2007 California Government Code Article 1. General

CA Codes (gov:11000-11019.9)

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 (,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 (,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.



11005.5.  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 (,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 31st 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 thereof, 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 the Government 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 provision of 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) Subdivisions (a) to (f), inclusive, of this section shall be
inoperative from August 16, 2004, until July 1, 2005, with the
exception of subdivisions (g) to (j), inclusive, which shall take
effect retroactively, beginning November 3, 2004.



11011.1.  (a) Land that has been declared surplus by the
Legislature, pursuant to Section 11011, and is not needed by any
state agency shall be offered to local governmental agencies.  Except
as authorized in subdivisions (b), (c), (d), (e), and (k), or any
combination thereof, transfers of surplus land to local governmental
agencies pursuant to this section shall be at fair market value.  No
surplus land shall be sold for less than fair market value, however,
to any person or agency, whether public or private, unless the
contract for sale provides for the reversion of the land to the state
if the stated purpose for which the property is sold is not
achieved.
   (b) Where the land is to be used for park and recreation purposes
and operated for those purposes by local agencies at no expense to
the state, the Director of General Services with the approval of the
State Public Works Board may, notwithstanding any provision in
Section 11011, transfer the land to local governmental agencies at
less than the fair market value of the land, if the transfer is in
the public interest, under the following conditions:
   (1) The local public agency has submitted a general development
plan for the property that conforms to the agency's general plan
pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of
Title 7, and which general development plan has been approved by the
Director of Parks and Recreation.
   (2) The land shall be developed according to plan within a time
period determined by the state but not to exceed 10 years.  The deed
or other instrument of transfer shall provide that the land shall
revert to the state if the land is not developed within the time
period so determined by the state.
   (3) The deed or other instrument of transfer shall provide that
the land would revert to the state if the use changed to a use not
consistent with parks and recreation purposes during the period of 25
years following the sale.
   (c) Where the land is to be used for open-space purposes, as
defined herein, and operated by local agencies at no expense to the
state, the Director of General Services with the approval of the
State Public Works Board may transfer the land to local governmental
agencies at fair market value of the land or at any lesser value of
the land under any of the following conditions:
   (1) The local public agency has submitted a plan for the use of
the property that conforms to the agency's general plan pursuant to
Article 5 (commencing with Section 65300) of Chapter 3 of Title 7,
and which plan has been approved by the Director of Parks and
Recreation.
   (2) The land shall be used according to plan within a time period
determined by the state but not to exceed 10 years.
   (3) The deed or other instrument of transfer shall provide that
the land would revert to the state if the use changed to a use not
consistent with open-space purposes during the period of 25 years
following the sale.
   (4) For the purpose of this subdivision, "open-space purpose"
means the use of land for public recreation, enjoyment of scenic
beauty, or conservation or use of natural resources.
   (d) Where the land is suitable to be used for the purpose of
providing housing for persons and families of low or moderate income,
as defined in Section 50093 of the Health and Safety Code, the
Director of General Services, with the approval of the State Public
Works Board, may offer the land to local agencies within whose
jurisdiction the land is located.  Provided, however, if the state
has held title to the land for seven years or less and the land is
not used for the purposes for which it was acquired, and the land is
declared surplus land and is not needed by any other state agency
pursuant to the provisions of Section 11011, the state, prior to
offering the land to local agencies, shall extend to the individual
from whom the land was acquired an offer to purchase the land at
current fair market value.  The offer shall extend for 60 days and if
not exercised within that period shall be irrevocably terminated.
The land may be transferred to local agencies at a reasonable cost
that will enable the provision of housing for persons and families of
low or moderate income.  The cost may be less than fair market
value.  The Department of Housing and Community Development shall
recommend to the Department of General Services a cost that will
enable the provision of housing for persons and families of low or
moderate income.  All transfers of land pursuant to this subdivision
shall be subject to the following conditions:
   (1) The local agency has made all of the following findings:
   (A) There is a need for the housing in the community.
   (B) The land is suitable for development of the housing.
   (2) The local agency develops a plan for the housing in accordance
with criteria established by the Department of Housing and Community
Development, which shall include, but not be limited to, criteria
respecting the financial condition of the developer, if the housing
is to be developed by a private sponsor, and the cost of the project.
  The plan shall be approved by the Department of Housing and
Community Development.
   (3) After transfer of the property from the state to the local
agency, the property shall be developed as housing for persons and
families of low or moderate income.  The local agency may lease or
sell the property to any nonprofit corporation, housing corporation,
limited dividend housing corporation, or private developer if the
local agency determines a private entity is best suited to develop
housing for persons and families of low or moderate income.  In
authorizing the private development, the local agency shall impose
reasonable terms and conditions as will further the purposes of this
subdivision, which shall include, but not be limited to, continued
use of the property for housing for persons and families of low or
moderate income for not less than 40 nor more than 55 years.  A
lessee or purchaser of land pursuant to this subdivision shall agree
to limitations on profit in the operation of the property that will
benefit the public and assure that the housing provided thereon is
within the means of persons and families of low or moderate income.
The agreement shall be binding upon successors in interest of the
original lessee or purchaser and shall inure to the benefit of, and
be enforceable by, the state.
   (4) The local agency shall assure that the land will be used for
the purpose of providing low- or moderate-income housing and shall
not permit the use of the dwelling accommodations of the project for
any other purpose for not less than 40 nor more than 55 years, except
as provided in this section.
   In the event a local agency does not comply with the land use
requirements prescribed in this section, as determined by the
Department of General Services, the Department of General Services
may require that the local agency pay the state the difference
between the actual price paid by the local agency for the property
and the fair market value of the property, at the time of the
department's determination of noncompliance, plus 6 percent interest
on that amount for the period of time the land has been held by the
local agency.
   If the local agency, with the approval of the Department of
General Services, and in consultation with the Department of Housing
and Community Development, determines that there is no longer a need
for low- or moderate-income housing within the jurisdiction of the
local agency and another valid public purpose could be achieved by
utilizing the land in an alternative manner, the local agency shall
not be required to make any payment to the state for the difference
between purchase price and fair market value or interest charges for
the period of time the land has been held by the local agency.
   (5) Failure to comply with the provisions of this section shall
not invalidate the transfer, sale, or conveyance of the real property
to a bona fide purchaser or encumbrancer for value.
   (6) The project shall be commenced within 24 months of the
original transfer to the local agency.  However, the Department of
General Services, in consultation with the Department of Housing and
Community Development, may for justifiable cause extend the time for
commencement of development for an additional 36 months.  The
aggregate time for commencing development shall not exceed 60 months.
  The deed or other instrument of conveyance shall specify that, if
development has not commenced within that time, the land shall revert
to the Department of General Services for disposal pursuant to this
section or as otherwise authorized by law.
   (7) As used in this subdivision, "local agency" means and includes
any county, city, city and county, redevelopment agency organized
pursuant to Part 1 (commencing with Section 33000) of Division 24 of
the Health and Safety Code, or housing authority organized pursuant
to Part 2 (commencing with Section 34200) of Division 24 of the
Health and Safety Code, public district or other political
subdivision of the state and any instrumentality thereof, which is
authorized to engage in or assist in the development or operation of
housing for persons and families of low or moderate income and also
includes two or more of those agencies acting jointly pursuant to
Part 1 (commencing with Section 6500) of Division 7 of this code.
   (8) Up to 40 percent of the housing developed on land purchased at
below market value pursuant to this subdivision may be housing that
is not regulated as to price, rent, or eligibility of occupants only
if the purchaser of the land demonstrates that the proceeds from the
sale or rental of that housing, in an amount equal to the difference
between the fair market value and the actual price paid for the land,
is used to reduce prices or rents on other housing units that are
made available exclusively to persons and families of low and
moderate income.
   (e) Where the land is suitable to be used for the purpose of
providing housing for persons and families of low or moderate income,
as defined in Section 50093 of the Health and Safety Code, and
provided no local agency has acquired or is in the process of
acquiring the land pursuant to subdivision (d), the Director of
General Services, with the approval of the State Public Works Board,
may lease or sell the land to a housing sponsor.  The land may be
sold or leased at a reasonable cost that may be less than fair market
value.  The Department of Housing and Community Development shall
recommend to the Director of General Services a cost that will enable
the provision of housing for persons and families of low or moderate
income.  All transfers of land pursuant to this subdivision shall be
subject to all of the following conditions:
   (1) The housing sponsor has submitted a plan for the development
of that housing pursuant to criteria established by the Department of
Housing and Community Development.  The criteria shall include, but
need not be limited to, standards with respect to the cost of the
housing development and the proportion of the housing development to
be occupied by persons and families of low and moderate income.
Insofar as is practical, the plan shall provide for a mix of housing
for all income groups.
   (2) The housing development shall normally be developed or be
under development within 24 months from the time of transfer or lease
of the land to the housing sponsor.  However, the Department of
General Services, in consultation with the Department of Housing and
Community Development, may, upon finding justifiable cause, extend
the time for commencement of development for an additional period of
36 months.  The aggregate of all extensions for commencement of
development shall not exceed 60 months.  The deed or other instrument
of conveyance shall specify that if development has not commenced
within that time, the land shall revert to the Department of General
Services for disposal pursuant to this section or as otherwise
authorized by law.
   (3) Transfer of title to the land or lease of the land to a
housing sponsor shall be conditioned upon continued use of the
property as housing for persons and families of low and moderate
income for not less than 40 nor more than 55 years.  In accordance
with regulations that shall be adopted by the Department of Housing
and Community Development pursuant to the Administrative Procedure
Act, the Director of General Services shall require that any housing
sponsor purchasing or leasing land pursuant to this subdivision enter
into an agreement that (A) provides for limitations on profit in the
operation of that property that benefit the public and which assure
that the housing is affordable to persons and families of low and
moderate income, and (B) does not permit the use of the property for
purposes other than the provision of housing for persons and families
of low and moderate income except as provided in this subdivision.
Upon recordation of the agreement in the office of county recorder in
the county in which the real property subject to the agreement is
located, the agreement shall be binding for a period of not less than
40 nor more than 55 years upon successors in interest to the
original housing sponsor and shall inure to the benefit of, and be
enforceable by, the state.
   For the purposes of this subdivision, "housing sponsor" means a
nonprofit corporation incorporated pursuant to Part 1 (commencing
with Section 9000) of Division 2 of Title 1 of the Corporations Code;
a cooperative housing corporation which is a stock cooperative, as
defined by Section 11003.2 of the Business and Professions Code; a
limited-dividend housing corporation; or a private housing developer
who agrees to the conditions set forth in this subdivision.
   (4) Up to 40 percent of the housing developed on land purchased at
below market value pursuant to this subdivision may be housing which
is not regulated as to price, rent, or eligibility of occupants only
if the purchaser of the land demonstrates that the proceeds from the
sale or rental of that housing, in an amount equal to the difference
between the fair market value and the actual price paid for the
land, is used to reduce prices or rents on other housing units which
are made available exclusively to persons and families of low and
moderate income.
   (f) The Department of Housing and Community Development, in
consultation with the Department of General Services and the Office
of Planning and Research, shall make a report to the Legislature on
or before January 1, 1981, with respect to effectiveness of the
program and shall recommend any necessary legislative changes to the
provisions of subdivision (d).
   (g) Where the land is to be used for public purposes other than
specifically set forth in this section, is to be operated by the
local agency at no expense to the state, and the use and enjoyment of
the public purpose contemplated will be of broad public benefit, and
not a benefit basically of local interest enjoyed and used primarily
by the residents of the area of tax jurisdiction of the local
agency, the Director of General Services, with the approval of the
State Public Works Board, may transfer the land to local governmental
agencies at a sales price not less than 50 percent of fair market
value.  The transfer shall provide that if the land is not used for
the contemplated purpose during the period of 25 years following the
sale, the land shall revert to the state.  The Director of General
Services may provide additional terms and conditions which he or she
determines to be in the best interest of the state.
   (h) If there is more than one appropriate use and more than one
offer for the use of a parcel of surplus land, the Department of
General Services, in consultation with the Department of Housing and
Community Development, the Department of Parks and Recreation, and
the Office of Planning and Research, shall determine the most
appropriate use for the parcel and the Department of General Services
shall offer the land accordingly.
   (i) Land that has been declared surplus by the Legislature,
pursuant to Section 11011, is not needed by any state agency, is
suitable for development for housing purposes, and is not in the
process of being acquired pursuant to other provisions of this
section, may upon the request of the Department of Housing and
Community Development be retained by the Director of General Services
for a period not exceeding five years, during which the Director of
General Services shall continue to offer the lands for housing
pursuant to subdivision (d).
   (j) Transfer of state surplus lands under subdivision (d) shall be
at a cost which will enable provision of economically feasible
housing for persons and families of low or moderate income.
   (k) Where the land is to be used for school purposes, the Director
of General Services with the approval of the State Public Works
Board and the State Allocation Board may, notwithstanding any
provision in Section 11011, transfer the land to a local school
district at less than fair market value of the land, if the transfer
is in the public interest, under the following conditions:
   (1) The land is suitable for use by a school district as a school
site, school administration building site, school warehouse site, or
other school use approved by the State Department of Education.
   (2) The land is used by the school district for those purposes
before a nonuse fee is required by Section 39015 of the Education
Code or a later time approved by the State Department of Education,
with a reversion to the state if not so used within the time
prescribed.
   (3) The deed or other instrument of transfer shall provide that
the land shall revert to the state if the use is changed to a use not
consistent with school purposes during the period of 25 years
following the sale.
   (l) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.


11011.2.  (a) Any state agency that owns real property requiring
annual maintenance costing in excess of fifty thousand dollars
(,000), and that declares that property to be surplus, shall
provide for its maintenance for a period of one year from the date
notification is made to the Department of General Services to request
the Legislature to declare the property surplus, or until the
property is sold.  An agency may notify the Department of General
Services to request the Legislature to declare property surplus while
the property is still in use.
   (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.


11011.3.  (a) Any public agency desiring to purchase surplus state
real property, as set forth in Section 11011.1, shall give written
notice to the Department of General Services of its intent to
purchase the real property within 60 days after receipt of the
Department of General Services' written notification of intent to
sell the property.
   (b) If the public agency desiring to purchase the property and the
Department of General Services are unable to arrive at a mutually
acceptable sales price for the property within 180 days from the date
of receipt of notice from the public agency, upon request of the
public agency the Director of the Department of General Services
shall hire an independent third party appraiser mutually acceptable
to the agency and the department to appraise the property.  If within
10 days after receipt of the appraisal the public agency and the
department are unable to arrive at a mutually acceptable sales price,
upon request of the agency final determination of the sales price
shall be made by the State Public Works Board.  The public agency
shall bear all costs of the independent third party appraisal whether
or not the agency elects to purchase the property.  If the agency
does purchase the property, the appraisal costs shall be added to the
purchase price of the property.  If the public agency does not
purchase the property, it shall pay the appraisal costs, and the
surplus real property may be disposed of in the normal manner.
   (c) After arriving at a mutually agreeable sales price, the
Department of General Services and the public agency will be allowed
an additional 90 days to execute a sales or exchange agreement to
purchase the property.  In the event an agreement is not executed by
the public agency within the 90-day period, the Department of General
Services may offer the property for sale in the normal manner.
Should 90 days prove insufficient for the public agency to finance
purchase of the property, the Public Works Board for good cause may
grant an extension of time to complete the purchase.  The 90-day
limitation shall be suspended when a bond election is to be held for
the purpose of financing the purchase of the property.  However, the
bond election shall be called and held on the next eligible date and
this suspension of the 90-day limitation shall only be extended to
the 10th day following the date of the next bond election.
   (d) For purposes of this section, written notice shall be deemed
given upon proper posting and deposit in the United States mail.
   (e) Nothing in this section shall prohibit the state from
continuing to negotiate with a public agency for the sale of surplus
property pursuant to other provisions of this article.
   (f) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.



11011.4.  (a) Notwithstanding any provision to the contrary in
Section 54222 or elsewhere, land may be transferred pursuant to
subdivision (d) of Section 11011.1 to a local agency at the cost
specified in subdivision (d) of Section 11011.1.
   (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.


11011.5.  (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.



11011.6.  (a) Notwithstanding any other provision of law, land held
by the state and not needed by any state agency, acquired at little
or no cost from a local governmental agency or private party, and
where no significant amount of state funds have been expended to
preserve, improve, restore, or reclaim such lands, and if it will be
used by a governmental agency for a public purpose of broad public
benefit, and not a benefit basically of local interest enjoyed and
used primarily by the residents of the area of tax jurisdiction of
the agency, the Director of General Services, with the approval of
the State Public Works Board, upon application by the agency or
private party, may transfer the land to the governmental agencies at
no cost.
   (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.




11011.8.  (a) Whenever any person, as defined in Section 17, or
public agency receives any state surplus real property at less than
current market value, it shall pay all interim management and
administrative costs incurred by the state between the time the
person or public agency expressed interest in obtaining the property
and the completion of the transfer and all costs incurred by the
state in transferring title to the property.
   (b) This section does not apply to any transfer of surplus state
property that was authorized on or before January 1, 1989.
   (c) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.


11011.9.  (a) The Legislature finds and declares that:
   (1) Disposition of surplus property owned by public agencies
should be utilized to further state policies.
   (2) There exists within the urban and rural areas of the state a
serious shortage of decent, safe, and sanitary housing which persons
and families of low or moderate income can afford, and consequently
there is a pressing and urgent need for the preservation and
expansion of the supply of housing for such persons.
   (3) The provision of decent housing for all Californians is a
state goal of the highest priority.  The disposal of surplus land 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 in the disposal of
surplus state land to housing for persons and families of low or
moderate income, where such land is suitable for housing and there is
a need for such housing in the community.
   (4) There is an identifiable deficiency in the amount of
recreational land available to the public for park, recreational,
school, and open-space purposes, as well as for housing and general
community development purposes in accord with state policies.
   (b) It is the intent of the Legislature that surplus state
property be disposed of in a manner which furthers state policies in
the areas of parks, recreation, schools, open space, and housing and
community development, or any combination thereof.
   (c) This section shall be inoperative for the period commencing
with the effective date of the act that added this subdivision, until
July 1, 2005.


11011.11.  (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.  As used in Section 11011.15, "agency" means any state
agency, department, division, bureau, board, commission, and the
California State University.  "Agency" does not mean the Legislature,
the University of California, or the Department of Transportation.




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, 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 description of the current uses of the property and any
projected future uses during the next three years.  In the case of
land held for state park use whose projected use would exceed a
three-year period, the projected use and estimated date of
construction or use shall be furnished.
   (5) A concise description of each major structure located on the
property.
   (6) 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.



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.



11011.20.  (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 Saratoga Townhomes.
   Parcel 11.  Approximately 3.66 acres including improvements
thereon, known as the Department of General Services, Junipero Serra
State Office Building, located at 107 S. Broadway, in Los Angeles,
Los Angeles County.
   Parcel 12.  Approximately 32 acres including improvements thereon,
being a portion of the State Department of Developmental Services
Fairview Developmental Center, located at 2501 Harbor Blvd., in Costa
Mesa, Orange County.
   Parcel 13.  Approximately 3.6 acres, with improvements thereon.
Entire structure used as the Delano Armory by the Military
Department, located at 705 South Lexington Street, in Delano, Kern
County.
   Parcel 16.  Approximately 1,720 acres of agricultural land, being
a portion of the Department of Corrections' Imperial South Centinella
Prison, located at 2302 Brown Road, in Imperial, Imperial County,
which shall only be available for lease.
   Parcel 17.  Approximately 800 acres of agricultural land, being a
portion of the Department of Corrections' Imperial North Calipatria
Prison, located at 7018 Blair Road, in Calipatria, Imperial County,
which shall only be available for lease.
   (d) The Department of General Services shall be reimbursed for any
cost or expense incurred in the disposition of any parcels.
   (e) Notices of every public auction or bid opening shall be posted
on the property to be sold pursuant to this section, and shall be
published in a newspaper of general circulation published in the
county in which the real property to be sold is situated.
   (f) Any sale, exchange, lease, or transfer of a parcel described
in this section is exempt from Chapter 3 (commencing with Section
21100) to Chapter 6 (commencing with Section 21165), inclusive, of
Division 13 of the Public Resources Code.
   (g) As to any property sold pursuant to this section consisting of
15 acres or less, the Director of General Services shall except and
reserve to the state all mineral deposits possessed by the state, as
defined in Section 6407 of the Public Resources Code, below a depth
of 500 feet, without surface rights of entry.  As to property sold
pursuant to this section consisting of more than 15 acres, the
director shall except and reserve to the state all mineral deposits,
as defined in Section 6407 of the Public Resources Code, together
with the right to prospect for, mine, and remove the deposits.  The
rights to prospect for, mine, and remove the deposits shall be
limited to those areas of the property conveyed that the director,
after consultation with the State Lands Commission, determines to be
reasonably necessary for the removal of the deposits.
   (h) The net proceeds of any moneys received from the disposition
of any parcels described in this section shall be deposited in the
General Fund.



11011.25.  (a) Notwithstanding any other provision of law, the
Director of General Services shall transfer to the County of Ventura,
no later than October 1, 1998, and upon approval by the county board
of supervisors, the approximately 57 acre noncontiguous parcel of
the Camarillo State Hospital property located on Lewis Road in
Ventura County.
   (b) The transfer shall be completed at no cost to the County of
Ventura, other than reasonable costs incurred by the Department of
General Services in performing the transfer.
   (c) As a condition of the transfer, the County of Ventura shall
agree to assume the state's position as lessor of the property and
comply with all terms and conditions of any lease in effect on the
property at the time of transfer.
   (d) As a condition of receiving the property at no cost, the
County of Ventura shall accept the property as is, and shall maintain
the property in perpetuity for public use for public facilities
operated by the county, or for the operation of nonprofit uses for
publicly funded programs.  Notwithstanding any other provision of law
that limits reversionary rights to real property, including, but not
limited to, Chapter 5 (commencing with Section 885.010) of Title 5
of Part 2 of Division 2 of the Civil Code, title to this property
shall revert to the possession, control, and ownership of the state
should this condition be violated.  This condition shall be included
in the quitclaim deed to the County of Ventura.



11011.26.  The Director of General Services, subject to the approval
of the State Public Works Board and specific authorization by the
Legislature that may be provided for in the Budget Bill, may exchange
with the City of Santa Maria, at fair market value, and upon terms
and conditions the director deems to be in the best interests of the
state, state real property under the jurisdiction of the Department
of Motor Vehicles located at 523 South McClellan Street, in the City
of Santa Maria, for a land-for-land exchange, build-to-suit lease
with a purchase option, new lease purchase agreement, existing leased
facility, or any other equitable exchange to be occupied by the
Department of Motor Vehicles. The city shall be responsible for all
administrative costs associated with the exchange of properties. If
the exchange is completed with the city, then the city shall
reimburse the Department of General Services for any cost or expense
associated with the department's review and approval of the
appraisal, conveyance, and acquisition documents. If the exchange is
not completed by January 1, 2010, the director may enter into an
exchange agreement with parties other than the City of Santa Maria,
at fair market value, and upon terms and conditions the director
deems to be in the best interests of the state, to meet the
objectives of this section, subject to the approval of the State
Public Works Board and funding under the Budget Bill.




11012.  Whenever any state agency, including, but not limited to,
state agencies acting in a fiduciary capacity, is authorized to
invest funds, or to sell or exchange securities, prior approval of
the Department of Finance to the investment, sale, or exchange shall
be secured.
   Every state agency shall furnish the Department of Finance with
the reports and in the form, relating to the funds or securities,
their acquisition, sale, or exchange, as may be requested by the
Department of Finance from time to time.
   This section does not apply to the following state agencies:
   (a) Any state agency if issuing or dealing in securities
authorized to be issued by it.
   (b) The State Treasurer.
   (c) The Regents of the University of California.
   (d) Employment Development Department.
   (e) Department of Veterans Affairs.
   (f) Hastings College of Law.
   (g) Board of Administration of the Public Employees' Retirement
System.
   (h) State Compensation Insurance Fund.
   (i) California Transportation Commission and Department of
Transportation if acting in accordance with bond resolutions adopted
under the California Toll Bridge Authority Act (Chapter 1 (commencing
with Section 30000) of Division 17 of the Streets and Highways Code)
prior to September 15, 1945.
   (j) Teachers' Retirement Board of the State Teachers' Retirement
System.
   (k) State Athletic Commission if acting pursuant to Section 18882
of the Business and Professions Code with respect to the Boxers'
Pension Fund.



11012.5.  (a) The Director of General Services may exercise the
option to accelerate the vesting of title in the state as set forth
in the lease purchase agreement dated as of December 29, 1993, of the
land and buildings located in the City and County of Sacramento,
California, consisting of the entire office building located at 450
"N" Street containing approximately 616,730 gross square feet, a
parking garage, including approximately 711 exclusive parking spaces,
on the block bounded by "N" Street and "O" Street, 4th Street and
5th Street, and all associated improvements, for a price not to
exceed eighty-one million dollars (,000,000).
   (b) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
the State Building Construction Act of 1955 (Part 10b (commencing
with Section 15800)) to finance the acquisition of the facilities
authorized by subdivision (a) by exercise of the option to
accelerate.
   (2) The Department of General Services and the State Public Works
Board may borrow funds for the acquisition and related project costs
from the Pooled Money Investment Account pursuant to Sections 16312
and 16313.
   (3) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition by exercise of the option to accelerate, any additional
sums necessary to pay interim and permanent financing costs and costs
of issuance of the bonds. The additional amount may include
interest, a reasonable required reserve fund, and the Department of
General Services' costs and expenses incurred with the exercise of
the option to accelerate.
   (c) In the event the bonds authorized for the projects are not
sold, the Department of General Services shall adjust the Service
Revolving Fund by an amount sufficient to repay any loans made by the
Pooled Money Investment Account.
   (d) Notwithstanding Section 13340, funds derived from the interim
and permanent financing or refinancing of the facilities specified in
this section are hereby continuously appropriated without regard to
fiscal years for these purposes.



11013.  The director of any state department, subject to approval of
the Department of General Services, may establish and maintain, or
by contract or otherwise cause to be established and maintained by
any person or organization, at any institution under the jurisdiction
of such department, a store or canteen for the sale to, or for the
benefit of, inmates, patients and other persons entitled to
institutional services, or employees of such institution, of candies,
tobacco products, packaged food, nonalcoholic beverages and other
articles.  Such stores or canteens shall be conducted subject to
rules and regulations of the department and rental, utilities and
service charges shall be fixed and collected from such stores or
canteens in an amount sufficient to reimburse the institution for its
costs in connection with such store or canteen.  The store or
canteen when conducted by the institution or under the direction of
the superintendent thereof, shall be operated on a nonprofit basis.
Any profit derived by the institution from any store or canteen shall
be deposited for the use and benefit of said inmates, patients or
persons entitled to institutional services.
   This section shall not apply to any institution at which a store
or canteen is authorized to be established under existing law.



11014.  (a) In exercising the powers and duties granted to and
imposed upon it, any state agency may construct and maintain
communication lines as may be necessary.
   (b) In providing communications and necessary powerlines in
connection with activities under subdivision (a), the agency, with
the approval of the Department of General Services, may enter into
contracts with owners of similar facilities for use of their
facilities, such as pole lines, and provisions may be made for
indemnification and holding harmless of the owners of those
facilities by reason of this use. Insurance may be purchased by the
Department of General Services, upon request of the agency, to
protect the state against loss or expense arising out of the
contract.
   (c) Any claim for damages arising against the state under this
section shall be presented to the California Victim Compensation and
Government Claims Board in accordance with Sections 905.2 and 945.4,
and if not covered by insurance as provided under subdivision (b),
the claim shall be payable only out of funds appropriated by the
Legislature for this purpose. If the state elects to insure its
liability under this section, the California Victim Compensation and
Government Claims Board may automatically deny that claim.




11015.  No state funds under the control of an officer or employee
of the state, or of any agency thereof, shall ever be used for
membership or for any participation involving a financial payment or
contribution, on behalf of the state agency, or any individual
employed by or associated therewith, in any private organization
whose membership practices are discriminatory on the basis of any
characteristic listed or defined in Section 11135. This section does
not apply to any public funds which have been paid to an individual
employee or officer as salary.



11015.5.  (a) On or after July 1, 2001, unless otherwise authorized
by the Department of Information Technology pursuant to Executive
Order D-3-99, every state agency, including the California State
University, that utilizes any method, device, identifier, or other
data base application on the Internet to electronically collect
personal information, as defined in subdivision (d), regarding any
user shall prominently display the following at least one anticipated
initial point of communication with a potential user, to be
determined by each agency, and in instances when the specified
information would be collected:
   (1) Notice to the user of the usage or existence of the
information gathering method, device, identifier, or other data base
application.
   (2) Notice to the user of the type of personal information that is
being collected and the purpose for which the collected information
will be used.
   (3) Notice to the user of the length of time that the information
gathering device, identifier, or other data base application will
exist in the user's hard drive, if applicable.
   (4) Notice to the user that he or she has the option of having his
or her personal information discarded without reuse or distribution,
provided that the appropriate agency official or employee is
contacted after notice is given to the user.
   (5) Notice to the user that any information acquired by the state
agency, including the California State University, is subject to the
limitations set forth in the Information Practices Act of 1977 (Title
1.8 (commencing with Section 1798) of Part 4 of Division 3 of the
Civil Code).
   (6) Notice to the user that state agencies shall not distribute or
sell any electronically collected personal information, as defined
in subdivision (d), about users to any third party without the
permission of the user.
   (7) Notice to the user that electronically collected personal
information, as defined in subdivision (d), is exempt from requests
made pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
   (8) The title, business address, telephone number, and electronic
mail address, if applicable, of the agency official who is
responsible for records requests, as specified by subdivision (b) of
Section 1798.17 of the Civil Code, or the agency employee designated
pursuant to Section 1798.22 of that code, as determined by the
agency, who is responsible for ensuring that the agency complies with
requests made pursuant to this section.
   (b) A state agency shall not distribute or sell any electronically
collected personal information about users to any third party
without prior written permission from the user, except as required to
investigate possible violations of Section 502 of the Penal Code or
as authorized under the Information Practices Act of 1977 (Title 1.8
(commencing with Section 1798) of Part 4 of Division 3 of the Civil
Code).  Nothing in this subdivision shall be construed to prohibit a
state agency from distributing electronically collected personal
information to another state agency or to a public law enforcement
organization in any case where the security of a network operated by
a state agency and exposed directly to the Internet has been, or is
suspected of having been, breached.
   (c) A state agency shall discard without reuse or distribution any
electronically collected personal information, as defined in
subdivision (d), upon request by the user.
   (d) For purposes of this section:
   (1) "Electronically collected personal information" means any
information that is maintained by an agency that identifies or
describes an individual user, including, but not limited to, his or
her name, social security number, physical description, home address,
home telephone number, education, financial matters, medical or
employment history, password, electronic mail address, and
information that reveals any network location or identity, but
excludes any information manually submitted to a state agency by a
user, whether electronically or in written form, and information on
or relating to individuals who are users serving in a business
capacity, including, but not limited to, business owners, officers,
or principals of that business.
   (2) "User" means an individual who communicates with a state
agency or with an agency employee or official electronically.
   (e) Nothing in this section shall be construed to permit an agency
to act in a manner inconsistent with the standards and limitations
adopted pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) or the
Information Practices Act of 1977 (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code).



11016.  Any state agency may, within the powers otherwise conferred
by law upon the state agency, in order that this state may
participate in the federal antipoverty program embodied in the
"Economic Opportunity Act of 1964" (Public Law 88-452; 78 Stat. 508),
contract with any public agency or private agency or with any agency
or entity provided by an agreement executed pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of this code.


11016.1.  Notwithstanding any other provisions of law to the
contrary, if foreign assistance funds are appropriated by the
President of the United States and the Congress for the purpose of
funding a foreign assistance program between California and any
foreign government or governments allied with the United States, any
state agency and each department and division thereof may, within the
powers otherwise conferred by law upon the state agency and each
department and division thereof, participate in any work for or on
behalf of the United States if such work is completely financed by
federal funds, except for general administrative expenses.  Any state
agency may enter into agreements with the authorized officials of
the United States for the performance of any such work, subject to
the terms and conditions of this section.
   Any agreement subject to this section shall be subject to the
approval of the Department of Finance.



11016.5.  Each state agency may contract with a joint powers
authority that is created pursuant to an agreement entered into
pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1, to perform examinations and related services for the state
agency with respect to the issuance of professional and vocational
licenses, certifications, commissions, permits, or other similar
accreditations, subject to the approval of the Director of General
Services, or to other approval as required by law.  Notwithstanding
any other provision of law, the  Cooperative Personnel Services Joint
Powers Authority is hereby authorized to administer examinations and
perform related services for state agencies with respect to the
issuance of professional and vocational licenses, certifications,
commissions, permits, or other similar accreditations, subject to the
approval of the Director of General Services, or to other approval
as required by law.


11016.9.  (a) Each state agency shall establish clear flextime
policies and shall direct its managers to encourage the use of
flextime.
   (b) Each state agency shall enroll in a local or regional
transportation management association, where appropriate.




11017.  Notwithstanding any other provision of law, each state
agency in performing its duties shall comply with all local air
pollution control rules, regulations, and ordinances which are more
stringent than any applicable state air pollution control statute,
rule, or regulation.
   In any area where neither any local air pollution control rules,
regulations, or ordinances nor any state air pollution control
statute, or rule or regulation adopted by the State Air Resources
Board pursuant to Section 41503 or 41504 of the Health and Safety
Code, applies, the State Air Resources Board may adopt, after a
public hearing, air pollution control rules and regulations for state
agencies performing their duties in such areas, and each state
agency in performing its duties in such area shall comply with such
air pollution control rules and regulations.



11017.1.  Each state agency shall take all practical and reasonable
steps to recover civil damages for the negligent, willful, or
unlawful damaging or taking of state property under the jurisdiction
of the state agency, including the institution of appropriate legal
action.



11017.5.  (a) When a statute is enacted establishing a new program
or requiring interpretation pursuant to the Administrative Procedure
Act, the state agency responsible for the program or regulatory
action shall, six months after the operative date or the effective
date of the statute, whichever is later, issue a clear and concise
summary of actions taken to implement the statute to the author of
the statute, the policy committees in each house of the Legislature
that considered the statute and, if the statute has been considered
by the fiscal committee of either house of the Legislature, to the
Joint Legislative Budget Committee and to the fiscal committee of
each house of the Legislature that considered the statute.
   (b) In addition, the state agency responsible for the program or
regulatory action shall send copies of all regulations proposed to
implement the statute, and notice of any hearings held on those
regulations before those hearings are held, to the author of the
statute, so long as the author is a Member of the Legislature.




11017.6.  Every state agency responsible for implementing a statute
which requires interpretation pursuant to the Administrative
Procedure Act shall prepare, by January 30 of each year, a rulemaking
calendar for that year.  The rulemaking calendar shall be prepared
in accordance with a format specified by the office,  approved by the
head of the department or, if the rulemaking agency is an entity
other than a department, by the officer, board, commission, or other
entity which has been delegated the authority to adopt, amend, or
repeal regulations, and published in the California Regulatory Notice
Register.  The preparation of the rulemaking calendar shall not
preclude adoption of a regulation that is not included in the
rulemaking calendar but which is required by circumstances not
reasonably anticipated at the time that the rulemaking calendar is
prepared.
   The rulemaking calendar shall consist of two schedules as follows:

   (a) A schedule which describes the rulemaking necessary to
implement statutes  enacted during the previous year.  The schedule
shall include the projected dates on which the agency plans to:
   (1) Publish the notice of proposed action for each rulemaking.
   (2) Schedule a public hearing if one is required or requested.
   (3) Adopt the regulations.
   (4) Submit the regulations to the office for review.
   In addition, the schedule shall identify the organizational unit
within the agency which is responsible for each rulemaking and the
name and telephone number of the agency officer to whom inquiries
concerning the rulemaking may be directed.
   (b) A schedule which describes all other rulemaking the agency
plans to propose, to implement or interpret other statutes enacted
during years prior to the previous year.  The schedule shall contain
the same information concerning rulemaking as is required in the
schedule prepared under subdivision (a), and a report on the status
of all uncompleted rulemaking that was described on previous
calendars.
   In addition to publishing the rulemaking calendar in the
California Regulatory Notice Register, state agencies subject to this
section shall send the calendar to the author of each statute
enacted during the previous year for which the agency has
responsibility, together with an explanation of the priority the
agency has given the statute in the rulemaking calendar.



11018.  Every state agency which is authorized by any law to conduct
administrative hearings but is not subject to Chapter 5 (commencing
with Section 11500) shall nonetheless comply with Sections 11435.20,
11435.25, and 11435.55 relative to the furnishing of language
assistance at the hearing.



11018.5.  (a) The Department of Real Estate, on or after July 1,
2001, unless otherwise authorized by the Department of Information
Technology pursuant to Executive Order D-3-99, shall provide on the
Internet information regarding the status of every license issued by
that entity in accordance with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) and the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code), including information relative to
suspensions and revocations of licenses issued by that state agency
and other related enforcement action taken against persons,
businesses, or facilities subject to licensure or regulation by a
state agency.
   (b) The Department of Real Estate shall disclose information on
its licensees, including real estate brokers and agents, on the
Internet that is in compliance with the department's public record
access guidelines.  In instances where licensees use their home
address as a mailing address, the department shall allow licensees to
provide a post office box number or other alternate address where
correspondence may be received.  Notwithstanding the foregoing, real
estate brokers shall provide the department with the actual address
of their place or places of business as required by Section 10162 of
the Business and Professions Code.
   (c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538 of the
Business and Professions Code.



11019.  (a) Any department or authority specified in subdivision (b)
may, upon determining that an advance payment is essential for the
effective implementation of a program within the provisions of this
section, and to the extent funds are available, advance to a
community-based private nonprofit agency with which it has
contracted, pursuant to federal law and related state law, for the
delivery of services, not to exceed 25 percent of the annual
allocation to be made pursuant to the contract and those laws during
the fiscal year to the private nonprofit agency.  Advances in excess
of 25 percent may be made on contracts financed by a federal program
when the advances are not prohibited by federal guidelines.  Advance
payments may be provided for services to be performed under any
contract with a total annual contract amount of four hundred thousand
dollars (0,000) or less.  This amount shall be increased by 5
percent, as determined by the Department of Finance, for each year
commencing with 1989.  Advance payments may also be made with respect
to any contract that the Department of Finance determines has been
entered into with any community-based private nonprofit agency with
modest reserves and potential cashflow problems.  No advance payment
shall be granted if the total annual contract exceeds four hundred
thousand dollars (0,000), without the prior approval of the
Department of Finance.
   The specific departments and authority mentioned in subdivision
(b) shall develop a plan to establish control procedures for advance
payments.  Each plan shall include a procedure whereby the department
or authority determines whether or not an advance payment is
essential for the effective implementation of a particular program
being funded.  Each plan shall be approved by the Department of
Finance.
   (b) Subdivision (a) shall apply to the Emergency Medical Service
Authority, the California Department of Aging, the State Department
of Developmental Services, the State Department of Alcohol and Drug
Programs, the Department of Corrections, the Department of Economic
Opportunity, the Employment Development Department, the State
Department of Health Services, the State Department of Mental Health,
the Department of Rehabilitation, the State Department of Social
Services, the Department of Child Support Services, the Department of
the Youth Authority, the State Department of Education, the area
boards on developmental disabilities, the State Council on
Developmental Disabilities, the Office of Statewide Health Planning
and Development, and the California Environmental Protection Agency,
including all boards and departments contained therein.
   Subdivision (a) shall also apply to the California Health and
Human Services Agency, which may make advance payments, pursuant to
the requirements of that subdivision, to multipurpose senior services
projects as established in Sections 9400 to 9413, inclusive, of the
Welfare and Institutions Code.
   Subdivision (a) shall also apply to the Resources Agency,
including all boards and departments contained in that agency, which
may make advance payments pursuant to the requirements of that
subdivision with respect to grants and contracts awarded to certified
local community conservation corps.
   (c) A county may, upon determining that an advance payment is
essential for the effective implementation of a program within the
provisions of this section, and to the extent funds are available,
and not more frequently than once each fiscal year, advance to a
community-based private nonprofit agency with which it has
contracted, pursuant to any applicable federal or state law, for the
delivery of services, not to exceed 25 percent of the annual
allocation to be made pursuant to the contract and those laws, during
the fiscal year to the private nonprofit agency.



11019.5.  (a) Notwithstanding any other provision of law, but to the
extent consistent with applicable federal law or regulation, any
state department and the Controller pursuant to subdivision (b) of
Section 15202, after receiving a request by a board of supervisors of
an affected county which has a population of 150,000 or less as of
January 1, 1983, and upon determining that advance payment is
essential to the effective implementation of a particular program,
and further to the extent that funds are available, and not more
frequently than once each month, may advance to the county an amount
not to exceed one-twelfth of the annual allocations, subventions, or
reimbursements required for the delivery of services by a county.
   (b) The director of each department and the Controller shall
promulgate regulations or guidelines and a plan to establish control
procedures to define the scope of operational information required
from a county in order to guarantee advance payments pursuant to this
section.  No county may receive an advance payment unless the county
has complied with the provisions of the department's plan and
regulations.  Each department plan shall be approved by the
Department of Finance prior to its implementation.
   (c) Claim schedules for advance payments shall be presented to the
appropriate department in the manner prescribed by the department.
Payment of claims shall be made within 60 days after a claim is
received by the department.
   (d) Each department and the Controller shall review periodically
and adjust advances to actual expenditures for the claim period.
Additionally, each department and the Controller shall take into
consideration the timing of the implementation of new programs in the
computation of advances.  The authority contained in this chapter
shall not supersede or limit any other provision of law authorizing
the state to conduct required audits of claims transactions.
   (e) A county, upon determining that an advance payment is
essential for the effective implementation of a particular program,
to the extent funds are available, and not more frequently than once
each month, may advance to other affected local public agencies
located within its jurisdiction (i.e., school districts, special
districts, cities, etc.) an amount not to exceed one-twelfth of the
annual allocations, reimbursements, or subventions required for the
delivery of services pursuant to related state and federal laws.
   (f) This section does not apply to the State Department of Social
Services.


11019.6.  (a) Notwithstanding any other provision of state law, and
to the extent not in conflict with federal law, if a principal agency
is not designated by statute, a principal state agency shall be
designated by the Governor for the coordination of procedures, forms,
and deadlines in every area of regulatory activity under the state's
jurisdiction, as determined by the Governor.  All other state
agencies shall defer to the principal agency in the performance of
their duties in a particular regulatory area, or upon a particular
project, with respect to procedures, forms, and deadlines, but not
with respect to any other area of authority.
   (b) This section shall not apply to the processing of any permit
pursuant to Division 34 (commencing with Section 71000) of the Public
Resources Code.
   (c) No part of this section shall be construed to limit the
authority of any agency to hold public hearings on any matter within
the jurisdiction of that agency.
   (d) No part of this section shall be construed to authorize any
state agency to adopt or implement procedures, forms, or deadlines in
conflict with those explicitly specified in statute or in conflict
with the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340), Chapter 4 (commencing with Section 11370), Chapter
4.5 (commencing with Section 11400), and Chapter 5 (commencing with
Section 11500)).
   (e) Nothing in this section shall be construed to confer upon any
state agency decisionmaking authority over substantive matters within
another agency's jurisdiction, including any informational and
public hearing requirements needed to make regulatory and permitting
decisions.
   (f) As used in this section, "agency" and "principal agency" shall
not mean a court or any office of the judicial branch of government.



11019.7.  (a) No state agency shall send any outgoing United States
mail to an individual that contains personal information about that
individual, including, but not limited to, the individual's social
security number, telephone number, driver's license number, or credit
card account number, unless that personal information is contained
within sealed correspondence and cannot be viewed from the outside of
that sealed correspondence.
   (b) "Outgoing United States mail" for the purposes of this section
includes correspondence sent via a common carrier, including, but
not limited to, a package express service and a courier service.
   (c) Notwithstanding subdivision (a) of Section 11000, "state
agency" includes the California State University.



11019.8.  (a) All state agencies, as defined in Section 11000, are
encouraged and authorized to cooperate with federally recognized
California Indian tribes on matters of economic development and
improvement for the tribes.
   (b) Cooperation by state agencies with federally recognized
California Indian tribes may include, but need not be limited to, all
of the following:
   (1) Providing information on programs available to assist Indian
tribes.
   (2) Providing technical assistance on the preparation of grants
and applications for public and private funds, and conducting
meetings and workshops.
   (3) Any other steps that may reasonably be expected to assist
tribes to become economically self-sufficient.
   (c) Cooperation by state agencies on economic development and
improvement for federally recognized California Indian tribes, as
described in this section, shall not be construed to include
activities that promote gambling.


11019.9.  Each state department and state agency shall enact and
maintain a permanent privacy policy, in adherence with the
Information Practices Act of 1977 (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code), that includes, but
is not limited to, the following principles:
   (a) Personally identifiable information is only obtained through
lawful means.
   (b) The purposes for which personally identifiable data are
collected are specified at or prior to the time of collection, and
any subsequent use is limited to the fulfillment of purposes not
inconsistent with those purposes previously specified.
   (c) Personal data shall not be disclosed, made available, or
otherwise used for purposes other than those specified, except with
the consent of the subject of the data, or as authorized by law or
regulation.
   (d) Personal data collected must be relevant to the purpose for
which it is collected.
   (e) The general means by which personal data is protected against
loss, unauthorized access, use modification or disclosure shall be
posted, unless that disclosure of general means would compromise
legitimate state department or state agency objectives or law
enforcement purposes.
   (f) Each state department or state agency shall designate a
position within the department or agency, the duties of which shall
include, but not be limited to, responsibility for the privacy policy
within that department or agency.