BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair AB 1842 (Monning) - California Central Coast State Veterans Cemetery Amended: May 10, 2012 Policy Vote: VA 7-0 Urgency: No Mandate: No Hearing Date: June 25, 2012 Consultant: Maureen Ortiz This bill does not meet the criteria for referral to the Suspense File. Bill Summary: AB 1842 authorizes the California Department of Veterans Affairs (CDVA) to enter into financial agreements to receive cash advances to the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund for the purpose of funding the initial planning and design for submission of a grant proposal to the U.S. Department of Veterans Affairs. Any such agreement would require review by the Department of Finance, and must specify that there is no state repayment exposure. Fiscal Impact: Minor, absorbable costs to the Department of Veterans Affairs for administering the cash advance. AB 1842 specifically requires the Department of Finance to review the agreement and provides that the agreement must prohibit any obligations of repayment from the state. Background: The military base at Fort Ord was established in 1917, and in 1940 was declared a permanent Army post. In 1991, Fort Ord was announced for closure by the United States Base Realignment and Closure Commission. Prior to its closure, the Fort Ord Reuse Authority (FORA) set aside 204 acres for the development of a Central Coast Veterans' Cemetery. Previous attempts at obtaining a national cemetery at the Fort Ord location had failed because federal regulations prohibit the development of a national veterans' cemetery within 75 miles of another national veterans' cemetery. Fort Ord is located within 75 miles of the San Joaquin Valley National Veterans' Cemetery in Gustine and currently has open spaces. An alternative to a AB 1842 (Monning) Page 1 national veterans' cemetery is the establishment of a state cemetery. The Federal government will pay 100% of construction costs for a state run veterans' cemetery, however, the state is responsible for paying the annual maintenance and operation costs which have been estimated at approximately $500,000-$700,000 per year. Further, the state must provide a commitment to maintain the cemetery along with the initial application for construction funding. Numerous legislative attempts to establish the creation of the cemetery at Fort Ord have failed over the years due to the impact on the General Fund for the appropriation of the maintenance funds. AB 3035 (Laird) Chapter 291/2006 established the California Central Coast State Veterans Cemetery at Ford Ord Endowment Fund for the receipt of donations of personal property, including cash or other gifts, to be used for the maintenance of the veterans' cemetery. AB 3035 provided that once sufficient revenue is generated, the plans for design and construction may proceed. AB 1757 (Monning) Chapter 450/2010, authorized money in the endowment fund to be used to fund the plans for developing and submitting the proposal for a cemetery. There is currently one other state veterans' cemetery in California, the Northern California Veterans Cemetery, which opened in 2005 and is located in Redding. Proposed Law: AB 1842 will authorize the Department of Veterans Affairs to enter into an agreement for a cash advance and to use the funds to cover the costs of submitting the design proposal to the USDVA for a state run veterans cemetery. Upon approval of the grant for a new cemetery and reimbursement of costs, the cash advance will then be repaid. Authorizing the endowment fund to accept a funding advance would help the state complete its initial planning and application required by the federal government (at a cost of about $2 million) for a grant that would cover plans and full construction (an estimated $26 million). According to CDVA there are virtually no funds in the endowment fund. AB 1842 explicitly states there is no liability on the part of AB 1842 (Monning) Page 2 the state for a cash advance or a loan, and the agreement must be reviewed and performed in consultation with the Department of Finance. Upon reimbursement of costs from the grant program, the CDVA must determine, and the Controller's Office must certify, that sufficient funds remain in the Endowment Fund to cover ongoing maintenance and operating costs before any reimbursement for cash advances are made.