BILL NUMBER: AB 435 INTRODUCED
BILL TEXT
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) Nothing contained in this This
section shall not 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.