BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2247 (Williams) - Armories
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|Version: April 14, 2016 |Policy Vote: G.O. 12 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Debra Cooper |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: AB 2247 would provide the City of Santa Barbara or the
Santa Barbara Unified School District the option to purchase the
Santa Barbara National Guard Armory until July 1, 2017.
Fiscal
Impact:
One-time costs to the Department of General Services (DGS) of
$35,000 to appraise and sell the armory. This cost will be
borne by the Property Acquisition Law Account and subsequently
reimbursed from armory sale proceeds.
Net proceeds from the sale will be deposited into the Armory
Fund.
Background: The California Military Department (CMD) operates
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approximately 100 active armory sites throughout the state which
are used for unit training, mobilizing and housing troops when
the National Guard responds to wildfires, and serving as
emergency operations centers for other first-responder agencies.
A number of armories are made available each year by the CMD to
counties and cities for providing a temporary homeless shelter
during the winter months.
According to the author, many "community and civic facilities
are immediately adjacent to or near the Santa Barbara Armory,
including a Boys and Girls Club, Ortega Park, and Girls Inc."
This would make the armory an ideal site for school,
educational, and recreational programs.
The federal government pays for 75% of an armory's construction
costs; while the state pays the remaining 25% and donates the
land. The state then manages the armory and pays for all
operational and maintenance costs. After 25 years, the federal
government fully transfers all ownership rights to the state.
Only in instances where the armory sits on federal land does the
state lack the authority to sell the armory.
Existing law requires each state agency to annually review all
proprietary state lands under its jurisdiction to determine if
any properties are in excess of the agency's foreseeable needs,
and to report such properties to DGS. DGS is then authorized to
sell, lease, or exchange surplus properties in the best
interests of the state. DGS uses the Property Acquisition Law
account to pay the upfront costs including, but not limited to,
appraisal fees, advertising expenses, and title searches that
are required to sell the property. Once a property is sold, the
Property Acquisition Law account is reimbursed from the
proceeds.
Existing law treats the CMD differently from other state
agencies, granting it separate authority to manage, sell, and
lease its property. Legally and functionally, an unused armory
is not a surplus property, but rather assets that CMD must
properly manage. Existing law provides that all net proceeds
from the sale, lease, or exchange of armories are to be
deposited into the Armory Fund.
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Proposed Law:
This bill would:
Require the Director of General Services, with the approval of
the Adjutant General, to grant the City of Santa Barbara or
the Santa Barbara Unified School District an option to
purchase the Santa Barbara Armory. The option would expire on
July 1, 2017.
Specify that any purchase agreement shall include terms and
conditions determined by the Director of General Services to
be in the best interest of the state based on the fair market
value of the armory, based on the zoning as it existed on
March 1, 2016, as determined by an appraisal undertaken and
approved by the Director of General Services.
Define the property comprising the "Santa Barbara Armory."
Related
Legislation:
SB 536 (Roth, Chapter 355, Statutes of 2015) authorizes the sale
of seven specific armories, including the Santa Barbara Armory
and requires that net proceeds, as defined, from the sale or
lease of an armory are to be deposited into the Armory Fund.
SB 1481 (Senate Committee on Governmental Organization, Chapter
528, Statutes of 2010) requires that the proceeds from the sale
of armories must be deposited in the Armory Fund, and upon
appropriation by the Legislature, used for the maintenance of
existing armories and for the acquisition or construction of new
or replacement armories.
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