BILL NUMBER: AB 1052	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 18, 2011

   An act relating to state property  , and making an
appropriation therefor.   . 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1052, as amended, Garrick. State property: surplus. 
   (1) Existing 
    Existing  law authorizes the Director of General
Services to dispose of state surplus property, subject to specified
conditions, including authorization by the Legislature.
   This bill would authorize the director to  dispose of a
specified parcel of state property   enter into an
agreement with the City of Carlsbad for the exchange of specified
parcels of real property subject to certain   conditions
 . 
   (2) The California Constitution provides that the proceeds from
the sale of surplus state property be used to pay the principal and
interest on bonds issued pursuant to the Economic Recovery Bond Act
until the principal and interest on those bonds are fully paid, after
which these proceeds are required to be deposited into the Special
Fund for Economic Uncertainties. Existing statutory law similarly
requires that the net proceeds received from any real property
disposition be paid into the Deficit Recovery Bond Retirement Sinking
Fund Subaccount, a continuously appropriated fund, until the bonds
issued pursuant to the act are retired.  
   By increasing the amount transferred into a continuously
appropriated fund, this bill would make an appropriation. 
   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Director of General Services,
on behalf of the Department of Parks and Recreation, is hereby
authorized to enter into a mutually beneficial agreement with the
City of Carlsbad, San Diego County, for the exchange of real property
as specified in this section. The real property to be offered by the
state consists of portions of the property known as South Carlsbad
State Beach located near El Arbor Drive and Manzano Drive in the City
of Carlsbad. The real property to be offered by the city consists of
a portion or portions of excess property created through the
redesign and realignment of Carlsbad Boulevard.  
   (b) The City of Carlsbad shall reimburse the state for the
difference in the appraised value of the property that is to be
exchanged, if the state is found to be receiving less value, and for
reasonable administrative costs incurred to complete the transfer of
title.  
   (c) The City of Carlsbad shall be solely responsible for
compliance with the California Environmental Quality Act (Division 13
(commencing with Section 21000)) in connection with the transfer of
property ownership. The City of Carlsbad shall be solely responsible
for compliance with Section 6(f)(3) of the federal Land and Water
Conservation Fund Act of 1965 (Public Law 88-578).  
   (d) The exchange of lands carried out pursuant to this section
shall be based on current fair market value and subject to the terms
and conditions, and with the reservations, restrictions, and
exceptions, that the Director of General Services determines are in
the best interests of the state, including the condition that the
exchange shall result in no net cost or loss to the state. 

  SECTION 1.    The Director of General Services may
dispose of all or any portion of the following parcel of real
property pursuant to Section 11011.1 of the Government Code:
   (a) Parcel 1, consisting of an approximately 6-acre portion of the
18-acre parcel, known as the South Carlsbad State Beach, located
near El Arbor Drive and Manzano Drive, in Carlsbad, San Diego County.