California § 14638

§ 14638.

(a) (1) A recognized nonprofit organization that is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code, and that represents Mexican Americans or Mexican immigrants, may enter into negotiations with the Department of General Services and, where applicable, the state agency with jurisdiction over the proposed state-owned property, as determined by paragraph (2), to plan, construct, and maintain, in accordance with this section, a memorial to Mexican Americans and Mexican immigrants who were forcibly deported from the United States during the Great Depression. (2) The memorial shall be located at an appropriate public place in the City or County of Los Angeles. If the nonprofit organization representing Mexican Americans or Mexican immigrants proposes to locate the memorial on state property, and if the Department of General Services determines that the property is available and suitable for the proposed memorial, the nonprofit organization may enter into negotiations with the Department of General Services and, where applicable, the state agency with jurisdiction over the state property where the memorial is proposed, to utilize the state-owned property. (3) Only one memorial may be constructed pursuant to this section. (b) The Department of General Services and, where applicable, the state agency with jurisdiction over the proposed state property, as determined by paragraph (2) of subdivision (a), in consultation with the nonprofit organization representing Mexican Americans or Mexican immigrants, shall do all of the following: (1) Review the preliminary design plans to identify potential maintenance concerns. (2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and address safety concerns. (3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the memorial. (4) Review final construction documents to ensure that the documents comply with all applicable laws. (5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements. (6) Prepare a maintenance agreement outlining the responsibility of the nonprofit organization representing Mexican Americans or Mexican immigrants for any and all maintenance obligations of the memorial. (7) Inspect all construction performed pursuant to this section by the contractor selected by the nonprofit organization representing Mexican Americans or Mexican immigrants. (c) If a nonprofit organization representing Mexican Americans or Mexican immigrants undertakes responsibility for a memorial pursuant to this section, it shall submit a plan for the memorial to the Department of General Services and, where applicable, the state agency with jurisdiction over the proposed state-owned property, as determined by paragraph (2) of subdivision (a), for its review and approval. The organization shall not begin construction of the memorial until both of the following have occurred: (1) The Department of General Services and, where applicable, the state agency with jurisdiction over the proposed state-owned property, as determined by paragraph (2) of subdivision (a), has approved and adopted the plan for the memorial. (2) The Department of General Services and, where applicable, the state agency with jurisdiction over the proposed state-owned property, as determined by paragraph (2) of subdivision (a), and the Department of Finance have determined that sufficient private funding is available to construct and maintain the memorial. (d) The planning, construction, and maintenance of the memorial, and the cost of reviewing and approving the plan pursuant to subdivision (c), shall be funded exclusively through private funding.