BILL NUMBER: SB 1234 CHAPTERED
BILL TEXT
CHAPTER 217
FILED WITH SECRETARY OF STATE AUGUST 14, 2002
APPROVED BY GOVERNOR AUGUST 14, 2002
PASSED THE SENATE AUGUST 8, 2002
PASSED THE ASSEMBLY AUGUST 1, 2002
AMENDED IN ASSEMBLY JUNE 28, 2002
AMENDED IN ASSEMBLY JUNE 25, 2002
AMENDED IN ASSEMBLY JUNE 12, 2002
AMENDED IN SENATE MAY 28, 2002
AMENDED IN SENATE MAY 8, 2002
AMENDED IN SENATE APRIL 18, 2002
INTRODUCED BY Senator Johannessen
(Principal coauthor: Assembly Member Aanestad)
(Coauthors: Assembly Members Briggs, Runner, Wesson, and Wyman)
JANUARY 7, 2002
An act to add Chapter 3.3 (commencing with Section 15819.60) to
Part 10b of Division 3 of Title 2 of the Government Code, relating to
veterans' homes, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1234, Johannessen. Veterans' homes.
Existing law, the "State Building Construction Act of 1955,"
authorizes the State Public Works Board to acquire or construct
public buildings and to issue revenue bonds, negotiable notes, and
negotiable bond anticipation notes to finance that construction.
This bill would authorize the State Public Works Board to issue
lease-revenue bonds, notes, or bond anticipation notes pursuant to
the State Building Construction Act of 1955 to finance the
acquisition, design, construction, renovation, or expansion of
veterans' homes at Yountville, Barstow, Chula Vista, Lancaster,
Saticoy, and West Los Angeles, and in Fresno County and Shasta
County, as provided. It would continuously appropriate these funds
to the board on behalf of the Department of Veterans' Affairs for
this purpose. This bill would specify the amount of authorized
capital outlay for the project.
The bill would condition any issuance of bonds or notes for these
purposes on a commitment from the federal government to pay for the
federal matching share of the cost of the design, construction,
renovation, or expansion of these homes.
This bill would make various legislative findings and declarations
regarding these provisions.
This bill would provide that it would become operative only if AB
2559, AB 2953, and SB 1773 are enacted and become effective on or
before January 1, 2003.
This bill would declare that it is to take effect immediately as an
urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) With respect to veterans in general, the Legislature finds and
declares all of the following:
(1) Over 1,000 United States veterans who fought in World War II
die every day.
(2) More veterans live in California than in any other state in
the nation. Of the nation's 25,229,000 veterans, 2,367,700 of them
live in California, or 9.3 percent. Additionally, 596,500 more
veterans live in California than in any other state in the nation.
(3) California has been identified by the United States Department
of Veterans Affairs as one of the three states with a "great need"
for veterans' homes. The fiscal year 2002 United States Department
of Veterans Affairs veterans' home bed analysis lists the current
need in California as 3,167 beds.
(4) The highest concentration of veterans are in the 53 to 58
years age range and are Vietnam-era veterans. There are
approximately 800,000 Vietnam-era veterans in California who may need
care soon.
(5) There are presently 430,800 Korean War-era veterans between
the ages of 66 and 75 years in California who are at the prime age to
receive care now.
(6) Approximately 18 million of the United States' 25 million
veterans served the country during wartime.
(b) With respect to a veterans' home in Fresno County, the
Legislature finds and declares all of the following:
(1) The Governor's Commission on California Veterans' Homes
recommends that Fresno County be placed on the priority list for the
construction of a veterans' home.
(2) Twelve percent of the veteran population of California resides
in the Central Valley. Because of demographics and a lack of
services for veterans, the San Joaquin Valley needs a veterans' home.
(3) Fresno County is the site of one of the federal Department of
Veterans Affairs medical centers and, therefore, has access to
skilled medical professionals. Yet, Fresno County is in an area not
served by any present or proposed veterans' home.
(c) With respect to a veterans' home at Redding in Shasta County,
the Legislature finds and declares all of the following:
(1) The Governor's Commission on California Veterans' Homes
recommends that the state build a veterans' home at Redding in Shasta
County to serve the needs of the 12 northern counties. The veterans
in the northern California area have demonstrated the need for
services and deserve a veterans' home.
(2) Geography dictates that some areas in northern California are
so removed from the central population core that it places those
individuals living there at a hardship. The Governor's Commission on
California Veterans' Homes has concluded that it is necessary to
address the needs of the veterans in northern California. Many
veterans in the area are located far from any services and, thus,
must travel long distances to obtain any care from the veterans'
service network.
SEC. 2. Chapter 3.3 (commencing with Section 15819.60) is added to
Part 10b of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 3.3. FINANCING OF CALIFORNIA VETERANS' HOMES
15819.60. (a) The Department of General Services, on behalf of
the Department of Veterans Affairs, may construct and establish
additional veterans' homes to be located in Fresno County and Shasta
County.
(b) The Department of General Services, on behalf of the
Department of Veterans Affairs, may renovate the veterans' homes at
Yountville, Barstow, and Chula Vista, as needed and justified.
(c) The Department of General Services, on behalf of the
Department of Veterans Affairs, may expand the homes proposed to be
built at Lancaster, Saticoy, and West Los Angeles, as needed and
justified.
(d) The construction of veterans' homes in Fresno County and
Shasta County may not commence until the veterans' homes in
Lancaster, Saticoy, and West Los Angeles have been fully funded.
(e) The veterans' homes to be constructed in Fresno County and
Shasta County may be built concurrently.
15819.65. (a) (1) The State Public Works Board may issue
lease-revenue bonds, notes, or bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
of Title 2 of the Government Code to finance the acquisition, design,
construction, renovation, or expansion of the veterans' homes
specified in Section 15819.60.
(2) The issuance of bonds or notes under this section is
contingent upon a commitment from the federal government to pay for
the federal matching share of the cost of the design, construction,
renovation, or expansion of the veterans' homes specified in Section
15819.60.
(b) The amount of lease-revenue bonds, notes, or bond anticipation
notes to be sold pursuant to Chapter 5 (commencing with Section
15830) for capital outlay for this purpose shall not exceed the sum
of sixty-two million dollars ($62,000,000). This amount shall be
available, in addition to any federal funds available, as necessary
for the construction, renovation, or expansion of the veterans'
homes, site studies, suitability reports, environmental studies,
master planning, architectural programming, schematics, preliminary
plans, working drawings, construction, and equipment.
(c) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the costs of
performance of all functions referred to in subdivision (b), and any
additional amounts, as specified in subdivision (g).
(d) The amount of negotiable bond anticipation notes to be sold
shall not exceed the amount of revenue bonds or negotiable notes
authorized by this chapter.
(e) Notwithstanding Section 13340, funds derived for the purposes
of this chapter from the financing methods pursuant to Chapter 5
(commencing with Section 15830) for the acquisition, design,
construction, renovation, or expansion of the veterans' homes are
hereby continuously appropriated to the board on behalf of the
Department of Veterans Affairs for the acquisition, design,
construction, renovation, expansion, or refinancing of the veterans'
homes so financed.
In addition to the funds appropriated pursuant to this section,
the federal matching funds available pursuant to the State Veterans'
Home Assistance Improvement Act of 1977 (38 U.S.C. Sec. 8131 et
seq.), are hereby continuously appropriated to the board on behalf of
the Department of Veterans Affairs for the purposes of design,
construction, renovation, expansion, or repayment of any loan related
to the projects specified in Section 15819.60.
(f) The State Public Works Board and the Department of Veterans
Affairs may obtain interim financing for the project costs authorized
in Section 15819.60 from any appropriate source, including, but not
limited to, the Pooled Money Investment Account pursuant to Sections
16312 and 16313 of the Government Code.
(g) The board may authorize the augmentation of the acquisition,
design, and cost of the construction, renovation, or expansion of the
homes set forth in this chapter pursuant to the board's authority
under Section 13332.11. In addition, the board may authorize any
additional amounts necessary to establish a reasonable construction
reserve and to pay the cost of financing, including, but not limited
to, the payment of interest during the design and construction of the
projects, the costs of financing a debt service fund, and the cost
of issuance of permanent financing for the projects. This additional
amount may include interest payable on any interim financing
obtained.
(h) The Department of Veterans Affairs is authorized and directed
to execute and deliver any and all leases, contracts, agreements, or
other documents necessary or advisable to consummate the sale of
bonds or otherwise effectuate the financing of the scheduled
projects.
(i) In the event that the bonds authorized for projects in Section
15819.60 are not sold, the Department of Veterans' Affairs shall
commit a sufficient portion of its support appropriation, as
determined by the Department of Finance, to repay any interim
financing. It is the intent of the Legislature that this commitment
be made until all interim financing is repaid either through the
proceeds from the sale of bonds or from an appropriation.
(j) The State Public Works Board shall not itself be deemed a lead
or responsible agency for purposes of the California Environmental
Quality Act (commencing with Section 21000 of the Public Resources
Code) for any activities under the State Building Construction Act of
1955 (commencing with Section 15800 of the Government Code). This
subdivision does not exempt any participating agency or department
from the requirements of the California Environmental Quality Act,
and is intended to be declarative of existing law.
SEC. 3. This act shall become operative only if AB 2559, AB 2953,
and SB 1773 are enacted and become effective on or before January 1,
2003.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide adequate facilities for the care of California'
s veterans at the earliest possible time, it is necessary for this
act to take effect immediately.