(a) (1) Pursuant to Section 1412, the department, in voluntary cooperation with local government entities in the County of Orange, shall acquire, study, design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery, which shall be located at either 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 Orange County Great Park in the City of Irvine or at the approximately 100 acres known as the Golf Course Site in the Orange County Great Park in the City of Irvine, as described and adopted by the City Council of the City of Irvine at the July 23, 2019, special joint meeting. The department shall, after completing acquisition studies on both sites, consult with the Department of General Services to determine which site to pursue based on the economic feasibility, benefits to veterans and City of Irvine residents, and availability of each location.

(2) The department shall oversee and coordinate the acquisition, study, design, development, and construction of the cemetery.

(3) For purposes of this chapter, “department” shall mean the Department of Veterans Affairs.

(b) (1) Subject to the eligibility requirements described in Section 2402 of Title 38 of the United States Code, as it may be amended, honorably discharged veterans and their spouses and eligible dependent children are eligible for interment in the cemetery. The department shall establish a fee to be charged for interment of veteran spouses and eligible dependent children. The amount of the fee shall not exceed the reasonable costs to the department for interment in the cemetery.

(2) Subject to Section 1418, for the purposes of this subdivision, the department shall adopt regulations to specify the eligibility requirements for interment in the cemetery.

(3) All fees received pursuant to paragraph (1) shall be deposited in the Southern California Veterans Cemetery Perpetual Maintenance Fund created pursuant to Section 1412.

(Amended by Stats. 2019, Ch. 284, Sec. 2. (AB 368) Effective January 1, 2020.)