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SB-56 University of California: transfer of real property.(2023-2024)

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Date Published: 01/03/2024 02:00 PM
SB56:v98#DOCUMENT

Amended  IN  Senate  January 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 56


Introduced by Senator Skinner

December 07, 2022


An act to amend Section 454.54 of the Public Utilities 10513 of the Public Contract Code, relating to electricity. public contracts.


LEGISLATIVE COUNSEL'S DIGEST


SB 56, as amended, Skinner. Load-serving entities: integrated resource plans. University of California: transfer of real property.

Existing law requires the Public Utilities Commission to adopt a process for each load-serving entity, defined to include electrical corporations, electric service providers, and community choice aggregators, to file an integrated resource plan and a schedule for periodic updates to the plan to ensure that it meets, among other things, the state’s targets for reducing emissions of greenhouse gases and the requirement to procure at least 60% of its electricity from eligible renewable energy resources by December 31, 2030. Existing law additionally requires the integrated resource plan to contribute to a diverse and balanced portfolio of resources needed to ensure a reliable supply of electricity that provides optimal integration of renewable energy resources in a cost-effective manner, meets the state’s targets for reducing emissions of greenhouse gases, and prevents cost shifting among load-serving entities.

This bill would make a nonsubstantive change to the latter provision.

Existing provisions of the California Constitution provide that the University of California constitutes a public trust and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including such competitive bidding procedures as may be applicable to the university by statute for the letting of construction contracts, sales of real property, and purchasing of materials, goods, and services. Existing law requires the regents to give prescribed public notice to bidders of the sale of university real property situated in California that is estimated at more than $1,000,000 in net value to the university. Existing law requires the regents to accept in public a bid for the sale that offers the best combination of price, terms, and bidder’s qualifications to the university, or reject all bids or proposals. Existing law exempts certain transactions from these publication and award procedures.
This bill would additionally exempt from the publication and award procedures the transfer of specified real property in the City of Berkeley from the regents to the Berkeley Student Cooperative for the purpose of maintaining affordable student housing for the students of the University of California.
This bill would make legislative findings and declarations as to the necessity of a special statute for the transfer of real property.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 10513 of the Public Contract Code is amended to read:

10513.
 The publication and award procedures set forth in this article shall not be applicable to any of the following:
(a) The sale of an undivided or fractional ownership interest in real property.
(b) A sale of a right of use in real property that is less than fee ownership.
(c) A sale of real property subject to title conditions or restrictions on the university’s ownership deriving from the origin of that ownership by gift, devise, or otherwise, if that sale would be inconsistent with those title conditions or restrictions.
(d) The disposition of real property acquired through exercise of a power of sale pursuant to a deed of trust, foreclosure, deed in lieu of foreclosure, transactions when property is accepted in settlement of a defaulted mortgage, legal settlement, or held as an asset in the university’s investment portfolio.
(e) A sale of public lands under the direction of the federal land agent.
(f) A sale to a person or entity who will dedicate the real property to public use.
(g) A sale of real property acquired after January 1, 1985, through eminent domain proceedings initiated by the Regents of the University of California. In those cases, the person from whom the property was acquired shall be notified and be accorded an exclusive opportunity for 90 days to purchase the property at its fair market value. If the person fails to undertake proceedings to purchase the property within 90 days, the procedures specified in Sections 10511 and 10512 shall then be followed in the sale of the property.
(h) An exchange to acquire real property of another person or entity for university purposes. Any exchange shall be upon terms and conditions agreed to by the exchanging parties.
(i) The transfer of real property located at 2424 Haste Street, in the City of Berkeley, from the Regents of the University of California to the Berkeley Student Cooperative for the purpose of maintaining affordable student housing for the students of the University of California.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to maintain affordable student housing for the students of the University of California that is provided by the Berkeley Students Cooperative.
SECTION 1.Section 454.54 of the Public Utilities Code is amended to read:
454.54.

In addition to the requirements of Section 454.52, the integrated resource plan of each load-serving entity shall contribute to a diverse and balanced portfolio of resources needed to ensure a reliable supply of electricity that provides optimal integration of renewable energy resources in a cost-effective manner, meets the emissions reduction targets for greenhouse gases described in subparagraph (A) of paragraph (1) of subdivision (a) of Section 454.52, and prevents cost shifting among load-serving entities.