Article 2. Armories of California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 8. >> Article 2.
As used in this article, "armory" means and includes any
building or portion thereof, rifle range, camp site, airport,
arsenal, vessel, quarters, accommodations, or training facilities
devoted to the use of the militia.
(a) The Adjutant General may, either directly or through
armory boards, or through subordinate commanders, lease or otherwise
authorize the use of, by any person for any lawful purpose, manage,
supervise all activities in, perform all necessary military duties
with respect to and control all armories that are built or acquired
by the state, that come into possession or control of the state, or
that are erected, purchased, leased, or provided or contributed to,
in whole or in part, by any city, county, political subdivision, or
district, or by anyone, for armory purposes.
(b) The Adjutant General may contract with the United States for
the operation of any armory for purposes of training of federal
military personnel, with provision that all state costs related to
that operation shall be reimbursed by the United States.
(c) All revenues or income from any armory shall be paid to the
Adjutant General who shall account for the revenues or income to the
Controller at the close of each month in the form that the Controller
prescribes and shall deposit the revenues and income into the
Treasury to the credit of the Armory Discretionary Improvement
Account, which is hereby created, in the General Fund. The revenues
and income in the account shall be available, when appropriated, to
the Adjutant General, for allocation for the maintenance, repairs,
improvements, and operating expenses necessary or desirable for
increased or improved community utilization of the facilities of the
armory from which the revenues and income were derived.
For the control and management of the armories, the Adjutant
General may cause to be established from the personnel of the
organized militia armory boards, the personnel of which shall serve
without pay. Such boards, subject to the direction of the Adjutant
General, shall control, manage, and supervise all activities in
armories and may rent to or otherwise authorize the use of such
armories by persons and organizations including those not connected
with the National Guard and Naval Militia. Such boards shall remit
all revenues therefrom at least once each month to the Adjutant
General who shall account for and deposit such revenues pursuant to
The Adjutant General may lease on behalf of the State armories
necessary for the use of the militia.
All state armories may be used for emergency purposes on
such terms and conditions as shall be mutually agreeable to the
Military Department and the Office of Emergency Services.
(a) The Adjutant General, under the direction of the Governor,
shall make and enforce regulations for the government and control of
armories. Where appropriations have been made therefor, the Adjutant
General may purchase, receive by donation, or otherwise acquire or
lease real estate for armory or storage purposes. Where
appropriations have been made therefor, the Adjutant General may
construct and build armories, buildings, structures, and facilities
required for the use of the Adjutant General and the military forces
of this state.
(b) Notwithstanding any other provision of law, the Adjutant
General may cooperate and contract with authorized representatives of
the United States government in carrying out the provisions of this
section, if the Adjutant General determines that it is in the best
interest of the state. In determining if this course of action is in
the best interest of the state, the Adjutant General shall make
findings in writing, and shall consider all of the following
(1) The contracting method selected results in the least cost to
(2) The contracting method selected assures that any contracts
requiring federal funds are awarded in the same federal fiscal year
of appropriation by Congress.
(3) The contracting method selected will result in full compliance
with federal military construction standards.
(4) The contracting method selected will ensure full compliance
with all state building codes.
(c) In carrying out the provisions of subdivision (b), the
Adjutant General shall do both of the following:
(1) Coordinate with the Department of General Services to utilize
the department for any project that uses state matching funds.
(2) Submit to the Department of General Services a written annual
summary of the findings required by subdivision (b).
(d) For any project using 100 percent state funds and built
entirely on state owned land, the Adjutant General shall indicate to
the Department of General Services that the construction project is
being constructed in accordance with the California Building
Standards Code set forth in Title 24 of the California Code of
(a) The Director of General Services, with the approval of the
Adjutant General, may lease for not more than 99 years or sell for
fair market value upon terms and conditions and subject to any
reservations and exceptions as may be determined to be in the best
interests of the state any real property held for armory purposes.
Real property shall not be sold or leased pursuant to this
subdivision unless the Legislature, by statute, approves the sale or
lease of the property.
(b) There is in the State Treasury the Armory Fund. All net
proceeds from the sale or lease of an armory shall be deposited in
the fund. The money in the fund is available, upon appropriation by
the Legislature, for the maintenance of existing armories, and for
the acquisition or construction of new or replacement armories,
including, but not limited to, the cost of design. The disposition of
armory properties is not subject to subdivision (g) of Section 11011
of the Government Code.
(c) For the purposes of this section, "net proceeds" are the gross
(1) Outstanding reimbursements due to the Property Acquisition Law
Money Account for costs incurred by the Department of General
Services in selling an armory property.
(2) All costs directly related to the disposition of an armory,
including, but not limited to, all costs and expenses incurred by the
Department of General Services, as specified in subdivision (d).
(d) Notwithstanding subdivision (b), the Department of General
Services shall, upon appropriation by the Legislature, use funds from
the Property Acquisition Law Money Account for the purposes of
selling armory properties. The Director of Finance may approve loans
from the General Fund to the Property Acquisition Law Money Account.
(e) The sale of an armory shall be made on an "as is" basis and is
exempt from Division 13 (commencing with Section 21100) of the
Public Resources Code. Upon vesting title of the armory to the
purchaser or transferee of the armory, the purchaser or transferee
shall be subject to any local governmental land use entitlement
requirements and to Division 13 (commencing with Section 21100) of
the Public Resources Code.
The Adjutant General may receive by donation or dedication any
property which may be used for armory purposes.
The Adjutant General, in the name of the people of the State
of California, with the approval of the Department of General
Services, may acquire any property necessary for armory purposes.
(a) The Adjutant General may appoint a Community Advisory
Committee to advise the Adjutant General on matters involving the
role and function of California National Guard members and facilities
in communities around the state.
(b) If the advisory committee is appointed pursuant to subdivision
(a), the Adjutant General shall determine the number of members to
be appointed to the committee, which shall include representation
from cities and counties and organizations or associations which
represent the interests of homeless persons. The members of the
committee shall serve without compensation.
(c) The committee may advise the Adjutant General on issues
including, but not limited to, the use of the California National
Guard armories as shelters for the homeless. It is not the function
of the committee to advise the Adjutant General on matters pertaining
to the California National Guard which do not directly impact local
Any city, city and county or county may acquire, provide, and
maintain buildings, halls, meeting places, and supply stations for
the use of the United States Department of the Army, the United
States Department of the Navy, the United States Department of the
Air Force, the California National Guard, and for such purposes the
governing body of the city, or city and county, and the board of
supervisors of any county may:
(a) Purchase, receive by donation, donate, dedicate, condemn,
lease for the use of the Adjutant General for a term not to exceed 99
years or as provided in Section 37392 of the Government Code, or
acquire real or personal property, with or without improvements, and
erect such buildings, halls, meeting places, and supply stations
(b) Purchase, construct, lease for the use of the Adjutant General
for a term not to exceed 99 years or as provided in Section 37392 of
the Government Code, furnish, or repair such buildings, and property
and provide for the proper maintenance and management thereof.
(c) Enter into agreements on behalf of the city, city and county,
or county with the Secretary of the Department of the Army, Secretary
of the Department of the Air Force, and the Secretary of the
Department of the Navy of the United States, and the Adjutant General
of the State of California for the use and occupancy of such
buildings, including any buildings constructed as memorials or for
(d) Establish a fund for the purposes hereof, levy a special tax
for such purposes, and incur in the manner provided by law a bonded
indebtedness on behalf of the city, city and county or the county for
any of the purposes of this section.
(a) The Legislature hereby finds and declares that the
Military Department is unable to perform its security, emergency
response, and social and community missions due to deficiencies in
the physical condition and suitability of some of its armories, and
according to a 2006 Bureau of State Audit report, at least 87 percent
of the 109 armories in California are in need of improvement.
(b) It is the intent of the Legislature to ensure that the
Military Department has adequate facilities to perform its security,
emergency response, and social and community missions.
(c) The Military Department shall, on or before April 1, 2008, and
each year thereafter, submit a report to the Legislature on the
status of all California armories. For each armory, the report shall
(1) The location of the armory.
(2) The utilization of the facilities of the armory for military
missions, emergency response, and community and social services.
(3) The physical condition of the facilities of the armory for its
current missions and uses.
(4) Any identified improvement, renovation, and modernization
projects for the facilities of the armory, and the total estimated
costs to complete these projects.
(5) The status of recent improvements undertaken at the facilities
of the armory.
(6) An 18-month projection of all work and improvements that will
be completed on the facilities of the armory.
(7) The projected workload and staffing necessary for the
maintenance, repairs, improvements, and operating expenses of the
facilities of the armory.