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SB-656 Military base retention.(2001-2002)

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SB656:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Senate Bill
No. 656


Introduced  by  Senator Knight

February 23, 2001


An act to add and repeal Article 6.5 (commencing with Section 65054) of Chapter 1.5 of Division 1 of Title 7 of, and to add Title 7.84 (commencing with Section 67645) to, the Government Code, relating to military bases.


LEGISLATIVE COUNSEL'S DIGEST


SB 656, as introduced, Knight. Military base retention.
Existing law defines a single local base reuse entity for purposes of planning relating to military bases designated for closure. Under provisions known as the Military Base Reuse Authority Act, local agencies are authorized to form an authority to plan for the transition of bases from military to civilian use. Existing law also creates the California Defense Retention and Conversion Council and gives that agency and the Technology, Trade, and Commerce Agency prescribed duties relative to retaining military facilities within California.
This bill would define a single local base retention entity for purposes of retention planning relating to military bases. Under provisions to be known as the Military Base Retention Authority Act, the bill would authorize local agencies to form an authority to perform unspecified base retention activities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 6.5 (commencing with Section 65054) is added to Chapter 1.5 of Division 1 of Title 7 of the Government Code, to read:
Article  6.5.  Single Local Retention Entities

65054.
 (a) As used in this article, the following terms have the following meaning:
(1) “Military base” means a military installation in California, as defined by regulations of the Departments of the Defense, Army, Navy, Air Force, and Marines.
(2) “Affected local entity” means any county or city located wholly or partly within the boundaries of a military base or having a sphere of influence over any portion of the base with responsibility for local zoning and planning decisions.
(b) It is the intent of the Legislature in enacting this article to encourage cooperation between affected local entities in efforts to retain military bases in this state.
(c) For the purposes of this article, a single local base retention entity shall be recognized for each military base in this state.
(d) The following entities or their successors, including, but not limited to, separate airport or port authorities, are recognized as the single local retention entity for the military bases listed:
Military Base
Local Retention Entity
Barstow Marine Corps Logistics Base
_____
Beale Air Force Base
_____
California Air National Guard
_____
California Army National Guard
_____
China Lake Naval Air Weapons Station
_____
Defense Language Institute Foreign Language Center and Presidio of Monterey
_____
Edwards Air Force Base
_____
El Centro Naval Air Facility
_____
Engineering Field Activity West San Bruno
_____
Fleet and Industrial Supply Center
_____
Fort Irwin
_____
Los Angeles Air Force Base
_____
Marine Corps Combat Center Twentynine Palms
_____
Marine Corps Air Station Miramar
_____
Marine Corps Base, Camp Pendleton
_____
Marine Corps Recruit Depot, San Diego
_____
Naval Air Station Lemoore
_____
Naval Air Station North Island
_____
Naval Aviation Depot, North Island
_____
Naval Base Coronado
_____
Naval Medical Center San Diego
_____
Naval Outlying Landing Field Imperial Beach
_____
Naval Postgraduate School/Naval
Support Activity-Monterey Bay
_____
Naval Station San Diego
_____
Naval Warfare Assessment Station
Corona (NORCO)
_____
Naval Weapons Station Seal Beach
_____
Navy Region Southwest
_____
Onizuka Air Station
_____
Point Mugu Naval Air Warfare Center Weapons Division
_____
Port Hueneme Division Naval Surface Warfare Center
_____
Port Hueneme Naval Construction Battalion Center
_____
Program Executive Office for Space, Communications and Sensors-PEO (SCS), San Diego
_____
San Diego Submarine Base
_____
San Joaquin Depot (Sharpe and Tracy Combined)
_____
Space and Naval Warfare Systems Center San Diego (SSC San Diego)
_____
Space and Naval Warfare Systems Command Headquarters, San Diego
_____
Travis Air Force Base
_____
Vandenberg Air Force Base
_____
(e) For any military base that is not listed in subdivision (d), a single local retention entity shall be recognized for the base by the state if resolutions acknowledging the entity as the single local base retention entity are adopted by the affected county board of supervisors and the city council of each city located wholly or partly within the boundaries of the base or having a sphere of influence over any portion of the base and are forwarded to the Defense Retention and Conversion Council, created pursuant to Article 3.6 (commencing with Section 15346) of Chapter 1 of Part 6.7 of Division 3 of Title 2, and the Office of Planning and Research on or before July 1, 2002.
(f) If the necessary resolutions are not adopted within the time limit specified in subdivision (e), the Director of the Office of Planning and Research may select a mediator from a list submitted by the Defense Conversion Council containing no fewer than seven recommendations, to reach agreement among the affected jurisdictions on a single local retention entity. In selecting a mediator, the director shall appoint a neutral person or persons, with experience in local land use issues, to facilitate communication between the disputants and assist them in reaching a mutually acceptable agreement.
(g) If the necessary resolutions are not adopted within the time limit specified in subdivision (e), the Defense Retention and Conversion Council, as a last resort, and only if no recognition of a single local base retention entity is made pursuant to subdivision (f), shall hold public hearings and recognize a single local base retention entity for each military base or recommend legislation or action by the local agency formation commission if necessary to implement a proposed recognition.

65054.1.
 The single local base retention authority shall be recognized by all state agencies as the single base retention planning authority for the base. The state shall encourage the federal government and other local jurisdictions to recognize similarly the authorities designated pursuant to Section 65054 for the purposes of retention activities.

65054.2.
 This article shall remain in effect only until January 1, 2007, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2007, deletes or extends that date.

SEC. 2.

 Title 7.84 (commencing with Section 67645) is added to the Government Code, to read:

TITLE 7.84. MILITARY BASE RETENTION AUTHORITY ACT

67645.
 This title shall be known and may be cited as the Military Base Retention Authority Act.

67645.1.
 The Legislature finds and declares all of the following:
(a) Due to the tremendous economic impact on state, it is in the best interest of the state to facilitate the retention military bases and Department of Defense facilities in California.
(b) It is the intent of this section to provide a means for affected local entities to partner in base retention activities by authorizing the creation of a joint powers authority.

67645.2.
 As used in this article, the following terms have the following meaning:
(a) “Military base” means a military installation or subinstallation in California as defined by regulations of the Departments of the Defense, Army, Navy, Air Force, and Marines.
(b) “Affected local entity” means any county or city located wholly or partly within the boundaries of a military base or having a sphere of influence over any portion of the base with responsibility for local zoning and planning decisions.
(c) “Authority” means a military base retention authority.
(d) “Legislative body” means the city council of a city or the board of supervisors of a county.

67645.3.
 Counties and cities may establish an authority with the powers and duties set forth in this title upon the adoption of resolutions pursuant to Section 65054.

67645.4.
 The authority is a public corporation of the state that is independent of the agencies from which its board is appointed. Notwithstanding any other provision of law, the powers and duties of the authority are those granted or imposed by this title.

67654.5.
 The authority shall cease to exist 10 years after the creation of the authority or when the board determines the military base would be best served by an authority created under Title 7.86 (commencing with Section 67800). The local agency formation commission or commissions of the county or counties that are member agencies shall provide for the orderly dissolution of the authority, including ensuring that all contracts, 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.