Poseidon AB 1570 Revisions

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AMENDED IN SENATE SEPTEMBER 2, 2009

AMENDED IN ASSEMBLY JUNE 2, 2009

AMENDED IN ASSEMBLY APRIL 16, 2009

california legislature200910 regular session

ASSEMBLY BILL No. 1570

Introduced by Committee on Veterans Affairs (Salas (Chair), Lieu,V. Manuel Perez, Saldana, and Yamada)Assembly Member Salas

(Principal coauthor: Senator Kehoe)(Coauthors: Assembly Members Anderson, Fletcher, Garrick,Harkey,

Jeffries, and Saldana)(Coauthors: Senators Benoit, Ducheny, Hollingsworth, and Wyland)

March 16, 2009

An act to add Article 8 (commencing with Section 999.75) to Chapter6 of Division 4 of the Military and Veterans Code, relating to veterans.An act to add Section 30607.8 to the Public Resources Code, relatingto coastal development, and declaring the urgency thereof, to take effectimmediately.

legislative counsels digest

AB 1570, as amended, Committee on Veterans Affairs Salas.Veterans: service providers. Coastal development: desalination facility.

The California Coastal Act of 1976 provides for the planning andregulation of development, under a coastal development permit process,within the coastal zone, as defned, and authorizes the CaliforniaCoastal Commission to issue permits for, and to regulate, various typesof developments within the coastal zone, including industrialdevelopments and thermal electric generating plants.

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This bill would extend the expiration date of a coastal development permit for a seawater desalination facility that was approved afterJanuary 1, 2007, as specifed, by 12 months and would require thatsuch a permit for a seawater desalination facility would not expire lessthan 3 years from the date on which the commission or the localgovernment approved the project if development has not begun.

The bill would also require that the above extension be implementedwithout additional authorization or action by the commission or thelocal government and that it be in addition to any extension of theexpiration date as provided for in the act, any rules or regulationsadopted pursuant to the act, any local coastal program, applicablecoastal development permit, or any other provision of state law.

This bill would declare that it is to take effect immediately as anurgency statute.

Existing law provides for certain services, protections, and beneftsfor veterans.

This bill would require each entity of state government to givepreference to a qualifed entity, as defned, when awarding a grant for

a project that would provide, or when entering into a contract to provide,social services to veterans. This bill would require a qualifed entity tosubmit with the application for the grant or the bid for the contract acertifcation, as provided, from the Department of Veterans Affairs.This bill would authorize the Department of Veterans Affairs to acceptdonations for the purposes of implementing these provisions and wouldrequire those donations to be deposited into the Veterans Services Fundfor specifed purposes, as appropriated by the Legislature. This billwould also authorize the Department of Veterans Affairs to conductaudits of qualifed entities, as specifed.

Vote: majority 23. Appropriation: no. Fiscal committee: yes no.State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1. Section 30607.8 is added to the Public ResourcesCode, to read:

30607.8. (a) The expiration date of a coastal developmentpermit for a seawater desalination facility approved pursuant tothis division after January 1, 2007, and before the effective dateof this section, which has not expired as of that date, shall beextended by 12 months, and in no event shall that coastal

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development permit for a seawater desalination facility expire lessthan three years from the date on which the commission or localgovernment approved the proposed project if development has notbegun.

(b) The extension provided by subdivision (a) shall beimplemented without any additional authorization or action by

the commission or local government, notwithstanding any provisionto the contrary contained in this division, any rules or regulationsadopted pursuant thereto, any local coastal program adopted pursuant to this division, the applicable coastal developmentpermit, or any other provision of state law.

(c) The extension provided by subdivision (a) shall be in additionto any extension of the expiration date provided for in this division,any rules or regulations adopted pursuant thereto, any localcoastal program adopted pursuant to this division, the applicablecoastal development permit, or any other provision of state law.

SEC. 2. This act is an urgency statute necessary for theimmediate preservation of the public peace, health, or safety within

the meaning of Article IV of the Constitution and shall go intoimmediate effect. The facts constituting the necessity are:

To authorize as soon as possible the continuing development ofdesalination plants that have been approved for the augmentationof the states drinking water supply for the protection of the publichealth, safety, and the environment, it is necessary for this act totake effect immediately.

SECTION 1. Article 8 (commencing with Section 999.75) isadded to Chapter 6 of Division 4 of the Military and VeteransCode, to read:

Article 8. Veterans Preference For State Services Contracts

999.75. For purposes of this article, both of the following shallapply:

(a) A qualifed entity means an entity that provides services,as specifed in subdivision (a) of Section 999.76, to veterans andis capable of managing the grant moneys provided or the contractfunds allocated in a fscally prudent manner, that meets all of thefollowing requirements:

(1) Demonstrates the knowledge, experience, and capacity toprovide desired services to veterans.

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(2) Demonstrates through audits and employment history thefscal and management capacity to capably perform publiccontracts.

(3) Is a nonproft organization that is exempt from federalincome taxation as an organization described in Section 501(c)(3)of the Internal Revenue Code with the primary purpose of

providing services to veterans and their families.(4) Demonstrates that the majority of the entitys resources are

dedicated to serving the needs of veterans and their families.(5) Demonstrates that all required flings with the Secretary of

State, the Attorney Generals offce, and the Franchise Tax Board,are current.

(b) A qualifed entity shall provide to the department all of thefollowing up-to-date documents:

(1) Articles of incorporation, and all amendments to the articlesof incorporation.

(2) IRS Letter of Determination.(3) Taxpayer identifcation number.

(4) Independent audit reports dating back three years.999.76. (a) Notwithstanding any other law, each entity of state

government that awards grants to, or enters into contracts with,nongovernmental agencies shall give preference to a qualifedentity when awarding a grant for a project that would provide toveterans, or when entering into a contract to provide to veterans,social services, including, but not limited to, housing services,mental health services, or employment and job training services.

(b) The qualifed entity shall submit, with the application forthe grant or the bid for the contract, a certifcation from thedepartment.

(c) (1) In order to obtain a certifcation as required bysubdivision (b), the qualifed entity shall apply to the department,in a form and manner as required by the department, forcertifcation of its status as a qualifed entity.

(2) The department shall process and approve or reject allapplications on the basis of the requirements set forth in Section999.75.

(d) The department may conduct an audit of qualifed entitiesthat receive grant funds, as provided by this section, to ensure thegrant funds are being used to serve veterans. The results of anyaudit shall be made available to the public. The department may

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comply with the requirements of this subdivision by posting theresults of any audit on its Internet Web site.

999.77. (a) A certifcation approved by the department shallbe valid for two years from the date the department acceptscredentials for certifcation.

(b) The department may accept current certifcations and licenses

from any other state entity, agency, or department in order toprovide a certifcation to a qualifed entity pursuant to subdivision(b) of Section 99.76.

999.78. The department shall use existing allocated resourcesto implement this article. The department may accept donationsthat shall be deposited into the Veterans Services Fund, which ishereby created in the State Treasury, and which, upon appropriationby the Legislature, shall be used for the purposes of implementingthis article.

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Poseidon AB 1570 Revisions