2007 California Government Code Chapter 4. Military And Aerospace Support

CA Codes (gov:13998-13998.10)

13998.  This chapter shall be known and may be cited as the Military
and Aerospace Support Act.



13998.1.  The Legislature finds and declares as follows:
   (a) For over half a century, California's industries,
universities, businesses, and workers have contributed to our nation'
s defense, utilizing their capital, talents, and skills to develop
and bring to production important new technologies and advanced
weapons systems, aircraft, and missiles.
   (b) Defense spending in California peaked at sixty billion dollars
(,000,000,000) in 1988.  Since then, it has decreased by 16
percent with the resulting loss of 126,000 jobs.  The Commission on
State Finance projected a further 22-percent reduction to
thirty-seven billion dollars (,000,000,000) in 1997, with a loss
of another 81,000 jobs.  California is expected to experience the
most severe impact of defense cuts since 1994.
   (c) California has experienced four rounds of base closures
resulting in the closure or realignment of 29 bases since 1988.
Additional bases may be considered for closure in future closure
rounds.
   (d) California lost more federal payroll jobs from its 29 military
base closures under rounds one to four, inclusive, than all of the
rest of the states put together.  The reduced military payroll,
including military and civilian employees, in California is
approximately 101,000 jobs.  About 300,000 private sector defense
industry jobs in California have been lost.
   (e) California needs a focused, coordinated defense retention and
conversion program within the state in order to protect the existing
defense installations and facilities within the state and to assist
those communities that have experienced an installation's closing.
   (f) Currently, there are over 300,000 active duty and civilian
defense personnel in California.
   (g) The direct Department of Defense expenditures in California
are over thirty-six billion dollars (,000,000,000) for employees,
contracts, and capital investment.
   (h) California has over 36 major and 25 minor active military
installations.
   (i) The Department of Defense pays ten million dollars
(,000,000) annually in fees, permits, and licenses within the
state.
   (j) Having been the leader in the nation's defense effort, the
state must now also assume the role as leader in defending existing
military installations within its borders.  That role will require a
coordinated effort to ensure that California promotes the necessity
of existing defense facilities, assist local governments and
organizations in planning retention efforts, and design and implement
a single unified plan for active defense retention efforts on the
federal level.
   (k) It is the intent of the Legislature that the state's role in
defense retention, conversion, and military support be consolidated
in the Business, Transportation and Housing Agency.




13998.2.  (a) The Legislature recognizes the potential for federal
legislation to close additional military installations nationwide.
In an effort to be proactive in retaining these facilities within
California that are necessary for the defense of the nation and to
provide for a single, focused defense of these installations, the
Office of Military and Aerospace Support is hereby created in the
Business, Transportation and Housing Agency.
   (b) The Office of Military and Aerospace Support shall be in the
charge of a director who is under the direction of the Secretary of
Business, Transportation and Housing.  The director shall be
appointed, upon recommendation by the secretary, by the Governor.
The director shall hold office at the pleasure of the secretary, and
shall receive a salary fixed by the secretary with the approval of
the Department of Personnel Administration.
   (c) It shall be the purpose of the office to provide a central
clearinghouse for all defense retention, conversion, and base reuse
activities in the state and to interact and communicate with military
installations in the state.



13998.3.  (a) The office may establish a Military Advisory Committee
to provide input, information, technical advice or other comments to
the office on military related matters, including, but not limited
to, active Department of Defense installations in California and
defense conversion issues.  The office may call meetings of the
committee at times and locations when necessary.  Participation by
committee members is voluntary and there is no reimbursement for per
diem or expenses.
   (b) The committee membership may include, but is not limited to,
representatives from the following:
   (1) The Secretary of Business, Transportation and Housing.
   (2) The Secretary for Environmental Protection.
   (3) The Director of Employment Development.
   (4) The Director of Planning and Research.
   (5) The Chairperson of the State Energy Resources, Conservation
and Development Commission.
   (6) The Director of Transportation.
   (7) The Executive Director of the Employment Training Panel.
   (8) The Secretary of the Resources Agency.
   (9) The President of the University of California.
   (10) The Chancellor of the California State University.
   (11) The Chancellor of the California Community Colleges.
   (12) The President pro Tempore of the Senate.
   (13) The Speaker of the Assembly.
   (14) Any other legislative offices, state agencies, local
governments, industry, civic, and research organizations that may
have an interest in defense related activities.



13998.5.  The Office of Military and Aerospace Support shall do all
of the following:
   (a) Develop and recommend to the Governor and the Legislature a
strategic plan for state and local defense retention and conversion
efforts. The plan shall address the state's role in assisting
communities with potential base closures and those impacted by
previous closures. The office may coordinate with other state
agencies, local groups, and interested organizations on this
strategic plan to retain current Department of Defense installations,
facilities, bases, and related civilian activities.
   (b) Conduct outreach to entities and parties involved in defense
retention and conversion across the state and provide a network to
facilitate assistance and coordination for all defense retention and
conversion activities within the state.
   (c) Help develop and coordinate state retention advocacy efforts
on the federal level.
   (d) (1) Conduct an evaluation of existing state retention and
conversion programs and provide the Legislature recommendations on
the continuation of existing programs, including, but not limited to,
the possible elimination or alteration of those programs. This
evaluation shall be transmitted to the Legislature.
   (2) The office may provide recommendations to the Legislature on
the necessity of new programs for defense retention and adequate
funding levels.
   (e) Utilize and update the plan prepared by the Defense Conversion
Council as it existed on December 31, 1998, to minimize California's
loss of bases and jobs in future rounds of base closures. This plan
shall include, but not be limited to, all of the following:
   (1) Identification of major installations in California.
   (2) Determination of how best to defend existing bases and base
employment in this state.
   (3) Coordination of retention activities with communities that may
face base closures.
   (4) Development of data and analyses on bases in this state.
   (5) Coordination with the congressional delegation, the
Legislature, and the Governor. With the consent of the appropriate
authority, the office may temporarily borrow technical, policy, and
administrative staff from other state agencies, including the
Legislature.
   (f) Serve as the primary state liaison with the Department of
Defense and its installations in this state. In order to maximize the
mission use of the installations, the Office of Military and
Aerospace Support shall assist in resolving any disputes or issues
between the Department of Defense and state entities.
   (g) Review actions or programs by state agencies that may affect
or impact Department of Defense installations or the state's military
base retention and reuse activities and recommend to the Governor
and the Legislature actions that may be taken to resolve or prevent
similar problems in the future.
   (h) Conduct outreach to entities and parties involved in the
aerospace industry and associated basic and applied research, and
provide a network to facilitate assistance and coordination for
activities designed to promote, foster, and increase aerospace
enterprise in California pursuant to subdivision (a) of Section
13999.2.
   (i) Where funds and resources are available, the office may
undertake all of the following activities:
   (1) Provide a central clearinghouse for all base retention or
conversion assistance activities, including, but not limited to,
employee training programs and regulation review and permit
streamlining.
   (2) Provide technical assistance to communities with potential or
existing base closure activities.
   (3) Provide a central clearinghouse for all defense retention and
conversion funding, regulations, and application procedures for
federal or state grants.
   (4) Serve as a central clearinghouse for input and information,
including needs, issues, and recommendations from businesses,
industry representatives, labor, local government, and communities
relative to retention and conversion efforts.
   (5) Identify available state and federal resources to assist
businesses, workers, communities, and educational institutions that
may have a stake in retention and conversion activities.
   (6) Provide one-stop coordination, maintain and disseminate
information, standardize state endorsement procedures, and develop
fast-track review procedures for proposals seeking state funds to
match federal defense conversion funding programs.
   (7) Maintain and establish databases in such fields as
defense-related companies, industry organization proposals for the
state and federal defense industry, community assistance, training,
and base retention, and provide electronic access to the databases.




13998.5a.  (a) The updated plan as provided in subdivision (e) of
Section 13998.5 shall include identification of whether other
military installations or missions located in other states could be
recruited to California.
   (b) The office shall submit to the Governor and the Legislature an
updated strategic plan pursuant to Section 13998.5 specific to the
federal BRAC 2005 process by November 30, 2004.




13998.6.  (a) The Office of Military and Aerospace Support shall
apply for grants and may seek contributions from private industry to
fund its operations.
   (b) The office shall actively solicit and accept funds from
industry, foundations, or other sources to support its operations and
responsibilities under this chapter.
   (c) Any private funds the office accepts shall be deposited into
the Military and Aerospace Support Account, which is hereby
established in the Special Deposit Fund in the State Treasury.  The
office may, upon the approval of the Secretary of Business,
Transportation and Housing, expend moneys in the account, upon
appropriation by the Legislature in the annual Budget Act, for the
purposes of this chapter and for no other purpose.  Records of funds
received and expenditures made pursuant to this section shall be
subject to public disclosure.  A report describing the receipt and
expenditure of these funds shall be submitted to the Department of
Finance, the Assembly Committee on Budget, and the Senate Committee
on Budget and Fiscal Review at least biennially.



13998.7.  In addition to the duties specified in Section 13998.5,
the office shall prepare a study considering strategies for the
long-term protection of lands adjacent to military bases from
development that would be incompatible with the continuing missions
of those bases.  The study shall include the effects of local land
use encroachment, environmental impact considerations, and population
growth issues.  The study shall recommend basic criteria to assist
local governments in identifying lands where incompatible development
may adversely impact the long-term missions of these bases.  The
study shall also identify potential mechanisms, including
recommendations for changes in law at the local or state level, to
address these issues.  In conducting this study, the office may use
the Naval Air Station at Lemoore and Edwards Air Force Base as case
studies.


13998.8.  The Business, Transportation and Housing Agency with input
and assistance from the office, shall establish a military support
grant program to grant funds to communities with military bases to
assist them in developing a retention strategy.  The agency may use
grant criteria similar to those for existing defense conversion grant
programs as a basis for developing the new grant program.  To
discourage multiple grant applications for individual defense
installations in a region, the criteria shall be drafted to encourage
a single application for grant funds to develop, where appropriate,
a single, regional defense retention strategy.  The structure,
requirements, administration, and funding procedures of the grant
program shall be submitted to the Legislature for review at least 90
days prior to making the first grant disbursement.  The agency may
make no grant award without the local community providing at least 50
percent or more in matching funds or in-kind services, with at least
50 percent of that match being in the form of funding.



13998.9.  The Business, Transportation and Housing Agency shall
adopt regulations to implement the programs authorized in this
chapter.  The agency shall adopt these regulations as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
for purposes of that chapter, including Section 11349.6 of the
Government Code, the adoption of the regulations shall be considered
by the Office of Administrative Law to be necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.  Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the regulations shall be repealed within 180 days
after their effective date, unless the agency complies with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code as provided in subdivision (e) of Section
11346.1 of the Government Code.



13998.10.  This chapter shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.