AB 166, as amended, 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 wouldbegin delete requireend deletebegin insert authorizeend insert 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:
Section 14672.54 is added to the Government
2Code, to read:
(a) Notwithstanding Section 14670, the Department
4of General Servicesbegin delete shall,end deletebegin insert may,end insert upon terms and conditions in the
5best interest of the state, lease vacant real property on the grounds
6of California State Prison at Folsom to be determined and
7consented to by the Department of Corrections and Rehabilitation
8for the construction and operation of a peace officers memorial
9and museum 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 Servicesbegin delete shallend deletebegin insert mayend insert lease the
16property described in subdivision (a) for a term not to exceed 50
17years.
18(c) The operation of the museum facility described in
19subdivision (a) shall include, but is not limited to, museums,
20conference rooms, classrooms, exhibits, workshops for artifact
21preservation and repair, secure storage, parking, a gift shop, and
22a cafeteria, snack bar, or dining area.
23(d) The Department of General Servicesbegin delete shallend deletebegin insert mayend insert lease the
24property described in subdivision (a) in “as is” condition. The lease
25shall provide that the lessee shall be fully responsible for the
26maintenance and operation of the memorial and museum facility
27in a manner that does not conflict with the operation of adjacent
28correctional facilities or become a public nuisance to the
29community. The state shall not have any liability for any
30improvement, construction, operation, or maintenance of the
31memorial or museum facilities.
32(e) The lease shall require the lessee to initiate construction of
33the memorial and
museum facility within 48 months of the
34beginning of the lease term and have substantially completed
35construction within 72 months of the beginning of the lease term.
36The Department of General Services, with the approval of the
37Department of Corrections and Rehabilitation, shall provide any
38utility easements required by a public utility for construction of
P3 1the memorial and museum facility by the lessee under terms and
2conditions in the best interest of the state. Utilities connections
3constructed by the lessee to the memorial and museum facility
4shall be separate from existing utilities used by the state and
5installed at the expense of thebegin delete lessee.end deletebegin insert lessee, consistent with the
6rules of the utility service providers.end insert
7(f) The lease shall require that, if at any time during the term of
8the lease the lessee determines that the property is no longer needed
9for a memorial or museum facility or if the Department of General
10Services determines that the lessee substantially abandoned the
11leased property, the leased property and all improvements to the
12leased property shall revert to the state. The lease shall provide
13that, at the sole discretion of the Department of General Services,
14the lessee shall demolish and remove all improvements and restore
15the premises to the preleased condition at the lessee’s expense,
16and if the lessee fails to restore the leased property as directed by
17the Department of General Services, the state may do so and all
18costs of the demolition and restoration shall be paid by lessee.
19(g) The construction and operation of the memorial and museum
20facility pursuant to the lease authorized by this section are solely
21the responsibility of the lessee and shall not be considered public
22works.
23(h) The lease shall require the lessee to pay all administrative
24costs incurred by the Department of General Services associated
25with the development and management of the lease and any
26required easements.
27(i) The lease authorized by this section shall be subject to
28periodic review every five years by the director who shall receive
29a report from the lessee and shall review that report to determine
30whether the purposes of the lease are being carried out.
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