BILL NUMBER: SB 1580 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 18, 2012
AMENDED IN SENATE MAY 9, 2012
INTRODUCED BY Committee on Governmental Organization (Senators
Wright (Chair), Anderson, Berryhill, Calderon, Cannella, Corbett, De
León, Evans, Hernandez, Padilla, Walters, Wyland, and Yee)
MARCH 20, 2012
An act to add Section 435.3 to the Military and Veterans
Code, relating to state surplus property , and making
an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 1580, as amended, Committee on Governmental Organization. State
surplus property: armories: sales.
Existing
(1) Existing law authorizes the
Director of General Services to dispose of state surplus property,
subject to specified conditions , including authorization by the
Legislature . The California Constitution and related
statutory law require the net proceeds from the sale of state
surplus property to be paid into the Deficit Recovery Bond Retirement
Sinking Fund Subaccount, except as otherwise provided by law.
Existing law also authorizes the Director of General Services, with
the approval of the Adjutant General, to lease and sell real property
held for armory purposes, subject to legislative approval. Existing
law establishes the Armory Fund and requires that the proceeds from
the sale or lease of armories be deposited in the fund, for use, upon
appropriation by the Legislature, for specified purposes related to
armories.
This bill would authorize the director to dispose of 3 specified
parcels of state property. The bill would also rescind the surplus
property sale authorization of 2 specified parcels. The bill would
subject the proceeds from one parcel to the reimbursement of federal
equity financing, as specified.
(2) The California Constitution provides that the proceeds from
the sale of surplus state property be used to pay the principal and
interest on bonds issued pursuant to the Economic Recovery Bond Act
until the principal and interest on those bonds are fully paid, after
which these proceeds are required to be deposited into the Special
Fund for Economic Uncertainties. Existing statutory law similarly
requires that the net proceeds received from any real property
disposition be paid into the Deficit Recovery Bond Retirement Sinking
Fund Subaccount, a continuously appropriated fund, until the bonds
issued pursuant to the act are retired.
By increasing the amount transferred into a continuously
appropriated fund, this bill would make an appropriation.
(3) Existing law authorizes the Director of General Services, with
the approval of the Adjutant General, to lease and sell real
property held for armory purposes, subject to legislative approval.
Existing law establishes the Armory Fund and requires that the
proceeds from the sale or lease of armories be deposited in the fund,
for use, upon appropriation by the Legislature, for specified
purposes related to armories.
This bill would authorize the Director of General Services, with
the approval of the Adjutant General, to sell specified armories,
including improvements made to those armories. This bill would,
notwithstanding the requirement for payment of sale proceeds into the
Deficit Recovery Bond Retirement Sinking Fund Subaccount, require
the proceeds from the sale to be deposited in the Armory Fund. This
bill would require the Department of General Services to be
reimbursed for any reasonable costs or expenses incurred in
conducting a transaction involving those armories, as specified.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) Notwithstanding any other law and
pursuant to Section 435 of the Military and Veterans Code, the
Director of General Services, with the approval of the Adjutant
General, may sell any of the following properties:
(1) Approximately 4.59 acres of real property with improvements
made thereon, located at 2320 N. Parmelee Avenue, Compton,
California, known as the Compton Parmelee Armory.
(2) Approximately 2.0 acres of real property with improvements
made thereon, located at 900 Powell Avenue, Healdsburg, California,
known as the Healdsburg Armory.
(3) Approximately 1.57 acres of real property with improvements
made thereon, located at 14061 Nevada City Highway, Nevada City,
California, known as the Nevada City Armory.
(4) Approximately 2.84 acres of real property with improvements
made thereon, located at 950 West Laurel Street, Willows, California,
known as the Willows Armory.
(b) The proceeds from the sale of armories authorized pursuant to
subdivision (a) shall be deposited in the Armory Fund as required
pursuant to subdivision (b) of Section 435.
(c) The Department of General Services shall be reimbursed for any
reasonable costs or expenses incurred in conducting a transaction
pursuant to this section.
(d) The sale of these armories shall be made on an "as is" basis
and shall be exempt from Division 13 (commencing with Section 21100)
of the Public Resources Code. Upon vesting title of the armory to the
purchaser or transferee of the armory, the purchaser or transferee
shall be subject to any local governmental land use entitlement
requirements and to Division 13 (commencing with Section 21100) of
the Public Resources Code.
SEC. 2. (a) The Director of General Services may
sell, exchange, sell combined with an exchange, or lease for fair
market value and upon those terms and conditions as the Director of
General Services determines are in the best interests of the state,
all or any part of the following real property pursuant to Section
11011.1 of the Government Code:
(1) Parcel 1, consisting of approximately 1.42 acres, formerly
known as the Employment Development Department Field Office, located
at 135 West Fremont, in Stockton, San Joaquin County.
(2) Parcel 2, consisting of approximately 0.36 acres, known as the
California Department of Corrections and Rehabilitation Watts Parole
Center, located at 9110 S. Central Avenue, in Los Angeles, Los
Angeles County.
(3) Parcel 3, consisting of approximately 0.6 acres and
improvements, including a 1,113 square foot residence and garage
identified as Assessor Parcel Number 004-050-031-000, known as the
California Department of Corrections and Rehabilitation Single Family
Residence, located on Sutter Lane, in Ione, Amador County.
(b) Notwithstanding any other law that declared the properties as
surplus, the following parcels are no longer surplus to the state's
needs and the surplus property sale authorization is hereby
rescinded:
(1) Parcel 1, consisting of approximately 2 acres and
improvements, known as the Healdsburg Armory, located at 900 Powell
Avenue, Healdsburg, Sonoma County, declared surplus property sale in
Assembly Bill 1123, Chapter 625 of the Statutes of 2007.
(2) Parcel 2, consisting of real property under the jurisdiction
of the Department of Motor Vehicles, known as the Department of Motor
Vehicles Santa Maria Field Office, located at 523 South McClellan
Street, Santa Maria, Santa Barbara County, declared surplus in
Assembly Bill 358, Chapter 448 of the Statutes of 2007.
(c) Proceeds received from the disposition of Parcel 1, formerly
known as the Employment Development Department Field Office, shall be
subject to the reimbursement of federal equity financing, if any
exists in the property, as required under applicable state and
federal law.
SECTION 1. Section 435.3 is added to the
Military and Veterans Code, to read:
435.3. (a) Notwithstanding any other law and pursuant to Section
435, the Director of General Services, with the approval of the
Adjutant General, may sell any of the following properties:
(1) Approximately 4.59 acres of real property with improvements
made thereon, located at 2320 N. Parmelee Avenue, Compton,
California, known as the Compton Parmelee Armory.
(2) Approximately 2.0 acres of real property with improvements
made thereon, located at 900 Powell Avenue, Healdsburg, California,
known as the Healdsburg Armory.
(3) Approximately 1.57 acres of real property with improvements
made thereon, located at 14061 Nevada City Highway, Nevada City,
California, known as the Nevada City Armory.
(4) Approximately 2.84 acres of real property with improvements
made thereon, located at 950 West Laurel Street, Willows, California,
known as the Willows Armory.
(b) The proceeds from the sale of armories authorized pursuant to
subdivision (a) shall be deposited in the Armory Fund as required
pursuant to subdivision (b) of Section 435.
(c) The Department of General Services shall be reimbursed for any
reasonable costs or expenses incurred in conducting a transaction
pursuant to this section.
(d) The sale of these armories shall be made on an "as is" basis
and shall be exempt from Division 13 (commencing with Section 21100)
of the Public Resources Code. Upon vesting title of the armory to the
purchaser or transferee of the armory, the purchaser or transferee
shall be subject to any local governmental land use entitlement
requirements and to Division 13 (commencing with Section 21100) of
the Public Resources Code.