BILL ANALYSIS �
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Ben Hueso, Chair
BILL NO: AB 1453 HEARING DATE: 6/24/14
AUTHOR: Quirk-Silva
VERSION: 6/19/14
FISCAL: Yes
VOTE: Majority
SUBJECT
Southern California Veterans Cemetery.
DESCRIPTION
Existing law:
1.Requires the California Department of Veterans Affairs
(CalVet) - in voluntary cooperation with the Monterey County
Board of Supervisors, City of Seaside, Fort Ord Reuse
Authority, and surrounding counties, cities, and local
agencies - to design, develop, and construct the state-owned
and state-operated Central Coast Veterans Cemetery, to be
located on the former Fort Ord Army post.
2.Requires CalVet - in voluntary cooperation with the Shasta
County Board of Supervisors and the boards of supervisors of
specified northern California counties - to design, develop,
and construct a state-owned and state-operated Northern
California Veterans Cemetery.
3.Federal law authorizes the United States Department of
Veterans Affairs (VA) to make a financial grant to any state
for the purpose of establishing, expanding, or improving a
veterans' cemetery owned by the state and operating and
maintaining a veterans' cemetery.
This bill:
Requires CalVet - in voluntary cooperation with local government
entities in Orange County - to design, develop, construct, and
equip the state-owned and state-operated Southern California
Veterans Cemetery.
Specifically, this bill:
1.Creates the Southern California Veterans Cemetery Master
Development Fund (Development Fund), a continuously
appropriated fund, and would require all moneys received for
the design, development, construction, and equipment of the
cemetery to be deposited in this fund.
2.Creates the Southern California Veterans Cemetery Perpetual
Maintenance Fund (Maintenance Fund) and would direct all
moneys received for the maintenance of the cemetery, including
those moneys received for the interment of a spouse or child,
to be deposited in this fund.
3.Makes proposals for the construction, placement, or donation
of monuments and memorials to the cemetery subject to review
by a specified advisory committee and subject to final
approval by the Secretary.
4.Authorizes the cemetery administrator to accept donations of
personal property to be used for the maintenance,
beautification, or repair of the cemetery. Requires cash
donations to be deposited into the Southern California
Veterans Cemetery Donations Fund; a continuously appropriated
fund created by this bill, and would require the cash
donations to be expended for the maintenance, beautification,
and repair of the cemetery, as specified. By creating a
continuously appropriated fund, the bill would make an
appropriation.
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5.Declares the Legislature's intent to appropriate funds in the
annual Budget Act to support CalVet in carrying out the
provisions of this bill. Specifies that if no appropriation is
made for these purposes, CalVet would not be required to
comply with the provisions of this bill.
6.Requires CalVet to apply to the Veterans Cemetery Grants
Program administered by the federal Department of Veterans
Affairs for a grant of not more than an unspecified amount,
which amount represents 100% of the estimated cost for
designing, developing, constructing, and equipping the
cemetery.
7.Declares the Legislature's intent to prohibit the expenditure
of money appropriated to CalVet until that department has
received written approval of the grant request and a
commitment from the federal Grants Program that the funds
appropriated under the grant are available for expenditure by
the state, except as specified.
8.Extends eligibility for interment in the cemetery to all
honorably discharged veterans and their spouses and children
to the extent provided by federal law and regulation.
9.Requires CalVet to establish a fee to be charged for interment
of veteran spouses and children.
BACKGROUND
National veterans cemeteries
The federal VA's National Cemetery Administration maintains 131
national veterans cemeteries in 39 states and Puerto Rico. Nine
are located in California as follows:
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Southern California : Fort Rosecrans (San Diego), Miramar
(San Diego), Los Angeles, and Riverside national
cemeteries.
Central California : Bakersfield, San Joaquin Valley
(Santa Nella), and Golden Gate (San Bruno), and San
Francisco (Presidio of San Francisco) national cemeteries.
Northern California : Sacramento Valley National Cemetery
(Dixon).
State veterans cemeteries
Recognizing that the national cemetery system leaves certain
areas inadequately served, the federal government in 1978
established the federal VA's Cemetery Grants Program to help
create state-owned and state-operated veterans cemeteries to
meet that need. In a cost-saving approach, the federal
government offers to build state cemeteries, but then let states
pay the maintenance costs in perpetuity. This approach was used
successfully with California's first state veterans cemetery,
the Northern California Veterans Cemetery (NCVC) near Redding
dedicated in November 2005. The California Central Coast
Veterans Cemetery (CCCVC) at the former Fort Ord -will be the
second state cemetery under the federal Grants Program.
[The state's historic Yountville Veterans Cemetery was funded by
an earlier process. It is located on 11 acres in the northwest
corner of the Yountville Veterans Home and currently accepts
interments only from among the Veteran Home's residents and
their eligible dependents.]
Under the Grants Program, the federal government will reimburse
up to 100% of the cost of establishing, expanding, or improving
state veterans' cemeteries, including the acquisition of initial
operating equipment, if the state agrees to cover the
administrative and oversight costs. These administrative and
oversight costs are offset eventually through federal veterans
burial benefits. The federal VA does not pay any off-site costs,
land purchases, demolition costs, or state employee costs that
may be charged by the Department of General Services.
The administrative, oversight and operational costs are offset
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by a federal plot allowance paid to the state for the burial of
veterans by the USDVA and the dependent fees charged by the
state. The percentage of those costs depends on the type of
cemetery operation. The federal Plot Allowance is currently
$734 and NCVC dependent fees are currently $500.
Proposed state cemetery in Southern California
Considering federal guidelines and in conjunction with veteran
stakeholder groups and local governments, CalVet has determined
the need for a new state cemetery to serve the veteran
population of Orange, Los Angeles and Ventura Counties. CalVet's
analysis states the following:
The burial rate must be determined and is the primary factor
that will determine the size, type and cost of construction,
as well as the operational costs of the Veterans Cemetery. We
will consider the veterans population, veteran's death rate,
and distance from cities to the proposed location of the
cemetery and of existing active veteran's cemeteries.
Riverside National Cemetery is the closest National Cemetery
to Orange, Los Angeles and Ventura Counties, which is the area
that the proposed Veterans Cemetery would serve. However, the
locations of Bakersfield National Cemetery to the north and
Miramar National Cemetery to the south were considered.
The National Cemetery Administration uses a 75 mile radius to
determine if a veteran is being served by an existing Veterans
Cemetery. The flaw in their logic in determining if a veteran
is being served within a 75 mile radius is that they do not
consider natural barriers, location of roadways, traffic and
public transportation, which are proven barriers in the actual
use by veterans of veterans cemeteries.
Much of the area that our proposed veteran's cemetery would
serve is inside the 75 mile radius of Riverside National
Cemetery, but this fact will not prevent the state from
obtaining a federal grant to construct a State Veterans
cemetery. However, it must be considered when determining our
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facilities burial rate. For this reason we have not considered
the veterans population in Riverside or San Bernardino
Counties that may be closer to our proposed location. We are
considering the entire veteran population of Orange, Los
Angeles and Ventura counties as those veterans would reside
closer to our proposed location than to the Riverside National
Cemetery.
The National Cemetery Administration inters 13.5% of the
eligible veterans in their catchment areas (75 mile radius)
nationwide. The Northern California Veterans Cemetery (NCVC)
inters 27% of the eligible veterans within a 75 mile radius of
the cemetery.
When determining the burial rate for the California Central
Coast Veterans Cemetery (CCCVC) CDVA and the USDVA agreed on a
25% interment rate based on our experience at NCVC.
Understanding that there are so many unmeasurable factors in
determining the percentage this is not a science, but an
estimation of the actual number of veterans that will be
interred in our proposed Veterans Cemetery.
Casket and Cremated Interments at the Proposed Veterans
Cemetery
Federal VA Burial Rate Percentage - 13.5% = 2,124
veteran burials per year, including dependent burials =
2,974
NCVC Burial Rate Percentage - 27% = 4,247 veteran
burials per year, including dependent burials = 5,746
CCCVC proposed Rate Percentage - 25% = 3,933
veterans burials per year, including dependent burials =
5,506
Dependent burials are not considered in the above figures and
USDVA and CDVA agree that it averages an additional 40% to the
total of veterans interred in veteran's cemeteries.
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COMMENT
Related Legislation
SB 232 (Monning, Ch. 694, Stats. 2013)
(1) Repeals a budget allocation for a loan to the Central Coast
State Veterans Cemetery at Fort Ord; (2) appropriates $1
million to the Central Coast State Veterans Cemetery at Fort
Ord Endowment Fund for construction of the Cemetery; and (3)
amends current statutory requirements of regarding the use of
interest on a principal in the Fund. (4) Requires that any
money transferred as part of the budget action granting a loan
to the Fund be returned to the General Fund.
SB 106 (Monning, Ch. 41, Stats. 2013)
(1) Provides CalVet authorization to enter into a financial
agreement to receive cash advances into the Endowment Fund,
contingent upon that agreement not requiring the state to repay
or make payments on cash advances. (2) Requires CalVet to
develop and submit a State Veterans Cemetery Grant Program
application to the United States Department of Veterans Affairs
(USDVA) for the establishment of a veterans cemetery upon the
determination of the State Controller, after consultation with
the Secretary of CalVet (Secretary). (3) This bill specifies
that if the Secretary or CalVet fails to submit a grant
application to the Program, if USDVA denies the grant
application, or if the grant funding is not received for any
other reason, requires any amounts donated, received, or
deposited to the Fund by specified entities to be refunded.
AB 1842 (Monning, Ch. 745, Stats. 2012)
(1) Authorizes the California Department of Veterans Affairs to
enter into a financial agreement to receive cash advances in
the existing Endowment Fund previously created to help the
proposed California Central Coast State Veterans Cemetery at
Fort Ord. (2) Provides such agreements are permissible so long
as no obligations of repayment are made to the state, and each
agreement is reviewed and performed in consultation with the
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Department of Finance. (3) Authorizes CDVA to use money
received from the prospective federal grant, which is
transferred to the Fund, to reimburse the costs of developing
and submitting the grant application, to reimburse any cash
advances made to the Fund.
AB 629 (Monning, Ch. 267, Stats. 2011)
Prior law required CDVA, in voluntary cooperation with the
Monterey County Board of Supervisors, the City of Seaside, the
Fort Ord Reuse Authority (FORA), and local agencies to design,
develop, and construct the California Central Coast Veterans
Cemetery at Fort Ord, as specified. The State Contract Act
requires projects that are not under the jurisdiction of
specified departments to be under the charge and control of the
Department of General Services (DGS). This bill authorizes
CDVA, rather than DGS, to enter into an agreement with the FORA
for the veterans cemetery project to be under the sole charge
and direct control of the FORA.
AB 1757 (Monning, Ch. 450 Stats. 2010)
(1) Requires the California Department of Veterans Affairs
(CDVA), in voluntary consultation with local governments and
stakeholders, to construct the California Central Coast
Veterans Cemetery at Ford Ord. (2) Authorizes CDVA to design,
develop, and construct the cemetery in phases. (3) Requires the
regulations established regarding burial eligibility to apply
to all state-operated veterans cemeteries, and limits burial to
dependent children of honorably discharged veterans.
AB 3035 (Laird, Ch. 291 Stats. 2006)
Creates the California Central Coast State Veterans Cemetery at
Fort Ord Endowment Fund in the State Treasury and directs that
moneys in the Fund be allocated, upon appropriation, to CalVet
for annual administrative and oversight costs of the cemetery.
SB 1815 (McPherson, Ch. 771, Stats. 2000)
Ordered the development of the Central Coast Veterans Cemetery
Master Plan and appropriated $140,000 for the creation of a
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Cemetery Master Development Fund.
POSITIONS
Sponsor: Author.
Support:
American Legion, Department of California
AMVETS, Department of California
California Association of County Veterans Service Officer
California State Commanders Veterans Council
City of Irvine
City of Lake Forest
Orange, County of
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
Oppose: None on file.
Analysis by: Wade Cooper Teasdale
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