BILL ANALYSIS �
AB 495
Page 1
Date of Hearing: May 3, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 495 (Logue) - As Introduced: February 15, 2011
SUBJECT : State property: Harts Mill Forest Fire Station:
transfer.
SUMMARY : Requires the Department of General Services (DGS) to
transfer a surplus state property, known as the Harts Mill
Forest Fire Station (HMFFS), to Butte County, free of cost.
Specifically, this bill :
1)Requires DGS to transfer to Butte County, the state property
that consists of approximately 2.76 acres, known as the HMFFS
(Old), located at Oro-Quincy Highway, in Berry Creek, Butte
County, at no cost to Butte County, other than reasonable
costs incurred by DGS in performing the transfer.
2)Requires Butte County to:
a) Accept the property as is; and,
b) Maintain the property for parks and open-space purposes
or the property reverts back to the state.
EXISTING LAW :
1)Declares the HMFFS surplus state property.
2)Requires DGS to perform various functions with respect to
state property, and provides for the sale, lease, or transfer
of surplus state property, upon authorization by the
Legislature. Each state agency is required to annually review
proprietary state lands under its jurisdiction to determine
what lands are in excess of the agency's foreseeable needs and
to report their findings to DGS.
3)Provides criteria for state agencies to use in determining and
reporting to DGS lands in excess of the agency's foreseeable
needs. Under existing law, DGS is responsible for determining
if surplus land is needed by any other state agency. The law
also provides that if the land is not needed by another state
AB 495
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agency, the property shall be offered to local governments for
local government facilities, parks and recreation, open-space,
low or moderate income housing, and local schools.
4)Requires, among other things, that the proceeds from the sale
of surplus state property, with specified exceptions, be used
to pay the principal and interest on the Recovery Bond Act of
2004.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "SB 136
(Huff), Chapter 166, Statues of 2009, declared HMFFS surplus
property, and tasked DGS with disposing of it. This property is
blighted - there is a contaminated well and asbestos on site -
which would make it highly unlikely for the state to make a
profit on a private sale, and at the very least, would prevent
it from being of use to the community. Despite its detriments,
the site is a historical landmark for the community of Berry
Creek in Butte County and residents have actively advocated for
a multi-use community center and park on its location."
Background . SB 136 (Huff), Chapter 166, Statutes of 2009,
authorized DGS to dispose all or any portion of the specified
parcel of state-owned surplus real property, known as HMFFS in
Berry Creek, Butte County.
Existing law (Government Code Section 11011.1) requires DGS to
determine if surplus land is needed by any other state agency.
The law also provides that if the land is not needed by another
state agency, the property shall be offered to local governments
for local government facilities, parks and recreation,
open-space, or low or moderate income housing prior to being
offered for sale to private entities or individuals. Butte
County notified DGS of its interest and entered into
negotiations to purchase HMFFS, but declined to purchase the
property after receiving the first right of refusal. Several
private parties have expressed interest in purchasing HMFFS, and
DGS is currently in the process of putting HMFFS out to bid.
DGS is already exercising its authority to dispose of HMFFS and
this legislation may be moot if DGS sells HMFFS to a private
party. The committee may wish to consider whether it would be
appropriate to interrupt a pending DGS sale in which proceeds
AB 495
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would be used to pay off bond debt, or to offer a donative
transfer to a local entity.
Under the provisions of Proposition 60A, the proceeds of the
sale of surplus property must be used to pay the holders of the
state's deficit reduction bonds. These payments are intended to
accelerate the redemption of the state's debt, and reduce future
General Fund payments to the bondholders.
Committee Amendments . The following are suggested committee
amendments to include authorizing language for the property
transfer and remove the provision offering the HMFSS property at
no cost. The amendments also reaffirm the provisions on state
property transfers.
On page 1, line 2, strike out "shall" and insert "may"
On page 2, strike out lines 1 to 3, inclusive, and insert "(b)
If the property is transferred pursuant to this section,
including the requirements in subdivision (c), the County of
Butte shall be responsible for reimbursing the Department of
General Services for the reasonable costs incurred by the
department in performing the transfer."
On page 2, line 13, strike out "This condition shall be" and
strike out line 14.
On page 2, line 15, after "The" insert "Legislature reaffirms
that the"
On page 2, line 17, after "Code" insert "and be eligible for
transfer pursuant to Section 11011.1 of the Government Code"
Support . According to the sponsor, Butte County, "Maintaining
�HMFFS] property for public uses will benefit not only the
community, but also �Butte] County and the State. The residents
will benefit from having a designated community meeting place, a
museum, and access to local recreational opportunities; the
County Fire Department will benefit from access to vital water
sources on the property for this fire-prone area, as will CAL
FIRE; and the residents, �Butte] County and State will benefit
from a more consistent local presence of a Deputy Sheriff who
will have access to office space on the property."
Previous Legislation . SB 136 (Huff), Chapter 166, Statutes of
AB 495
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2009, authorized DGS to dispose all or any portion of the
specified parcel of state-owned surplus real property, known as
HMFFS in Berry Creek, Butte County.
REGISTERED SUPPORT / OPPOSITION :
Support
Butte County (sponsor)
Butte County Fire Department
Feather River Recreation and Park District
Numerous individuals
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301