BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1656
                                                                  Page  1

          Date of Hearing:   May 14, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                  AB 1656 (Dickinson) - As Amended:  March 28, 2014 

          Policy Committee:                               
          AccountabilityVote:13-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill authorizes the Director of General Services (DGS) to  
          acquire office space in order to consolidate the operations of  
          the Board of Equalization (BOE) in the Sacramento Region.  
          Specifically, this bill:

          1)Authorizes DGS, with consent of the BOE, to enter into a  
            lease, lease-purchase, or lease with an option to purchase to  
            consolidate the BOE into a single location.

          2)Requires DGS to complete a site selection by June 30, 2015 and  
            to complete development of the terms and conditions of an  
            agreement by December 31, 2015.

          3)Requires DGS to provide notice of the terms and conditions to  
            the Legislature's fiscal committees and the Joint Legislative  
            Budget Committee (JLBC) at least 45 days prior to executing  
            the agreement.

          4)Requires DGS to determine whether it is in the state's best  
            interest to sell or lease the BOE's existing state-owned  
            building at 450 N Street in downtown Sacramento, and report on  
            the most cost effective option to the fiscal committees and  
            JLBC.

          5)Authorizes DGS, if it determines per (4) that the state should  
            dispose of the property, to sell, lease or exchange the  
            property.

          6)Stipulates that, upon sale of the property, DGS shall make an  
            early payoff of outstanding lease-revenue bonds.








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           FISCAL EFFECT  

          1)A consolidated facility for the BOE would be around one  
            million gross square feet and cost in the range of $500  
            million, with occupancy in five to six years following  
            authorization. As this facility would likely be acquired under  
            a lease with a purchase option or a lease-purchase agreement,  
            payments would be made for 25-30 years through augmentations  
            to the BOE's operating budget.

          2)DGS's one-time cost will be up to $3 million to complete an  
            acquisition agreement.

          3)BOE would incur one-time moving costs in the low millions of  
            dollars.

          4)If the state does not sell the current BOE headquarters  
            building and instead relocated other state tenants currently  
            in leased space, these agencies will incur significant  
            one-time moving costs, but over the long run should realize  
            ongoing savings related to occupying a state-owned, rather  
            than leased, facility.

           COMMENTS  

           1)Background and Purpose  . The board, which administers tax and  
            fee programs, is seeking to leave its current headquarters in  
            downtown Sacramento because of space constraints and various  
            ongoing building maintenance issues that have arisen since  
            moving to the location in 1993 under a lease-purchase  
            agreement. In 2006, the state exercised an early purchase  
            option on the building for about $80 million by issuing  
            lease-revenue bonds. The bonds are scheduled to be retired in  
            2021. 

            The current building was designed to house 2,200 employees,  
            but space is now needed for almost 3,000 employees. The board  
            has moved about a quarter of its headquarters operations to  
            four annexes in the Sacramento region, creating operating  
            inefficiencies and increases costs. Moreover, the BOE has  
            averaged personnel growth of almost three percent annually.

            In addition to space constraints, the problem-plagued  
            headquarters building has had several issues that have  








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            required and still require extensive repairs. According to  
            BOE, the state has spent approximately $59 million thus far in  
            repairs. Issues have involved water intrusion, mold growth  
            that required extensive remediation, deficiencies with the  
            exterior wall window system, and the need to update several  
            building systems. BOE reports more problems have recently been  
            discovered and efforts to correct them are expected to cost an  
            additional $30 and $40 million over the next few years. 

            This bill authorizes the consolidation of BOE operations in a  
            new location and the disposition of the current headquarters  
            building if DGS finds that is the most cost-effective  
            approach.

           2)Righting a Mistake  . As a revenue collection agency processing  
            thousands of documents daily, the BOE probably never should  
            have been located in a downtown highrise building. As part of  
            the Supplemental Report to the 2012-13 Budget Act, DGS was  
            required to prepare a preliminary study for relocation and  
            consolidation of the BOE. In this report BOE acknowledges that  
            it "has planned for many years to streamline its business  
            operations into a horizontal movement of tax documents and  
            receipts through the scanning to destruction process from  
            station to contiguous station without being moved vertically  
            from floor to floor by courier." Essentially a similar  
            arrangement to that used by the Franchise Tax Board. Thus  
            relocation of the BOE to a low-rise facility makes business  
            sense.

           3)Leasing Not a Long-Term Solution  . The bill, in part, provides  
            authorization for DGS to lease facilities for the BOE. While a  
            straight lease provides the most flexibility to a tenant, in  
            the long run it is generally more beneficial for the state to  
            have ownership of its various headquarters operations.

           4)Timeline Too Short  . The bill provides DGS six months to  
            complete sight selection and 12 months total to develop terms  
            and conditions of a lease agreement. There is no need for two  
            separate deadlines, as the site selection would be part of the  
            lease criteria. The entire process, however, will take at  
            least 18 months upon appropriation of sufficient funds to DGS.
           
          5)Auditor Study Pending  . In March, the Joint Legislative Budget  
            Committee approved having the State Auditor examine the costs  
            to repair the 450 N Street building and the costs/benefits of  








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            consolidating the BOE. Unfortunately, this report is not  
            expected to be released until September, after the end of this  
            legislative session.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081