California Legislature—2013–14 Regular Session

Assembly Bill No. 435

Introduced by Assembly Member Jones-Sawyer

February 15, 2013

An act to amend Section 11011 of the Government Code, relating to state surplus property.

LEGISLATIVE COUNSEL’S DIGEST

AB 435, as introduced, Jones-Sawyer. State surplus property.

Existing law requires each state agency to review all proprietary state lands and make a list of excess state lands and to report the list to the Department of General Services.

This bill would make technical, nonsubstantive changes to this provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11011 of the Government Code is
amended to read:

11011.  

(a) On or before December 31 of each year, each state
agency shall make a review of all proprietary state lands, other
than tax-deeded land, land held for highway purposes, lands under
the jurisdiction of the State Lands Commission, land that has
escheated to the state or that has been distributed to the state by
court decree in estates of deceased persons, and lands under the
jurisdiction of the State Coastal Conservancy, over which it has
jurisdiction to determine what, if any, land is in excess of its
foreseeable needs and report thereon in writing to the Department
of General Services. These lands shall include, but not be limited
to, the following:

(1) Land not currently being utilized, or currently being
underutilized, by the state agency for any existing or ongoing state
program.

(2) Land for which the state agency has not identified any
specific utilization relative to future programmatic needs.

(3) Land not identified by the state agency within its master
plans for facility development.

(b) Jurisdiction of all land reported as excess shall be transferred
to the Department of General Services, when requested by the
director of that department, for sale or disposition under this section
or as may be otherwise authorized by law.

(c) The Department of General Services shall report to the
Legislature annually, the land declared excess and request
authorization to dispose of the land by sale or otherwise.

(d) The Department of General Services shall review and
consider reports submitted to the Director of General Services
pursuant to Section 66907.12 of this code and Section 31104.3 of
the Public Resources Code prior to recommending or taking any
action on surplus land, and shall also circulate the reports to all
agencies that are required to report excess land pursuant to this
section. In recommending or determining the disposition of surplus
lands, the Director of General Services may give priority to
proposals by the state that involve the exchange of surplus lands
for lands listed in those reports.

(e) Except as otherwise provided by any other law, whenever
any land is reported as excess pursuant to this section, the
Department of General Services shall determine whether or not
the use of the land is needed by any other state agency. If the
Department of General Services determines that any land is needed
by any other state agency it may transfer the jurisdiction of this
land to the other state agency upon the terms and conditions as it
may deem to be for the best interests of the state.

(f) When authority is granted for the sale or other disposition
of lands declared excess, and the Department of General Services
has determined that the use of the land is not needed by any other
state agency, the Department of General Services shall sell the
land or otherwise dispose of the same pursuant to the authorization,
upon any terms and conditions and subject to any reservations and
exceptions as the Department of General Services may deem to
be for the best interests of the state. The Department of General
Services shall report to the Legislature annually, with respect to
each parcel of land authorized to be sold under this section, giving
the following information:

(1) A description or other identification of the property.

(2) The date of authorization.

(3) With regard to each parcel sold after the next preceding
report, the date of sale and price received, or the value of the land
received in exchange.

(4) The present status of the property, if not sold or otherwise
disposed of at the time of the report.

(g) Except as otherwise specified by law, the net proceeds
received from any real property disposition, including the sale,
lease, exchange, or other means, that is received pursuant to this
section shall be paid into the Deficit Recovery Bond Retirement
Sinking Fund Subaccount, established pursuant to subdivision (f)
of Section 20 of Article XVI of the California Constitution, until
the time that the bonds issued pursuant to the Economic Recovery
Bond Act (Title 18 (commencing with Section 99050)), approved
by the voters at the March 2, 2004, statewide primary election, are
retired. Thereafter, the net proceeds received pursuant to this
section shall be deposited in the Special Fund for Economic
Uncertainties.

For purposes of this section, net proceeds shall be defined as
proceeds less any outstanding loans from the General Fund, or
outstanding reimbursements due to the Property Acquisition Law
Money Account for costs incurred prior to June 30, 2005, related
to the management of the state’s real property assets, including,
but not limited to, surplus property identification, legal research,
feasibility statistics, activities associated with land use, and due
diligence.

(h) The Director of Finance may approve loans from the General
Fund to the Property Acquisition Law Money Account, which is
hereby created in the State Treasury, for the purposes of supporting
the management of the state’s real property assets.

(i) Any rentals or other revenues received by the department
from real properties, the jurisdiction of which has been transferred
to the Department of General Services under this section, shall be
deposited in the Property Acquisition Law Money Account and
shall be available for expenditure by the Department of General
Services upon appropriation by the Legislature.

(j)  begin delete Nothing contained in this end delete begin insert This end insert section shall begin insert not end insert be construed
to prohibit the sale, letting, or other disposition of any state lands
pursuant to any law now or hereafter enacted authorizing the sale,
letting, or disposition.

(k) (1) The disposition of a parcel of surplus state real property,
pursuant to Section 11011.1, made on an “as is” basis shall be
exempt from Chapter 3 (commencing with Section 21100) to
Chapter 6 (commencing with Section 21165), inclusive, of Division
13 of the Public Resources Code. Upon title to the parcel vesting
in the purchaser or transferee of the property, the purchaser or
transferee shall be subject to any local governmental land use
entitlement approval requirements and to Chapter 3 (commencing
with Section 21100) to Chapter 6 (commencing with Section
21165), inclusive, of Division 13 of the Public Resources Code.

(2) If the disposition of a parcel of surplus state real property,
pursuant to Section 11011.1, is not made on an “as is” basis and
close of escrow is contingent on the satisfaction of a local
governmental land use entitlement approval requirement or
compliance by the local government with Chapter 3 (commencing
with Section 21100) to Chapter 6 (commencing with Section
21165), inclusive, of Division 13 of the Public Resources Code,
the execution of the purchase and sale agreement or of the exchange
agreement by all parties to the agreement shall be exempt from
Chapter 3 (commencing with Section 21100) to Chapter 6
(commencing with Section 21165), inclusive, of Division 13 of
the Public Resources Code.

(3) For the purposes of this subdivision, “disposition” means
the sale, exchange, sale combined with an exchange, or transfer
of a parcel of surplus state property.