Bill Text: CA AB338 | 2013-2014 | Regular Session | Amended

California Assembly Bill 338 (Prior Session Legislation)

Bill Title: State property: surplus.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB338 Detail]

Download: California-2013-AB338-Amended.html

BILL NUMBER: AB 338	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2013

INTRODUCED BY   Assembly Member Ch�vez

                        FEBRUARY 13, 2013

   An act relating to  public safety   state
property  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 338, as amended, Ch�vez.  Public safety.  
State property: surplus.  
   Existing law authorizes the Director of General Services, to
dispose of state surplus property, subject to specified conditions,
including authorization by the Legislature.  
   This bill would authorize the Director of Parks and Recreation,
with the approval of the Director of General Services, to enter into
an agreement with the City of Carlsbad for the exchange of specified
parcels of real property subject to certain conditions. 

   Existing law prescribes certain punishments for public safety
offenses.  
   This bill would express the intent of the Legislature to enact
legislation to amend the Penal Code, relating to public safety
issues. 
   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.    (a) The Director of Parks and
Recreation, with the approval of the Director of General Services, is
hereby authorized to enter into a mutually beneficial agreement with
the City of Carlsbad, San Diego County, for the exchange of real
property as specified in this section. The real property to be
offered by the state consists of portions of the property known as
South Carlsbad State Beach located between Cerezo Drive and Avenida
Encinas in the City of Carlsbad. The real property to be offered by
the city consists of a portion or portions of excess property created
through the redesign and realignment of Carlsbad Boulevard. 

   (b) The City of Carlsbad shall reimburse the state for the
difference in the appraised value of the property that is to be
exchanged, if the state is found to be receiving less value, except
that any costs for design or development that have been advanced on
behalf of the state by the City of Carlsbad shall be deducted from
the value on a prorate share basis, and for reasonable administrative
costs incurred to complete the transfer of title.  
   (c) The City of Carlsbad shall be solely responsible for
compliance with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) in
connection with the transfer of property ownership. The Department of
Parks and Recreation shall be responsible for compliance with
Section 6(f)(3) of the federal Land and Water Conservation Fund Act
of 1965 (Public Law 88-578).  
   (d) The exchange of lands carried out pursuant to this section
shall be based on current fair market value and subject to the terms
and conditions, and with the reservations, restrictions, and
exceptions, that the Director of General Services determines are in
the best interests of the state, including the condition that the
exchange shall result in no net cost or loss to the state. 

  SECTION 1.    It is the intent of the Legislature
to enact legislation to amend the Penal Code, relating to public
safety issues.