2005 California Government Code Sections 65050-65053 Article 6. Local Base Reuse Entities

65050.  (a) As used in this article, the following phrases have the
following meanings:
   (1) "Military base" means a military base that is designated for
closure or downward realignment where real property will be made
available for disposal pursuant to the Defense Authorization
Amendments and Base Closure and Realignment Act (P.L. 100-526), the
Defense Base Closure and Realignment Act of 1990 (P.L. 101-510), or
any subsequent closure or realignment approved by the President of
the United States without objection by the Congress.
   (2) "Effective date of a base closure" means the date a base
closure decision becomes final under the terms specified by federal
law. These decisions become final 45 legislative days after the date
the federal Base Closure Commission submits its recommendations to
the President, he or she approves those recommendations, and the
Congress does not disapprove those recommendations or adjourns.
   (b) It is not the intent of the Legislature in enacting this
section to preempt local planning efforts or to supersede any
existing or subsequent authority invested in the Office of Military
and Aerospace Support. It is the intent of this article to provide a
means of conflict resolution between local agencies vying to seek
recognition from the United States Department of Defense's Office of
Economic Adjustment as a single base reuse entity.
   (c) For the purposes of this article, a single local base reuse
entity shall be recognized pursuant to the regulations of the United
States Department of Defense's Office of Economic Adjustment.
   (d) The following entities or their successors, including, but not
limited to, separate airport or port authorities, are recognized by
the United States Department of Defense's Office of Economic
Adjustment as the single local reuse entity for the military bases
listed:
     Military Base        Local Reuse Entity
                       Victor Valley
George Air Force Base Economic
                       Development Authority
Hamilton Army Base    City of Novato
Mather Air Force Base County of Sacramento
                       Inland Valley
Norton Air Force Base Development
                       Authority
                       City and County
Presidio Army Base    of
                       San Francisco
Salton Sea Navy Base  Imperial County
                       County of
Castle Air Force Base
                       Merced
Hunters Point         City and County
Naval                 of
Annex                 San Francisco
Long Beach Naval      City of Long Beach
Station
MCAS Tustin           City of Tustin
Sacramento Army Depot City of Sacramento
                       Local redevelopment
                       authority recognized
                       by
MCAS El Toro
                       the United States
                       Department of
                       Economic Adjustment
                       March Joint
March Air Force Base  Powers
                       Authority
Mare Island Naval     City of Vallejo
Shipyard
Naval Training
Center,               City of San Diego
San Diego
                       City and County
NS Treasure Island    of
                       San Francisco
NAS Alameda, San
Francisco             Alameda
                       Reuse
Bay Public            and
Works                 Redevelopment
Center, Alameda       Authority
Naval
Aviation Depot
Oakland Military      Oakland Base Reuse
Complex               Authority
Fort Ord Army Base    Fort Ord Reuse
                       Authority
Sierra Army Depot     County of Lassen
Any military base reuse authority created pursuant to Title 7.86
(commencing with Section 67800) that is recognized by the United
States Department of Defense's Office of Economic Adjustment as the
single local reuse entity for the specific military base.
   (e) For any military base that is closed and not listed in
subdivision (d), the United States Department of Defense's Office of
Economic Adjustment will follow its established procedures in
recognizing a single local reuse entity.
   (f) If, after 60 days from the effective date of the base closure
decision, a single local reuse entity cannot be recognized by the
United States Department of Defense's Office of Economic Adjustment,
the Director of the Office of Planning and Research, in consultation
with the federal Office of Economic Adjustment, shall select a
mediator, from a list submitted by the Office of Military and
Aerospace Support containing no fewer than seven recommendations, to
affect an agreement among the effected jurisdictions on a single
local reuse entity acceptable to the federal Office of Economic
Adjustment for recognition. In selecting a mediator, the director
shall appoint a neutral person or persons, with experience in local
land use issues, to facilitate communication between the disputants
and assist them in reaching a mutually acceptable agreement prior to
120 days from the effective date of the base closure decision.
   (g) As a last resort, and only if no recognition is made pursuant
to the procedure specified in subdivisions (e) and (f) within 120
days after a base closure decision has become final or within 120
days after the date on which this section becomes operative,
whichever date is later, the Office of Military and Aerospace Support
shall hold public hearings, in consultation with the federal Office
of Economic Adjustment, and recognize a single local base reuse
entity for each closing base for which agreement is reached among the
local jurisdictions with responsibility for complying with Chapter 3
(commencing with Section 65100) and Chapter 4 (commencing with
Section 65800) on the base, or recommend legislation or action by the
local agency formation commission if necessary to identify a single
reuse entity that would be recognized by the federal Office of
Economic Adjustment.
   (h) In recognizing a single local reuse entity pursuant to
subdivision (g), preference shall be given to existing entities and
entities with responsibility for complying with Chapter 3 (commencing
with Section 65100) and Chapter 4 (commencing with Section 65800).
   (i) Any recognition of a single local reuse entity made pursuant
to subdivision (f) or (g) shall be submitted by the Director of the
Office of Planning and Research to the Governor, the Legislature, and
the United States Department of Defense.
65051.  The single local base reuse authority shall be recognized by
all state agencies as the single base reuse planning authority for
the base.  The state shall encourage the federal government and other
local jurisdictions to recognize similarly the authorities
designated pursuant to Section 65050 for the purposes of reuse
planning and property transfers pursuant to Title XXIX (commencing
with Section 2901) of the National Defense Authorization Act for
Fiscal Year 1993 (P.L.  103-160).
65051.5.  If the City of Tustin, the Tustin Community Redevelopment
Agency, or any agency or political subdivision of either, intends to
or does acquire title to any real property that lies within the
boundaries of the former Marine Corps Air Station-Tustin, then
notwithstanding any other provision of law, including Chapter 4.9
(commencing with Section 65995), which the Legislature hereby finds
and declares shall not relieve the City of Tustin or the Tustin
Community Redevelopment Agency of their duties under Division 13
(commencing with Section 21000) of the Public Resources Code to fully
mitigate all adverse environmental effects associated with the
buildout of the Reuse Plan for MCAS-Tustin by designating adequate
schoolsites at the former base to alleviate impacts on the Santa Ana
Unified School District and the Rancho Santiago Community College
District, neither the City of Tustin, nor the Tustin Community
Redevelopment Agency, and none of their respective agencies and
political subdivisions, may grant or issue any land use or other
approvals, in the form of any general plan amendments, specific
plans, zoning ordinances, redevelopment plans, development
agreements, subdivision maps, or other development permits or
entitlements, to allow any persons or entities to develop any
commercial, residential, or other land uses on all or any portion of
any real property at the Marine Corps Air Station-Tustin that the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, intends to or does acquire
from any source, unless those approvals require, as conditions of
approval and mitigation measures for allowing the development of
those land uses, the conveyance, or the irrevocable offer to
dedicate, without charge, to the Santa Ana Unified School District
and the Rancho Santiago Community College District, for purposes of
constructing and operating a K-14 facility, (a) fee title to a
100-acre parcel of contiguous land situated within that portion of
the Marine Corps Air Station-Tustin that falls within the existing
boundaries of the Santa Ana Unified School District and the Rancho
Santiago Community College District and includes all or some portions
of the real property referred to as Parcels 4, 5, 6, 7, 8, and 14 as
shown on Figure 2-3 of the approved Reuse Plan for the Marine Corps
Air Station-Tustin, or (b) fee title to a portion of the Marine Corps
Air Station-Tustin that consists of a portion of land that is
approved in writing by the Santa Ana Unified School District and the
Rancho Santiago Community College District and that does not include
any property designated in the Marine Corps Air Station-Tustin Base
Reuse Plan for any other public entity or nonprofit organization,
including, without limitation, the County of Orange, the Orange
County Sheriff-Coroner, and the Orange County Rescue Mission, but
excluding the South Orange County Community College District.  Those
conditions of approval and mitigation measures shall require that the
conveyance or offer to dedicate that 100-acre parcel to those
districts shall be made within 12 months of the date on which the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, first acquires that
property from any source.  The requirements of this section shall be
deemed satisfied upon the conveyance of the property, described in
(a) or (b), to the Santa Ana Unified School District and the Rancho
Santiago Community College District.  Prior to conveyance of this
property, the Santa Ana Unified School District and the Rancho
Santiago Community College District shall agree upon a legal
description of the property.  Notwithstanding any other provision of
law, for purposes of Article 7 (commencing with Section 1240.610) of
Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, use of
land for classroom facilities, including, but not limited to,
educational or training programs, by the Santa Ana Unified School
District or the Rancho Santiago Community College District shall be
irrebuttably presumed to be a more necessary public use than any
other use at Marine Corps Air Station-Tustin.  This section shall
apply retroactively to all land use or other approvals relating to
the Marine Corps Air Station-Tustin that are granted or issued by the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, on or after January 1,
2001.  Any such land use or other approvals granted or issued by any
of these entities that do not comply with this section shall be
invalid and of no force or effect.
65052.  All state agencies shall consult with the affected single
local reuse authority recognized pursuant to Section 65050 prior to
submitting any public benefit conveyance requests to the federal
government.  The single local reuse entity is the only entity that is
eligible for the following state benefits for use on the base,
unless the entity notifies the relevant state agency that a city or
county having jurisdiction over a portion of the base shall be
eligible for the state benefit.
   (a) State grants for base reuse planning.
   (b) Local Area Military Base Recovery Act (LAMBRA) designation.
   (c) Air emissions reduction credits for base property, as
permitted by law.
   (d) Targeted permit assistance pursuant to Chapter 11 (commencing
with Section 15399.50) of Part 6.7 of Division 3 of Title 2.
   (e) Consultation on toxic cleanup priorities.
65053.  This article shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2007, deletes or extends
that date.