Land Use Planning Around Military Installations
California Government Code §65302 requires cities and counties, when preparing the land use element of their comprehensive plans, to consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
County Conveying Land to Military
Chapter 69 of 2010 repeals CA Govt. Code §25420-2543, the authorization of the board of supervisors of a county, to acquire by eminent domain, and convey lands to the United States for any military purpose authorized by any law of the United States.
Enhanced Planning Communication and Notification
California Public Resources Code §21098, relating to the California Environmental Quality Act (CEQA), requires a notice to be provided to the military of projects within two miles of a military installation. The military must notify the lead agency regarding specific boundaries of a low-level flight path, military impact zone, or special use airspace. The military will receive notice if the project is within those boundaries and if: (1) the project includes a general plan amendment; (2) the project is of statewide, regional, or area-wide significance; or (3) the project is required to be referred to the airport land use commission, or appropriately designated body.
California Government Code §65352 establishes that, prior to action by a legislative body to adopt or substantially amend a general plan, the planning agency shall refer the proposed action to the branches of the United States Armed Forces that have provided the Office of Planning and Research with a California mailing address when the proposed action is within 1,000 feet of a military installation, or lies within special use airspace, or beneath a low-level flight path, provided that the United States Department of Defense provides electronic maps of low-level flight paths, special use airspace, and military installations at a scale and in an electronic format that is acceptable to the Office of Planning and Research.
Under California Government Code §65940, state and local agencies shall require applicants to identify if a proposed project is within 1,000 feet of a military installation, or lies within special use airspace, or beneath a low-level flight path or within special use airspace and within an urbanized area. After a public agency accepts an application as complete, and if the project applicant has identified that the proposed project is located within 1,000 feet of a military installation or within special use airspace or beneath a low-level flight path, the public agency shall provide a copy of the complete application to any branch of the United States Armed Forces that has provided the Office of Planning and Research with a single California mailing address within the state for the delivery of a copy of these applications. Upon receipt of a copy of the application, any branch of the United States Armed Forces may request consultation with the public agency and the project applicant to discuss the effects of the proposed project on military installations, low-level flight paths, or special use airspace, and potential alternatives and mitigation measures.
Under California Government Code §65040.7, state agencies identified by the Office of Planning and research that implement energy and environmental laws are required to consider the Department of Defense’s energy security goals and opportunities to leverage funding authorities to advance clean energy innovation and mitigate climate chance risks. The law is in response to SB 1409 – Pavley (D), which was passed in 2012.
Oakland Army Base
Chapter 664 of 2005 (S.B. 674) granted the state’s sovereign interest in certain trust lands within the former Oakland Army Base, and in other lands comprising the Oakland Army Base redevelopment property, to the Oakland Base Reuse Authority. The intent of the Act was “to resolve public trust title uncertainties in the lands comprising the Oakland Army Base redevelopment property, and to facilitate the productive reuse of those lands in a manner that will further the purposes of the trust.”
California Marine Life Protection Act
California Fish and Game Code §2850-2863 (A.B. 993 of 1999) requires the Fish and Game Commission to "adopt a master plan that guides the adoption and implementation of the Marine Life Protection Program…and decisions regarding the siting of new MPAs and major modifications of existing MPAs." The Fish and Game Department is to ensure that the master plan is completed. Additionally, the Department "shall confer with the United States Navy regarding issues related to its activities."
Wind Energy Coordination within the R-2508 Complex
California Government Code §65892.13 (11) (S.B. 1989 of 2002) requires a local agency to forward a copy of an application to install a small wind energy system within the restricted airspace of "R-2515" to the governing authority of that airspace. This requirement is only applicable if the R-2515 governing authority has first filed a "detailed diagram of that restricted airspace." The local agency shall consider written comments provided by the R-2515 governing authority before acting on such applications.
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002
California Public Resources Code §5096.10(d) (Proposition 40, 2002) authorizes the issuance of bonds for "acquisition, restoration, preservation, and interpretation of California's historical and cultural resources." The Resources Agency December 2003 publication, "Summary of Programs in Proposition 40" states that eligible recipients include "public agencies, nonprofits and tribal organizations" and one of the categories for an eligible project to preserve and demonstrate "…military history, including the industries, technologies, and commercial activities that have characterized California's economic expansion and California's contribution to national defense."
Water Quality, Safety and Supply. Flood Control. Natural Resource Protection. Park Improvements. Bonds. Initiative of 2006
In November 2006, Californians approved the “Water Quality, Safety and Supply, Flood Control, Natural Resource Protection, Park Improvements, Bonds, Initiative,” also known as Proposition 84, with approximately 54% of the vote. The initiative authorizes the state to sell $5.4 billion in general obligation bonds for water and natural resource maintenance and improvements.
Land Conservation Act
The California Land Conservation Act (Government Code §51200 et seq.), also referred to as the Williamson Act, enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use. In return, landowners receive property tax assessments which are much lower than normal because they are based upon farming and open space uses as opposed to full market value.
Wildlife Protection Act of 1990
The Wildlife Protection Act (Proposition 117) was approved by the voters in 1990. The act created the Habitat Conservation Fund, which uses funds from the state’s cigarette tax to provide $30 million, over a 30-year period, for the acquisition and restoration of wetland, stream, and riparian habitat.
Natural Heritage Preservation Tax Credit Act of 2000
Under the Natural Heritage Preservation Tax Credit Act of 2000, tax credits are provided to private landowners who donate “qualified land,” fee title or conservation easement, water or water rights to state resource departments, local government entities and designated non-profit organizations for conservation purposes.
Farmland Conservancy Program
The California Farmland Conservancy program (Public Resources Code §10200 et seq.), or CFCP, is a state-wide grant funding program that supports local efforts to establish agricultural conservation easements and planning projects for the purpose of preserving important agricultural land resources. The CFCP provides grants to local governments and qualified non-profit organizations for the following purposes:
- Voluntary acquisition of conservation easements on agricultural lands that are under pressure of being converted to non-agricultural uses;
- Temporary purchase of agricultural lands that are under pressure of being converted to non-agricultural uses,
- As a phase in the process of placing agricultural conservation easements on farmland;
- Agricultural land conservation policy and planning projects; and
- Restoration of and improvements to agricultural land already under easement.
California Forest Legacy Program
In 2000, former Governor Gray Davis signed into law S.B. 1832, the California Forest Legacy Act to create the Forest Legacy program under the jurisdiction of the Department of Forestry and Fire Protection. The program is intended to identify and protect environmentally important forestlands that are threatened by present or future conversion to non-forest uses by either purchasing the land or purchasing the development rights through deed restrictions such as a conservation easement. While the state had participated in the program since 1995, the Department had only been able to encourage donations of conservation easements whereas the 2000 legislation authorized the Department to acquire such easements. Money to fund the program comes from a variety of sources, including gifts, donations, federal grants and loans, other appropriate funding sources, and from the sale of bonds pursuant to the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000.
Open Space Easement Act
The Open Space Easement Act of 1974 (Government Code §51070 et seq.) authorizes local governments to acquire open space easements. The Act specifies that land must remain within an easement in perpetuity or, alternatively, for at least 10 years. An easement's term is automatically extended each year by an additional 12 months. Under certain circumstances, open space easements may be abandoned. A city or county must have an adopted open space plan as a prerequisite to acquiring an open space easement. Furthermore, the preserving of easement land in open space must be consistent with the local jurisdiction's general plan.
Conservation Easement Act
The Conservation Easement Act (Civil Code §815 et seq.) enables a city, county, district, or non-profit organization to acquire perpetual easements for the conservation of agricultural land and open space, or for historic preservation.
Renewable Energy Executive Order S-14-08
In 2008, Governor Arnold Schwarzenegger issues Executive Order S-14-08, which will increase the state’s renewable energy portfolio by 33% and requires the development of a conservation plan in the Mambe desert. In addition, the EO called for the creation of a new division within the Department of Fish and Game (DFG) that will work cooperatively with the California Energy Commission in the form of a “Renewable Energy Action Team” (REAT). The main purpose of the REAT is to create a streamlined process for renewable energy permitting. The REAT will also work closely with the Bureau of Land Management and the U.S. Fish and Wildlife Service to streamline the permitting process and reduce impacts from renewable energy projects on federal lands. Dozens of new wind and solar energy facilities have been proposed on both private and federal land, making the EO a very timely proclamation that will speed up the permitting process for much needed green energy sources.
To jump start Natural Communities Conservation Plans (NCCPs) under the EO, the REAT will initiate the Desert Renewable Energy Conservation Plan in the priority Mojave and Colorado Desert regions and identify other preferred areas that will benefit from a streamlined permitting and environmental review process. This will dramatically reduce the time and uncertainty normally associated with building new renewable projects.
The Desert Renewable Energy Conservation Plan
- Identify geographic areas designated for RPS project development
- Identify areas for conservation and species management and enhancement
- Focused on the Mojave and Colorado Desert regions
- Goal is to coordinate and consider desert land uses and activities during the planning process
Renewable Energy Executive Order S-21-09
Governor Arnold Schwarzenegger issued Executive Order S-21-09 on September 15, 2009. The order directs the California Air Resources Board (CARB) to adopt regulations increasing California’s Renewable Portfolio Standard (RPS) to 33 percent by 2020. The Governor’s order places the highest priority on renewable resources that will provide the greatest environmental benefits that can be developed quickly and support reliable, efficient and cost-effective electricity system operations including resources and facilities located throughout the Western Interconnection. Working with the Public Utilities Commission (PUC), the Independent System Operator (ISO) and the California Energy Commission (CEC), CARB must adopt these regulations by July 31, 2010.
The order requests that the PUC and the CEC provide advice and assistance to, and cooperate with, the ARB in its consideration and implementation of a regulation to reduce greenhouse gas emissions through the creation and use of renewable energy sources. The order further states that the ARB shall establish the highest priority for those resources that provide the greatest environmental benefits with the least environmental costs and impacts on public health that can be developed most quickly and that support reliable, efficient, cost-effective electricity system operations including resources and facilities located throughout the Western Interconnection.
California Water Code §10608.26 require an urban retail water supplier that supplies water to the military installation, for the purpose of preparing that implementation plan, to consider the conservation of that military installation under federal Executive Order 13514.
Real Estate Disclosure Requirements
The Department of Real Estate, under Civil Code §1102.15, requires the “Disclosure of Former Ordnance Locations” for residential real property. For purposes of this section, “former federal or state ordnance locations” means an area identified by an agency or instrumentality of the federal or state government as an area once used for military training purposes which may contain potentially explosive munitions.
2006 Governor’s Advisor of Military Affairs and Military Council
By Executive Order in October 2006, Governor Arnold Schwarzenegger created the position of Governor’s Advisor of Military Affairs. The Advisor is tasked with coordinating the development of state policies that are crucial to the military, such as:
- Land use planning to ensure sustainability of defense activities in California;
- Development of legislation that supports the California - DOD relationship;
- Work with the defense agencies to address regulatory activities by state agencies that affect the sustainability of defense operations in California;
- Work with relevant agency secretaries and department directors to identify critical staff in the Administration to further facilitate cooperation between the state and military;
- Work closely with representatives of the armed forces regarding issues of importance to the men and women in the military and their families living in California;
- Serve as the Administration’s lead advocate on state and federal policy impacting the armed forces based in California.
The Governor’s Advisor of Military Affairs is located within the Governor’s Office of Planning and Research for administrative purposes.
Additionally, the Governor’s Advisory Council on Military Affairs was established to “coordinate and communicate state and federal policy impacting California's relationship with the U.S. Military, including personnel and their families.” The Council would consist of the Governor, the Adjutant General of the California National Guard and representatives from the U.S. Marines, Army, Navy, Air Force and Coast Guard. The Advisory Council was not established through any executive order.
The Governor’s Advisory Council from 2006 has been replaced by the 2013 Military Council.
2013 Governor’s Military Council
Governor Jerry Brown announced the establishment of the Governor’s Military Council on March 28, 2013. The Military Council was established to enable California to maintain and grow its military operations in the state.
State Contact Information
Military Liaison POC
Mr. Ken Alex, Director
Governor’s Office of Planning and Research
P.O. Box 3044
Sacramento, California 95812-3044
Governor’s Office of Planning and Research
Governor’s Military Advisor
Governor’s Office of Planning and Research
State Military Council POC
David S. Baldwin, Adjutant General
California National Guard
P. O. Box 269101
9800 Goethe Road
Sacramento, California 95826-9101
(916) 854-3671 fax
Major Darren Bender
California National Guard
9800 Goethe Road, Box 42
Sacramento, California 95826-9101
(916) 854-3189 (or 3705)
Legislative Process Regarding Military POCs
Legislation addressing military base issues is referred to various committees; however, the Senate and Assembly Committees on Veterans Affairs are the committees of primary jurisdiction over state military affairs issues. The Assembly Subcommittee on Base Closure and Redevelopment, a subcommittee of the Assembly Committee on Veterans Affairs, sees legislation relating to military bases and BRAC.
Committees of Primary Jurisdiction/Legislative Contact
Assembly Committee on Veterans Affairs
Assembly Member Sharon Quirk-Silva, Chair
State Capitol, P.O. Box 942849
Sacramento, California 94249-0079
(916) 319-2179 fax
Assembly Committee Staff:
Mr. John Spangler, Chief Consultant
(916) 319-2165 fax
Senate Committee on Veterans Affairs
Senator Ben Hueso, Chair
State Capitol, Room #5052
Sacramento, California 95814
Senate Committee Staff:
Mr. Wade Teasdale, Consultant
Ms. Cindy Baldwin, Assistant
1020 N Street, Room 251
Sacramento, California 94249