BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2680
                                                                  Page  1

          Date of Hearing:   May 5, 2004

            ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL  
                                      SECURITY
                            Gloria Negrete McLeod, Chair
                AB 2680 (Negrete McLeod) - As Amended:  April 22, 2004
           
          SUBJECT  :  State Teachers' Retirement System: headquarters  
          building. 

           SUMMARY  :  Authorizes the Teachers' Retirement Board to conduct  
          specified real estate activities.  Specifically,  this bill  :  

          1)Authorizes the Teachers' Retirement Board to remodel, equip,  
            or construct an office building in the greater metropolitan  
            Sacramento area including the City of Sacramento, the County  
            of Sacramento, and the eastern part of Yolo County, for the  
            purposes of establishing a permanent headquarters facility for  
            the system. 

          2)Removes the State Teachers' Retirement System from the systems  
            for which the Public Employees' Retirement Board has the  
            authority to acquire property.

           EXISTING LAW  

          1)Authorizes the Teachers' Retirement Board to remodel, equip,  
            or construct an office building in Sacramento County for a  
            permanent headquarters facility for the State Teachers'  
            Retirement System.  
          2)Authorizes the Board of Administration of the Public  
            Employees' Retirement System to acquire property for the use  
            of the State Teachers' Retirement System and other state  
            retirement systems. 

           FISCAL EFFECT  :  According to CalSTRS, the authorization provided  
          by this bill does not assume any costs for actual construction  
          because the Board has made no final decision regarding a site.   
          The bill is designed to provide an option to pursue geographical  
          areas other than Sacramento County.

           COMMENTS  :   

          Assembly Bill 2680 expands the geographic area in which the  
          California State Teachers' Retirement System (CalSTRS) may  








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          locate its headquarters facility within metropolitan Sacramento  
          to include eastern Yolo County, and eliminates an unused  
          provision in existing law that authorizes the Board of  
          Administration of the California Public Employees' Retirement  
          System (CalPERS) to lease, purchase, or construct offices for  
          CalSTRS' use.
           
           Under the provisions of the Property Acquisition Law (Part 11 of  
          Division 3, Title 2 of the Government Code), the Director of the  
          DGS is generally authorized to hire, lease, lease-purchase, or  
          lease with the option to purchase any real or personal property  
          for the use of any state agency if the director deems the hiring  
          or leasing is in the state's best interest. Section 22375 of the  
          Education Code specifically exempts CalSTRS from these  
          provisions and allows the Teachers' Retirement Board to lease,  
          purchase or build an office building within Sacramento County to  
          serve as a headquarters facility for the System. In 1984, the  
          Board purchased the System's existing headquarters building in  
          East Sacramento, which has housed CalSTRS staff for the last  
          twenty years.

          The CalSTRS headquarters facility has been held in the real  
          estate investment portfolio of the Teachers' Retirement Fund  
          (Fund) since its acquisition.  At various times in the past,  
          CalSTRS has leased space in its East Sacramento headquarters to  
          both governmental and private entities to generate additional  
          revenue for the Fund.  As with all CalSTRS investments in real  
          property in California, the Fund pays no property taxes that  
          would otherwise be imposed on private holdings, and instead, all  
          non-governmental tenants in these investment properties are  
          required to pay in-lieu taxes. 

           Arguments in Support
            
           As a result of legislation enacted in recent years, CalSTRS has  
          expanded its programs and operations to a point where it is now  
          occupying parts of three buildings in East Sacramento.  
          Consequently, the Board directed CalSTRS staff to evaluate the  
          System's long-term facility needs that would allow the System to  
          consolidate its operations to provide for more efficient  
          administration of the System. After narrowing the number of  
          possible locations for a new headquarters facility, CalSTRS  
          staff is nearing a point in the planning process where a  
          recommendation will be made to the Board. 









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          While existing law allows the Board to lease, purchase or build  
          office space within Sacramento County to serve as a headquarters  
          facility for the System, there may be properties outside of  
          Sacramento County, but within metropolitan Sacramento, that best  
          meet the administrative needs of CalSTRS and the service needs  
          of its members, and also present attractive commercial  
          investment and/or development opportunities. Without legislative  
          authorization to consider locations in eastern Yolo County, the  
          Board may be unable to choose an alternative that would provide  
          the best combination of improvements to member service and  
          returns to the Fund.

          The Legislature has previously recognized eastern Yolo County as  
          an appropriate location for state agency headquarters.  For  
          example, the headquarters of the Department of General Services  
          is located in leased office space in an existing building along  
          the West Sacramento waterfront and the Highway Patrol houses its  
          training facility and administrative operations near the  
          northern edge of the city.  In addition, Chapter 782, Statutes  
          of 1998 allows DGS to construct a state-owned office building in  
          West Sacramento for the Department of Corrections and other  
          specified state agencies.

          AB 2680 also eliminates an unused provision in existing law that  
          allows the CalPERS Board of Administration to lease, purchase,  
          or build offices for CalSTRS' use.  This provision, enacted in  
          1977, anticipated CalPERS would include CalSTRS in its new  
          headquarters building which became Lincoln Plaza in downtown  
          Sacramento, however, with the passage of Chapter 1429 and  
          CalSTRS' purchase of a headquarters building in 1984, the need  
          for this authorization has long passed.  CalPERS staff has  
          indicated that they have no concerns with the proposal and that  
          the change is consistent with their efforts to eliminate  
          unnecessary provisions of the Government Code that apply to  
          their agency.




           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          State Teachers Retirement System (Sponsor)









                                                                  AB 2680
                                                                  Page  4

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Clem Meredith / P.E., R. & S.S. / (916)  
          319-3957