Section § 1450

Explanation

This section defines key terms for understanding the chapter related to the California Central Coast State Veterans Cemetery at Fort Ord. It specifies the roles of different funds, like the Endowment Fund for funding non-reimbursable costs and the Operations Fund for ongoing maintenance expenses. The 'Department' refers to the Department of Veterans Affairs, responsible for various costs tied to planning, designing, and constructing the cemetery. It also clarifies the various phases of capital projects, such as studies and construction, and the costs associated with operating and maintaining the cemetery, including personnel and service coordination.

For purposes of this chapter, the following definitions apply:
(a)CA Military and Veterans Code § 1450(a) “Department” means the Department of Veterans Affairs.
(b)CA Military and Veterans Code § 1450(b) “Endowment Fund” means the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund.
(c)CA Military and Veterans Code § 1450(c) “Nonreimbursable costs of design and construction” means the costs of planning, design, and construction of the California Central Coast State Veterans Cemetery at Fort Ord that are not reimbursable from the moneys received from the State Veterans Cemetery Grant Program as allowable costs as established by the United States Department of Veterans Affairs State Veterans Cemetery Grant Program.
(d)CA Military and Veterans Code § 1450(d) “Operations and maintenance costs” means costs incurred by the department for the operations and maintenance of the veterans cemetery including, but not limited to, personnel costs, the opening and closing of graves, the interment of remains, committal service coordination, grounds keeping, landscaping, general maintenance, and janitorial services.
(e)CA Military and Veterans Code § 1450(e) “Operations Fund” means the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund.
(f)CA Military and Veterans Code § 1450(f) “Phases” means the usual phases of a capital outlay project, and includes studies, preliminary plans, working drawings, including documents necessary to put the construction phase out to bid, and construction.
(g)CA Military and Veterans Code § 1450(g) “Veterans cemetery” means the California Central Coast State Veterans Cemetery at Fort Ord.

Section § 1450.1

Explanation

This law mandates that the California department, in voluntary partnership with local authorities, will design, develop, and build a state-operated veterans cemetery at the former Fort Ord site. The department will manage all aspects of the cemetery's creation, ensuring that its design aligns with the established Master Plan. Additionally, the department can collaborate directly with the Fort Ord Reuse Authority to manage the project solely focused on the cemetery's public works.

(a)CA Military and Veterans Code § 1450.1(a) Pursuant to this chapter, the department, in voluntary cooperation with the Board of Supervisors of the County of Monterey, the City of Seaside, the Fort Ord Reuse Authority, and surrounding counties, cities, and local agencies, shall design, develop, and construct the state-owned and state-operated veterans cemetery, which shall be located on the site of the former Fort Ord.
(b)CA Military and Veterans Code § 1450.1(b) The department shall oversee and coordinate the design, development, construction, and equipping of the veterans cemetery.
(c)CA Military and Veterans Code § 1450.1(c) It is the intent of the Legislature that the design of the veterans cemetery closely follows the concepts published in the California Central Coast Veterans Cemetery Fort Ord Development Master Plan as prepared for the Monterey County Redevelopment Agency.
(d)CA Military and Veterans Code § 1450.1(d) Notwithstanding Section 10107 of the Public Contract Code, and as authorized by Section 67679 of the Government Code, in fulfilling the requirements of subdivision (a), the department may enter into an agreement with the Fort Ord Reuse Authority for the project under subdivision (a) to be under the sole charge and direct control of the veterans cemetery public works project.

Section § 1450.2

Explanation

This law requires the Secretary of the California Department of Veterans Affairs to create an advisory committee for the California Central Coast Veterans Cemetery. The committee includes a representative from Monterey County, one from the City of Seaside, three from local veterans' organizations, and at least two department members.

The department must consult with the advisory committee on major design changes to the cemetery, especially since the Endowment Fund supporting it relies heavily on private and local contributions.

(a)CA Military and Veterans Code § 1450.2(a) The Secretary of the California Department of Veterans Affairs shall establish the California Central Coast Veterans Cemetery Advisory Committee that consists of the following persons appointed by the secretary:
(1)CA Military and Veterans Code § 1450.2(a)(1) One representative from the County of Monterey, nominated by the Board of Supervisors of the County of Monterey.
(2)CA Military and Veterans Code § 1450.2(a)(2) One representative from the City of Seaside, nominated by the City Council of the City of Seaside.
(3)CA Military and Veterans Code § 1450.2(a)(3) Three representatives from local veterans’ service organizations, appointed by the secretary.
(4)CA Military and Veterans Code § 1450.2(a)(4) At least two members from the department.
(b)CA Military and Veterans Code § 1450.2(b) In recognition of the fact that the Endowment Fund will be made up largely of private and local funds, the department shall seek the advice of the Advisory Committee when considering significant changes in the design of the veterans cemetery.

Section § 1451

Explanation

This section establishes the California Central Coast State Veterans Cemetery Endowment Fund to cover costs related to the cemetery. Money in this fund, coming from donations or other specified sources, will be used for expenses like design, construction, and ongoing operations for the next ten years. The fund can also invest to help cover these costs, ensuring that any earnings stay within the fund. The money is exempt from certain state financial requirements. If the cemetery receives more revenue than it needs, the extra funds will go back into this endowment.

(a)CA Military and Veterans Code § 1451(a) The California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund is hereby created in the State Treasury. Moneys in the Endowment Fund shall be allocated, upon appropriation by the Legislature, to the department for the nonreimbursable costs of design and construction and the annual operations and maintenance costs of the veterans cemetery for the next 10 years.
(b)CA Military and Veterans Code § 1451(b) Moneys in the fund may be invested to generate earnings to offset annual operations and maintenance costs associated with the veterans cemetery.
(c)Copy CA Military and Veterans Code § 1451(c)
(1)Copy CA Military and Veterans Code § 1451(c)(1) The Endowment Fund may consist of donations from public and private entities, partnerships between public and private entities, fees, cash advances, and transfers from the state General Fund as may be specified by law.
(2)CA Military and Veterans Code § 1451(c)(2) The department may enter into any financial agreement to receive cash advances in the Endowment Fund, provided that the agreement does not require the state to repay or make payments on cash advances and the agreement is reviewed and approved by the Department of Finance.
(d)CA Military and Veterans Code § 1451(d) To the extent possible, donations made in-kind to the Endowment Fund shall be monetized so as to offset the ongoing operations and maintenance costs under Sections 1452 and 1453.
(e)CA Military and Veterans Code § 1451(e) Earnings generated by the Endowment Fund shall be retained by the fund.
(f)CA Military and Veterans Code § 1451(f) Moneys deposited in the Endowment Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of the Government Code.
(g)CA Military and Veterans Code § 1451(g) Moneys in the Endowment Fund shall be invested by the Treasurer, after consultation with the department, in a manner that best meets the goals of the fund.
(h)CA Military and Veterans Code § 1451(h) If, through changes in state or federal law, additional revenues are identified for the operations and maintenance of the cemetery, including increases in federal burial allowances, so that the amount of annual revenue exceeds the annual operations and maintenance costs, the excess revenues shall be deposited in the Endowment Fund.

Section § 1453

Explanation

This law involves the financial and procedural steps California must take to secure a grant from the United States Department of Veterans Affairs for a State Veterans Cemetery. First, money from the Endowment Fund, once approved by the Legislature, will be moved to the Operations Fund to cover costs of developing the grant application and completing preliminary plans. The Director of Finance must verify there's enough funding for these phases.

The Secretary of Veterans Affairs will represent California in the grant application process and has final say on the cemetery's design and operation. Once funds are transferred and the grant is certified, the department may start construction and outfitting the cemetery.

(a)Copy CA Military and Veterans Code § 1453(a)
(1)Copy CA Military and Veterans Code § 1453(a)(1) The Controller, upon appropriation by the Legislature, shall transfer moneys from the Endowment Fund to the Operations Fund in an amount equal to the estimated costs of developing and submitting a State Veterans Cemetery Grant Program application to the United States Department of Veterans Affairs.
(2)CA Military and Veterans Code § 1453(a)(2) The Controller, upon appropriation by the Legislature, shall transfer funds from the Endowment Fund to the Operations Fund in an amount at least equal to the estimated costs to complete preliminary plans and working drawings. Transfers shall be made only when sufficient funds, as determined by the Director of Finance, exist to fully accomplish each of these project phases.
(b)Copy CA Military and Veterans Code § 1453(b)
(1)Copy CA Military and Veterans Code § 1453(b)(1) The Secretary of Veterans Affairs is authorized to act as the official representative of the state in connection with the State Veterans Cemetery Grant Program application, including providing the United States Department of Veterans Affairs throughout the application process with all necessary assurances that additional information shall be provided when required. The Secretary of Veterans Affairs shall have final approval of all aspects of the cemetery design and operation.
(2)CA Military and Veterans Code § 1453(b)(2) Upon transfer of funds pursuant to paragraphs (1) and (2) of subdivision (a), the department is authorized to proceed with all activities necessary to support the submission of the State Veterans Cemetery Grant Program application.
(3)CA Military and Veterans Code § 1453(b)(3) Upon the United States Department of Veterans Affairs’ certification of the grant award, the department is authorized to proceed with construction and equipping of the veterans cemetery.

Section § 1454

Explanation

This law changes the name of the fund dedicated to the Central Coast Veterans Cemetery to the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund. It specifies that money can be moved from another fund, called the Endowment Fund, to pay for yearly operation and maintenance costs of the cemetery, subject to approval by the Legislature.

Additionally, up to 20% of the allocated funds must be kept as a reserve for unexpected costs. This reserve is for expenses that couldn’t have been anticipated when the estimated costs were initially prepared.

(a)CA Military and Veterans Code § 1454(a) The Central Coast Veterans Cemetery Master Development Fund is hereby renamed the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund. Moneys in the Operations Fund may be transferred, upon appropriation by the Legislature, from the Endowment Fund to the Operations Fund for expenditure by the department, solely for the annual operations and maintenance costs of the veterans cemetery.
(b)Copy CA Military and Veterans Code § 1454(b)
(1)Copy CA Military and Veterans Code § 1454(b)(1) The Controller shall reserve an amount, not to exceed 20 percent of the amount allocated pursuant to subdivision (a), in the Operations Fund, which shall be used solely as a reserve for unforeseen operations and maintenance costs.
(2)CA Military and Veterans Code § 1454(b)(2) For purposes of this subdivision, “unforeseen operations and maintenance costs” means any costs that could not have been reasonably anticipated by the department when preparing its estimate of annual operations and maintenance costs and that are needed to carry out the purposes of this chapter.

Section § 1455

Explanation

This law requires the department to establish rules about who can be buried in state veterans cemeteries after applying for the State Veterans Cemetery Grant Program. It includes setting fees for burying or disinterring the remains of veterans, their spouses, and dependent children. Only honorably discharged veterans and their immediate families are eligible for these services. These collected fees are to be placed into a specific fund. The rules must apply to all state-run veterans cemeteries for consistent fair treatment across California.

(a)CA Military and Veterans Code § 1455(a) Subsequent to the department’s submission of the State Veterans Cemetery Grant Program application, pursuant to Section 1453, the department shall adopt regulations to specify the eligibility requirements for interment, the appropriate fees to be charged for interment or burial of spouses and dependent children of honorably discharged veterans, and appropriate fees for the disinterment of remains.
(b)CA Military and Veterans Code § 1455(b) Those eligible for interment are all honorably discharged veterans and their spouses and dependent children.
(c)CA Military and Veterans Code § 1455(c) All fees received pursuant to subdivision (a) shall be deposited in the Endowment Fund created pursuant to Section 1451.
(d)CA Military and Veterans Code § 1455(d) Regulations adopted pursuant to this section shall also be applicable to all state-operated veterans cemeteries in order to ensure consistent and equitable treatment of all veterans and their families throughout the state.

Section § 1456

Explanation

This law outlines the process for adding monuments or memorials to a veterans cemetery in California. Any proposal for constructing, placing, or donating such items must first be reviewed by the California Central Coast Veterans Cemetery Advisory Committee. After review, the proposal needs approval from the Secretary of Veterans Affairs. Additionally, the department will set rules about how designs and placements are handled. If the Endowment Fund has extra money beyond what's needed for the cemetery's regular upkeep, it can be used to create new monuments, with the Legislature's approval.

(a)CA Military and Veterans Code § 1456(a) Proposals for the construction, placement, or donation of monuments or memorials, excluding headstones, and other amenities to the veterans cemetery shall be subject to review by the California Central Coast Veterans Cemetery Advisory Committee.
(b)CA Military and Veterans Code § 1456(b) All proposals for the construction, placement, or donation of monuments, memorials, and amenities to the veterans cemetery shall be subject to the approval of the Secretary of Veterans Affairs.
(c)CA Military and Veterans Code § 1456(c) The department shall adopt regulations for the policies and procedures to be followed with respect to the design, placement, and approval of monuments and memorials proposed to be placed on veterans cemetery grounds.
(d)CA Military and Veterans Code § 1456(d) Endowment Fund balances exceeding that determined to be sufficient to meet annual operations and maintenance costs, as determined pursuant to Section 1453, may be expended, upon appropriation by the Legislature, for the purpose of establishing monuments, memorials, and amenities.

Section § 1457

Explanation

This law allows the veterans cemetery administrator to accept donations of personal property, like money or gifts, to upkeep or improve the veterans cemetery, but they need approval from the Secretary of Veterans Affairs first.

When donations are in cash, they go into the Endowment Fund, which can be used for repairs or specific projects at the cemetery that the donor chooses, but only after the Legislature approves how the money is used.

(a)CA Military and Veterans Code § 1457(a) Notwithstanding Section 11005 of the Government Code, the veterans cemetery administrator may, subject to the approval of the Secretary of Veterans Affairs, accept donations of personal property, including cash or other gifts, to be used for the maintenance or beautification of the veterans cemetery.
(b)CA Military and Veterans Code § 1457(b) Donations in the form of cash shall be deposited in the Endowment Fund and shall be expended for the maintenance and repair of the veterans cemetery or for a specified veterans cemetery maintenance or beautification project designated by the donor, upon appropriation by the Legislature.