The Military Base Reuse Authority ActPowers and Duties
Section § 67840
This law section mandates that a board is responsible for creating and maintaining a plan for the future use and development of a military base. This plan must meet both state and federal requirements and should include a five-year program for capital improvements related to basewide and local facilities.
The plan acts as the official local blueprint for the reuse of the base for all public purposes and is crucial for discussions and planning with federal and state agencies. The plan can include phased development, with specific criteria for public facilities and other necessary considerations for each phase.
When working on the plan, the board must align with various regional and federal plans, like those for coastal, air, and water quality, as well as consider local general plans, ensuring compliance with broader governmental objectives.
Section § 67840.1
Once a reuse plan for a military base is adopted, any county or city where the base is located must submit their general or updated plans to the board. These plans need to meet two main requirements. First, the plan must be submitted following a public hearing and a resolution from the county or city, certifying that it aligns with this law's requirements. Second, the plan must include enough detailed materials for the board to conduct a thorough review based on its guidelines.
Section § 67840.2
This law requires the board to review and decide whether to approve or deny certification of a general plan or its amendments within 90 days after submission. This decision is made after a public hearing. If the plan is denied, the board must explain why and can suggest changes for resubmission. The county or city can choose to make these changes or propose their own revisions. If the board gives no suggestions and the plan is still not certified, they must provide reasons for refusal. Ultimately, the board will certify the plan if it aligns with the title's requirements and the reuse plan.
Section § 67840.3
When a county or city has a general plan, and it gets certified or updated, they need to work with a board to set a date to submit their zoning rules and maps for a particular area. This needs to happen within 30 days of certification. If the county or city doesn't stick to the schedule, the board can choose to delay its deadlines for responding to these submissions.
Section § 67840.4
This law outlines the process for counties and cities to submit zoning plans for areas that were once military bases to a governing board for approval. The board can reject these zoning plans if they don't align with the established general plan for the area. If rejected, the board must explain why and point out how the zoning plans fall short. The board can suggest changes to fix the issues, and if these changes are made and submitted again, they can be approved. However, counties and cities can choose to make other changes and resubmit for approval.
Section § 67840.5
Once a general plan for a certain area is approved and all related actions have taken effect, any new development in that area needs to be reviewed and approved by the local city or county involved. However, if the development is proposed on coastal tidelands, submerged lands, or public trust lands, these rules don't apply.
Section § 67840.6
Once a general plan or an amended general plan is approved by the board, any new amendments to that plan concerning the area of the base must also be approved in the same way as the original plan for them to be enforced.
Section § 67840.7
This law outlines how changes to a military base reuse plan can be made. If a change only affects one member agency, it can be adopted by the board through a simple majority vote if the member agency initiates it, or a two-thirds majority if someone else initiates it. No local agencies can approve developments that don't align with the current plan. The board can set rules to ensure agencies follow the plan. Member agencies can manage zoning and building permits within the military base area, but their actions can be reviewed or appealed by the board.
Section § 67841
This law allows a board to work out agreements with the U.S. government, or its agencies, about what to do with land or buildings at a military base. They can decide whether to repurpose them, conserve them, or use them differently.
Section § 67842
This law section outlines the responsibilities and powers of a board concerning the handling of property on a military base. The board is the main local authority in acquiring, leasing, and selling real estate and facilities within the base. It acts as the state's agent for receiving federal properties.
The board can resolve disputes between local agencies about land use and must comply with federal laws on low-income housing. It can take ownership of property given or sold to it by the federal government and can sell or lease this property to help transition the base for civilian use, honoring federal conditions.
Additionally, the law does not stop the federal government from negotiating with utility providers to transfer control of federally-owned systems on the base, such as telecommunication or water.
Section § 67843
This law section outlines the responsibilities and powers of a board associated with a military base's redevelopment. It includes identifying necessary public facilities from an authority reuse plan, handling their planning, financing, and construction, and potentially delegating these tasks to member agencies. The board can also seek state or federal funding.
They may impose taxes or levies and issue bonds to fund basewide facilities using various acts related to public improvements. Development fees can be charged for projects on the base, and permits can't be issued until fees are settled. Additionally, the board can receive funds from the California Infrastructure and Economic Development Bank.
Section § 67844
This section allows the board to make contracts and agreements to address any issues that arise from reusing a military base.
Section § 67845
This law section allows a board to assess and suggest how to clean up dangerous toxic and explosive materials on a military base. They can recommend these actions to both federal and state governments if it's beneficial for the surrounding communities.
Section § 67846
This law requires the board to actively seek out federal funding to help with transferring, cleaning up, and repurposing a local military base. The funding should cover costs for public facilities and encourage private business and public university development on the base. The board can also seek federal and state funds to help with its operating expenses.
Section § 67847
This section allows the board to take any actions that help quickly and effectively convert a military base into civilian use. The goal is to maximize benefits for local communities and the entire state.
Section § 67848
This section suggests that the board should prioritize working with and funding the California Conservation Corps for environmental projects. These projects can include activities like cleaning up low hazardous toxic materials.
The law emphasizes the value of involving the California Conservation Corps due to its training and cost-effectiveness, which can benefit local communities by offering employment and development opportunities for young adults. However, the board is also free to utilize local community residents for these projects whenever possible.