
            this bill and provide them to the Department of Finance (DOF) 
            for review and approval prior to soliciting bids.

          3)Requires DGS to obtain approval from DOF prior to execution of 
            an agreement or lease.  

          4)Requires DGS to notify the Legislature of the terms and 
            conditions of the agreement or lease, and the DGS plan for 
            replacing the BOE's current state-owned headquarters building 
            with other state tenants, at least 30 days prior to executing 
            the agreement for a lease, lease-purchase, or lease with an 
            option to purchase for build-to-suit pursuant to this bill. 









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          5)Requires DGS to be reimbursed for any reasonable costs 
            incurred pursuant to this bill. 

           EXISTING LAW  authorizes DGS (subject to legislative approval) to 
          sell, lease, exchange, or transfer various specified properties 
          for current market value, or upon terms and conditions as DGS 
          determines are in the best interests of the state.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee:

          1)The BOE estimates one-time moving costs of about $1.5 million. 
             Increased annual lease costs for the BOE-assuming 750,000 
            usable square feet of consolidated space-would depend on the 
            specific terms of the new lease agreement, but are estimated 
            to be about $6 million to $14 million annually at current 
            leasing rates. These additional costs would be partially 
            offset by operating efficiencies due to BOE consolidation into 
            a low- or mid-rise structure in lieu of occupying a high-rise 
            building and several satellite locations. These costs would 
            likely not begin before 2015.

          2)To backfill the current BOE headquarters building, state 
            agencies would incur similar one-time moving costs plus 
            one-time costs of up to several million dollars depending on 
            the extent of required tenant improvements. The net ongoing 
            lease cost for these agencies would depend on the occupancy 
            cost of their current space when compared to the BOE building 
            annual costs, which currently totals $12.8 million 
            annually-consisting of $8.1 million on bond debt service and 
            $4.7 million in base rent.

           COMMENTS  :  According to the author, "BOE has outgrown its 
          current HQ space, which includes the 450 N Street building and 
          four annex locations, and anticipates future growth.  The 
          staffing increases are due largely to growth to address 
          legislative mandates for revenue administration, collection and 
          enforcement efforts? The HQ building was designed to house not 
          more than 2,200 employees.  However, BOE currently requires 
          space for approximately 2,900 employees for its operations.  

          "This bill would support BOE's core mission of 
          revenue-generating processing, protect the health and safety of 
          employees, eliminate inefficiencies of managing operations 








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          across multiple annex locations, and accommodate future 
          short-term and long-term growth."

          The BOE HQ building located at 450 N Street is owned by the 
          State of California and has property management services 
          provided by DGS.  BOE is the primary tenant and pays monthly 
          rent as identified annually by DGS to occupy the building, as 
          well as any additional costs to maintain, upgrade, operate, or 
          fund other special repairs to the building.  Construction of the 
          BOE HQ building began in 1991 and was completed in January 1993. 
           Since then, the BOE HQ has been plagued with costly repairs for 
          mold remediation and water intrusion problems. 

          A 1997 study prepared by the architectural firm, Dreyfuss and 
          Blackford, and two DGS reviews have indicated that the HQ 
          building is designed to house 2,200 employees, while BOE 
          requires space for approximately 2,900 employees.  Recent 
          staffing increases are due largely to growth to address 
          legislative mandates for revenue collection and enforcement 
          efforts.  BOE has been forced to move approximately one-fourth 
          of the HQ operations to four different annex locations in the 
          greater Sacramento area.  However, BOE states that these 
          facilities are at maximum capacity, leaves no room for future 
          growth, and will result in programmatic delays if unaddressed.


           Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916) 
          319-3301 


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