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SB-1119 Surplus state property: Napa County Regional Park and Open Space District.(2015-2016)

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SB1119:v98#DOCUMENT

Amended  IN  Senate  March 28, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill
No. 1119

Introduced by Senator Wolk
(Coauthor: Assembly Member Dodd)

February 17, 2016

An act to amend Section 11011.24 of the Government Code, relating to surplus state property, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1119, as amended, Wolk. Surplus state property: County of Napa. Napa County Regional Park and Open Space District.
Existing law authorizes the Director of General Services to sell or exchange, at fair market value based upon an appraisal approved by the Department of General Services, all or part of a specified parcel of state property only to the County of Napa upon those terms, conditions, reservations, and exceptions the director determines are in the best interest of the state, by January 1, 2015, and subject to other requirements. Existing law requires reimbursement of the Department of General Services for any cost or expense incurred in the disposition of the property from the proceeds of the disposition of the property. Existing law requires the proceeds from this sale to be deposited in the Deficit Recovery Bond Retirement Sinking Fund Subaccount until the bonds associated with this subaccount are finally paid.
This bill would apply the authorization described above to apply to the Napa County Regional Park and Open Space District instead of Napa County and would extend the period within which the sale described above may be made to January 1, 2021. The bill would revise the reference to the Deficit Recovery Bond Retirement Sinking Fund Subaccount, given that the principal and interest on the bonds has have been provided and no more bonds are outstanding. Consistent with requirements of the California Constitution, the bill would direct that proceeds be paid into the Special Fund for Economic Uncertainties, which is continuously appropriated. By depositing money in a continuously appropriated fund, the bill would make an appropriation.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Napa. Napa County Regional Park and Open Space District.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11011.24 of the Government Code is amended to read:

11011.24.
 (a) Except as provided in subdivisions (b) and (c), the Director of General Services may sell or exchange, pursuant to Section 11011.1, at fair market value based upon an appraisal approved by the Department of General Services, only to the County of Napa, Napa County Regional Park and Open Space District, upon those terms and conditions and subject to those reservations and exceptions the director determines are in the best interests of the state, all or any part of the following real property, by January 1, 2021, after which date, if not sold or exchanged to the County of Napa, Napa County Regional Park and Open Space District, the property is no longer surplus and shall not be available for sale or exchange:
Approximately 850 acres of property, currently leased to or controlled by the County of Napa as part of Skyline Wilderness Park, located at the Napa State Hospital, 2100 Napa Vallejo Highway, Napa, in the County of Napa.
(b) An agreement for the sale or exchange of the property identified in, and pursuant to, subdivision (a), shall require the County of Napa Napa County Regional Park and Open Space District to retain title to the entire property sold or exchanged for use as a park or wilderness preserve, or in the event of the future sale or exchange of that property by the County of Napa, Napa County Regional Park and Open Space District, shall require the County of Napa, Napa County Regional Park and Open Space District, by recorded easement, to limit future uses of the property to a park or wilderness preserve.
(c) An agreement for the sale or exchange of the property identified in, and pursuant to, subdivision (a), shall preserve Napa State Hospital’s ownership and use of the property known as Camp Coombs, and Camp Coombs shall not be part of the sale or exchange of the property. An agreement for the sale or exchange of the property shall include an easement, that shall be recorded, that provides Napa State Hospital with access to Camp Coombs.
(d) The Department of General Services shall be reimbursed for any cost or expense incurred in the disposition of the property described in subdivision (a) from the proceeds of the disposition. The net proceeds of any moneys received from the disposition of the property shall be paid into the Special Fund for Economic Uncertainties, as established by Section 16418.
(e) The County of Napa Napa County Regional Park and Open Space District may enter into an agreement with a nonprofit land trust or nonprofit conservation entity for the purpose of sharing the costs associated with making the sale or exchange authorized by this section, provided that all the requirements of this section, including, but not limited to, those of subdivision (b), are met.

SEC. 2.

 The Legislature finds and declares that, because of the unique circumstances applicable to the County of Napa, Napa County Regional Park and Open Space District, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution. Therefore, this special statute is necessary.