BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1453
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1453 (Quirk-Silva)
          As Amended  August 19, 2014
          2/3 vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |78-0 |(May 29, 2014)  |SENATE: |33-0 |(August 21,    |
          |           |     |                |        |     |2014)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    V.A.

          SUMMARY  :  Requires the California Department of Veterans Affairs  
          (department), in voluntary cooperation with local government  
          entities in Orange County, to design, develop, construct, and  
          equip a state-owned and state-operated Southern California  
          Veterans Cemetery (Cemetery) to be located at a specified site  
          in the City of Irvine.  Requires the department to apply to the  
          United States Department of Veterans Affairs (USDVA) Veterans  
          Cemetery Grants Program for a grant of up to 100% of the  
          estimated cost for designing, developing, constructing, and  
          equipping the cemetery. 
             
           The Senate Amendments  : 

          1)Specify a site for the Cemetery.  The Cemetery shall be  
            located at the site of the former Marine Corps Air Station El  
            Toro, on 125 acres known as the Amended and Restated  
            Development Agreement Site in the Great Park in the City of  
            Irvine.

          2)Clarify that eligibility for interment at the Cemetery shall  
            conform with federal regulations pertaining to eligibility for  
            interment at National Cemeteries.

          3)Remove the continuous appropriation language pertaining to the  
            Master Development Fund in the Assembly version of this bill.   


          4)Delete references to appropriations and expenditures for  
            operations and maintenance of the Cemetery and state the  
            intent of the Legislature to appropriate funds in the annual  
            Budget Act to fund annual cemetery operations and maintenance  
            and to enact any additional legislation that may be necessary  
            to set dollar limits on funding for those operations and that  








                                                                  AB 1453
                                                                  Page  2

            maintenance. 

          5)Appropriate $500,000 from the General Fund to the department  
            for completion of the preliminary or conceptual design work  
            required during the pre-application phase of the grant  
            proposal required by this bill.

          6)State the intent of the Legislature to appropriate funds in  
            the future to support the department in carrying out the  
            provisions of the Military and Veterans Code pertaining to the  
            Cemetery and further that if no appropriation is made for  
            these purposes, the Department of Veterans Affairs shall not  
            be required to comply with the provisions of the Military and  
            Veterans Code pertaining to the Cemetery.

          7)Direct the department to apply to the Veterans Cemetery Grants  
            Program of the USDVA for a grant of not more than 100 percent  
            of the estimated cost for designing, developing, constructing,  
            and equipping the Cemetery.

          8)State the intent of the Legislature that future moneys  
            appropriated to support the department in carrying out the  
            provisions of the Military and Veterans Code pertaining to the  
            Cemetery not be expended until the Department of Veterans  
            Affairs has received written approval of the grant from the  
            Veterans Cemetery Grants Program and a commitment from the  
            federal Veterans Cemetery Grants Program that the funds  
            appropriated under the grant are available for expenditure by  
            the state.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)Start-up costs of approximately $2 million ($500,000  
            appropriation), potentially reimbursed upon approval of  
            federal grant (General Fund).

          2)Approximately $500,000 annually for annual maintenance upon  
            completion of the cemetery partially offset by interment fees  
            (General Fund).

          3)One-time costs of approximately $75,000 for regulations  
            (General Fund).

           COMMENTS  :   Several of the changes from the Assembly version are  








                                                                  AB 1453
                                                                  Page  3

          technical in nature.  Some clarify that the cemetery would be  
          required to conform to applicable federal regulations and some  
          were the result of a site being identified after this bill left  
          the Assembly.  Amendments were also made to clarify that the  
          department is explicitly directed to apply to the federal grant  
          program and to remove some continuous appropriation language to  
          ensure maximum legislative control over future spending for the  
          Cemetery.

          When this bill left the Assembly, discussions were ongoing at  
          the local level in Orange County between cemetery proponents,  
          local governmental entities, and other stakeholders about  
          locations in Orange County that might be appropriate for the  
          Cemetery.  The site designated in the bill had been one proposed  
          for a number of years by Cemetery proponents.  The City of  
          Irvine resolved on July 22, 2014, to designate the Cemetery site  
          now referenced in the bill and Irvine's intent to convey the  
          site subject to passage of this bill, the Governor's signature  
          of this bill and other state and federal requirements.

          Once the site was designated, discussions ensued between the  
          author's office, the department, and the Department of General  
          Services to estimate the cost for completion of the preliminary  
          or conceptual design work required during the pre-application  
          phase of the grant proposal required by this bill.  The  
          resultant number was $500,000.  


           Analysis Prepared by  :     John Spangler / V.A. / (916) 319-3550


                                                               FN: 0005212