California Legislature—2015–16 Regular Session

Assembly BillNo. 166


Introduced by Assembly Member Beth Gaines

(Coauthors: Assembly Members Achadjian and Cooley)

January 22, 2015


An act to add Section 14672.54 to the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 166, as introduced, Beth Gaines. Department of General Services.

Existing law authorizes the Department of General Services to lease property belonging to the state, as specified. Existing law authorizes the Department of General Services, with the consent of the Department of Corrections and Rehabilitation, to lease a parcel of unimproved real property within the grounds of the California State Prison at Folsom for a water reservoir, as specified.

This bill would require the Department of General Services, with the consent of the Department of Corrections and Rehabilitation, to lease vacant real property on the grounds of California State Prison at Folsom to a nonprofit entity formed especially for the implementation of the construction and operation of a peace officers memorial and museum facility at the prison. The bill would require, among other things, that the lease not exceed a 50-year term. The bill would provide that the construction and operation of the memorial and museum facility by the lessee pursuant to the lease are solely the responsibility of the lessee.

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

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

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SECTION 1.  

Section 14672.54 is added to the Government
2Code
, to read:

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14672.54.  

(a) Notwithstanding Section 14670, the Department
4of General Services shall, upon terms and conditions in the best
5interest of the state, lease vacant real property on the grounds of
6California State Prison at Folsom to be determined and consented
7to by the Department of Corrections and Rehabilitation for the
8construction and operation of a peace officers memorial and
9museum facility. The lessee shall be a nonprofit entity formed
10specifically for the implementation of the construction and
11operation of a peace officers memorial and museum facility at the
12prison. The peace officers memorial and museum facility shall be
13operated for the benefit of the general public and members of the
14lessee.

15(b) The Department of General Services shall lease the property
16described in subdivision (a) for a term not to exceed 50 years.

17(c) The operation of the museum facility described in
18subdivision (a) shall include, but is not limited to, museums,
19conference rooms, classrooms, exhibits, workshops for artifact
20preservation and repair, secure storage, parking, a gift shop, and
21a cafeteria, snack bar, or dining area.

22(d) The Department of General Services shall lease the property
23described in subdivision (a) in “as is” condition. The lease shall
24provide that the lessee shall be fully responsible for the
25maintenance and operation of the memorial and museum facility
26in a manner that does not conflict with the operation of adjacent
27correctional facilities or become a public nuisance to the
28community. The state shall not have any liability for any
29improvement, construction, operation, or maintenance of the
30memorial or museum facilities.

31(e) The lease shall require the lessee to initiate construction of
32the memorial and museum facility within 48 months of the
33beginning of the lease term and have substantially completed
34construction within 72 months of the beginning of the lease term.
35The Department of General Services, with the approval of the
36Department of Corrections and Rehabilitation, shall provide any
37utility easements required by a public utility for construction of
38the memorial and museum facility by the lessee under terms and
P3    1conditions in the best interest of the state. Utilities connections
2constructed by the lessee to the memorial and museum facility
3shall be separate from existing utilities used by the state and
4installed at the expense of the lessee.

5(f) The lease shall require that, if at any time during the term of
6the lease the lessee determines that the property is no longer needed
7for a memorial or museum facility or if the Department of General
8Services determines that the lessee substantially abandoned the
9leased property, the leased property and all improvements to the
10leased property shall revert to the state. The lease shall provide
11that, at the sole discretion of the Department of General Services,
12the lessee shall demolish and remove all improvements and restore
13the premises to the preleased condition at the lessee’s expense,
14and if the lessee fails to restore the leased property as directed by
15the Department of General Services, the state may do so and all
16costs of the demolition and restoration shall be paid by lessee.

17(g) The construction and operation of the memorial and museum
18facility pursuant to the lease authorized by this section are solely
19the responsibility of the lessee and shall not be considered public
20works.

21(h) The lease shall require the lessee to pay all administrative
22costs incurred by the Department of General Services associated
23with the development and management of the lease and any
24required easements.

25(i) The lease authorized by this section shall be subject to
26periodic review every five years by the director who shall receive
27a report from the lessee and shall review that report to determine
28whether the purposes of the lease are being carried out.



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