BILL ANALYSIS                                                                                                                                                                                                    






          SENATE PUBLIC EMPLOYMENT & RETIREMENT    BILL NO: AB 2680
          Nell Soto, Chair              Hearing date: June 14, 2004
          AB 2680 (Negrete McLeod) as amended  April 22, 2004       
          FISCAL:   NO

           STRS:  HEADQUARTERS BUILDING LOCATION
           
           HISTORY  :  
           
              Sponsor:  California State Teachers Retirement System  
          (STRS)

              Prior legislation:  See below

           ASSEMBLY VOTES  :

              PER & SS                  8-0       5/05/04
              Assembly Floor            77-1      5/20/04
           
          SUMMARY  :

          Would authorize STRS Board (Teachers' Retirement Board) to  
          conduct real estate activities relating to the location of  
          their headquarters building.


           ANALYSIS  :

          1)   Existing STRS law  :

            a)  authorizes the Teachers' Retirement Board to remodel,  
            equip, or construct a headquarter building  in Sacramento  
            County  for the State Teachers' Retirement System, and 

            b)  authorizes the Board of Administration of the Public  
            Employees' Retirement System (PERS Board) to acquire  
            property for the use of STRS and other state retirement  
            systems.

          2)   This bill  :

            a)  authorizes the Teachers' Retirement Board to remodel,  
            equip, or construct an office building  in the greater  
            metropolitan Sacramento area  including the City of  
          David Felderstein
          Date: June 3, 2004                                     Page 1  









            Sacramento, the County of Sacramento, and the eastern part  
            of Yolo County, for the purposes of establishing a  
            headquarters for the system, and

            b)  removes STRS from the systems for which the PERS Board  
            has the authority to acquire property.





































          David Felderstein
          Date: June 3, 2004                                     Page 2  









           FISCAL EFFECT  :
          
               None

           COMMENTS  :

          1)   Background  

           This bill  expands the geographic area in which STRS may  
          locate its headquarters within metropolitan Sacramento to  
          include eastern Yolo County, and eliminates an unused  
          provision in  existing law  that authorizes the PERS Board to  
          lease, purchase, or construct offices for STRS' use.

          Under the provisions of the Property Acquisition Law (Part 11  
          of Division 3, Title 2 of the Government Code), the Director  
          of the State Department of General Services (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 STRS  
          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  
          STRS staff for the last twenty years.

          The STRS headquarters facility has been held in the real  
          estate investment portfolio of the Teachers' Retirement Fund  
          (STRS Fund) since its acquisition.  At various times in the  
          past, STRS has leased space in its East Sacramento  
          headquarters to both governmental and private entities to  
          generate additional revenue for the STRS Fund.  As with all  
          STRS investments in real property in California, the STRS  
          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.

          David Felderstein
          Date: June 3, 2004                                     Page 3  









          2)   Arguments in Support

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






























          David Felderstein
          Date: June 3, 2004                                     Page 4  









          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 STRS  
          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.

           This bill  also eliminates an unused provision in existing law  
          that allows the PERS Board to lease, purchase, or build  
          offices for STRS' use.  This provision, enacted in 1977,  
          anticipated PERS would include STRS in its new headquarters  
          building which became Lincoln Plaza in downtown Sacramento,  
          however, with the passage of Chapter 1429 and STRS' purchase  
          of a headquarters building in 1984, the need for this  
          authorization has long passed.  PERS 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.

          3)   SUPPORT  :

               Yolo County Board of Supervisors

          4)   OPPOSITION  :

               None to date


          David Felderstein
          Date: June 3, 2004                                     Page 5  



















                                      #####
































          David Felderstein
          Date: June 3, 2004                                     Page 6