SECTIONS 11000-11019.10 - California Statutes

GOVERNMENT CODE

SECTION 11000-11019.10

11000. (a) As used in this title, "state agency" includes every
state office, officer, department, division, bureau, board, and
commission. As used in any section of this title that is added or
amended effective on or after January 1, 1997, "state agency" does
not include the California State University unless the section
explicitly provides that it applies to the university.
(b) References to particular state agencies in this title, without
further identification, such as to the "Treasurer" or "Department of
General Services," are references to the state officer or agency
known by that name.

11000.7. Notwithstanding any other provision of law, every state
agency shall establish the license periods and renewal dates for all
licenses issued by the agencies in the manner as best to distribute
the renewal work of all agencies throughout each year and permit the
most efficient and economical use of personnel and equipment. To the
extent practicable, provision shall be made for the proration or
other adjustment of fees in the manner that no person shall be
required to pay a greater or lesser fee than he or she would have
been required to pay if the change in license periods or renewal
dates had not occurred.
Nothing in this section shall authorize any state agency to vary
the period of any license which is issued other than as authorized by
law.

11001. Any state agency may make exhibits descriptive or
illustrative of any activity or pursuit relating to its work or
affairs at any international, state, district, county or municipal
fair, exposition or exhibit, authorized or recognized by the laws of
the state or acts of Congress and may pay all actual and necessary
expenses incurred in making the exhibits from any appropriation
available for the use, support or maintenance of the agency.

11002. If a remittance to cover a payment required by law to be
made to the state or to a state agency on or before a specified date
is sent through the United States mail or through a bona fide
commercial delivery service, as determined by the state or the state
agency addressee, properly addressed with postage prepaid, it shall
be deemed received on the date shown by the cancellation mark stamped
upon the envelope containing the remittance or on the date it was
mailed if proof satisfactory to the state or state agency establishes
that the mailing occurred on an earlier date.
If a remittance to cover a payment required by law to be made to
the state or to a state agency on or before a specified time on a
specified date is sent through the United States mail or through a
bona fide commercial delivery service, as determined by the state or
the state agency addressee, properly addressed with postage prepaid,
and the cancellation mark is placed on the envelope after it is
deposited in the mail:
(a) Where the cancellation mark shows both date and time, the
remittance shall be deemed received on the date shown by the
cancellation mark and by the time specified by law for that date.
(b) Where the cancellation mark shows only the date, the
remittance shall be deemed received within the time and date
specified when the cancellation mark bears a date on or before which
payment is required.

11003. If an application, tax return or claim for credit or refund
required by law to be filed with the state or state agency on or
before a specified date is filed with a state agency through the
United States mail or through a bona fide commercial delivery
service, as determined by the state or the state agency addressee,
properly addressed with postage prepaid, it shall be deemed filed on
the date shown by the cancellation mark stamped on the envelope
containing it, or on the date it was mailed if proof satisfactory to
the state agency establishes that the mailing occurred on an earlier
date.
If an application, tax return or claim for credit or refund
required by law to be filed with the state or state agency on or
before a specified time on a specified date is sent through the
United States mail or through a bona fide commercial delivery
service, as determined by the state or the state agency addressee,
properly addressed with postage prepaid, and the cancellation mark is
placed on the envelope after it is deposited in the mail:
(a) Where the cancellation mark shows both date and time, the
application, tax return or claim for credit or refund shall be deemed
filed on the date shown by the cancellation mark and by the time
specified by law for that date.
(b) Where the cancellation mark shows only the date, the
application, tax return or claim for credit or refund shall be deemed
filed within the time and date specified when the cancellation mark
bears a date on or before the specified date of filing.

11004. Sections 11002 and 11003 do not apply to:
(a) Applications or other documents required or permitted to be
filed under the Chapter 1 (commencing with Section 10100) of Division
2 of the Public Contract Code.
(b) Applications to appropriate water under Division 2 (commencing
with Section 1000) of the Water Code.

11005. (a) Unless the Legislature specifically provides that
approval is not required, every gift or dedication to the state of
personal property, or every gift to the state of real property in fee
or in any lesser estate or interest, shall be approved by the
Director of Finance, and every contract for the acquisition or hiring
of real property in fee or in any lesser estate or interest, entered
into by or on behalf of the state, shall be approved by the Director
of General Services. Any contract entered into in violation of this
section is void. This section applies to any state agency that, by
general or specific statute, is expressly or impliedly authorized to
enter into transactions referred to in this section.
(b) This section does not apply (1) to unconditional gifts of
money, (2) to the acquisition or hiring by the Department of
Transportation of real property in fee or in any lesser estate or
interest for highway purposes, but does apply to the hiring by that
department of office space in any office building, (3) to contracts
entered into under the authority of Chapter 4 (commencing with
Section 11770) of Part 3 of Division 2 of the Insurance Code, (4) to
the receipt of donated, unencumbered personal property from private
sources received in conjunction with the administration of the
Federal Surplus Personal Property Program by the Department of
General Services, (5) to the receipt of gifts of personal property in
the form of interpretive or historical objects, each valued at
fifteen thousand dollars ($15,000) or less, by the Department of
Parks and Recreation, or (6) the acceptance by the State Coastal
Conservancy of offers to dedicate public accessways made pursuant to
Division 20 (commencing with Section 30000) of the Public Resources
Code.

11005.1. The Director of Finance may accept on behalf of the State
any gift of real or personal property whenever he deems such gift and
the terms and conditions thereof to be in the best interest of the
State.

11005.2. Unless the Legislature specifically provides that approval
by the Director of General Services is not required, every
conveyance, contract, or agreement whereby an interest of the state
in any real property is conveyed, demised, or let to any person,
shall, before the conveyance, contract, or agreement is executed or
entered into, be approved by the Director of General Services. Any
conveyance, contract, or agreement executed or entered into in
violation of this section is void. This section shall apply to any
state agency which, by general or specific statute, is expressly or
impliedly authorized to enter into transactions referred to in this
section.
This section does not apply to real property acquired by the
Department of Transportation for highway purposes or real property
administered by the State Lands Commission, the Controller, or the
State Compensation Insurance Fund.

11005.3. Any state department, board, or commission may lease any
real property for the use of the state agency for storage, warehouse,
or office purposes provided that the lease term does not exceed
three years and the annual rental does not exceed fifty thousand
dollars ($50,000).
Prior approval to engage in any lease activity shall first be
obtained from the Department of General Services and the lease
agreement shall be subject to approval by the department.

11005.4. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Accepted nutritional guidelines" as used in this section
means the following:
(A) Beverages that are the following or meet the following
standards:
(i) Water.
(ii) Milk, including, but not limited to, soy milk, rice milk, and
other similar dairy or nondairy milk.
(iii) Electrolyte replacement beverages that do not contain more
than 42 grams of added sweetener per 20-ounce serving.
(iv) One hundred percent fruit juice.
(v) Fruit-based drinks that are composed of no less than 50
percent fruit juice and that have no added sweeteners.
(B) Food that meets the following standards:
(i) Not more than 35 percent of its total calories are from fat.
This clause does not apply to nuts, seeds, or whole grain products.
(ii) Not more than 10 percent of its total calories are from
saturated fats.
(iii) Not more than 35 percent of its total weight is from sugar.
This clause does not apply to fruits and vegetables.
(2) "Added sweetener" means any additive that enhances the
sweetness of a beverage, including, but not limited to, added sugar,
but does not include the natural sugar or sugars that are contained
within the fruit juice that is a component of the beverage.
(3) "State property" as used in this section means all real
property, or part thereof, used for state purposes and either owned,
leased, rented, or otherwise controlled by, and occupied by, any
state agency.
(4) "Vending machine" means any mechanical device the operation of
which depends upon the insertion of a coin or other thing
representative of value and that dispenses or vends a food product or
beverage, but does not include any mechanical device that is unable
to dispense any food or beverage meeting accepted nutritional
guidelines without physical alteration or any mechanical device that
solely dispenses or vends hot beverages or ice cream.
(b) A vendor that operates or maintains a vending machine on state
property shall do all of the following:
(1) Offer at least 35 percent of the food in a vending machine
that meets accepted nutritional guidelines.
(2) Offer at least one-third of the beverages in a vending machine
that meets accepted nutritional guidelines. A separate one-third of
the beverages offered in the vending machine shall either meet
accepted nutritional guidelines or be flavored milk, beverages
containing less than 20 calories per 12 ounce serving, or beverages
that are composed of at least 50 percent fruit juice that may contain
noncaloric sweetener. The remaining one-third of the beverages
offered in the vending machine may be any beverage allowed by law.
(c) A vendor may meet the requirements in subdivision (b) by
offering 25 percent of the food in a vending machine that meets
accepted nutritional guidelines by January 1, 2009, and by offering
the total 35 percent of the food required to meet accepted
nutritional guidelines by January 1, 2011.
(d) If a vendor operates or maintains two or more vending machines
that are located next to each other, the provisions of subdivisions
(b) and (c) may be met by calculating the percentage of the total
food and beverages offered in all of the adjacent machines.
(e) This section shall remain in effect only until four years
after the last date that a vendor may meet the requirements of
paragraph (1) of subdivision (b), as specified in subdivision (c),
and as of that date is repealed, unless a later enacted statute, that
is enacted before that date, deletes or extends that date.

11005.5. After January 1, 1983, if property is to be constructed,
purchased, or leased, or any interest is acquired in the property,
for a period of five years firm term or more, for the conduct of
state business and the property is located in a standard metropolitan
statistical area (SMSA) with a population of 250,000 or more
according to the most recent decennial census, which is served by a
public transit operator, as defined in Section 99210 of the Public
Utilities Code, and is not located within a public transit corridor,
as defined in Section 50093.5 of the Health and Safety Code, the
property shall be subject to the determination required in Section
15808.1.

11005.6. Any lease of property by a state agency for warehouse or
office uses which is entered into or renewed on or after January 1,
1991, shall contain all of the following:
(a) The state agency leasing space through any contract shall have
access at all times to the leased facilities for the purpose of
securing documents and information deemed vital to the continuation
of the business of the state, subject to a good faith effort by the
agency to obtain the building owner's permission when exercising its
right of access.
(b) Provisions for late payments, interest penalties on late
payments, and eviction procedures.

11005.7. The Department of General Services on or before July 1,
1991, shall develop procedures and policies to expedite normal
procedures for purchasing, leasing, and contracting during a business
interruption.

11006. (a) Notwithstanding any other provision of law, a state
agency that requires fingerprinting for any non-law-enforcement
purpose shall not require the use of specified live scan
fingerprinting service providers certified by the Department of
Justice to roll fingerprint impressions, as provided for under
Section 11102.1 of the Penal Code.
(b) A state agency may identify on its Web site a list of live
scan fingerprinting service providers certified by the Department of
Justice. If a state agency does identify on its Web site a list of
live scan fingerprinting service providers certified by the
Department of Justice, then it shall provide a link to the Department
of Justice's Web site that lists all certified live scan
fingerprinting service providers.

11006.5. (a) It is the intent of the Legislature that Year 2000
Problem identification and remediation be the top information
technology priority for all state agencies and departments as
specified by executive order of the Governor.
(b) It is the further intent of the Legislature to establish new
dates of completion that are not in conflict with Year 2000 Problem
remediation for all statutorily mandated automation and information
technology systems that are not crucial to public health or safety.
(c) For the purposes of this section, the term "Year 2000 Problem"
has the same meaning as that set forth in subdivision (a) of Section
3269 of the Civil Code.

11007. (a) Except as expressly authorized by law or as specifically
authorized by the Director of General Services, property belonging
to the state shall not be insured against risk of damage or
destruction by fire, and the policies of fire insurance upon any
property belonging to the state shall not be renewed. This section is
not applicable to the State Compensation Insurance Fund nor to
property owned by it.
(b) Notwithstanding the provisions of subdivision (a), the
Director of General Services may establish a master builders' risk
insurance program for all state construction projects during
construction.
(c) Insurance authorized by this section shall be procured
utilizing insurance procurement procedures approved by the Director
of General Services.
(d) The master builders' risk insurance program established
pursuant to subdivision (b) shall provide that if a master policy is
issued, that policy shall require a deductible from the contractor of
at least twenty-five thousand dollars ($25,000).

11007.1. The Department of Transportation, when it has acquired
title to any real property for highway purposes and leases such
property for commercial or business uses to the former owner for a
term exceeding six months, may secure insurance against the risk of
damage or destruction by fire where the former owner requests this
coverage and the premium therefor is included in the rental agreed to
be paid.

11007.4. (a) As used in this section:
(1) "Employee" includes an officer, employee, or servant, whether
or not compensated, but does not include an independent contractor.
(2) "Employment" includes office or employment.
(3) "Injury" means death, injury to a person, damage to or loss of
property, or any other injury that a person may suffer to his
person, reputation, character, feelings or estate, of such a nature
that it would be actionable if inflicted by a private person.
(b) Except for a liability which may be insured against pursuant
to Division 4 (commencing with Section 3201) of the Labor Code, any
state agency may, subject to Section 11007.7:
(1) Insure itself against all or any part of any tort or inverse
condemnation liability.
(2) Insure any employee of the state against all or any part of
his liability for injury resulting from an act or omission in the
scope of his employment.
(3) Insure against the expense of defending a claim against the
state agency or its employee, whether or not liability exists on such
claim.
(c) The insurance authorized by this section may be provided by:
(1) Self-insurance, which may be, but is not required to be,
funded by appropriations to establish or maintain reserves for
self-insurance purposes.
(2) Insurance in any insurer authorized to transact such insurance
in this state.
(3) Insurance secured in accordance with Chapter 6 (commencing
with Section 1760) of Part 2 of Division 1 of the Insurance Code.
(4) Any combination of insurance authorized by paragraphs (1), (2)
and (3).
(d) The authority provided by this section to insure does not
affect any other statute that authorizes or requires any state agency
to insure against its liability or the liability of its employees.
Except as otherwise provided in Section 11007.7, no other statute
limits or restricts the authority to insure under this section.
(e) Neither the authority provided by this section to insure, nor
the exercise of such authority, shall:
(1) Impose any liability on the state or an employee thereof
unless such liability otherwise exists.
(2) Impair any defense the state or an employee thereof otherwise
may have.

11007.5. Any state agency, with the approval of the Department of
General Services, may secure insurance protecting the state against
loss by burglary, robbery, theft, or embezzlement of funds or
securities belonging to the state which are in the possession or
control of the agency.

11007.6. Any state agency may, subject to rules and regulations of
the California Victim Compensation and Government Claims Board,
insure its officers and employees not covered by Part 2.6 (commencing
with Section 19815) of Division 5 against injury or death incurred
while flying on state business in any, except regularly scheduled,
passenger aircraft.

11007.7. (a) The procurement of insurance or official bonds by any
state agency shall be subject to approval of the Department of
General Services. Any procurement of this type, upon request of the
state agency concerned, may be made by the Department of General
Services on behalf of the agency.
(b) Whenever the procurement of insurance or official bonds for,
or on behalf of, the state is authorized by law and no state agency
is specifically authorized to purchase the insurance or official
bonds, the Department of General Services may procure the insurance
or official bonds.
(c) This section shall not apply to any of the following:
(1) Insurance procured by the Department of Transportation or the
California Transportation Commission under Sections 100.7 and 30450
to 30453, inclusive, of the Streets and Highways Code.
(2) Workers' compensation insurance procured under Section 11870
of the Insurance Code.
(3) Insurance procured by the California State University.
(4) An insurance and risk pooling arrangement formed pursuant to a
joint powers agreement as specified in Section 6516.

11007.8. (a) If a state agency is authorized to procure insurance,
that agency may operate and administer a self-insurance program. The
agency may contract with the Department of General Services for the
development and administration of a self-insurance program.
(b) The department may develop and administer self-insurance
programs for any state agency pursuant to its authority under Section
11007.7.

11008. Whenever any State agency except the State Compensation
Insurance Fund has drawn against any bank account for the payment of
any claim and payment of the claim has not been made for a period of
six months by reason of the failure of the claimant to present the
instrument to the bank, the State agency shall pay the amount of the
claim to the Treasurer in trust.

11008.2. Any regulation, order, or other action, adopted,
prescribed, taken, or performed by the former Technology, Trade, and
Commerce Agency as it existed on December 31, 2003, including any
office, division, board, or subdivision of the agency or by an
official of the agency in the administration of a program or the
performance of a duty, responsibility, or authorization transferred
to another state department or agency, shall remain in effect and
shall be deemed to be a regulation, order, or action of the agency or
department to which the responsibility was transferred.

11008.5. Any program administered in part or whole by the
Technology, Trade, and Commerce Agency prior to January 1, 2004,
pursuant to an interagency agreement with another state department or
agency shall be the responsibility of the other party or parties to
that interagency agreement.

11009. Except as otherwise expressly provided by law, the members
of State boards and commissions shall serve without compensation, but
shall be allowed necessary expenses incurred in the performance of
duty.

11010. (a) When a state agency, supported from the General Fund, is
required to collect from any person, firm, or corporation a
proportionate share of the cost of providing any service, inspection,
or audit, that share shall include:
(1) A proration of the cost to the state, as determined by the
Department of General Services, of janitor service for the agency and
of the charge for rent actually made for space occupied by the
agency in a state-owned building or that would be charged that agency
were it required to pay rent for that occupancy.
(2) A proration of the administrative costs of the agency, as
defined in Section 11270.
(3) The pro rata share of the cost of insuring motor vehicles
belonging to the state agency against liability for damages resulting
from the ownership or operation of motor vehicles and arising under
Article 1 (commencing with Section 17000) of Chapter 1 of Division 9
of the Vehicle Code or, in the discretion of the Director of General
Services, an amount that he or she considers equivalent to that pro
rata share to be expended by him or her in accordance with law in
paying claims under that article and for their investigation,
adjustment, defense and administration.
(4) The pro rata cost of workers' compensation insurance and bonds
covering the officers and employees of the state agency.
(5) A proration of the state's retirement contribution for the
employees engaged in providing the services, inspection or audit.
(6) A proration of the state's contribution toward the cost of
medical and hospital care, including administrative costs, and the
cost of procuring liability insurance coverage, for the employees
engaged in providing the services, inspection or audit.
(7) A proration of the cost of the Attorney General's services
rendered the agency.
(8) A proration of any other costs to the state for providing the
service, inspection or audit.
(b) (1) Except as provided in paragraphs (2) and (3),
notwithstanding any other provision of law, no state agency,
supported from the General Fund, shall levy or collect any fee or
charge in an amount that exceeds the estimated actual or reasonable
cost of providing the service, inspection, or audit for which the fee
or charge is levied or collected, including those costs specified in
subdivision (a).
(2) In the event of a conflict between this subdivision and
Article 5 (commencing with Section 12990) of Chapter 2 of Division 3
of the Insurance Code, relating to fees charged by the Department of
Insurance, the provisions of the Insurance Code shall prevail.
(3) This subdivision shall not apply to any fee or charge whose
amount is specified in statute.

11010.5. (a) Where authority is vested in any state agency to
contract on behalf of the state, such authority shall include the
power, by mutual consent of the contracting parties, to terminate,
amend, or modify any contract within the scope of such authorization
heretofore or hereafter entered into by such state agency. The
modification, amendment, or termination of any contract subject by
law to the approval of the Department of General Services, Director
of General Services, or other state agency, shall also be subject to
such approval.
(b) Subdivision (a) of this section does not apply to contracts
entered into pursuant to any statute expressly requiring that such
contracts be let or awarded on the basis of competitive bids.
Contracts required to be let or awarded on the basis of competitive
bids pursuant to any such statute may be terminated, amended, or
modified only if such termination, amendment, or modification is so
provided in the contract or is authorized under provision of law
other than this subdivision. The compensation payable if any for such
amendments and modifications shall be determined as provided in the
contract. The compensation payable if any in the event the contract
is so terminated shall be determined as provided in the contract or
applicable statutory provision providing for such termination.
(c) Contracts of state agencies may include provisions for
termination for environmental considerations at the discretion of
such state agencies.

11011. (a) On or before December 31 of each year, each state agency
shall make a review of all proprietary state lands, other than
tax-deeded land, land held for highway purposes, lands under the
jurisdiction of the State Lands Commission, land that has escheated
to the state or that has been distributed to the state by court
decree in estates of deceased persons, and lands under the
jurisdiction of the State Coastal Conservancy, over which it has
jurisdiction to determine what, if any, land is in excess of its
foreseeable needs and report thereon in writing to the Department of
General Services. These lands shall include, but not be limited to,
the following:
(1) Land not currently being utilized, or currently being
underutilized, by the state agency for any existing or ongoing state
program.
(2) Land for which the state agency has not identified any
specific utilization relative to future programmatic needs.
(3) Land not identified by the state agency within its master
plans for facility development.
(b) Jurisdiction of all land reported as excess shall be
transferred to the Department of General Services, when requested by
the director of that department, for sale or disposition under this
section or as may be otherwise authorized by law.
(c) The Department of General Services shall report to the
Legislature annually, the land declared excess and request
authorization to dispose of the land by sale or otherwise.
(d) The Department of General Services shall review and consider
reports submitted to the Director of General Services pursuant to
Section 66907.12 of this code and Section 31104.3 of the Public
Resources Code prior to recommending or taking any action on surplus
land, and shall also circulate the reports to all agencies that are
required to report excess land pursuant to this section. In
recommending or determining the disposition of surplus lands, the
Director of General Services may give priority to proposals by the
state that involve the exchange of surplus lands for lands listed in
those reports.
(e) Except as otherwise provided by any other law, whenever any
land is reported as excess pursuant to this section, the Department
of General Services shall determine whether or not the use of the
land is needed by any other state agency. If the Department of
General Services determines that any land is needed by any other
state agency it may transfer the jurisdiction of this land to the
other state agency upon the terms and conditions as it may deem to be
for the best interests of the state.
(f) When authority is granted for the sale or other disposition of
lands declared excess, and the Department of General Services has
determined that the use of the land is not needed by any other state
agency, the Department of General Services shall sell the land or
otherwise dispose of the same pursuant to the authorization, upon any
terms and conditions and subject to any reservations and exceptions
as the Department of General Services may deem to be for the best
interests of the state. The Department of General Services shall
report to the Legislature annually, with respect to each parcel of
land authorized to be sold under this section, giving the following
information:
(1) A description or other identification of the property.
(2) The date of authorization.
(3) With regard to each parcel sold after the next preceding
report, the date of sale and price received, or the value of the land
received in exchange.
(4) The present status of the property, if not sold or otherwise
disposed of at the time of the report.
(g) Except as otherwise specified by law, the net proceeds
received from any real property disposition, including the sale,
lease, exchange, or other means, that is received pursuant to this
section shall be paid into the Deficit Recovery Bond Retirement
Sinking Fund Subaccount, established pursuant to subdivision (f) of
Section 20 of Article XVI of the California Constitution, until the
time that the bonds issued pursuant to the Economic Recovery Bond Act
(Title 18 (commencing with Section 99050)), approved by the voters
at the March 2, 2004, statewide primary election, are retired.
Thereafter, the net proceeds received pursuant to this section shall
be deposited in the Special Fund for Economic Uncertainties.
For purposes of this section, net proceeds shall be defined as
proceeds less any outstanding loans from the General Fund, or
outstanding reimbursements due to the Property Acquisition Law Money
Account for costs incurred prior to June 30, 2005, related to the
management of the state's real property assets, including, but not
limited to, surplus property identification, legal research,
feasibility statistics, activities associated with land use, and due
diligence.
(h) The Director of Finance may approve loans from the General
Fund to the Property Acquisition Law Money Account, which is hereby
created in the State Treasury, for the purposes of supporting the
management of the state's real property assets.
(i) Any rentals or other revenues received by the department from
real properties, the jurisdiction of which has been transferred to
the Department of General Services under this section, shall be
deposited in the Property Acquisition Law Money Account and shall be
available for expenditure by the Department of General Services upon
appropriation by the Legislature.
(j) Nothing contained in this section shall be construed to
prohibit the sale, letting, or other disposition of any state lands
pursuant to any law now or hereafter enacted authorizing the sale,
letting, or disposition.
(k) (1) The disposition of a parcel of surplus state real
property, pursuant to Section 11011.1, made on an "as is" basis shall
be exempt from Chapter 3 (commencing with Section 21100) to Chapter
6 (commencing with Section 21165), inclusive, of Division 13 of the
Public Resources Code. Upon title to the parcel vesting in the
purchaser or transferee of the property, the purchaser or transferee
shall be subject to any local governmental land use entitlement
approval requirements and to Chapter 3 (commencing with Section
21100) to Chapter 6 (commencing with Section 21165), inclusive, of
Division 13 of the Public Resources Code.
(2) If the disposition of a parcel of surplus state real property,
pursuant to Section 11011.1, is not made on an "as is" basis and
close of escrow is contingent on the satisfaction of a local
governmental land use entitlement approval requirement or compliance
by the local government with Chapter 3 (commencing with Section
21100) to Chapter 6 (commencing with Section 21165), inclusive, of
Division 13 of the Public Resources Code, the execution of the
purchase and sale agreement or of the exchange agreement by all
parties to the agreement shall be exempt from Chapter 3 (commencing
with Section 21100) to Chapter 6 (commencing with Section 21165),
inclusive, of Division 13 of the Public Resources Code.
(3) For the purposes of this subdivision, "disposition" means the
sale, exchange, sale combined with an exchange, or transfer of a
parcel of surplus state property.

11011.1. (a) Notwithstanding any other provision of law, except
Article 8.5 (commencing with Section 54235) of Chapter 5 of Part 1 of
Division 2 of Title 5, the disposal of surplus state real property
by the Department of General Services shall be subject to the
requirements of this section. For purposes of this section, "surplus
state real property" means real property declared surplus by the
Legislature and directed to be disposed of by the Department of
General Services, including any real property previously declared
surplus by the Legislature but not yet disposed of by the Department
of General Services prior to the enactment of this section.
(b) (1) The department may dispose of surplus state real property
by sale, lease, exchange, a sale combined with an exchange, or other
manner of disposition of property, as authorized by the Legislature,
upon any terms and conditions and subject to any reservations and
exceptions the department deems to be in the best interests of the
state.
(2) (A) The Legislature finds and declares that the provision of
decent housing for all Californians is a state goal of the highest
priority. The disposal of surplus state real property is a direct and
substantial public purpose of statewide concern and will serve an
important public purpose, including mitigating the environmental
effects of state activities. Therefore, it is the intent of the
Legislature that priority be given, as specified in this section, to
the disposal of surplus state real property to housing for persons
and families of low or moderate income, where land is suitable for
housing and there is a need for housing in the community.
(B) Surplus state real property that has been determined by the
department not to be needed by any state agency shall be offered to
any local agency, as defined in subdivision (a) of Section 54221, and
then to nonprofit affordable housing sponsors, prior to being
offered for sale to private entities or individuals. As used in this
subdivision, "nonprofit affordable housing sponsor" means any of the
following:
(i) A nonprofit corporation incorporated pursuant to Division 2
(commencing with Section 5000) of Title 1 of the Corporations Code.
(ii) A cooperative housing corporation which is a stock
cooperative, as defined by Section 11003.2 of the Business and
Professions Code.
(iii) A limited-dividend housing corporation.
(C) The department, subject to this section, shall maintain a list
of surplus state real property in a conspicuous place on its
Internet Web site. The department shall provide local agencies and,
upon request, members of the public, with electronic notification of
updates to the list of properties.
(D) To be considered as a potential priority buyer of the surplus
state real property, a local agency or nonprofit affordable housing
sponsor shall notify the department of its interest in the surplus
state real property within 90 days of the department posting on its
Internet Web site the notice of the availability of the surplus state
real property. The local agency or nonprofit affordable housing
sponsor shall demonstrate, to the satisfaction of the department,
that the surplus state real property, or portion of that surplus
state real property, is to be used by the local agency or nonprofit
affordable housing sponsor for open space, public parks, affordable
housing projects, or development of local government-owned
facilities. When more than one local agency expresses an interest in
the surplus state real property, priority shall be given to the local
agency that intends to use the surplus state real property for
affordable housing. If no agreement or transfer of title occurs, the
priority shall next be given to the local agency that intends to use
the surplus state real property for open space, public parks, or
development of local government-owned facilities. The sales agreement
shall be executed by the local agency or nonprofit affordable
housing sponsor within 60 days after the director determines the
local agency or nonprofit affordable housing sponsor is to receive
the surplus state real property. The sale of the surplus state real
property to a local agency or nonprofit affordable housing sponsor
pursuant to this section shall be completed, and title transferred,
within 60 days of the date the department executes the sales
agreement, or, if required by law, no later than 60 days after the
State Public Works Board has authorized the sale. If the sale of a
surplus state real property to a local agency or nonprofit affordable
housing sponsor is not completed within the timeframe specified in
this subparagraph, then the department shall proceed with the process
for disposal to other private entities or individuals.
(c) (1) If more than one local agency desires the surplus state
real property for use as an open space, a public park, or the
development of a local government-owned facility, the department
shall transfer the surplus state real property to the local agency
offering the highest price above fair market value. If more than one
local agency desires the surplus state real property for use as an
affordable housing project, the department shall transfer the surplus
state real property to the local agency offering the greatest number
of affordable housing units. If more than one nonprofit affordable
housing sponsor desires the surplus state real property for use as an
affordable housing project, the department shall transfer the
surplus state real property to the nonprofit affordable housing
sponsor offering the greatest number of affordable housing units.
(2) If no local agency or nonprofit affordable housing sponsor is
interested, or an agreement, as provided above, is not reached, then
the disposal of the surplus state real property to private entities
or individuals shall be pursuant to a public bidding process designed
to obtain the highest most certain return for the state from a
responsible bidder, and any transaction based on such a bidding
process shall be deemed to be the fair market value for the purposes
of the reporting requirements pursuant to subdivision (d).
(3) Notwithstanding any other provision of law, the department may
sell surplus state real property, or a portion of surplus state real
property, to a local agency, or to a nonprofit affordable housing
sponsor if no local agency is interested in the surplus state real
property, for affordable housing projects at a sales price less than
fair market value if the department determines that such a discount
will enable the provision of housing for persons and families of low
or moderate income. Nothing shall preclude a local agency that
purchases the surplus state real property for affordable housing from
reconveying the surplus state real property to a nonprofit
affordable housing sponsor for development of affordable housing.
Transfer of title to the surplus state real property or lease of the
surplus state real property for affordable housing shall be
conditioned upon continued use of the surplus state real property as
housing for persons and families of low and moderate income for at
least 40 years and the department shall record a regulatory agreement
that imposes affordability covenants, conditions, and restrictions
on the surplus state real property. The regulatory agreement shall be
a first priority lien on the surplus state real property and last
for a period of at least 40 years, and if another state agency is
lending funds for a project, a combined regulatory agreement shall be
utilized. Notwithstanding any other provision of law, the regulatory
agreement shall not be subordinated to any other lien or encumbrance
except for any federal loan program the statutes or regulations of
which require a first priority lien for that federal loan.
(4) Notwithstanding any other provision of law, the Director of
General Services may transfer surplus state real property to a local
agency for less than fair market value if the local agency uses the
surplus state real property for parks or open-space purposes. The
deed or other instrument of transfer shall provide that the surplus
state real property would revert to the state if the use changed to a
use other than parks or open-space purposes during the period of 25
years after the transfer date. For the purpose of this paragraph,
"open-space purposes" means the use of land for public recreation,
enjoyment of scenic beauty, or conservation or use of natural
resources.
(d) Thirty days prior to executing a transaction for a sale,
lease, exchange, a sale combined with an exchange, or other manner of
disposition of the surplus state real property for less than fair
market value or for affordable housing, or as authorized by the
Legislature, the Director of General Services shall report to the
chairpersons of the fiscal committees of the Legislature all of the
following:
(1) The financial terms of the transaction.
(2) A comparison of fair market value for the surplus state real
property and the terms listed in paragraph (1).
(3) The basis for agreeing to terms and conditions other than fair
market value.
(e) As to surplus state real property sold or exchanged pursuant
to this section, the director shall except and reserve to the state
all mineral deposits, as described in Section 6407 of the Public
Resources Code, together with the right to prospect for, mine, and
remove the deposits. If, however, the director determines that there
is little or no potential for mineral deposits, the reservation may
be without surface right of entry above a depth of 500 feet, or the
rights to prospect for, mine, and remove the deposits shall be
limited to those areas of the surplus state real property conveyed
that the director determines to be reasonably necessary for the
removal of the deposits.
(f) The failure to comply with this section, except for
subdivision (d), shall not invalidate the transfer or conveyance of
surplus state real property to a purchaser for value.
(g) For purposes of this section, fair market value is established
by an appraisal and economic evaluation conducted by the department
or approved by the department.

11011.2. (a) (1) Notwithstanding any other law, including, but not
limited to, Sections 11011 and 14670, except as provided in this
section, the Department of General Services may lease real property
under the jurisdiction of a state agency, department, or district
agricultural association, if the Director of General Services
determines that the real property is of no immediate need to the
state but may have some potential future use to the program needs of
the agency, department, or district agricultural association.
(2) The Director of General Services may not lease any of the
following real property pursuant to this section:
(A) Tax-deeded land or lands under the jurisdiction of the State
Lands Commission.
(B) Land that has escheated to the state or that has been
distributed to the state by court decree in estates of deceased
persons.
(C) Lands under the jurisdiction of the State Coastal Conservancy
or another state conservancy.
(D) Lands under the jurisdiction of the Department of
Transportation or the California State University system, or land
owned by the Regents of the University of California.
(E) Lands under the jurisdiction of the Department of Parks and
Recreation.
(F) Lands under the jurisdiction of the Department of Fish and
Game.
(3) A lease entered into pursuant to this section shall be set at
the amount of the lease's fair market value, as determined by the
Director of General Services. The Director of General Services may
determine the length of term or a use of the lease, and specify any
other terms and conditions which are determined to be in the best
interest of the state.
(b) The Department of General Services may enter into a long-term
lease of real property pursuant to this section that has outstanding
lease revenue bonds and for which the real property cannot be
disencumbered from the bonds, only if the issuer and trustee for the
bonds approves the lease transaction, and this approval takes into
consideration, among other things, that the proposed lease
transaction does not breach a covenant or obligation of the issuer or
trustee.
(c) (1) All issuer- and trustee-related costs for reviewing a
proposed lease transaction pursuant to this section, and all other
costs of the lease transaction related to the defeasance or other
retirement of any bonds, including the cost of nationally recognized
bond counsel, shall be paid from the proceeds of that lease.
(2) The Department of General Services shall be reimbursed for any
reasonable costs or expenses incurred in conducting a transaction
pursuant to this section.
(3) Notwithstanding subdivision (g) of Section 11011, the
Department of General Services shall deposit into the General Fund
the net proceeds of a lease entered into pursuant to this section,
after deducting the amount of the reimbursement of costs incurred
pursuant to this section or the reimbursement of adjustments to the
General Fund loan made pursuant to Section 8 of Chapter 20 of the
2009-10 Fourth Extraordinary Session from the lease.
(d) The Department of General Services shall transmit a report to
each house of the Legislature on or before June 30, 2011, and on or
before June 30 each year thereafter, listing every new lease that
exceeds a period of five years entered into under the authority of
this section and the following information regarding each listed
lease:
(1) Lease payments.
(2) Length of the lease.
(3) Identification of the leasing parties.
(4) Identification of the leased property.
(5) Any other information the Director of General Services
determines should be included in the report to adequately describe
the material provisions of the lease.

11011.5. (a) When no state or other public entity seeks to obtain
title to specific surplus state-owned real property, a state agency
authorized to sell that property, except property acquired for state
highway purposes, may, with the approval of the Department of General
Services, employ a licensed real estate broker for a negotiated
commission not to exceed reasonable and customary brokerage
commissions applicable to similar privately owned properties in the
area in connection with that sale and pay the amount of commission
earned by the broker. The commission shall be paid only out of the
proceeds of the sale before the proceeds are remitted to the State
Treasury. The Director of General Services shall only employ the
services of a broker when the director determines that the employment
of a broker to sell the property would result in a cost savings to
the state. Any state properties sold through the services of a broker
shall be reported, along with a comparison of the estimated cost
savings obtained through the use of a broker, in the annual surplus
property report to the Legislature required pursuant to Section
11011.
(b) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.

11011.7. All real property acquired for park and recreation
purposes by the state which was formerly part of Camp Pendleton shall
be used solely for park and recreation purposes and no part thereof
shall be declared surplus or disposed of.

11011.11. (a) The Legislature finds and declares as follows:
(1) There is no complete inventory of all state real property
holdings containing information on present use, characteristics of
the holding, or its value.
(2) Both the Auditor General and the California Commission on
State Government Organization and Economy have found that there is
state-owned real property which is presently unused and should be
declared surplus, and that there is little or no internal or external
review to determine if lands could be declared surplus.
(3) The Auditor General, in a report entitled "California Could
Earn Millions of Dollars from Better Management of its Excess Land,"
also found that the state is losing money by retaining property which
is not being used. This deprives the General Fund of revenues which
could be generated by the sale or transfer of surplus land.
(b) It is the intent of the Legislature to improve the state's
management of its real property holdings by delegating to the
Department of General Services the responsibility for maintaining a
central inventory of the state's real property holdings.
(c) It is also the intent of the Legislature that the staff of the
Office of Space and Real Estate Services of the Department of
General Services be utilized for the implementation of Section
11011.15.

11011.13. For purposes of Section 11011.15, the following
definitions shall apply:
(a) "Agency" means a state agency, department, division, bureau,
board, commission, district agricultural association, and the
California State University. "Agency" does not mean the Legislature,
the University of California, the State Lands Commission, or the
Department of Transportation.
(b) "Fully utilized" means that 100 percent of the property is
being appropriately utilized by a program of an agency every business
day of the year.
(c) "Partially utilized" means one or more of the following:
(1) Less than 100 percent of the property is appropriately
utilized by a program of an agency.
(2) The property is not used every business day of the year by an
agency.
(3) The property is used by other nonstate governmental entities
or private parties.
(d) "Excess land" means property that is no longer needed for
either an existing or ongoing state program or a function of an
agency.

11011.14. (a) Notwithstanding any other provision of law, the
Director of General Services shall transfer title of state Building
101, the former Lake Norconian Club Hotel in Norco and previously
operated by the Department of Corrections as a minimum security
facility, to the City of Norco.
(b) The transfer shall be completed at no cost to the City of
Norco, other than costs incurred related to the actual transfer,
including, but not limited to, any survey costs, title transfer fees,
and staff time of department employees, which shall be paid by the
City of Norco.
(c) As a condition of the transfer, the City of Norco shall do
both of the following:
(1) No later than January 1, 2006, present to, and obtain approval
of, the Department of Corrections, in consultation with the
Department of General Services, a final plan for the future use of
state Building 101. The plan shall include a financial plan and
specific benchmarks that the city will be required to meet at the end
of each year of ownership, commencing with the date that is one year
after the date of transfer.
(2) Accept the property in its current condition as is and release
and discharge the state from any future liability associated with
the property.
(d) As a condition of the transfer, the Department of General
Services shall be transmitted a copy of a resolution adopted by the
City Council of Norco and the Board of Supervisors of Riverside
County in support of the final plan.
(e) Title to state Building 101 shall revert to the state at no
cost if the Department of Corrections, in consultation with the
Department of General Services, determines that the City of Norco has
not complied with its final plan for the use of state Building 101.
(f) In maintaining state Building 101, the City of Norco shall
agree to comply with all statutes and regulations pertaining to
maintenance and ownership of structures registered with the National
Register of Historic Places and the California Register of Historic
Resources.

11011.15. (a) The Department of General Services shall maintain a
complete and accurate statewide inventory of all real property held
by the state and categorize that inventory by agency and geographical
location. The inventory shall include all information furnished by
agencies pursuant to subdivision (b) and the University of California
pursuant to Section 11011.17. The inventory shall be updated
annually.
(b) Each agency shall furnish the department, in the format
specified by the department, a record of each parcel of real property
that it possesses. Each agency shall update its real property
holdings through December 31 of the previous year, reflecting any
changes, by July 1 of each year. This record shall include, but is
not limited to, all of the following information:
(1) The location of the property within the state and the county,
the size of the property, including its acreage, and any other
relevant property data which the department deems necessary. This
latter requirement shall be uniformly applied to all agencies.
(2) The date of the acquisition of the real property, if
available.
(3) The manner in which the property was acquired and the purchase
price, if available.
(4) A detailed description of the current uses of the property,
including specific programmatic uses, and whether the property is
fully utilized, partially utilized, or excess, with regard to either
an existing or ongoing program of the agency. The agency shall also
provide a detailed description of every lease, license, or other
agreement relating to the use of the property.
(5) Any projected future uses of the property during the next five
years, as identified pursuant to the five-year infrastructure plan
or the agency's master plan. If the property is not included in the
five-year infrastructure plan or the agency's master plan, or is
identified as partially utilized or excess pursuant to paragraph (4),
the agency shall provide detailed information regarding the need to
continue ownership or management of the property. In the case of land
held for state park use, for which the projected use would exceed a
five-year period, the projected use and estimated date of
construction or use shall be furnished.
(6) A concise description of each major structure located on the
property.
(7) The estimated value of real property declared surplus by the
agency and real property where the agency has not identified a
current or potential use.
(c) The department shall prepare a separate report and shall
update the report annually of all properties declared surplus or
properties with no identified current or projected use. The report
shall be made available upon request.
(d) The head of each agency shall also certify, on or before July
1 annually, that the agency has accurately and completely reported
all property information required by this section and that it has
identified any excess property pursuant to Section 11011. The
Department of General Services shall maintain the certification
notices in a conspicuous place on its Internet Web site.

11011.16. The inventory prepared pursuant to Section 11011.15 shall
contain the following additional information:
(a) A description of the exact current and projected use of, and
the extent of the use for, each property included therein that has
been identified by the Department of General Services as warranting
further development consideration.
(b) An estimated value for each property located in a metropolitan
area that either has commercial applications or is not currently in
use or has no projected use and that has been identified by the
department as warranting further development consideration.

11011.17. (a) The University of California, by July 1, 1988, shall
furnish the department, in a uniform format specified by the
department, a record of each parcel of real property which it
possesses. The University of California shall update its record of
real property holdings, reflecting any changes, by July 1 of each
year. This record shall include the following information:
(1) The location of the property within the state and the county,
the size of the property, including its acreage and any other
relevant property data.
(2) The date of acquisition of the real property, if available.
(3) The manner in which the property was acquired and the purchase
price, if available.
(4) A description of the current uses of the property and any
projected future uses.
(5) A concise description of each major structure on the property.
(6) The estimated value of real property declared surplus by the
University of California. Where an actual appraisal is available it
may be used, but it is not required.
(b) For property used or possessed by the University of California
as a campus, medical center, agricultural experiment station, part
of the Natural Reserve System or government owned national
laboratory, the record shall only include information required by
paragraphs (1), (4), (5), and (6).

11011.18. The Department of Transportation, by July 1, 2002, shall
furnish to the Department of General Services a record of each parcel
of real property that it possesses, including lands, buildings,
office buildings, maintenance stations, equipment yards, and parking
facilities. This furnishing requirement shall not apply to existing
highways. The record shall be furnished by the Department of
Transportation to the Department of General Services in a uniform
format specified by the Department of General Services. The
Department of General Services shall consult with the Department of
Transportation on the development of the uniform format. The
Department of Transportation shall update its record of these real
property holdings, reflecting any changes, by July 1 of each year.
The record shall include the following information:
(a) The location of the property within the state and county, the
size of the property, including its acreage, and any other relevant
property data.
(b) The date of acquisition of the real property, if available.
(c) The manner in which the property was acquired and the purchase
price, if available.
(d) A description of the current uses of the property and any
projected future uses, if available.
(e) A concise description of each major structure on the property.

11011.19. (a) The State Lands Commission, by July 1, 2011, shall
furnish to the Department of General Services a record of each parcel
of real property that it possesses that is not already being tracked
by the statewide property inventory database. This furnishing
requirement shall not apply to public trust lands. The record shall
be furnished by the State Lands Commission to the Department of
General Services in a uniform format specified by the Department of
General Services. The Department of General Services shall consult
with the State Lands Commission on the development of the uniform
format. The State Lands Commission shall update its record of these
real property holdings, reflecting any changes occurring by December
31 of the previous year, by July 1 of each year. Except as provided
in subdivision (b), the record shall include all of the following
information:
(1) The location of the property within the state and county, the
size of the property, including its acreage, and any other relevant
property data.
(2) The date of acquisition of the real property, if available.
(3) The manner in which the property was acquired and the purchase
price, if available.
(4) A description of the current uses of the property and any
projected future uses, if available.
(5) A concise description of each major structure on the property.
(b) For school lands held in trust by the State Lands Commission,
the record shall include the location of the property within the
state and county and the size of the property, including its acreage.

11011.20. (a) Any private person or private company which
advertises that it provides information or services regarding the
sale or purchase of public property of any kind shall prominently
indicate in the advertisement and any other presentation that the
person or company is not a government official or a government
agency.
(b) Failure on the part of any private person or private company
to prominently indicate in the advertisement and any other
presentation that the person or company is not a government agency
shall constitute an unfair business practice within the meaning and
for the purposes of Section 17200 of the Business and Professions
Code, but is not a crime.

11011.21. (a) The Legislature finds and declares that the
Department of General Services has, pursuant to former Section
11011.21, as added by Section 8 of Chapter 150 of the Statutes of
1994, and amended by Section 15 of Chapter 422 of the Statutes of
1994, developed an inventory, known as the Surplus Property
Inventory, of state-owned properties that are either surplus to the
needs of the state in their entirety or are being used for a state
program and some portions of the property are unused or
underutilized.
(b) State agencies, when purchasing real property, shall review
the Surplus Property Inventory and purchase, lease, or trade property
on that list, if possible, prior to purchasing property not on the
Surplus Property Inventory.
(c) The Department of General Services may sell, lease, exchange,
or transfer for current market value, or upon terms and conditions as
the Director of General Services determines are in the best interest
of the state, all or part of properties as follows:
Parcel 1. Approximately 292 acres with improvements thereon,
known as the Agnews Developmental Center-West Campus, bounded by Lick
Mill Blvd., Montague Expressway, Lafayette Street and Hope Drive, in
Santa Clara, Santa Clara County.
Parcel 2. Approximately 56 acres known as a portion of the Agnews
Developmental Center-East Campus, located between the Agnews
Developmental Center and Coyote Creek, in San Jose, Santa Clara
County.
Parcel 3. Approximately 102 acres with improvements thereon,
known as the Stockton Developmental Center, located at 510 E.
Magnolia Street, in Stockton, San Joaquin County.
Parcel 6. Approximately 33.56 acres with improvements thereon,
known as the California Highway Patrol Motor Transport Facility and
Shop, located at 2800 Meadowview Road, in Sacramento, Sacramento
County.
Parcel 7. Approximately 1.03 acres of land, not including
improvements thereon, located at 1614 O Street, in Sacramento,
Sacramento County, and leased by the Department of General Services
to the Capital Area Development Authority for development of the 17th
Street Commons condominiums.
Parcel 8. Approximately 2 acres of land, not including
improvements thereon, located on a portion of block 273 bound by
10th, 11th, P, and Q Streets, in Sacramento, Sacramento County, and
leased by the Department of General Services to the Capital Area
Development Authority for development of the Somerset Parkside
condominiums.
Parcel 9. Approximately 1.76 acres of land, not including
improvements thereon, located on the south 1/2 of block bound by
15th, 16th, O, and P Streets and the south 1/4 of block bound by
14th, 15th, O, and P Streets, in Sacramento, Sacramento County, and
leased by the Department of General Services to the Capital Area
Development Authority for development of the Stanford Park
condominiums.
Parcel 10. Approximately 1.18 acres of land, not including
improvements thereon, located on the north 1/2 of block bound by 9th,
10th, Q, and R Streets, in Sacramento, Sacramento County, and leased
by the Department of General Services to the Capital Area
Development Authority for development of the Sara