SECTIONS 1450-1457

1450.  For purposes of this chapter, the following definitionsapply: (a) "Administrative and oversight costs" means costs incurred bythe department for the maintenance of the veterans cemeteryincluding, but not limited to, personnel costs, the opening andclosing of graves, the interment of remains, committal servicecoordination, grounds keeping, landscaping, general maintenance, andjanitorial services. (b) "Department" means the Department of Veterans Affairs. (c) "Endowment Fund" means the California Central Coast StateVeterans Cemetery at Fort Ord Endowment Fund. (d) "Operations Fund" means the California Central Coast StateVeterans Cemetery at Fort Ord Operations Fund. (e) "Phases" means the usual phases of a capital outlay project,and includes studies, preliminary plans, working drawings, includingdocuments necessary to put the construction phase out to bid, andconstruction. (f) "Veterans cemetery" means the California Central Coast StateVeterans Cemetery at Fort Ord.1450.1.  (a) Pursuant to this chapter, the department, in voluntarycooperation with the Board of Supervisors of the County of Monterey,the City of Seaside, the Fort Ord Reuse Authority, and surroundingcounties, cities, and local agencies, shall design, develop, andconstruct the state-owned and state-operated veterans cemetery, whichshall be located on the site of the former Fort Ord. (b) The department shall oversee and coordinate the design,development, construction, and equipping of the veterans cemetery. (c) It is the intent of the Legislature that the design of theveterans cemetery closely follows the concepts published in theCalifornia Central Coast Veterans Cemetery Fort Ord DevelopmentMaster Plan as prepared for the Monterey County Redevelopment Agency.1450.2.  (a) The Secretary of the California Department of VeteransAffairs shall establish the California Central Coast VeteransCemetery Advisory Committee that consists of the following personsappointed by the secretary: (1) One representative from the County of Monterey, nominated bythe Board of Supervisors of the County of Monterey. (2) One representative from the City of Seaside, nominated by theCity Council of the City of Seaside. (3) One representative from the Fort Ord Reuse Authority,nominated by the board of directors of the Fort Ord Reuse Authority. (4) Two members from the Fort Ord Veterans Cemetery CitizensAdvisory Committee, nominated by that committee. (5) At least two members from the department. (b) In recognition of the fact that the Endowment Fund will bemade up largely of private and local funds, the department shall seekthe advice of the Advisory Committee when considering significantchanges in the design of the veterans cemetery.1451.  (a) The California Central Coast State Veterans Cemetery atFort Ord Endowment Fund is hereby created in the State Treasury.Moneys in the Endowment Fund shall be allocated, upon appropriationby the Legislature, to the department for the annual administrativeand oversight costs of the veterans cemetery, pursuant to Sections1453 and 1454, and to generate funding through interest for theveterans cemetery. (b) (1) Moneys in the fund shall first be invested with the goalof achieving capital appreciation to create a balance sufficient togenerate ongoing earnings to cover the estimated annual oversight andmaintenance costs associated with the veterans cemetery pursuant toSection 1453. (2) Upon the determination of the Controller that the EndowmentFund balance has attained the goal established in paragraph (1),moneys in the fund shall be invested to generate earnings to fundannual oversight and maintenance costs associated with the veteranscemetery. (c) The Endowment Fund may consist of donations from public andprivate entities, partnerships between public and private entities,fees, and transfers from the state General Fund as may be specifiedby law. (d) To the extent possible, donations made in-kind to theEndowment Fund shall be monetized so as to offset the ongoingadministrative and oversight costs under Sections 1452 and 1453. (e) Earnings generated by the Endowment Fund shall be retained bythe fund. (f) Moneys deposited in the Endowment Fund are exempt from therequirements of Sections 11270 through 11277 of the Government Code. (g) Moneys in the Endowment Fund shall be invested by theTreasurer, after consultation with the department, in a manner thatbest meets the goals of the fund. (h) If, through changes in state or federal law, additionalrevenues are identified for the administration and oversight of thecemetery, including increases in federal burial allowances, so thatthe amount of annual revenue exceeds the annual administrative andoversight costs, the excess revenues shall be deposited in theEndowment Fund.1452.  (a) On or before July 1, 2007, and annually thereafter, theController, after consultation with the department, shall report tothe Assembly and Senate Committees on Veterans Affairs, MontereyCounty, the City of Seaside, and the Fort Ord Reuse Authority on thestatus of the Endowment Fund, the amount of interest and investmentearnings generated by the Endowment Fund, and the estimated amount ofadditional principal needed to generate annual interest revenue thatwill sufficiently cover the estimated annual administrative andoversight costs. (b) The estimated annual administrative and oversight costs shallbe developed annually by the department and provided to theController for purposes of the report required by subdivision (a) byno later than June 15 of each year.1453.  (a) (1) Upon the determination of the Controller, afterconsultation with the Secretary of Veterans Affairs, that theEndowment Fund has adequate principal to annually yield sufficientinvestment earnings, from the date of the determination, to cover theannual administrative and oversight costs over the next 10 years andto fund the estimated costs of developing and submitting the StateVeterans Cemetery Grant Program application, the department shalldevelop and submit a State Veterans Cemetery Grant Programapplication to the United States Department of Veterans Affairs forthe establishment of a veterans cemetery. (2) The Controller, upon appropriation by the Legislature, shalltransfer moneys from the Endowment Fund to the Operations Fund in anamount equal to the estimated costs of developing and submitting theState Veterans Cemetery Grant Program application to the UnitedStates Department of Veterans Affairs. (3) Notwithstanding paragraph (1), the Controller, uponappropriation by the Legislature, shall transfer funds from theEndowment Fund to the Operations Fund in an amount at least equal tothe estimated costs to complete preliminary plans and workingdrawings. Transfers shall be made only when sufficient funds, asdetermined by the Director of Finance, exist to fully accomplish eachof these project phases. (4) The department shall not proceed with advertisement forconstruction bids until the Endowment Fund has adequate principal tocover annual administrative and oversight costs, in accordance withparagraph (1). (b) (1) The Secretary of Veterans Affairs shall submit the StateVeterans Cemetery Grant Program application to the United StatesDepartment of Veterans Affairs within six months of the Controller'sdetermination pursuant to subdivision (a). The Secretary of VeteransAffairs is authorized to act as the official representative of thestate in connection with the State Veterans Cemetery Grant Programapplication, including providing the United States Department ofVeterans Affairs throughout the application process with allnecessary assurances that additional information shall be providedwhen required. The Secretary of Veterans Affairs shall have finalapproval of all aspects of the cemetery design and operation. (2) Upon transfer of funds pursuant to paragraphs (2) and (3) ofsubdivision (a), the department is authorized to proceed with allactivities necessary to support the submission of the State VeteransCemetery Grant Program application. (3) Upon the United States Department of Veterans Affairs'certification of the grant award, the department is authorized toproceed with construction and equipping of the veterans cemetery. (c) If awarded, the moneys received from the State VeteransCemetery Grant Program shall be used to reimburse the Endowment Fundfor the costs of developing and submitting the State VeteransCemetery Grant Program application to the United States Department ofVeterans Affairs and other eligible costs, and to fund 100 percentof costs allowed by the grant requirements, as well as the state'sshare of any other costs for the design, construction, and equippingof the veterans cemetery.1454.  (a) The Central Coast Veterans Cemetery Master DevelopmentFund is hereby renamed the California Central Coast State VeteransCemetery at Fort Ord Operations Fund. Moneys in the Operations Fundmay be transferred, upon appropriation by the Legislature, from theEndowment Fund to the Operations Fund for expenditure by thedepartment, solely for the annual administrative and oversight costsof the veterans cemetery. (b) (1) The Controller shall reserve an amount, not to exceed 20percent of the amount allocated pursuant to subdivision (a), in theOperations Fund, which shall be used solely as a reserve forunforeseen administrative and oversight costs. (2) For purposes of this subdivision, "unforeseen administrativeand oversight costs" means any costs that could not have beenreasonably anticipated by the department when preparing its estimateof annual administrative and oversight costs and that are needed tocarry out the purposes of this chapter.1455.  (a) Subsequent to the department's submission of the StateVeterans Cemetery Grant Program application, pursuant to Section1453, the department shall adopt regulations to specify theeligibility requirements for interment, the appropriate fees to becharged for interment or burial of spouses and dependent children ofhonorably discharged veterans, and appropriate fees for thedisinterment of remains. (b) Those eligible for interment are all honorably dischargedveterans and their spouses and dependent children. (c) All fees received pursuant to subdivision (a) shall bedeposited in the Endowment Fund created pursuant to Section 1451. (d) Regulations adopted pursuant to this section shall also beapplicable to all state-operated veterans cemeteries in order toensure consistent and equitable treatment of all veterans and theirfamilies throughout the state.1456.  (a) Proposals for the construction, placement, or donation ofmonuments or memorials, excluding headstones, and other amenities tothe veterans cemetery shall be subject to review by the CaliforniaCentral Coast Veterans Cemetery Advisory Committee. (b) All proposals for the construction, placement, or donation ofmonuments, memorials, and amenities to the veterans cemetery shall besubject to the approval of the Secretary of Veterans Affairs. (c) The department shall adopt regulations for the policies andprocedures to be followed with respect to the design, placement, andapproval of monuments and memorials proposed to be placed on veteranscemetery grounds. (d) Endowment Fund balances exceeding that determined to besufficient to meet annual administrative and oversight costs, asdetermined pursuant to Section 1453, may be expended, uponappropriation by the Legislature, for the purpose of establishingmonuments, memorials, and amenities.1457.  (a) Notwithstanding Section 11005 of the Government Code, theveterans cemetery administrator may, subject to the approval of theSecretary of Veterans Affairs, accept donations of personal property,including cash or other gifts, to be used for the maintenance orbeautification of the veterans cemetery. (b) Donations in the form of cash shall be deposited in theEndowment Fund and shall be expended for the maintenance and repairof the veterans cemetery or for a specified veterans cemeterymaintenance or beautification project designated by the donor, uponappropriation by the Legislature.