Senate BillNo. 1119


Introduced by Senator Wolk

February 17, 2016


An act to amend Section 11011.24 of the Government Code, relating to surplus state property, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 1119, as introduced, Wolk. Surplus state property: County of Napa.

Existing law authorizes the Director of General Services to sell or exchange, at fair market value based upon an appraisal approved by the Department of General Services, all or part of a specified parcel of state property only to the County of Napa upon those terms, conditions, reservations, and exceptions the director determines are in the best interest of the state, by January 1, 2015, and subject to other requirements. Existing law requires reimbursement of the Department of General Services for any cost or expense incurred in the disposition of the property from the proceeds of the disposition of the property. Existing law requires the proceeds from this sale to be deposited in the Deficit Recovery Bond Retirement Sinking Fund Subaccount until the bonds associated with this subaccount are finally paid.

This bill would extend the period within which the sale described above may be made to January 1, 2021. The bill would revise the reference to the Deficit Recovery Bond Retirement Sinking Fund Subaccount, given that the principal and interest on the bonds has been provided and no more bonds are outstanding. Consistent with requirements of the California Constitution, the bill would direct that proceeds be paid into the Special Fund for Economic Uncertainties, which is continuously appropriated. By depositing money in a continuously appropriated fund, the bill would make an appropriation.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Napa.

Vote: 23. Appropriation: yes. 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 11011.24 of the Government Code is
2amended to read:

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11011.24.  

(a) Except as provided in subdivisions (b) and (c),
4the Director of General Services may sell or exchange, pursuant
5to Section 11011.1, at fair market value based upon an appraisal
6approved by the Department of General Services, only to the
7County of Napa, upon those terms and conditions and subject to
8those reservations and exceptions the director determines are in
9the best interests of the state, all or any part of the following real
10property, by January 1,begin delete 2015,end deletebegin insert 2021,end insert after which date, if not sold
11or exchanged to the County of Napa, the property is no longer
12surplus and shall not be available for sale or exchange:

13Approximately 850 acres of property, currently leased to or
14controlled by the County of Napa as part of Skyline Park, located
15at the Napa State Hospital, 2100 Napa Vallejo Highway, Napa, in
16the County of Napa.

17(b) An agreement for the sale or exchange of the property
18identified in, and pursuant to, subdivision (a), shall require the
19County of Napa to retain title to the entire property sold or
20exchanged for use as a park or wilderness preserve, or in the event
21of the future sale or exchange of that property by the County of
22Napa, shall require the County of Napa, by recorded easement, to
23limit future uses of the property to a park or wilderness preserve.

24(c) An agreement for the sale or exchange of the property
25identified in, and pursuant to, subdivision (a), shall preserve Napa
26State Hospital’s ownership and use of the property known as Camp
27Coombs, and Camp Coombs shall not be part of the sale or
28exchange of the property. An agreement for the sale or exchange
29of the property shall include an easement, that shall be recorded,
30that provides Napa State Hospital with access to Camp Coombs.

31(d) The Department of General Services shall be reimbursed
32for any cost or expense incurred in the disposition of the property
33described in subdivision (a) from the proceeds of the disposition.
P3    1The net proceeds of any moneys received from the disposition of
2the property shall be paid into thebegin delete Deficit Recovery Bond
3Retirement Sinking Fund Subaccount,end delete
begin insert Special Fund for Economic
4Uncertainties,end insert
as established bybegin delete subdivision (f) of Section 20 of
5Article XVI of the California Constitution.end delete
begin insert 16418.end insert

6(e) The County of Napa may enter into an agreement with a
7nonprofit land trust or nonprofit conservation entity for the purpose
8of sharing the costs associated with making the sale or exchange
9authorized by this section, provided that all the requirements of
10this section, including, but not limited to, those of subdivision (b),
11are met.

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SEC. 2.  

The Legislature finds and declares that, because of the
13unique circumstances applicable to the County of Napa, a statute
14of general applicability cannot be enacted within the meaning of
15subdivision (b) of Section 16 of Article IV of the California
16Constitution. Therefore, this special statute is necessary.



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