AB 1503, as amended, Beth Gaines. Department of General Services.
Existing law authorizes the Department of General Services, with the consent of the Department of Corrections and Rehabilitation, to lease a parcel of unimproved real property within the grounds of the California State Prison at Folsom for a water reservoir, as specified.
This bill would require the Department of General Services, with the consent of the Department of Corrections and Rehabilitation, to lease vacant real property on the grounds of California State Prison at Folsom to the Old Guard Foundation, Inc. or a similar and related nonprofit entity, for the construction and operation of a peace officers memorial and museum facility. This bill would require that the lease, among other things, not exceed a 50-year term. This bill would provide that the construction and operation of the memorial and museum facility by the lessee pursuant to
the lease are solely the responsibility of the lesseebegin delete and exempts the construction and operation of the memorial and the museum facility from California Environmental Quality Actend delete.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 14672.54 is added to the Government
2Code, to read:
(a) Notwithstanding Section 14670, the Department
4of General Services shall lease upon terms and conditions in the
5best interest of the state vacant real property on the grounds of
6California State Prison at Folsom to be determined and consented
7to by the Department of Corrections and Rehabilitation for the
8construction and operation of a peace officers memorial and
9museum facility. The lessee shall be the Old Guard Foundation,
10Inc., a nonprofit corporation registered with the Secretary of State,
11or a similar and related nonprofit entity formed specifically for the
12implementation of the construction and operation of a peace
13officers memorial and museum facility at the prison. The peace
14officers memorial and museum facility shall
be operated for the
15benefit of the general public and members of the lessee.
16(b) The Department of General Services shall lease the property
17described in subdivision (a) for a term not to exceed 50 years and
18for the consideration of one dollar ($1) per year and a one-time
19payment of $50 to be paid at the beginning of the lease term. The
20operation of the museum facility shall include, but is not limited
21to, museums, conference rooms, classrooms, exhibits, workshops
22for artifact preservation and repair, secure storage, parking, a gift
23shop, and a cafeteria, snack bar, or dining area.
24(c) The Department of General Services shall lease the property
25described in subdivision (a) in “as is” condition. The lease shall
26provide that the lessee shall be fully responsible for the
27maintenance
and operation of the memorial and museum facility
28in a manner that does not conflict with the operation of adjacent
29correctional facilities or become a public nuisance to the
30community. The state shall not have any liability for any
31improvement, construction, operation, or maintenance of the
32memorial or museum facilities.
33(d) The lease shall require the lessee to initiate construction of
34the memorial and museum facility within 48 months of the
35beginning of the lease term and have substantially completed
36construction within 72 months of the beginning of the lease term.
37The Department of General Services, with the approval of the
38Department of Corrections and Rehabilitation, shall provide any
P3 1utility easements required by a public utility for construction of
2the memorial and museum facility by the lessee under terms and
3conditions
in the best interest of the state. Utilities connections
4constructed by the lessee to the memorial and museum facility
5shall be separate from existing utilities used by the state and
6installed at the expense of the lessee.
7(e) The lease shall require that if at any time during the term of
8the lease the lessee determines that the property is no longer needed
9for a memorial or museum facility or if the Department of General
10Services determines that the lessee substantially abandoned the
11leased property, the leased property and all improvements to the
12leased property shall revert to the state. The lease shall provide
13that, at the sole discretion of the Department of General Services,
14the lessee shall demolish and remove all improvements and restore
15the premises to the preleased condition at the lessee’s expense,
16and if the lessee fails to restore the
leased property as directed by
17the Department of General Services, the state may do so and all
18costs of the demolition and restoration shall be paid by lessee.
19(f) The construction and operation of the memorial and museum
20facility pursuant to the lease authorized by this section are solely
21the responsibility of the lessee and shall not be considered public
22works.begin delete The construction and operation of the memorial and the
23museum facility are exempt from Division 13 (commencing with
24Section 21000) of the Public Resources Code.end delete
25(g) The lease shall require the lessee to pay all administrative
26costs incurred by the Department of General Services associated
27with the development and management of the lease and
any
28required easements.
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