BILL ANALYSIS �
AB 495
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Date of Hearing: May 27, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 495 (Logue) - As Amended: May 5, 2011
Policy Committee: Business and
Professions Vote: 8-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes the Director of General Services (DGS) to
transfer to Butte County a 2.29-acre state property previously
declared surplus to the state's needs and authorized for sale or
transfer pursuant to current law. Specifically, this bill:
1)Authorizes DGS to transfer the Harts Mill Forest Fire Station
(HMFFS), located in Berry Creek, to Butte County.
2)Requires the county to reimburse DGS for reasonable
administrative costs of the transfer.
3)Requires the county to maintain the property in perpetuity for
parks or open space purposes.
FISCAL EFFECT
Transferring the property to the county in lieu of selling the
property could result in a one-time General Fund revenue loss of
around $130,000, based on a DGS 2010 appraisal of the property.
(The county's April 2011 appraisal estimates a value of
$100,000. The state put the property up for sale by competitive
bidding in April and received no bids. The DGS website currently
shows that the department is offering the property for $135,000
or best offer.)
COMMENTS
1)Background . SB 136 (Huff)/Chapter 166 of 2009, authorized DGS
to dispose all or any portion of the HMFFS. Current law
AB 495
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requires DGS, if surplus property is not needed by any other
state, and prior to being offered for sale to private entities
or individuals, to offer the property to the appropriate local
government(s) for local government facilities, parks and
recreation, open-space, or low- or moderate-income housing.
This right-of-first refusal period to local government extends
for only 60 days.
A local recreation district notified DGS of its interest in
HMFFS and entered into negotiations, but eventually declined
to purchase the property. Butte County then became interested
in the property, but could not negotiate with the state as the
60-day period for right-of-first refusal had expired. The
state put the property up for sale by competitive bidding last
month and received no bids, except for a bid from the county
that offered a land swap for a 1.3-acre parcel of county
property along Highway 162 near the Gold County Casino. The
department indicates that it is not interested in the land
swap.
2)Purpose . According to the author's office, the HMFFS is
blighted, including a contaminated well and asbestos on site.
The author believes it is highly unlikely that the state could
make a profit on a private sale. Despite its detriments, the
site is a historical landmark for the community of Berry
Creek, and residents have actively advocated for a multi-use
community center and park on its location.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081