BILL NUMBER: SBX1 4 AMENDED
BILL TEXT
AMENDED IN SENATE DECEMBER 18, 2008
INTRODUCED BY Senator Ducheny
DECEMBER 8, 2008
An act relating to the Budget Act of 2008.
An act to amend Section 11011 of the Government Code, and to add
Section 21080.15 to the Public Resources Code, relating to
environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 4, as amended, Ducheny. Budget Act of 2008.
Environmental quality: surplus state property.
(1) Existing law, the California Environmental Quality Act (CEQA)
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact
report on a project that it proposes to carry out or approve that may
have a significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
Other provisions of existing law authorize the Department of General
Services to dispose of real property that the Legislature has
declared surplus, and has directed the disposal of, by the Department
of General Services.
This bill would exempt from CEQA, unless a specified condition
exists, the disposition of a parcel of surplus state real property if
the project consists exclusively of the sale or transfer of that
property by a state agency.
(2) Existing law requires each state agency, on or before December
31 of each year, to review certain proprietary state lands over
which the state agency has jurisdiction to determine what land is in
excess and to report the determination, in writing, to the Department
of General Services. Existing law requires the Department of General
Services to annually report to the Legislature, lands that are
declared to be in excess.
This bill would require each state agency, before making the above
determination, to comply with the California Environmental Quality
Act. The bill would require the Department of General Services to
report annually to the Legislature lands that are determined to be
excess and those that are determined not to be excess.
(3) This bill would provide that its provisions would become
operative only if AB 2 of the 2009-10 First Extraordinary Session is
enacted and becomes effective.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2008.
(4) The California Constitution authorizes
the Governor to declare a fiscal emergency and to call the
Legislature into special session for that purpose. The Governor
issued a proclamation declaring a fiscal emergency, and calling a
special session for this purpose, on December 1, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 1, 2008,
pursuant to the California Constitution.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2008.
SECTION 1. Section 11011 of the
Government Code is amended to read:
11011. (a) On or before December 31st 31
of each year, each state agency shall make a review of all
proprietary state lands, other than tax-deeded land, land held for
highway purposes, lands under the jurisdiction of the State Lands
Commission, land that has escheated to the state or that has been
distributed to the state by court decree in estates of deceased
persons, and lands under the jurisdiction of the State Coastal
Conservancy, over which it has jurisdiction to determine what, if
any, land is in excess of its foreseeable needs and report thereon in
writing to the Department of General Services. These lands shall
include, but not be limited to, the following:
(1) Land not currently being utilized, or currently being
underutilized, by the state agency for any existing or ongoing state
program.
(2) Land for which the state agency has not identified any
specific utilization relative to future programmatic needs.
(3) Land not identified by the state agency within its master
plans for facility development.
(b) Jurisdiction of all land reported as excess shall be
transferred to the Department of General Services, when requested by
the director thereof of that department
, for sale or disposition under this section or as may be otherwise
authorized by law.
(c) The Department of General Services shall report to the
Legislature annually, the land declared that
each state agency determined to be excess and the land
that the state agency determined not to be excess. Prior to making
the determination that the land is excess, the state agency shall
comply with the Ca lifornia Environmental Quality Act,
Division 13 (commencing with Section 21000) of the Public Resources
Code. After the determination that the land is excess has been made,
the department shall request authorization from the
Legislature to dispose of the that
land by sale or otherwise.
(d) The Department of General Services shall review and consider
reports submitted to the Director of General Services pursuant to
Section 66907.12 of the Government Code this
code and Section 31104.3 of the Public Resources Code prior to
recommending or taking any action on surplus land, and shall also
circulate the reports to all agencies that are required to report
excess land pursuant to this section. In recommending or determining
the disposition of surplus lands, the Director of General Services
may give priority to proposals by the state that involve the exchange
of surplus lands for lands listed in those reports.
(e) Except as otherwise provided by any other provision
of law, whenever any land is reported as excess pursuant to
this section, the Department of General Services shall determine
whether or not the use of the land is needed by any other state
agency. If the Department of General Services determines that any
land is needed by any other state agency it may transfer the
jurisdiction of this land to the other state agency upon the terms
and conditions as it may deem to be for the best interests of the
state.
(f) When authority is granted for the sale or other disposition of
lands declared excess, and the Department of General Services has
determined that the use of the land is not needed by any other state
agency, the Department of General Services shall sell the land or
otherwise dispose of the same pursuant to the authorization, upon any
terms and conditions and subject to any reservations and exceptions
as the Department of General Services may deem to be for the best
interests of the state. The Department of General Services shall
report to the Legislature annually, with respect to each parcel of
land authorized to be sold under this section, giving the following
information:
(1) A description or other identification of the property.
(2) The date of authorization.
(3) With regard to each parcel sold after the next preceding
report, the date of sale and price received, or the value of the land
received in exchange.
(4) The present status of the property, if not sold or otherwise
disposed of at the time of the report.
(g) Except as otherwise specified by law, the net proceeds
received from any real property disposition, including the sale,
lease, exchange, or other means, that is received pursuant to this
section shall be paid into the Deficit Recovery Bond Retirement
Sinking Fund Subaccount, established pursuant to subdivision (f) of
Section 20 of Article XVI of the California Constitution, until the
time that the bonds issued pursuant to the Economic Recovery Bond Act
(Title 18 (commencing with Section 99050)), approved by the voters
at the March 2, 2004, statewide primary election, are retired.
Thereafter, the net proceeds received pursuant to this section shall
be deposited in the Special Fund for Economic Uncertainties.
For purposes of this section, net proceeds shall be defined as
proceeds less any outstanding loans from the General Fund, or
outstanding reimbursements due to the Property Acquisition Law Money
Account for costs incurred prior to June 30, 2005, related to the
management of the state's real property assets, including, but not
limited to, surplus property identification, legal research,
feasibility statistics, activities associated with land use, and due
diligence.
(h) The Director of Finance may approve loans from the General
Fund to the Property Acquisition Law Money Account, which is hereby
created in the State Treasury, for the purposes of supporting the
management of the state's real property assets.
(i) Any rentals or other revenues received by the department from
real properties, the jurisdiction of which has been transferred to
the Department of General Services under this section, shall be
deposited in the Property Acquisition Law Money Account and shall be
available for expenditure by the Department of General Services upon
appropriation by the Legislature.
(j) Nothing contained in this section shall be construed to
prohibit the sale, letting, or other disposition of any state lands
pursuant to any law now or hereafter enacted authorizing the sale,
letting, or disposition.
(k) Subdivisions (a) to (f), inclusive, of this section shall be
inoperative from August 16, 2004, until July 1, 2005, with the
exception of subdivisions (g) to (j), inclusive, which shall take
effect retroactively, beginning November 3, 2004.
SEC. 2. Section 21080.15 is added to the
Public Resources Code , to read:
21080.15. This division does not apply to the disposition of a
parcel of surplus state real property identified as excess pursuant
to Section 11011 of the Government Code if the project consists
exclusively of the sale or transfer of surplus state real property by
a state agency, unless one of the following conditions exists:
(a) The surplus real property has been designated and mapped by a
federal, state, or local agency as a sensitive environmental area.
(b) The cumulative impact of successive sales or transfers of
surplus state real property in the same general location, over time,
is significant.
(c) The sale or transfer of the surplus state real property may
have significant effect on public health, safety, or significant
natural resources.
(d) The sale or transfer of the surplus state real property may
result in damage to scenic resources, including, but not limited to,
trees, historic buildings, cultural resources, rock outcroppings, or
similar resources along a highway officially designated as a state
scenic highway.
(e) The surplus state real property is a site that is included on
the list compiled by the Department of Toxic Substances Control
pursuant to Section 65962.5 of the Government Code.
(f) The sale or transfer is within a park or natural reserve.
(g) The surplus state real property is located in an area of
statewide, regional, or areawide concern listed pursuant to paragraph
(4) of subdivision (b) of Section 15206 of Title 14 of the
California Code of Regulations.
SEC. 3. This act shall only become operative if
Assembly Bill 2 of the 2009-10 First Extraordinary Session is enacted
and becomes effective.
SEC. 2. SEC. 4. This act addresses
the fiscal emergency declared by the Governor by proclamation on
December 1, 2008, pursuant to subdivision (f) of Section 10 of
Article IV of the California Constitution.