BILL NUMBER: SB 339	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator Cannella

                        FEBRUARY 20, 2013

   An act to  amend Section 67870 of the Government Code,
relating to military base reuse.   add Section 25536.3
to the Government Code, relating to local government. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 339, as amended, Cannella.  Military base reuse
authorities: sunset provision.   Counties: disposition
of real property.  
   Existing law authorizes the board of supervisors of a county to
sell or lease any real property belonging to the county, as
specified, provided that the board complies with certain procedural
requirements. Existing law authorizes the board to enter into a
lease, concession, or managerial contract involving county owned,
leased, or managed property for specified purposes without otherwise
complying with the existing procedural requirements.  
   This bill would additionally authorize a county to sell or enter
into a lease, concession, or managerial contract involving a
specified area of county property that the county has acquired from
the federal government due to the closure of a former air force base,
without complying with the existing procedural requirements
referenced above, in accordance with conditions prescribed in the
bill.  
   The Military Base Reuse Authority Act authorizes counties and
cities located wholly or partly within the boundaries of a military
base to establish a military base reuse authority to prepare, adopt,
finance, and implement a plan for the future use and development of
the territory occupied by the military base. The act provides that a
military base reuse authority shall cease to exist when the board
determines that 80% of the territory of the military base that is
designated for development or reuse in the plan prepared pursuant to
the bill has been developed or reused in a manner consistent with the
plan, or 20 years after the creation of the authority, whichever
occurs first. 
   This bill would make technical, nonsubstantive changes to the
latter 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 25536.3 is added to the 
 Government Code  , to read:  
   25536.3.  (a) In addition to the authority provided for in Section
25536, and in accordance with subdivision (b), a county, by a
four-fifths vote of the board of supervisors, may sell, or enter into
a lease, concession, or managerial contract involving a specified
area of county property that the county has acquired from the federal
government due to the closure of an air force base, without
otherwise complying with this article.
   (b) The board shall only take an action specified in subdivision
(a) if the following conditions are met, or if the board makes a
finding in a noticed public hearing that the following conditions
were met at the time the property was acquired from the federal
government:
   (1) Reuse of the property is governed solely by the county, and
the property, or any portion thereof, is not included within a
redevelopment area.
   (2) The county has prepared and adopted a general or specific plan
pursuant to Article 5 (commencing with Section 65300) of Chapter 3
of Division 1 of Title 7 and has adopted a zoning ordinance for the
area, and the proposed use is consistent with that general or
specific plan and the zoning ordinance.
   (3) The airport land use commission has prepared and adopted a
comprehensive airport land use plan for the area pursuant to Article
3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of
Division 9 of the Public Utilities Code, and the proposed use is
consistent with that plan.
   (4) The county has complied with Article 8 (commencing with
Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and
Section 65402 with regard to the property, as provided in Section
23501.1.
   (5) The county has given notice pursuant to Section 6062a and
posted the notice in the office of the county clerk. The notice shall
specify the date that the board determines that any of the affected
property shall be subject to this section, and shall include all of
the following:
   (A) A description of the property proposed to be sold, leased, or
subject to a concession or managerial contract pursuant to this
section.
   (B) The proposed terms of the sale, lease, concession, or
managerial contract.
   (C) The location where offers will be accepted and executed.
   (D) The telephone number and address of the county officer
responsible for executing the sale, lease, concession, or managerial
contract.  
       
  SECTION 1.    Section 67870 of the Government Code
is amended to read:
   67870.  The authority shall cease to exist when the board
determines that 80 percent of the territory of the military base that
is designated for development or reuse in the plan prepared pursuant
to this title has been developed or reused in a manner consistent
with the reuse plan, or in any case not later than June 30, 20 years
after the creation of the authority. The local agency formation
commission or commissions of the county or counties that are member
agencies shall provide for the orderly dissolution of the authority,
including ensuring that each contract, agreement, and pledge to pay
or repay money entered into by the authority is honored and properly
administered, and that each asset of the authority is appropriately
transferred.