BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: AB 1614 HEARING: 6/13/12
AUTHOR: Monning FISCAL: No
VERSION: 3/12/12 TAX LEVY: No
CONSULTANT: Weinberger
FORT ORD REUSE AUTHORITY
Extends the Fort Ord Reuse Authority Act's sunset date.
Background and Existing Law
The end of the Cold War forced the Pentagon to adjust to
new geopolitical realities. Federal officials closed or
realigned nearly three dozen military bases in California.
To coordinate the transition of the former Fort Ord
(Monterey County), the Legislature passed the Fort Ord
Reuse Authority Act, which created the Fort Ord Reuse
Authority (FORA) to adopt a Fort Ord Reuse Plan (SB 899,
Mello, 1994). FORA adopted its Final Base Reuse Plan in
1997. The Final Base Reuse Plan for Fort Ord lays out the
future land uses for the 45-square mile former Army base,
including areas for housing, commerce, recreation, public
uses, and open space.
FORA has a governing body of 13 voting members and 11
non-voting members comprised of representatives from
cities, Monterey County, special districts, public
educational institutions, the military, and state and
federal legislators. It is FORA's responsibility to
complete the planning, financing, and implementation of
reuse as described in the base reuse plan that was adopted
in 1997.
The state laws authorizing FORA become inoperative either
when the authority's board determines that 80% of the
territory that is designated for development or reuse in
the base reuse plan has been developed or reused in a
manner consistent with the plan or on June 30, 2014,
whichever occurs first. The statutes are automatically
repealed on January 1, 2015. The Monterey County Local
Agency Formation Commission must provide for FORA's orderly
dissolution, including insuring that all contracts,
AB 1614 -- 3/12/12 -- Page 2
agreements, and pledges to pay or repay money entered into
by the authority are honored and properly administered, and
that all assets of the authority are appropriately
transferred.
FORA officials say that lawsuits, unexpected challenges
relating to munitions removal, and the economic downturn
are among the factors that have delayed the base reuse
plan's implementation, which is approximately 20% complete.
They worry that allowing FORA's statutory authority to
expire in 2014 will make it more difficult to complete the
remaining implementation work. FORA officials want the
Legislature to extend the Fort Ord Reuse Authority Act's
sunset date, allowing FORA to continue its role in
overseeing the base reuse plan's implementation.
Proposed Law
Assembly Bill 1614 extends, from June 30, 2014 to June 30,
2024, the date by which the Fort Ord Reuse Authority Act
must become inoperative. AB 1614 extends, from January 1,
2015, to January 1, 2025, the date on which the Act is
repealed.
AB 1614 requires FORA's board to approve and submit a
transition plan to the Monterey County Local Agency
Formation Commission on or before December 30, 2022, or 18
months before the anticipated inoperability date of the
Fort Ord Reuse Authority Act, whichever occurs first. The
transition plan must assign assets and liabilities,
designate responsible successor agencies, and provide a
schedule of remaining obligations. The transition plan
must be approved by a majority vote of the board.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . Extended litigation, the recent
economic downturn, and unexpected challenges related to
munitions removal and permit approvals all contributed to
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the Fort Ord Reuse Authority making slower-than-expected
progress in implementing its base reuse plan. Granting the
Fort Ord Reuse Authority an additional 10 years in which to
implement the authority's base reuse plan will allow it to
complete important projects that require regional
management, like munitions removal, contaminated building
deconstruction and removal, habitat conservation, and
planning and constructing a veterans' cemetery. Without an
extension of its statutory authority, the responsibility
for implementing the base reuse plan will devolve to a
variety of local agencies, which may not be well equipped
to complete some of the remaining projects that are
technically complex and require regional collaboration. AB
1614 allows FORA to continue its role in fostering a
collaborative approach to the Fort Ord reuse effort,
enhancing the economy and quality of life in the Monterey
Bay community and the California Central Coast.
2. Broader reforms . Some local stakeholders in the base
reuse process object to extending FORA's authority to
operate for 10 more years without also making other reforms
to FORA's operations. These stakeholders express concerns
about FORA's development priorities, governance structure,
and fiscal accountability and want FORA to update the base
reuse plan. They want FORA to:
Stop approving development on undeveloped land
before the completion of construction on lands
containing barracks and other structures.
Re-designate all significant oak groves and
specified recreation trails as permanent open space.
Update the Base Reuse Plan, including a
re-evaluation of traffic, water supply, and wastewater
infrastructure challenges.
Operate more transparently, making meeting agendas,
minutes, and annual reports more available to the
public.
The Committee may wish to consider whether the extension of
FORA's sunset date should be conditional on the
implementation of broader reforms.
3. Timing is everything . The 1994 Mello Legislation that
created FORA gave the authority nearly 20 years to work on
reuse of the former military base. As the end of that 20
year period approaches, the authority has only completed
approximately 20% of the base reuse plan. Granting FORA 10
more years raises questions about whether the authority
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will act more expeditiously over the next decade than it
has over the past two decades. Extending the Fort Ord
Reuse Authority Act for a shorter period of time would
provide greater opportunity for legislative oversight of
FORA's progress. It also could encourage FORA to move more
rapidly in implementing the base reuse plan and to
prioritize the completion of projects that require regional
coordination. The Committee may wish to consider amending
AB 1614 to extend the sunset dates in the Fort Ord Reuse
Authority Act by only six years.
Assembly Actions
Assembly Local Government Committee: 7-2
Assembly Floor: 55-14
Support and Opposition (6/7/12)
Support : American Legion-Department of California;
AMVETS-Department of California; City of Marina Mayor Bruce
Delgado; California Association of County Veterans Service
Officers; California State Commanders Veterans Council;
California State University Monterey Bay; Central Coast
Veterans Cemetery Foundation; Cities of Carmel-by-the-Sea,
Pacific Grove; Salinas, Sand City, Santa Cruz, Seaside,
Watsonville; Congressman Sam Farr; Fort Ord Reuse Authority
Board of Directors; Friends of Fort Ord Open Space
Solutions; Monterey Peninsula Chamber of Commerce; Monterey
Peninsula College; Monterey County Board of Supervisors;
Monterey County Business Council; Monterey/Santa Cruz
Counties Building & Construction Trades Council;
Transportation Agency for Monterey County; University of
California, Santa Cruz Chancellor George Blumenthal;
Ventana Chapter of the Sierra Club; Vietnam Veterans of
America-California State Council, individual letters.
Opposition : Fort Ord Rec Users; Friends of the Fort Ord
Warhorse; Keep Fort Ord Wild; LandWatch Monterey County;
Preston and Abrams Parks Tenants Association; individual
letters.