BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 826|
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THIRD READING
Bill No: AB 826
Author: Jones-Sawyer (D)
Amended: 8/12/13 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 7-4, 6/25/13
AYES: Wright, Calderon, Correa, De León, Hernandez, Lieu,
Padilla
NOES: Nielsen, Berryhill, Cannella, Galgiani
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 52-18, 5/23/13 - See last page for vote
SUBJECT : State property: surplus
SOURCE : Department of General Services
DIGEST : This bill authorizes the Department of General
Services (DGS) to dispose of eight surplus state properties.
ANALYSIS :
Existing law:
1.Directs each state agency to review all land under its
jurisdiction, with certain exceptions, to determine what, if
any, land is in excess of its foreseeable needs and report
thereon in writing to DGS.
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2.Authorizes DGS to dispose of surplus state real property by
sale, lease, exchange, a sale combined with an exchange, or
other manner of disposition of property, as authorized by the
Legislature, upon any terms and conditions and subject to any
reservations and exceptions DGS deems to be in the best
interests of the state.
3.Authorizes DGS to sell surplus real property to a local
agency, or to a nonprofit affordable housing sponsor for
affordable housing projects at a sales price less than fair
market value if DGS determines that such a discount will
enable the provision of housing for persons and families of
low or moderate income.
4.Authorizes DGS to transfer surplus real property to a local
agency for less than fair market value if the local agency
uses the surplus state real property for parks or open-space
purposes.
5.Establishes criteria for state agencies to use in determining
and reporting excess lands. A state agency must report land
as surplus that is (a) not currently utilized, or is
underutilized, for any existing or ongoing programs; (b) land
for which the agency cannot identify any specific utilization
relative to future needs; and (c) land not identified by the
state agency within its master plan for facility development.
6.Exempts the sale of surplus property sold "as is" from
designated provisions of the California Environmental Quality
Act (CEQA). However, the buyer or transferee of a parcel is
subject to CEQA as well as any local governmental entitlement
or land use approval requirements.
7.Requires that the proceeds from the sale of surplus state
property, with specified exceptions, be used to pay the
principal and interest on the Economic Recovery Bond Act of
2004. (Proposition 60A)
This bill authorizes DGS to dispose of eight surplus state
properties. Specifically, this bill:
1.Authorizes the Director of DGS to sell, exchange, sell
combined with an exchange, or lease for fair market value,
upon terms and conditions determined to be in the state's best
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interest, all or any part of the following three parcels of
real property:
A. Approximately 15 acres and improvements known as a
portion of the California Department of Corrections and
Rehabilitation's Preston Youth Correctional Facility. This
property was used as Preston employee housing. The Preston
facility was closed on June 30, 2011, the structures are
now vacant and beyond their useful life. There is no
departmental use for the property.
B. Approximately 160 acres and improvements known as a
portion of the California Department of Corrections and
Rehabilitation's Estrella Correctional Facility. This
facility was closed in 2008. There is no departmental use
for the property.
C. Approximately 0.90 acres and improvements, known as the
Employment Development Department's Vallejo Office Building
(1440 Marin Street, Vallejo, Solano County).
1.Authorizes the Director of DGS to sell, for fair market value,
as specified, all or a portion of the following properties
located in the City of Sacramento, County of Sacramento, and
leased by the Department to the Capitol Area Development
Authority (CADA) pursuant to Government Code Section 11011.1:
A. Approximately 0.027 acres/improvements (1627 10th
Street, Sacramento).
B. Approximately 0.027 acres/improvements (1607 10th
Street, Sacramento).
C. Approximately 0.030 acres/improvements (1036 P Street,
Sacramento).
D. Approximately 0.025 acres/improvements (1603 10th
Street, Sacramento).
E. Approximately 0.039 acres/improvements (1601 10th
Street, Sacramento).
Background
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All state agencies are required to annually review and determine
if any lands under their jurisdiction are in excess of need.
This information is provided to DGS to annually report to the
Legislature the excess lands and request authorization to sell
excess land. When selling state surplus property, DGS must
determine if other state agencies can utilize the land. If the
state has no need, DGS must then offer surplus state real
property to local agencies, and next, to nonprofit affordable
housing sponsors prior to offering the property to private
entities.
Under the provisions of Proposition 60A, the proceeds of the
sale of surplus property are used to pay the holders of the
state's deficit reduction bonds. These payments are intended to
accelerate the redemption of the state's debt, and reduce future
General Fund payments to the bondholders.
Estrella Correctional Facility, San Luis Obispo County . DGS
reports that this facility opened in 1947, and through actions
by both the Legislature (SB 81, Senate Budget and Fiscal Review
Committee, Chapter 175, Statutes of 2007, and AB 191, Assembly
Budget Committee, Chapter 257, Statutes of 2007) and the courts
(Farrell v. Cate) altering the amount and type of youthful
offenders entrusted to the care of the Department's Division of
Juvenile Justice, it eventually closed in 2008.
Properties leased by DGS to CADA, Sacramento County . This bill
authorizes DGS to dispose of five properties that are now leased
to CADA. All of these properties are apartment buildings in
CADA area surrounding the State Capitol. The CADA board of
directors has reportedly signed off on the sale or transfer of
these parcels.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/21/13)
Department of General Services (source)
ARGUMENTS IN SUPPORT : According to the author's office, "This
is the annual DGS proposal for the disposal of excess state real
property. State agencies are required by Government Code
Section 11011 to identify real properties that are excess to its
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needs. The proposal is necessary because legislative
authorization is needed to declare real properties as surplus
and to authorize their disposal by DGS."
ASSEMBLY FLOOR : 52-18, 05/23/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Cooley, Daly,
Dickinson, Eggman, Fong, Frazier, Garcia, Gatto, Gomez,
Gordon, Hall, Harkey, Roger Hernández, Jones-Sawyer, Levine,
Linder, Lowenthal, Medina, Mitchell, Mullin, Nazarian, Pan,
Perea, V. Manuel Pérez, Quirk, Rendon, Skinner, Stone, Ting,
Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez
NOES: Allen, Conway, Dahle, Donnelly, Fox, Beth Gaines, Gorell,
Hagman, Logue, Maienschein, Mansoor, Melendez, Morrell, Olsen,
Patterson, Quirk-Silva, Salas, Wagner
NO VOTE RECORDED: Bigelow, Gray, Grove, Holden, Jones,
Muratsuchi, Nestande, Waldron, Vacancy, Vacancy
MW:nl 8/21/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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