SB 1120: Director of General Services: state medical facilities: leases.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-22
(1)Existing law authorizes the Director of General Services, with the consent of the State Department of State Hospitals, to lease specified property not exceeding 10 acres located within the Napa State Hospital to a public governmental agency for the purpose of conducting its trainable mentally retarded program consistent with specified requirements.
This bill would update the names of the programs being offered, would increase the allowable acreage to 10.5 acres, and would authorize the lease or leases to be renewed for a term not exceeding 50 years.
(2)Existing law authorizes the Director of General Services, with the consent of the Department of Corrections and Rehabilitation, to lease specified property located within the Medical Facility at Vacaville to a nonprofit corporation for the purpose of conducting an educational and work program for persons with intellectual disabilities consistent with specified requirements. Existing law authorizes the nonprofit corporation receiving the lease to assign or sublet to a public agency, with the approval of the Director of General Services and the Department of Corrections and Rehabilitation.
This bill would additionally authorize the director to lease property within the medical facility to a public governmental agency. The bill would prohibit a renewed lease under these provisions from being assigned. The bill would update the names of the programs being offered. The bill would authorize the lease to be renewed for a term not exceeding 50 years. The bill would require the Director of General Services to review the lease every 5 years, as specified.
The bill would also make technical and conforming changes to these provisions.
(1)Existing law authorizes the Director of General Services, with the consent of the State Department of State Hospitals, to lease specified property not exceeding 10 acres located within the Napa State Hospital to a public governmental agency for the purpose of conducting its trainable mentally retarded program consistent with specified requirements.
This bill would update the names of the programs being offered, would increase the allowable acreage to 10.5 acres, and would authorize the lease or leases to be renewed for a term not exceeding 50 years.
(2)Existing law authorizes the Director of General Services, with the consent of the Department of Corrections and Rehabilitation, to lease specified property located within the Medical Facility at Vacaville to a nonprofit corporation for the purpose of conducting an educational and work program for persons with intellectual disabilities consistent with specified requirements. Existing law authorizes the nonprofit corporation receiving the lease to assign or sublet to a public agency, with the approval of the Director of General Services and the Department of Corrections and Rehabilitation.
This bill would additionally authorize the director to lease property within the medical facility to a public governmental agency. The bill would prohibit a renewed lease under these provisions from being assigned. The bill would update the names of the programs being offered. The bill would authorize the lease to be renewed for a term not exceeding 50 years. The bill would require the Director of General Services to review the lease every 5 years, as specified.
The bill would also make technical and conforming changes to these provisions.
(1)Existing law authorizes the Director of General Services, with the consent of the State Department of State Hospitals, to lease specified property not exceeding 10 acres located within the Napa State Hospital to a nonprofit corporation public governmental agency for the purpose of conducting its trainable mentally retarded program consistent with specified requirements.
This bill would update the names of the programs being offered offered, would increase the allowable acreage to 10.5 acres, and would authorize the lease or leases to be renewed for a term not exceeding 50 years.
(2)Existing law authorizes the Director of General Services, with the consent of the Department of Corrections and Rehabilitation, to lease specified property located within to the Medical Facility at Vacaville to a nonprofit corporation for the purpose of conducting an educational and work program for persons with intellectual disabilities consistent with specified requirements. Existing law authorizes the nonprofit corporation receiving the lease to assign or sublet to a public agency, with the approval of the Director of General Services and the Department of Corrections and Rehabilitation.
This bill would instead additionally authorize the director to lease property adjacent to within the medical facility to a public governmental agency under the same terms. agency. The bill would prohibit a renewed lease under these provisions from being assigned. The bill would update the names of the programs being offered. The bill would authorize the lease to be renewed for a term not exceeding 50 years. The bill would require the Director of General Services to review the lease every 5 years, as specified.
The bill would also make technical and conforming changes to these provisions.
(1)Existing law authorizes the Director of General Services, with the consent of the State Department of State Hospitals to lease specified property located within the Napa State Hospital to a nonprofit corporation for the purpose of conducting its trainable mentally retarded program consistent with specified requirements.
This bill would update the names of the programs being offered and would authorize the lease to be renewed for a term not exceeding 50 years.
Existing
(2)Existing law authorizes the Director of General Services Services, with the consent of the Department of Corrections and Rehabilitation, to lease specified property located within to the Medical Facility at Vacaville to a nonprofit corporation for the purpose of conducting an educational and work program for persons with intellectual disabilities consistent with specified requirements. Existing law authorizes the nonprofit corporation receiving the lease to assign or sublet to a public agency, with the approval of the Director of General Services and the Department of Corrections and Rehabilitation.
This bill would instead authorize the director to lease property adjacent to the medical facility to a public entity governmental agency under the same terms. The bill would update the names of the programs being offered. The bill would authorize the lease to be renewed for a term not exceeding 50 years.
The bill would also make technical and conforming changes to these provisions.
Existing law authorizes the Director of General Services to lease specified property located within the Medical Facility at Vacaville to a nonprofit corporation for the purpose of conducting an educational and work program for persons with intellectual disabilities consistent with specified requirements.
This bill would authorize the director to lease property to a public entity under the same terms. The bill would authorize the lease to be renewed for a term not exceeding 50 years.
Notwithstanding Section 14670, the Director of General Services, with the consent of the State Department of State Hospitals, may, in the best interests of the state, let to a public governmental agency, for the purpose of locating and conducting its special needs and alternative education programs, and for locating and conducting a child-care facility, and for a period not to exceed 50 years, real property not exceeding 10.5 acres located within the grounds of the Napa State Hospital. For the additional purpose of establishing an educational park, the director may, with the consent of the department, renegotiate the lease or leases, for a period not to exceed 50 years, which period shall commence January 1, 1993. For the purposes of this section, educational park means a conglomerate of educational services, including, but not limited to, a childrens center, a preschool for severely disabled children, adult educational services, administrative offices, a community school, and a media services building. The lease or leases provided for in this section may be renewed for an additional period, not to exceed 50 years.
The lease or leases authorized by this section shall be nonassignable and shall be subject to periodic review every five years. That review shall be made by the Director of General Services, who shall do both of the following:
(a)Review the lessees performance of the terms of the lease to confirm that the purposes of the lease or leases are being carried out.
(b)Determine what, if any, adjustment should be made in the terms of the lease or leases.
SEC. 2.Section 14672.1 of the Government Code is amended to read:14672.1.Notwithstanding Section 14670, the Director of General Services, with the consent of the Department of Corrections and Rehabilitation, may let to a nonprofit corporation or a public governmental agency, for the purpose of conducting its special needs and alternative education programs, and for a period not to exceed 50 years, real property not exceeding 10 acres, located within the grounds of the Medical Facility at Vacaville, California. The lease provided for in this section may be renewed for an additional period not to exceed 50 years.
The renewed lease authorized by this section shall be nonassignable and shall be subject to periodic review every five years. That review shall be made by the Director of General Services, who shall do both of the following:
(a)Review the lessees performance of the terms of the lease to confirm that the purposes of the lease are being carried out.
(b)Determine what, if any, adjustment should be made in the terms of the lease.
Notwithstanding Section 14670, the Director of General Services, with the consent of the State Department of State Hospitals, may, in the best interests of the state, let to a public governmental agency, for the purpose of locating and conducting its special needs and alternative education programs, and for locating and conducting a child-care facility, and for a period not to exceed 50 years, real property not exceeding 10.5 acres located within the grounds of the Napa State Hospital. For the additional purpose of establishing an educational park, the director may, with the consent of the department, renegotiate the lease or leases, for a period not to exceed 50 years, which period shall commence January 1, 1993. For the purposes of this section, educational park means a conglomerate of educational services, including, but not limited to, a childrens center, a preschool for severely disabled children, adult educational services, administrative offices, a community school, and a media services building. The lease or leases provided for in this section may be renewed for an additional period, not to exceed 50 years.
The lease or leases authorized by this section shall be nonassignable and shall be subject to periodic review every five years. That review shall be made by the Director of General Services, who shall do both of the following:
(a)Review the lessees performance of the terms of the lease to confirm that the purposes of the lease or leases are being carried out.
(b)Determine what, if any, adjustment should be made in the terms of the lease or leases.
SEC. 2.Section 14672.1 of the Government Code is amended to read:14672.1.Notwithstanding Section 14670, the Director of General Services, with the consent of the Department of Corrections and Rehabilitation, may let to a nonprofit corporation or a public governmental agency, for the purpose of conducting its special needs and alternative education programs, and for a period not to exceed 50 years, real property not exceeding 10 acres, located within the grounds of the Medical Facility at Vacaville, California. The lease provided for in this section may be renewed for an additional period not to exceed 50 years.
The renewed lease authorized by this section shall be nonassignable and shall be subject to periodic review every five years. That review shall be made by the Director of General Services, who shall do both of the following:
(a)Review the lessees performance of the terms of the lease to confirm that the purposes of the lease are being carried out.
(b)Determine what, if any, adjustment should be made in the terms of the lease.
Notwithstanding Section 14670, the Director of General Services, with the consent of the State Department of State Hospitals, may, in the best interests of the state, let to a public governmental agency, for the purpose of locating and conducting its special needs and alternative education programs, and for locating and conducting a child-care facility, and for a period not to exceed 50 years, real property not exceeding 10 10.5 acres located within the grounds of the Napa State Hospital. For the additional purpose of establishing an educational park, the director may, with the consent of the department, renegotiate the lease, lease or leases, for a period not to exceed 50 years, which period shall commence January 1, 1993. For the purposes of this section, educational park means a conglomerate of educational services, including, but not limited to, a childrens center, a preschool for severely disabled children, adult educational services, administrative offices, a community school, and a media services building. The lease or leases provided for in this section may be renewed for an additional period, not to exceed 50 years.
The lease or leases authorized by this section shall be nonassignable and shall be subject to periodic review every five years. That review shall be made by the Director of General Services, who shall do both of the following:
(a)Assure the state Review the lessees performance of the terms of the lease to confirm that the purposes of the lease or leases are being carried out.
(b)Determine what, if any, adjustment should be made in the terms of the lease. lease or leases.
SEC. 2.Section 14672.1 of the Government Code is amended to read:14672.1.Notwithstanding Section 14670, the Director of General Services, with the consent of the Department of Corrections and Rehabilitation, may let to a nonprofit corporation or a public governmental agency, for the purpose of conducting its special needs and alternative education programs, and for a period not to exceed 50 years, real property not exceeding 10 acres, located adjacent to the grounds within the grounds of the Medical Facility at Vacaville, California. The lease provided for in this section may be renewed for an additional period not to exceed 50 years.
A lease executed pursuant to this section may be assigned or sublet in whole or in part by the lessee nonprofit corporation or public entity to any public governmental agency with the approval of the Director of General Services and the Department of Corrections and Rehabilitation.
The renewed lease authorized by this section shall be nonassignable and shall be subject to periodic review every five years. That review shall be made by the Director of General Services, who shall do both of the following:
(a)Review the lessees performance of the terms of the lease to confirm that the purposes of the lease are being carried out.
(b)Determine what, if any, adjustment should be made in the terms of the lease.
Notwithstanding Section 14670, the Director of General Services, with the consent of the State Department of State Hospitals, may, in the best interests of the state, let to a public governmental agency, for the purpose of locating and conducting its trainable mentally retarded program, special needs and alternative education programs, and for locating and conducting a child-care facility, and for a period not to exceed 50 years, real property not exceeding 10 acres located within the grounds of the Napa State Hospital. For the additional purpose of establishing an educational park, the director may, with the consent of the department, renegotiate the lease, for a period not to exceed 50 years, which period shall commence January 1, 1993. For the purposes of this section, educational park means a conglomerate of educational services, including, but not limited to, a childrens center, a preschool for severely disabled children, adult educational services, administrative offices, a community school, and a media services building. The lease provided for in this section may be renewed for an additional period, not to exceed 50 years.
The lease authorized by this section shall be nonassignable and shall be subject to periodic review every five years. That review shall be made by the Director of General Services, who shall do both of the following:
(a)Assure the state the purposes of the lease are being carried out.
(b)Determine what, if any, adjustment should be made in the terms of the lease.
The lease shall also provide for the establishment of a school building facility by the lessee prior to July 1, 1977. That facility shall not be established until after the effective date of the act amending this section.
SECTION 1.SEC. 2.Section 14672.1 of the Government Code is amended to read:14672.1.Notwithstanding Section 14670, the Director of General Services, with the consent of the Department of Corrections and Rehabilitation, may let to a nonprofit corporation or a public entity, governmental agency, for the purpose of conducting an educational and work program for persons with intellectual disabilities, its special needs and alternative education programs, and for a period not to exceed 50 years, real property not exceeding 10 acres, located within adjacent to the grounds of the Medical Facility at Vacaville, California. The lease provided for in this section may be renewed for an additional period not to exceed 50 years.
A lease executed pursuant to this section may be assigned or sublet in whole or in part by the lessee nonprofit corporation or public entity to any public governmental agency with the approval of the Director of General Services and the Department of Corrections and Rehabilitation.
Notwithstanding Section 14670, the Director of General Services, with the consent of the Department of Corrections and Rehabilitation, may let to a nonprofit corporation, corporation or a public entity, for the purpose of conducting an educational and work program for persons with intellectual disabilities, and for a period not to exceed 50 years, real property not exceeding 10 acres, located within the grounds of the Medical Facility at Vacaville, California. The lease provided for in this section may be renewed for an additional period not to exceed 50 years.
A lease executed pursuant to this section shall include a provision that the lease shall be canceled if permanent facilities are not constructed on the leased land within five years after the effective date of the amendments to this section enacted at the 1967 Regular Session of the Legislature.
A lease executed pursuant to this section may be assigned or sublet in whole or in part by the lessee nonprofit corporation or public entity to any public agency with the approval of the Director of General Services and the Department of Corrections and Rehabilitation.
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Date
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Status
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| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 29). Re-referred to Com. on APPR. |
| Aug 31, 2016 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 25, 2016 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 25, 2016 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5430.) Ordered to engrossing and enrolling. |
| Aug 23, 2016 | Ordered to special consent calendar. |
| Aug 19, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 18, 2016 | Read third time. Passed. (Ayes 79. Noes 0. Page 5901.) Ordered to the Senate. |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 15, 2016 | Read third time and amended. |
| Aug 15, 2016 | Ordered to third reading. |
| Aug 11, 2016 | Ordered to third reading. |
| Aug 11, 2016 | From consent calendar on motion of Assembly Member Cooper. |
| Aug 4, 2016 | Read second time. Ordered to consent calendar. |
| Aug 3, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 20. Noes 0.) (August 3). |
| Feb 17, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Jun 13, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on A. & A.R. |
| May 12, 2016 | Referred to Com. on A. & A.R. |
| Apr 28, 2016 | Read third time. Passed. (Ayes 37. Noes 0.) Ordered to the Assembly. |
| Apr 28, 2016 | Read third time. Passed. (Ayes 37. Noes 0. Page 3713.) Ordered to the Assembly. |
| Apr 28, 2016 | In Assembly. Read first time. Held at Desk. |
| Apr 26, 2016 | Read second time. Ordered to consent calendar. |
| Apr 25, 2016 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 15, 2016 | Set for hearing April 25. |
| Apr 12, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (April 12). Re-referred to Com. on APPR. |
| Apr 12, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0. Page 3493.) (April 12). Re-referred to Com. on APPR. |
| Mar 15, 2016 | Set for hearing April 12. |
| Feb 25, 2016 | Referred to Com. on G.O. |
| Feb 18, 2016 | From printer. May be acted upon on or after March 19. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 25, 2016 | Special Consent SB1120 Wolk | Senate Floor |
Passed |
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| Aug 18, 2016 | SB 1120 Wolk Senate Third Reading By BONILLA | Assembly Floor |
Passed |
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| Aug 3, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Jun 29, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Accountability and Administrative Review |
Passed |
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| Apr 28, 2016 | Consent Calendar 2nd SB1120 Wolk | Senate Floor |
Passed |
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| Apr 12, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Napa County Office Of Education | ** Support | Aug 15, 2016 |
| Solano County Office Of Education | ** Support | Aug 15, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1120
:
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 4/12/16
AYES: Hall, Berryhill, Block, Gaines, Galgiani, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Vidak
NO VOTE RECORDED: Runner
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 37-0, 4/28/16 (Consent)
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk
NO VOTE RECORDED: Hernandez, Runner, Vidak
ASSEMBLY FLOOR: 79-0, 8/18/16 - See last page for vote
SOURCE: Solano County Office of Education
DIGEST: This bill authorizes the Director of the Department of General Services (DGS), with the consent of the California Department of Corrections and Rehabilitation (CDCR) and the Department of State Hospitals (DSH), respectively, to renew lease agreements with a nonprofit corporation or public governmental agency for the purpose of conducting special needs and alternative education programs on land located within the grounds of the Napa State Hospital (NSH) and the Medical Facility at Vacaville.
Assembly Amendments (1) authorize DGS, with the consent of DSH, to renew a lease, not to exceed 50 years, to a public governmental agency for the purpose of conducting its special needs and alternative education programs within the grounds of NSH, (2) specify that DGS shall review the lease of land within the Medical Facility at Vacaville every five years and make adjustments, if necessary, and (3) make minor technical changes.
ANALYSIS:
Existing law:
- Authorizes DGS with the consent of the CDCR, to lease a specified property located within the grounds of the Medical Facility at Vacaville to a nonprofit corporation for the purpose of conducting an educational and work program for persons with intellectual disabilities, for a period not to exceed 50 years, and for the property not to exceed 10 acres.
- Authorizes DGS, with the consent of DSH, to lease specified property located within the NSH to a nonprofit corporation for the purpose of conducting its trainable mentally disabled program consistent with specified requirements.
- Specifies that a lease executed within the Medical Facility at Vacaville shall include a provision that the lease shall be canceled if permanent facilities are not constructed on the leased land within five years.
- Provides that a lease pursuant to the property located within the Medical Facility at Vacaville may be assigned or sublet in whole or in part by the lessee nonprofit corporation to any public agency with the approval of the Director of DGS and the CDCR
This bill:
- Authorizes the Director of DGS, with the consent of CDCR and DSH, to enter into lease agreement with a nonprofit corporation or a public governmental agency for the purpose of conducting its special needs and alternative education programs on land located within the grounds of the NSH and the medical Facility at Vacaville.
- Specifies that the leases may be renewed for an additional period not to exceed 50 years.
- Specifies that DGS shall review the lease of land within the Medical Facility at Vacaville every five years and make adjustments, if necessary.
- Deletes obsolete provisions relating to the construction of permanent facilities on the leased land, as they have already been built, and make other technical changes.
Background
Purpose of the bill. The author argues that this bill makes clear that DGS may renew the lease for an additional 50 year term. In addition, the bill also specifies that the lessee may now be a public entity so that the local educational agency can lease directly from the state without a nonprofit.
History. In 1967, the Legislature gave DGS the authority to lease a specified property located within the Medical Facility at Vacaville, which at that time was owned by the CDCR, to a nonprofit corporation to conduct an educational and work program for persons with intellectual disabilities. By 1968, the lease was signed between the state and the Solano County Office of Education (Solano COE) for a facility known as the Irene Larsen Education Center. The lease is set to expire on January 31, 2018.
While the Solano COE, DGS and CDCR intend to renew the lease, it is believed that current law needs to be amended to execute a new lease.
Irene Larsen Education Center. The Irene Larsen Education Center is a special education center that primarily services children, from birth to five years of age, with special education needs. The center is comprised of four infant-toddler programs and six preschool programs. The center also houses a full inclusion ChildStart Program, which includes children ages 3-5, and a post-secondary program for young adults with developmental disabilities.
The Irene Larsen Education Center currently serves 98 students, with the majority being infant/toddlers and preschool students. Students at the center reside in the Vacaville or Travis Unified School Districts and qualify for Special Education services due to moderate to severe disabilities requiring a low student/teacher ratio. Students receive instruction in twelve classrooms.
The Irene Larsen Education Center also employs over 40 staff members as teachers, paraprofessionals, speech/language specialists, occupational and physical therapists, school psychologists, nurses, clerical staff and administrators.
Related/Prior Legislation
SB 528 (Pan, 2015) would have increased the maximum term for DGS to enter into lease agreements for the acquisition of property from five to 11 years without requiring Legislative oversight. (Held in Senate Governmental Organization Committee at author’s request)
AB 166 (Gaines, Chapter 211, Statutes of 2015) authorized DGS, with the consent of CDCR, to enter into a long-term lease for land on the grounds of the California State Prison at Folsom for a non-state funded peace officers memorial and museum.
AB 1503 (Gaines, 2014) would have required DGS, with the consent of CDCR, to lease vacant real property on the grounds of Folsom State Prison to the Old Guard Foundation, Inc., or a similar and related nonprofit entity, for the construction and operation of a peace officers memorial and museum facility. (Vetoed by the Governor)
SB 1217 (Dutton, Chapter 707, Statutes of 2012) reauthorized a statute that expressly allows the Director of DGS, with the consent of the Department of State Hospitals, to lease a building located at Patton State Hospital to a nonprofit corporation or local government, for a period not to exceed 20 years, for the purpose of providing services to elderly persons.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, minor one-time administrative costs to DGS, to be reimbursed by the COE’s, and minor ongoing lease revenues.
Solano County Office of Education (source)
OPPOSITION: (Verified 8/18/16)
None received
ARGUMENTS IN SUPPORT: According to the Solano County Office of Education, “the Solano COE is able to lease the Irene Larsen property from the state pursuant to a law enacted in 1967. This provision grants DGS the authority to lease property owned by CDCR, but it does not specifically permit the state to renew its lease. By 1968, a 50 year lease commenced between the parties; that lease expires on January 31, 2018. In order to receive funding to modernize and construct new facilities at Irene Larsen, the State Allocation Board (SAB) requires the facility to have a lease of at least forty years. Solano County, like all county offices of education, does not have bonding capacity to raise facility funding without state assistance through SAB. SB 1120 is a practical bill that allows the Solano COE to continue providing services to its student body.
ASSEMBLY FLOOR: 79-0, 8/18/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Roger Hernández
8/19/16 19:21:45
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1120
Author:(Wolk)
As Amended Ver:August 15, 2016
Majority vote
SENATE VOTE: 37-0
Committee | Votes | Ayes | Noes |
Accountability | 8-0 | Cristina Garcia, Lackey, Burke, Frazier, Beth Gaines, Irwin, Medina, Rodriguez | |
Appropriations | 20-0 | Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood, Chau |
SUMMARY: Allows the Director of the Department of General Services (DGS) to renew existing lease agreements with the Napa and Solano County Offices of Education (COE) for the operation of special needs and alternative education programs on land located within the grounds of Napa State Hospital and the Medical Facility at Vacaville, respectively. Specifically, this bill:
- Authorizes the director of DGS, with the consent of the Department of State Hospitals (DSH) and the California Department of Corrections and Rehabilitation (CDCR), respectively, to enter into lease agreements with a nonprofit corporation or public governmental agency, for the purpose of conducting special needs and alternative education programs on land located within the grounds of Napa State Hospital (NSH) and the Medical Facility at Vacaville, respectively.
- Specifies that the leases may be renewed for an additional period of no more than 50 years.
- Clarifies that the director of DGS shall periodically review the lease of land within the Medical Facility at Vacaville every five years and make adjustments, if necessary.
- Deletes obsolete provisions relating to the construction of permanent facilities on the leased land, as they have already been built, and makes other technical changes.
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor one-time administrative costs to DGS, to be reimbursed by the COEs, and minor ongoing lease revenues.
COMMENTS: According to the author, this bill is needed to allow the sponsors, the Napa and Solano COEs, to continue providing educational services and learning support to special needs students at the Napa COE Education Center located on the grounds of NSH and the Irene Larsen Educational Center located on the grounds of the Medical Facility at Vacaville.
While current law gives DGS the authority to enter into these lease arrangements with the Napa and Solano COEs for specified educational purposes, it does not permit the leases to be renewed. The Solano COE is particularly concerned because its lease with DGS is set to expire in January 2018. The author reports that DGS, CDCR, and the Solano COE all intend to renew the lease and this bill provides the necessary statutory authorization to execute a new lease by specifying an additional 50-year lease renewal period.
This bill also clarifies that the COEs can lease directly from the state (rather than through a nonprofit), and updates language used to describe these educational programs. Specifically, it replaces the outdated phrase "mentally-retarded program" with the term "special needs and alternative education programs" instead.
The sponsors add that the 50-year lease renewal provision in this bill will also allow the COEs to access state funds to modernize these facilities. They note that COEs do not have bonding capacity to raise local funds and therefore must qualify for state funding to meet their facility needs, including a requirement for the facility to have a lease of at least 40 years.
Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600 FN: 0004188
SENATE THIRD READING
STR Bill Id:SB 1120
Author:(Wolk)
As Amended Ver:June 13, 2016
Majority vote
SENATE VOTE: 37-0
Committee | Votes | Ayes | Noes |
Accountability | 8-0 | Cristina Garcia, Lackey, Burke, Frazier, Beth Gaines, Irwin, Medina, Rodriguez | |
Appropriations | 20-0 | Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood, Chau |
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SUMMARY: Allows the Director of the Department of General Services (DGS) to renew existing lease agreements with the Napa and Solano County Offices of Education (COE) for the operation of special needs and alternative education programs on land located within the grounds of Napa State Hospital and adjacent to the Medical Facility at Vacaville, respectively. Specifically, this bill:
- Authorizes the director of DGS, with the consent of the Department of State Hospitals (DSH) and the California Department of Corrections and Rehabilitation (CDCR), respectively, to enter into lease agreements with a nonprofit corporation or public governmental agency, for the purpose of conducting special needs and alternative education programs on land located within the grounds of Napa State Hospital (NSH) and adjacent to the Medical Facility at Vacaville, respectively.
- Specifies that the leases may be renewed for an additional period of no more than 50 years.
- Deletes obsolete provisions relating to the construction of permanent facilities on the leased land, as they have already been built.
EXISTING LAW:
- Permits DGS, with the consent of DSH, to lease specified property, not to exceed 10 acres, located within the grounds of NSH, to a public governmental agency for the purpose of operating a training program for developmentally delayed persons, a child-care facility, and an educational park, as defined, for a period of no more than 50 years.
- Permits DGS, with the consent of CDCR, to lease specified property, not to exceed 10 acres, located within the Medical Facility at Vacaville to a nonprofit corporation for the purpose of conducting an educational and work program for persons with intellectual disabilities, for a period of no more than 50 years.
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor one-time administrative costs to DGS, to be reimbursed by the COEs, and minor ongoing lease revenues.
COMMENTS: According to the author, this bill is needed to allow the sponsors, the Napa and Solano COEs, to continue providing educational services and learning support to special needs students at the Napa COE Education Center located on the grounds of NSH and the Irene Larsen Educational Center located on the grounds of the Medical Facility at Vacaville.
While current law gives DGS the authority to enter into these lease arrangements with the Napa and Solano COEs for specified educational purposes, it does not permit the leases to be renewed. The Solano COE is particularly concerned because its lease with DGS is set to expire in January 2018. The author reports that DGS, CDCR, and the Solano COE all intend to renew the lease and this bill provides the necessary statutory authorization to execute a new lease by specifying an additional 50-year lease renewal period.
This bill also clarifies that the COEs can lease directly from the state (rather than through a nonprofit), and updates language used to describe these educational programs. Specifically, it replaces the outdated phrase "mentally-retarded program" with the term "special needs and alternative education programs" instead.
The sponsors add that the 50-year lease renewal provision in this bill will also allow the COEs to access state funds to modernize these facilities. They note that COEs do not have bonding capacity to raise local funds and therefore must qualify for state funding to meet their facility needs, including a requirement for the facility to have a lease of at least 40 years.
Analysis Prepared by: Scott Herbstman / A. & A.R. / (916) 319-3600 FN: 0003975
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1120
Author:(Wolk) – As Amended Ver:June 13, 2016
Policy Committee: | Accountability and Administrative Review | Vote: | 8 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes the Department of General Services (DGS) to renew existing lease agreements, for up to 50 years, with the Napa and Solano County Offices of Education (COEs) to continue operating special needs and alternative education programs on the grounds of the Napa State Hospital (NSH), with the consent of the Department of State Hospitals (DSH), and adjacent to the California Medical Facility (CMF) in Vacaville, with the consent of the California Department of Corrections and Rehabilitation (CDCR).
FISCAL EFFECT:
Minor one-time administrative costs to DGS, to be reimbursed by the COEs, and minor ongoing lease revenues.
COMMENTS:
Purpose. According to the author, this bill is needed to allow the respective COEs to continue providing educational services and learning support to special needs students at the Napa COE Education Center at NSH and the Irene Larsen Educational Center located adjacent to the CMF.
The Solano COE is particularly concerned because its lease with DGS is set to expire in January 2018. The author reports that DGS, CDCR, and the Solano COE all intend to renew the lease and this bill provides the necessary statutory authorization to execute a new lease by specifying an additional 50-year lease renewal period.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
Cristina Garcia, Chair
SBPCA Bill Id:SB 1120
Author:(Wolk) – As Amended Ver:June 13, 2016
SENATE VOTE: 37-0
SUBJECT: Director of General Services: state medical facilities: leases
SUMMARY: Allows the Director of the Department of General Services (DGS) to renew existing lease agreements with the Napa and Solano County Offices of Education (COE) for the operation of special needs and alternative education programs on land located within the grounds of Napa State Hospital and adjacent to the Medical Facility at Vacaville, respectively. Specifically, this bill:
- Authorizes the director of DGS, with the consent of the Department of State Hospitals (DSH) and the California Department of Corrections and Rehabilitation (CDCR), respectively, to enter into lease agreements with a nonprofit corporation or public governmental agency, for the purpose of conducting special needs and alternative education programs on land located within the grounds of Napa State Hospital (NSH) and adjacent to the Medical Facility at Vacaville, respectively.
- Specifies that the leases may be renewed for an additional period of no more than 50 years.
- Deletes obsolete provisions relating to the construction of permanent facilities on the leased land, as they have already been built.
EXISTING LAW:
- Permits DGS, with the consent of DSH, to lease specified property, not to exceed 10 acres, located within the grounds of NSH, to a public governmental agency for the purpose of operating a training program for developmentally delayed persons, a child-care facility, and an educational park, as defined, for a period of no more than 50 years.
- Permits DGS, with the consent of CDCR, to lease specified property, not to exceed 10 acres, located within the Medical Facility at Vacaville to a nonprofit corporation for the purpose of conducting an educational and work program for persons with intellectual disabilities, for a period of no more than 50 years.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, this bill is needed to allow the sponsors, the Napa and Solano COEs, to continue providing educational services and learning support to special needs students at the Napa COE Education Center located on the grounds of NSH and the Irene Larsen Educational Center located on the grounds of the Medical Facility at Vacaville.
While current law gives DGS the authority to enter into these lease arrangements with the Napa and Solano COEs for specified educational purposes, it does not permit the leases to be renewed. The Solano COE is particularly concerned because its lease with DGS is set to expire in January 2018. The author reports that DGS, CDCR, and the Solano COE all intend to renew the lease and this bill provides the necessary statutory authorization to execute a new lease by specifying an additional 50-year lease renewal period.
This bill also clarifies that the COEs can lease directly from the state (rather than through a nonprofit), and updates language used to describe these educational programs. Specifically, it replaces the outdated phrase "mentally-retarded program" with the term "special needs and alternative education programs" instead.
The sponsors add that the 50-year lease renewal provision in this bill will also allow the COEs to access state funds to modernize these facilities. They note that COEs do not have bonding capacity to raise local funds and therefore must qualify for state funding to meet their facility needs, including a requirement for the facility to have a lease of at least 40 years.
REGISTERED SUPPORT / OPPOSITION:
Support
Napa County Office of Education (sponsor)
Solano County Office of Education (sponsor)
Opposition
None on file.
Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 1120
:
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 4/12/16
AYES: Hall, Berryhill, Block, Gaines, Galgiani, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Vidak
NO VOTE RECORDED: Runner
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SOURCE: Solano County Office of Education
DIGEST: This bill authorizes the Director of the Department of General Services (DGS), with the consent of the California Department of Corrections and Rehabilitation (CDCR), to renew an existing lease agreement with the Solano County Office of Education for the operation of the Irene Larsen Education Center for persons with intellectual disabilities on land located within the grounds of the Medical Facility at Vacaville for a period not to exceed 50 years.
ANALYSIS:
Existing law:
- Authorizes DGS with the consent of the CDCR, to lease a specified property located within the Medical Facility at Vacaville to a nonprofit corporation for the purpose of conducting an educational and work program for persons with intellectual disabilities, for a period not to exceed 50 years, and for the property not to exceed 10 acres.
- Specifies that a lease executed within the Medical Facility at Vacaville shall include a provision that the lease shall be canceled if permanent facilities are not constructed on the leased land within five years.
- Provides that a lease pursuant to the property located within the Medical Facility at Vacaville may be assigned or sublet in whole or in part by the lessee nonprofit corporation to any public agency with the approval of the Director of DGS and the CDCR
This bill:
- Authorizes the director of DGS, with the consent of CDCR, to enter into a lease agreement with a nonprofit corporation or a public entity, for the purpose of conducting an education and work program for persons with intellectual disabilities.
- Specifies that the lease may be renewed for an additional period not to exceed 50 years.
- Deletes an obsolete provision that specifies that the lease shall be canceled if permanent facilities are not constructed on the leased land within five years after the effective date of the amendments to this section enacted at the 1967 Regular Session of the Legislature.
Background
Purpose of the bill. The author argues that this bill makes clear that DGS may renew the lease for an additional 50 year term. In addition, the bill also specifies that the lessee may now be a public entity so that the local educational agency can lease directly from the state without a nonprofit.
History. In 1967, the Legislature gave DGS the authority to lease a specified property located within the Medical Facility at Vacaville, which at that time was owned by the CDCR, to a nonprofit corporation to conduct an educational and work program for persons with intellectual disabilities. By 1968, the lease was signed between the state and the Solano County Office of Education (Solano COE) for a facility known as the Irene Larsen Education Center. The lease is set to expire on January 31, 2018.
While the Solano COE, DGS and CDCR intend to renew the lease, it is believed that current law needs to be amended to execute a new lease.
Irene Larsen Education Center. The Irene Larsen Education Center is a special education center that primarily services children, from birth to five years of age, with special education needs. The center is comprised of four infant-toddler programs and six preschool programs. The center also houses a full inclusion ChildStart Program, which includes children ages 3-5, and a post-secondary program for young adults with developmental disabilities.
The Irene Larsen Education Center currently serves 98 students, with the majority being infant/toddlers and preschool students. Students at the center reside in the Vacaville or Travis Unified School Districts and qualify for Special Education services due to moderate to severe disabilities requiring a low student/teacher ratio. Students receive instruction in twelve classrooms.
The Irene Larsen Education Center also employs over 40 staff members as teachers, paraprofessionals, speech/language specialists, occupational and physical therapists, school psychologists, nurses, clerical staff and administrators.
Prior/Related Legislation
SB 528 (Pan, 2015) would have increased the maximum term for DGS to enter into lease agreements for the acquisition of property from five to 11 years without requiring Legislative oversight. (Held in Senate Governmental Organization Committee at author’s request)
AB 166 (Gaines, Chapter 211, Statutes of 2015) authorized DGS, with the consent of CDCR, to enter into a long-term lease for land on the grounds of the California State Prison at Folsom for a non-state funded peace officers memorial and museum.
AB 1503 (Gaines, 2014) would have required DGS, with the consent of CDCR, to lease vacant real property on the grounds of Folsom State Prison to the Old Guard Foundation, Inc., or a similar and related nonprofit entity, for the construction and operation of a peace officers memorial and museum facility. (Vetoed by the Governor)
SB 1217 (Dutton, Chapter 707, Statutes of 2012) reauthorized a statute that expressly allows the Director of DGS, with the consent of the Department of State Hospitals, to lease a building located at Patton State Hospital to a nonprofit corporation or local government, for a period not to exceed 20 years, for the purpose of providing services to elderly persons.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Solano County Office of Education (source)
OPPOSITION: (Verified 4/25/16)
None received
ARGUMENTS IN SUPPORT: According to the Solano County Office of Education, “the Solano COE is able to lease the Irene Larsen property from the state pursuant to a law enacted in 1967. This provision grants DGS the authority to lease property owned by CDCR, but it does not specifically permit the state to renew its lease. By 1968, a 50 year lease commenced between the parties; that lease expires on January 31, 2018. In order to receive funding to modernize and construct new facilities at Irene Larsen, the State Allocation Board (SAB) requires the facility to have a lease of at least forty years. Solano County, like all county offices of education, does not have bonding capacity to raise facility funding without state assistance through SAB. SB 1120 is a practical bill that allows the Solano COE to continue providing services to its student body.
4/27/16 15:57:21
**** END ****
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: 1120 Hearing Date: 4/12/2016
Author: | |||
Version: | 2/17/2016 Introduced | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Felipe Lopez | ||
SUBJECT: Director of General Services: Medical Facility at Vacaville: lease
DIGEST: This bill authorizes the Director of the Department of General Services (DGS), with the consent of the California Department of Corrections and Rehabilitation (CDCR), to renew an existing lease agreement with the Solano County Office of Education for the operation of the Irene Larsen Education Center for persons with intellectual disabilities on land located within the grounds of the Medical Facility at Vacaville for a period not to exceed 50 years.
ANALYSIS:
Existing law:
- Authorizes DGS with the consent of the CDCR, to lease a specified property located within the Medical Facility at Vacaville to a nonprofit corporation for the purpose of conducting an educational and work program for persons with intellectual disabilities, for a period not to exceed 50 years, and for the property not to exceed 10 acres.
- Specifies that a lease executed within the Medical Facility at Vacaville shall include a provision that the lease shall be canceled if permanent facilities are not constructed on the leased land within five years.
- Provides that a lease pursuant to the property located within the Medical Facility at Vacaville may be assigned or sublet in whole or in part by the lessee nonprofit corporation to any public agency with the approval of the Director of DGS and the CDCR
This bill:
- Authorizes the director of DGS, with the consent of CDCR, to enter into a lease agreement with a nonprofit corporation or a public entity, for the purpose of conducting an education and work program for persons with intellectual disabilities.
- Specifies that the lease may be renewed for an additional period not to exceed 50 years.
- Deletes an obsolete provision that specifies that the lease shall be canceled if permanent facilities are not constructed on the leased land within five years after the effective date of the amendments to this section enacted at the 1967 Regular Session of the Legislature.
Background
Purpose of the bill. The author argues that this bill makes clear that DGS may renew the lease for an additional 50 year term. In addition, the bill also specifies that the lessee may now be a public entity so that the local educational agency can lease directly from the state without a nonprofit.
History. In 1967, the Legislature gave DGS the authority to lease a specified property located within the Medical Facility at Vacaville, which at that time was owned by the CDCR, to a nonprofit corporation to conduct an educational and work program for persons with intellectual disabilities. By 1968, the lease was signed between the state and the Solano County Office of Education (Solano COE) for a facility known as the Irene Larsen Education Center. The lease is set to expire on January 31, 2018.
While the Solano COE, DGS and CDCR intend to renew the lease, it is believed that current law needs to be amended to execute a new lease.
Irene Larsen Education Center. The Irene Larsen Center is a special education center that primarily services children, from birth to five years of age, with special education needs. The center is comprised of four infant-toddler programs and six preschool programs. The center also houses a full inclusion ChildStart Program, which includes children ages 3-5, and a post-secondary program for young adults with developmental disabilities.
The early intervention program, known as the ME Too Program, serves children from birth to age three with special needs, and their families. The program provides developmental assessments, home visits, parent-toddler classes, speech and language sessions or classes, parent education and support, and other services necessary to support and meet the child’s individual needs.
The preschool classes provide specialized instruction for children three to five years of age who have developmental delays. Programs are provided for children with intensive and non-intensive needs. The program provides children with special needs and typically developing children the opportunity to learn and play together in an integrated setting.
The Larsen center also has a Post-Secondary Program that serves young adults from 18 to 22 years of age with developmental disabilities. The goal of the program is to assist them in learning essential life skills as they transition to adulthood.
The Larsen Education Center currently serves 98 students, with the majority being infant/toddlers and preschool students. Students at the center reside in the Vacaville or Travis Unified School Districts and qualify for Special Education services due to moderate to severe disabilities requiring a low student/teacher ratio. Students receive instruction in twelve classrooms.
The Larsen Center also employs over 40 staff members as teachers, paraprofessionals, speech/language specialists, occupational and physical therapists, school psychologists, nurses, clerical staff and administrators.
Prior/Related Legislation
SB 528 (Pan, 2015) would have increased the maximum term for DGS to enter into lease agreements for the acquisition of property from five to 11 years without requiring Legislative oversight. (Held in Senate Governmental Organization Committee at author’s request)
AB 166 (Gaines, Chapter 211, Statutes of 2015) authorized DGS, with the consent of CDCR, to enter into a long-term lease for land on the grounds of the California State Prison at Folsom for a non-state funded peace officers memorial and museum.
AB 1503 (Gaines, 2014) would have required DGS, with the consent of CDCR, to lease vacant real property on the grounds of Folsom State Prison to the Old Guard Foundation, Inc., or a similar and related nonprofit entity, for the construction and operation of a peace officers memorial and museum facility. (Vetoed by the Governor)
SB 1217 (Dutton, Chapter 707, Statutes of 2012) reauthorized a statute that expressly allows the Director of DGS, with the consent of the Department of State Hospitals, to lease a building located at Patton State Hospital to a nonprofit corporation or local government, for a period not to exceed 20 years, for the purpose of providing services to elderly persons.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
SUPPORT:
Solano County Office of Education (Sponsor)
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: According to the Solano County Office of Education, “the Solano COE is able to lease the Irene Larsen property from the state pursuant to a law enacted in 1967. This provision grants DGS the authority to lease property owned by CDCR, but it does not specifically permit the state to renew its lease. By 1968, a 50 year lease commenced between the parties; that lease expires on January 31, 2018. In order to receive funding to modernize and construct new facilities at Irene Larsen, the State Allocation Board (SAB) requires the facility to have a lease of at least forty years. Solano County, like all county offices of education, does not have bonding capacity to raise facility funding without state assistance through SAB. SB 1120 is a practical bill that allows the Solano COE to continue providing services to its student body.”
Discussed in Hearing
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