Bill Text: CA AB166 | 2015-2016 | Regular Session | Chaptered
Bill Title: Department of General Services.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2015-08-17 - Chaptered by Secretary of State - Chapter 211, Statutes of 2015. [AB166 Detail]
Download: California-2015-AB166-Chaptered.html
BILL NUMBER: AB 166 CHAPTERED
BILL TEXT
CHAPTER 211
FILED WITH SECRETARY OF STATE AUGUST 17, 2015
APPROVED BY GOVERNOR AUGUST 17, 2015
PASSED THE SENATE JULY 9, 2015
PASSED THE ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY MARCH 11, 2015
INTRODUCED BY Assembly Member Beth Gaines
(Coauthors: Assembly Members Achadjian and Cooley)
JANUARY 22, 2015
An act to add Section 14672.54 to the Government Code, relating to
state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 166, Beth Gaines. Department of General Services.
Existing law authorizes the Department of General Services to
lease property belonging to the state, as specified. 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 authorize 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 a nonprofit entity formed especially for the
implementation of the construction and operation of a peace officers
memorial and museum facility at the prison. The bill would require,
among other things, that the lease not exceed a 50-year term. The
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 lessee.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14672.54 is added to the Government Code, to
read:
14672.54. (a) Notwithstanding Section 14670, the Department of
General Services may, upon terms and conditions in the best interest
of the state, lease vacant real property on the grounds of California
State Prison at Folsom to be determined and consented to by the
Department of Corrections and Rehabilitation for the construction and
operation of a peace officers memorial and museum facility. The
lessee shall be a nonprofit entity formed specifically for the
implementation of the construction and operation of a peace officers
memorial and museum facility at the prison. The peace officers
memorial and museum facility shall be operated for the benefit of the
general public and members of the lessee.
(b) The Department of General Services may lease the property
described in subdivision (a) for a term not to exceed 50 years.
(c) The operation of the museum facility described in subdivision
(a) shall include, but is not limited to, museums, conference rooms,
classrooms, exhibits, workshops for artifact preservation and repair,
secure storage, parking, a gift shop, and a cafeteria, snack bar, or
dining area.
(d) The Department of General Services may lease the property
described in subdivision (a) in "as is" condition. The lease shall
provide that the lessee shall be fully responsible for the
maintenance and operation of the memorial and museum facility in a
manner that does not conflict with the operation of adjacent
correctional facilities or become a public nuisance to the community.
The state shall not have any liability for any improvement,
construction, operation, or maintenance of the memorial or museum
facilities.
(e) The lease shall require the lessee to initiate construction of
the memorial and museum facility within 48 months of the beginning
of the lease term and have substantially completed construction
within 72 months of the beginning of the lease term. The Department
of General Services, with the approval of the Department of
Corrections and Rehabilitation, shall provide any utility easements
required by a public utility for construction of the memorial and
museum facility by the lessee under terms and conditions in the best
interest of the state. Utilities connections constructed by the
lessee to the memorial and museum facility shall be separate from
existing utilities used by the state and installed at the expense of
the lessee, consistent with the rules of the utility service
providers.
(f) The lease shall require that, if at any time during the term
of the lease the lessee determines that the property is no longer
needed for a memorial or museum facility or if the Department of
General Services determines that the lessee substantially abandoned
the leased property, the leased property and all improvements to the
leased property shall revert to the state. The lease shall provide
that, at the sole discretion of the Department of General Services,
the lessee shall demolish and remove all improvements and restore the
premises to the preleased condition at the lessee's expense, and if
the lessee fails to restore the leased property as directed by the
Department of General Services, the state may do so and all costs of
the demolition and restoration shall be paid by lessee.
(g) The construction and operation of the memorial and museum
facility pursuant to the lease authorized by this section are solely
the responsibility of the lessee and shall not be considered public
works.
(h) The lease shall require the lessee to pay all administrative
costs incurred by the Department of General Services associated with
the development and management of the lease and any required
easements.
(i) The lease authorized by this section shall be subject to
periodic review every five years by the director who shall receive a
report from the lessee and shall review that report to determine
whether the purposes of the lease are being carried out.
