BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1757
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1757 (Monning) - As Amended:  April 6, 2010

          Policy Committee:                              Veterans  
          AffairVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill requires the California Department of Veterans Affairs  
          (DVA) to design and develop the Central Coast Veterans Cemetery  
          at Fort Ord (Monterey County), upon appropriation of funds by  
          the Legislature.  Specifically, this bill:

          1)Expands the eligible uses of an endowment fund-previously  
            established for purposes of generating income to cover the  
            annual operations and maintenance costs of the proposed  
            cemetery-to also cover the costs of project design and  
            development of all documents necessary for construction.  

          2)Requires the State Controller, upon appropriation by the  
            Legislature, to transfer sufficient moneys from the cemetery  
            Endowment Fund to the cemetery Operations Fund for each phase  
            of the cemetery design and development.  Transfers are to be  
            made only when sufficient funds exist to accomplish each  
            phase.

          3)Authorizes DVA, upon approval certification of a grant award  
            for the cemetery development from the federal Department of  
            Veterans Affairs, to proceed with construction and equipping  
            of the cemetery.

          4)Requires federal grant funds received for cemetery development  
            to reimburse the Endowment Fund for transfers made from the  
            Operations Fund.

           FISCAL EFFECT  

          The DVA's current cost estimate to complete preliminary plans  








                                                                  AB 1757
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          and working drawings, using endowment funds, is about $800,000.   
          Because revenue sources for endowment funding may include the  
          General Fund, by expanding the eligible uses of the endowment  
          fund, this bill creates General Fund pressure.  Any costs to the  
          endowment fund for design activities would subsequently be  
          reimbursed by the federal grant, which would be awarded prior to  
          the start of construction.

           COMMENTS  

           1)Background  .  In 1991, Fort Ord was announced for closure by  
            the U.S. Base Realignment Commission.  Prior to its closure,  
            the Fort Ord Reuse Authority set aside 204 acres for  
            development of a Central Coast Veterans Cemetery.  Attempts to  
            develop a national veterans cemetery at the site have been  
            unsuccessful because the site lies within 75 miles of the San  
            Joaquin Valley National Cemetery in Gustine.

            As an alternative, local agencies are seeking establishment of  
            a state veterans cemetery, whereby the federal government  
            funds 100% of development costs and the state is responsible  
            for ongoing operations and maintenance costs-estimated at  
            about $500,000 annually.  (The federal funds are typically not  
            received until project construction bids have been submitted.   
            The federal grant is sufficient to provide reimbursement for  
            all pre-construction costs.)  In order to relieve the state  
            General Fund of the operations and maintenance burden, AB 3055  
            (Laird)/Chapter 291 of 2006, established an Endowment Fund for  
            the receipt of donations of cash or other gifts to be used for  
            this purpose.  Moneys received in the fund were to first be  
            invested with the goal of achieving ongoing earnings to cover  
            annual oversight and maintenance costs.  Upon determination  
            that the Endowment Fund has adequate principal to annually  
            yield sufficient investment earnings to cover operating costs  
            of a new veterans' cemetery for 10 years, the DVA is required  
            to submit an application to the federal government for  
            development of the cemetery.  According to the State  
            Controller's Office, no moneys have yet been deposited into  
            the Endowment Fund.

           2)Purpose  .  The author is seeking to jump-start the cemetery  
            project by allowing the endowment fund to front the costs of  
            project design.  According to staff at the DVA, though the  
            endowment fund currently has no balance, local interests have  
            identified sufficient resources that could be deposited into  








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            the endowment fund to pay for the design costs, which, as  
            mentioned above, would be reimbursed following receipt of  
            federal grant monies.

           3)Recommendation  .  Section 5 of the bill should be amended to  
            clarify (a) the allowable uses of the endowment fund and (b)  
            that upon completion of project design, advertisement for  
            construction bids shall not proceed until it is determined  
            that the endowment fund has sufficient principal to adequately  
            cover expected operations and maintenance costs.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081