Bill AB37 Authorizing the LRA as Federally Approved Reuse Authority

BILL NUMBER: AB 37 CHAPTERED 09/16/96

BILL TEXT

CHAPTER 546
FILED WITH SECRETARY OF STATE SEPTEMBER 16, 1996
APPROVED BY GOVERNOR SEPTEMBER 15, 1996
PASSED THE SENATE AUGUST 15, 1996
PASSED THE ASSEMBLY JANUARY 31, 1996
AMENDED IN ASSEMBLY JANUARY 30, 1996
AMENDED IN ASSEMBLY AUGUST 31, 1995
INTRODUCED BY Assembly Member Pringle
DECEMBER 5, 1994

An act to amend Section 65050 of the Government Code, relating to economic development.

LEGISLATIVE COUNSEL'S DIGEST

AB 37, Pringle. Local government: military base reuse.

Existing law, until January 1, 2001, provides that a single local reuse entity, as specified by statute or through a process of local resolution, is the only entity that is eligible for certain state benefits for use in a military base conversion.

Existing law designates the El Toro Reuse Planning Authority as the single local reuse entity for the Marine Corps Air Station, El Toro.

This bill would instead designate the local redevelopment authority recognized by the United States Department of Defense, Office of Economic Adjustment as the single local reuse entity for the Marine Corps Air Station, El Toro.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65050 of the Government Code is amended to read:

65050. (a) As used in this article, the following phrases have the following meanings:

(1) "Military base" means a military base that is designated for closure or downward realignment pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (P.L. 100-526), the Defense Base Closure and Realignment Act of 1990 (P.L. 101-510), or any subsequent closure or realignment approved by the President of the United States without objection by the Congress.

(2) "Effective date of a base closure" means the date a base closure decision becomes final under the terms specified by federal law. These decisions become final 45 legislative days after the date the federal Base Closure Commission submits its recommendations to the President, he or she approves those recommendations, and the Congress does not disapprove those recommendations or adjourns.

(b) It is not the intent of the Legislature in enacting this section to preempt local planning efforts or to supersede any existing or subsequent authority invested in the Defense Conversion Council, as established by Article 3.7 (commencing with Section 15346). It is the intent of this article to provide a means of conflict resolution.

(c) For the purposes of this article, a single local base reuse entity shall be recognized pursuant to the provisions of this section for each military base closure 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 reuse entity for the military bases listed:

 Military Base

 Local Reuse Entity

 George Air Force Base  Victor Valley Economic Development Authority
 Hamilton Army Base  City of Novato
 Mather Air Force Base County of Sacramento
 Norton Air Force Base  Inland Valley Development Authority
 Presidio Army Base  City and County of San Francisco
 Salton Sea Navy Base  Imperial County
 Castle Air Force Base  Castle Joint Powers Authority
 Hunters Point Naval Annex  City and County of San Francisco
 Long Beach Naval Station  City of Long Beach
 MCAS Tustin  City of Tustin
 Sacramento Army Depot  City of Sacramento
 MCAS El Toro  Local redevelopment authority recognized by the United States Department of Economic Adjustment
 March Air Force Base  March Joint Powers Authority
 Mare Island Naval Shipyard  City of Vallejo
 Naval Training Center,
NS Treasure Island
 City of San Diego San Diego
 NAS Alameda, San Francisco Bay Center  City and County of San Francisco Public Works and Redevelopment
 Alameda Naval Aviation Depot  Alameda Reuse Authority
 Oakland Navy Hospital  City of Oakland
 Fort Ord Army Base Fort Ord Reuse Authority

Any military base reuse authority created pursuant to Title 7.86 (commencing with Section 67800).

(e) For any military base that is closed and not listed in subdivision (d), a single local reuse entity shall be recognized for the base by the state if resolutions acknowledging the entity as the single base reuse 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 a military base or having a sphere of influence over any portion of the base and are forwarded to the Defense Conversion Council and the Office of Planning and Research within 60 days after the effective date of a base closure decision or by March 1, 1995, whichever date is later.

(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 reuse 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) As a last resort, and only if no recognition is made pursuant to the procedure specified in subdivisions (e) and (f) within 120 days after a base closure decision has become final or within 120 days after the date on which this section becomes operative, whichever date is later, the Defense 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, shall hold public hearings and recognize a single local base reuse entity for each closing base for which agreement is reached among the local jurisdictions with responsibility for complying with Chapter 3 (commencing with Section 65100) and Chapter 4 (commencing with Section 65800) on the base, or recommend legislation or action by the local agency formation commission if necessary to implement a proposed recognition.

(h) In recognizing a single local reuse entity pursuant to this section, preference shall be given to existing entities and entities with responsibility for complying with Chapter 3 (commencing with Section 65100) and Chapter 4 (commencing with Section 65800).

(i) Any recognition of a single local reuse entity made pursuant to subdivision (e), (f), or (g) shall be submitted by the Director of the Office of Planning and Research to the Governor, the Legislature, and the United States Department of Defense.


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