Chapter 10 - Central Coast Veterans Cemetery

California Military and Veterans Code — §§ 1450-1457

Sections (9)

Amended by Stats. 2013, Ch. 694, Sec. 1. (SB 232) Effective October 10, 2013.

For purposes of this chapter, the following definitions apply:

(a)“Department” means the Department of Veterans Affairs.

(b)“Endowment Fund” means the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund.

(c)“Nonreimbursable costs of design and construction” means the costs of planning, design, and construction of the California Central Coast State Veterans Cemetery at Fort Ord that are not reimbursable from the moneys received from the State Veterans Cemetery Grant Program as allowable costs as established by the United States Department of Veterans Affairs State Veterans Cemetery Grant Program.

(d)“Operations and maintenance costs” means costs incurred by the department for the operations and maintenance of the veterans cemetery including, but not limited to, personnel costs, the opening and closing of graves, the interment of remains, committal service coordination, grounds keeping, landscaping, general maintenance, and janitorial services.

(e)“Operations Fund” means the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund.

(f)“Phases” means the usual phases of a capital outlay project, and includes studies, preliminary plans, working drawings, including documents necessary to put the construction phase out to bid, and construction.

(g)“Veterans cemetery” means the California Central Coast State Veterans Cemetery at Fort Ord.

§ 1450.1

Amended by Stats. 2011, Ch. 267, Sec. 1. (AB 629) Effective January 1, 2012.

(a)Pursuant to this chapter, the department, in voluntary cooperation with the Board of Supervisors of the County of Monterey, the City of Seaside, the Fort Ord Reuse Authority, and surrounding counties, cities, and local agencies, shall design, develop, and construct the state-owned and state-operated veterans cemetery, which shall be located on the site of the former Fort Ord.

(b)The department shall oversee and coordinate the design, development, construction, and equipping of the veterans cemetery.

(c)It is the intent of the Legislature that the design of the veterans cemetery closely follows the concepts published in the California Central Coast Veterans Cemetery Fort Ord Development Master Plan as prepared for the Monterey County Redevelopment Agency.

(d)Notwithstanding Section 10107 of the Public Contract Code, and as authorized by Section 67679 of the Government Code, in fulfilling the requirements of subdivision (a), the department may enter into an agreement with the Fort Ord Reuse Authority for the project under subdivision (a) to be under the sole charge and direct control of the veterans cemetery public works project.

§ 1450.2

Amended by Stats. 2022, Ch. 130, Sec. 1. (AB 2963) Effective January 1, 2023.

(a)The Secretary of the California Department of Veterans Affairs shall establish the California Central Coast Veterans Cemetery Advisory Committee that consists of the following persons appointed by the secretary:

(1)One representative from the County of Monterey, nominated by the Board of Supervisors of the County of Monterey.

(2)One representative from the City of Seaside, nominated by the City Council of the City of Seaside.

(3)Three representatives from local veterans’ service organizations, appointed by the secretary.

(4)At least two members from the department.

(b)In recognition of the fact that the Endowment Fund will be made up largely of private and local funds, the department shall seek the advice of the Advisory Committee when considering significant changes in the design of the veterans cemetery.

§ 1451

Amended by Stats. 2018, Ch. 92, Sec. 163. (SB 1289) Effective January 1, 2019.

(a)The California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund is hereby created in the State Treasury. Moneys in the Endowment Fund shall be allocated, upon appropriation by the Legislature, to the department for the nonreimbursable costs of design and construction and the annual operations and maintenance costs of the veterans cemetery for the next 10 years.

(b)Moneys in the fund may be invested to generate earnings to offset annual operations and maintenance costs associated with the veterans cemetery.

(c)(1) The Endowment Fund may consist of donations from public and private entities, partnerships between public and private entities, fees, cash advances,

and transfers from the state General Fund as may be specified by law.

(2)The department may enter into any financial agreement to receive cash advances in the Endowment Fund, provided that the agreement does not require the state to repay or make payments on cash advances and the agreement is reviewed and approved by the Department of Finance.

(d)To the extent possible, donations made in-kind to the Endowment Fund shall be monetized so as to offset the ongoing operations and maintenance costs under Sections 1452 and 1453.

(e)Earnings generated by the Endowment Fund shall be retained by the fund.

(f)Moneys deposited in the Endowment Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3

of the Government Code.

(g)Moneys in the Endowment Fund shall be invested by the Treasurer, after consultation with the department, in a manner that best meets the goals of the fund.

(h)If, through changes in state or federal law, additional revenues are identified for the operations and maintenance of the cemetery, including increases in federal burial allowances, so that the amount of annual revenue exceeds the annual operations and maintenance costs, the excess revenues shall be deposited in the Endowment Fund.

§ 1453

Amended by Stats. 2022, Ch. 135, Sec. 2. (SB 949) Effective January 1, 2023.

(a)(1) The Controller, upon appropriation by the Legislature, shall transfer moneys from the Endowment Fund to the Operations Fund in an amount equal to the estimated costs of developing and submitting

a State Veterans Cemetery Grant Program application to the United States Department of Veterans Affairs.

(2)The Controller, upon appropriation by the Legislature, shall transfer funds from the Endowment Fund to the Operations Fund in an amount at least equal to the estimated costs to complete preliminary plans and working drawings. Transfers shall be made only when sufficient funds, as determined by the Director of Finance, exist to fully accomplish each of these project

phases.

(b)(1) The Secretary of Veterans Affairs is authorized to act as the official representative of the state in connection with the State Veterans Cemetery Grant Program application, including

providing the United States Department of Veterans Affairs throughout the application process with all necessary assurances that additional information shall be provided when required. The Secretary of Veterans Affairs shall have final approval of all aspects of the cemetery design and operation.

(2)Upon transfer of funds pursuant to paragraphs

(1)and (2) of subdivision (a), the department is authorized to proceed with all activities necessary to support the submission of the State Veterans Cemetery Grant Program application.

(3)Upon the United States Department of Veterans Affairs’ certification of the grant award, the department is authorized to proceed with construction and equipping of the veterans cemetery.

§ 1454

Amended by Stats. 2013, Ch. 694, Sec. 5. (SB 232) Effective October 10, 2013.

(a)The Central Coast Veterans Cemetery Master Development Fund is hereby renamed the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund. Moneys in the Operations Fund may be transferred, upon appropriation by the Legislature, from the Endowment Fund to the Operations Fund for expenditure by the department, solely for the annual operations and maintenance costs of the veterans

cemetery.

(b)(1) The Controller shall reserve an amount, not to exceed 20 percent of the amount allocated pursuant to subdivision (a), in the Operations Fund, which shall be used solely as a reserve for unforeseen operations and maintenance costs.

(2)For purposes of this subdivision, “unforeseen operations and maintenance costs” means any costs that could not have been reasonably anticipated by the department when preparing its estimate of annual operations and maintenance costs and that are needed to carry out the purposes of this chapter.

§ 1455

Amended by Stats. 2010, Ch. 450, Sec. 7. (AB 1757) Effective January 1, 2011.

(a)Subsequent to the department’s submission of the State Veterans Cemetery Grant Program application, pursuant to Section 1453, the department shall adopt regulations to specify the eligibility requirements for interment, the appropriate fees to be charged for interment or burial of spouses and dependent children of honorably discharged veterans, and appropriate fees for the disinterment of remains.

(b)Those eligible for interment are all honorably discharged veterans and their spouses and dependent children.

(c)All fees received pursuant to subdivision (a) shall be deposited in the Endowment Fund created pursuant to Section 1451.

(d)Regulations adopted pursuant to this section shall also be applicable to all state-operated veterans cemeteries in order to ensure consistent and equitable treatment of all veterans and their families throughout the state.

§ 1456

Amended by Stats. 2013, Ch. 694, Sec. 6. (SB 232) Effective October 10, 2013.

(a)Proposals for the construction, placement, or donation of monuments or memorials, excluding headstones, and other amenities to the veterans cemetery shall be subject to review by the California Central Coast Veterans Cemetery Advisory Committee.

(b)All proposals for the construction, placement, or donation of monuments, memorials, and

amenities to the veterans cemetery shall be subject to the approval of the Secretary of Veterans Affairs.

(c)The department shall adopt regulations for the policies and procedures to be followed with respect to the design, placement, and approval of monuments and memorials proposed to be placed on veterans cemetery grounds.

(d)Endowment Fund balances exceeding that determined to be sufficient to meet annual operations and maintenance costs, as determined pursuant to Section 1453, may be expended, upon appropriation by the Legislature, for the purpose of establishing monuments, memorials, and amenities.

§ 1457

Amended by Stats. 2010, Ch. 450, Sec. 9. (AB 1757) Effective January 1, 2011.

(a)Notwithstanding Section 11005 of the Government Code, the veterans cemetery administrator may, subject to the approval of the Secretary of Veterans Affairs, accept donations of personal property, including cash or other gifts, to be used for the maintenance or beautification of the veterans cemetery.

(b)Donations in the form of cash shall

be deposited in the Endowment Fund and shall be expended for the maintenance and repair of the veterans cemetery or for a specified veterans cemetery maintenance or beautification project designated by the donor, upon appropriation by the Legislature.