BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON VETERANS AFFAIRS
                             Senator Jim Nielsen, Chair
                                2015 - 2016  Regular 

          Bill No:             AJR 11         Hearing Date:    6/9/15
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          |Author:    |Burke                                                |
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          |Version:   |4/23/15    Amended                                   |
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          |Urgency:   |                       |Fiscal:    |No               |
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          |Consultant:|Wade Cooper Teasdale                                 |
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                         Subject:  Military bases: closures.


           DESCRIPTION
            
          Summary:

           

          Memorializes the President and Congress of the United States to  
          recognize the unique military value of California's defense  
          installations and the disproportionate sacrifices California  
          endured in previous base realignment and closure (BRAC) rounds.

           Existing law:

           
          Federal law:  Public Law 101-510 (Defense Base Realignment and  
          Closure Act of 1990) provides the basic framework for the  
          transfer and disposal of military installations closed during  
          the BRAC process.

          State law:

          1) Requires the Office of Planning and Research (OPR) to serve  
            as the state's liaison to the United States Department of  
            Defense (DoD) to facilitate coordination regarding issues of  
            significant interest to the state and the DoD, particularly  
            with regard to any proposed federal BRAC actions.








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          2)Establishes the Military Base Reuse Authority Act to plan for,  
            finance and manage the transition of a base from military to  
            civilian use.

           This bill:

           1)Outlines the overall economic impact of the defense industry  
            in California and prior BRAC rounds, and notes that as our  
            nation faces new security threats in the 21st century, in  
            space, cyberspace, over land, at sea, and in the air,  
            California is helping the military meet the challenges of  
            today and tomorrow.

          2)Requests the President and Congress to not only recognize the  
            unique military value of California's defense installations,  
            but also continue to take into account all of the following:

             a)   California geography allows year-round training of all  
               types of military forces.
             b)   California's ability to recruit and train highly skilled  
               and educated personnel.
             c)   The economic impact on existing communities located near  
               military installations.
             d)   Our incomparable quality of life, which enhances  
               personnel retention.
             e)   The vast intellectual capital developed in California  
               since World War II.
             f)   Disproportionate sacrifices California endured in  
               previous BRAC rounds.
           

          BACKGROUND
           
           Base Realignment and Closure
           
          California has a strategic location, unique landscape and  
          valuable resources that help further U.S. military readiness for  
          actions around the globe. As a result, the DoD has made many  
          economic and technological investments in the state, including  
          large investments in land and military installations. The  
          state's unique resources and the military's investments have  
          fostered a strong partnership, and the ensuing collaboration is  
          vital for economic, resource management, and military readiness  
          reasons. State and local economies are influenced by the  








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          military's presence.

          The burden of maintaining this partnership often falls on the  
          shoulders of cities and counties. In addition to juggling the  
          competing demands of expanding development, promoting economic  
          development and upholding environmental quality standards, local  
          governments must also consider the needs of local military  
          installations in their land use planning. Traditionally,  
          military installations were strategically located in  
          underdeveloped areas so as to avoid land use conflicts. As the  
          population of the state continues to grow and the land use needs  
          of communities continue to expand outward, the need for stronger  
          relationships and communication between local governments and  
          the military developed. Without adequate communication and  
          coordinated land use efforts, military missions, quality of life  
          and public safety are increasingly jeopardized. Growth  
          encroaching on a military installation so as to hinder its  
          mission can contribute to the installation's closure.

          The federal government worked its way through four initial  
          iterations of the BRAC process between late 1988 and 1993.  
          Nationally, that process led to the closing of 350 large and  
          small military bases and 55 major realignments. Reportedly, this  
          saved federal taxpayers more than $16 billion through 2001 and  
          six billion dollars more each subsequent year.  

          Prior to 1988, California had, by far, the largest military  
          presence of any state, and was home to 335,979 (14.7%) of the  
          Department of Defense's (DoD) total 2,275,264 personnel and 91  
          (18.3%) of the 495 major military bases then scattered around  
          the nation.  Not surprisingly, the BRAC cuts fell heavily on  
          California.

          Through the first four rounds (1988, 1991, 1993, 1995), the  
          state suffered the loss of 93,546 uniformed and civilian DoD  
          jobs, which represented 53.8% of the net cuts nationally.  
          California lost nearly 28 percent of its military personnel,  
          while the rest of the nation saw a reduction of just 3.6  
          percent. 

          In terms of major base closures, California lost 24  
          installations; Texas, seven; Pennsylvania, six; Illinois and New  
          York, five each; and Florida, Indiana, Maryland and Virginia,  
          four each.








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          Prior to the mid 1990's, California's response to BRAC was  
          primarily focused on assisting local communities in the reuse of  
          shuttered military bases. In 1994, then-Governor Wilson issued  
          an Executive Order (W-87-94) which directed OPR to coordinate  
          the state's effort to assist local communities in developing  
          strategies to protect California bases from further closings, as  
          a means of focusing on the importance military bases have on the  
          state's economy.
           
          Subsequent legislation (AB 639, Alby, 1998 and SB 1099, Knight,  
          1999) codified an Office of Military Base Retention and Reuse  
          (OMBRR), placing it within the Technology, Trade and Commerce  
          Agency (TTCA) and outlining the responsibilities of the office,  
          including the creation of a Defense Retention Grant Program. The  
          grant program aided local communities in preparing for future  
          BRAC rounds. SB 926 (Knight and Ashburn, 2004) then renamed  
          OMBRR to the Office of Military and Aerospace Support (OMAS),  
          signifying the close relationship between military and aerospace  
          activities. OMAS exited through the 2005 BRAC round and  
          subsequently sunsetted in January of 2007.

          Unlike previous rounds, the fifth BRAC round (2005) focused more  
          on realignment than closure. Along with saving money, a top  
          priority was military force readiness, consolidating assets onto  
          centralized installations from which they can be deployed  
          rapidly and flexibly in support of an evolving global situation,  
          and joint service missions. Implementation of the 2005 BRAC  
          recommendations was completed in 2011.

          When a military installation is closed or its tenant units  
          merely downsized, the communities in the area are adversely  
          affected, particularly in the short-term. Military and civilian  
          personnel face the loss or relocation of jobs. The uniformed  
          personnel expect to be transferred regularly, but civilian  
          workers on base usually are long-term local residents. 

          Local retailers who support the bases directly or indirectly  
          suffer serious revenue decreases and may even be forced to  
          close. Area governments lose revenues needed to maintain  
          services and infrastructure. In addition, the negotiation and  
          execution of land transfer, environmental cleanup, and  
          redevelopment of the properties can be a challenging, alien  
          process to communities.








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          The enabling BRAC statute typically provides a variety of  
          mechanisms for disposing of property at closed or realigned  
          military installations. In the past, some federal real property  
          has been made available by public benefit conveyances for  
          airport, education, and homeless assistance. Some have been  
          converted to military reserve component bases. Others have been  
          transferred to native American tribes. For some properties,  
          economic development conveyances have been awarded to local  
          redevelopment authorities. Some have been put up for public  
          sale.

          The 2005 BRAC Commission recommended that Congress authorize  
          another BRAC round in 2015, and then every 8 years thereafter.  
          In 2012 then-Defense Secretary Leon Panetta called for two BRAC  
          rounds for 2013 and 2015, but Congress rejected Panetta's  
          requests and also declined to fund a Pentagon request in 2014 to  
          fund another BRAC round.
           

          COMMENT
            Author Statement
             
            "California is home to over 30 major federal military  
            installations and commands, which generate over $71 billion in  
            direct spending, and employ more than 350,000 Californians.   
            And yet, in spite of the economic benefits, the jobs, our  
            universities and intellectual capital, and our strategic  
            location, we've absorbed a disproportionate share of losses in  
            the federal base relocation and closure rounds.  In fact, over  
            the last four BRAC rounds, not only did we lose more federal  
            military jobs here in California than the combined losses of  
            all other states, we lost 300,000 private sector defense  
            industry jobs. AJR 11 sends a clear message to our leaders in  
            Washington that we stand united to protect the jobs,  
            innovation, and industry that our economy depends upon."

           Current Related Legislation

            1) SB 506 (Fuller, 2015)

               a.      Establishes a process for the designation of a  
                 local retention authority to serve as the lead local  
                 government entity responsible for efforts to retain local  








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                 military installations. (Pending, suspense file, Senate  
                 Appropriations)

               b.     Creates the Military and Aerospace (MA) Program  
                 under the Governor's Office of Business and Economic  
                 Development (GO-Biz) to address concerns relating to  
                 state and local defense retention, base conversion and  
                 base reuse activities.

           2) AB 442 (Irwin, 2015) codifies the Governor's Military  
             Council, under the direction of the California Military  
             Department, and provides for appointment to the council by  
             the Governor. (Pending, Senate Veterans Affairs)

           3) AB 1080 (Obernolte, 2015) authorizes the Department of  
             Finance to find that an agreement between a former  
             redevelopment agency and a joint powers authority that was  
             created to exercise the powers provided by the Military Base  
             Reuse Authority Act is an enforceable obligation. (Pending,  
             Assembly Local Government)

           Prior Related Legislation
           
           1) SB 245 (Rubio, 2011) would have re-established the Office of  
             Military Support within OPR for the purpose of serving as a  
             clearinghouse for state activities related to the military,  
             including base closures. (Died on Suspense, Assembly  
             Committee on Appropriations)

           2) AB 2711 (Portantino, 2008)  Would have required the  
             Secretary of Business, Transportation, and Housing Agency (BT  
             & H) to develop a comprehensive state technology and  
             innovation plan. Included a provision that extended the  
             sunset date for OMAS from January 1, 2009 to January 1, 2012.  
             (Died on Suspense, Assembly Committee on Appropriations)

           3) SB 1698 (Ashburn, Chapter 681, Statutes of 2006) extended  
             the authority for OMAS for two years, until January 1, 2009,  
             and expanded the duties of the OMAS to include outreach to  
             the aerospace industry for the purpose of fostering aerospace  
             enterprises in California.

           4) AB 2565 (Parra, Chapter 763, Statutes of 2004) requires that  
             the strategic plan originally prepared by the California  








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             Defense Retention and Conversion Council as it existed in  
             1998 be updated.

           5) AB 1202 (Laird, Chapter 330, Statues of 2005) replaced  
             obsolete references to the Defense Conversion Council with  
             OMAS and revised the definition of military bases, required  
             the Director of OPR to select a mediator, in consultation  
             with the federal Office of Economic Adjustment, to reach  
             agreement among different jurisdictions on a local reuse  
             entity in the event that the multiple local governments  
             cannot agree on a single reuse entity for each base.

           6) SB 926 (Knight and Ashburn, Chapter 907, Statutes of 2004)  
             consolidated the defense retention and conversion efforts in  
             the state. The bill changed the name of OMBRR to OMAS,  
             transferred its functions to BTH, and set forth its duties  
             and authority with respect to state and local defense  
             retention and conversion, consolidating all such programs  
             under a single office within state government. The bill also  
             provided for the use of state Infrastructure and Economic  
             Development Bank funds by local governments to develop  
             projects on or near a military base that enhance the base's  
             mission.

           7) SB 296 (Soto, 2001) would have enacted the Department of  
             Defense Operational Effectiveness Preparedness Act to help  
             prevent any further base closures in the state. (Referred but  
             not heard in Senate Committee on Governmental Organization)

           8) SB 1099 (Knight, Chapter 425, Statutes of 1999), the  
             California Defense Retention and Conversion Act,  
             reconstituted the defunct Defense Conversion Council as the  
             California Defense and Retention and Conversion Council as  
             well as required the establishment of a Defense Retention  
             Grant Program.

           9) AB 639 (Alby Chapter 952, Statutes of 1998) enacted the  
             Defense Conversion, Reuse and Retention Omnibus Act which was  
             designed to assist communities in both closure and retention  
             efforts.

           10)             SB 268 (Roberti, Chapter 441, Statutes of 1993)  
             created the Defense Conversion Matching Grant Program,  
             administered by the Office of Strategic Technology within the  








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             Trade and Commerce Agency, and overseen by the Defense  
             Conversion Council. Also appropriated $5.5 million from the  
             Petroleum Violation Escrow Account to fund defense conversion  
             efforts.

           11)             SB 458 (Hart, Chapter 445, Statutes of 1993)  
             enacted the California Defense Conversion Act of 1993 to  
             enable the state to assume a leadership role in converting to  
             a peacetime economy. Also created a 15-member Defense  
             Conversion Council in the Trade and Commerce Agency with  
             prescribed powers and duties, including the establishment of  
             criteria for designation of regional technology alliances.


           POSITIONS
           
          Sponsor:  Author

          Support:

          American Legion, Department of California
          AMVETS, Department of California
          California Association of County Veterans Service Officers
          California State Commanders Veterans Council
          Los Angeles, County of
          Los Angeles County Economic Development Corporation
          Military Officers Association of America, California Council of  
          Chapters
          Rural County Representatives of California
          Veterans of Foreign Wars, Department of California
          Vietnam Veterans of America, California State Council


          Oppose:   None received


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