BILL NUMBER: AB 576	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2007
	AMENDED IN ASSEMBLY  APRIL 12, 2007

INTRODUCED BY   Assembly Members Carter, Bass, Davis, Dymally, Price,
Richardson, and Swanson
   (Principal coauthors: Senators Florez, Ridley-Thomas, and Vincent)

   (Coauthors: Assembly Members Beall,  Coto,  De Leon,
Huffman, Krekorian,  Lieu,  Parra,  and Portantino
  Portantino,   Salas,   Torrico,
  and Wolk  )
   (Coauthor: Senator Kehoe)

                        FEBRUARY 21, 2007

   An act to add Section 5001.67 to the Public Resources Code,
relating to state parks, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 576, as amended, Carter. Colonel Allensworth State Historic
Park: proximity to animal feeding operations.
   Existing law provides for a state park system of which the Colonel
Allensworth State Historic Park in Tulare County is a unit.
   This bill would prohibit a person from having an animal feeding
operation, or  a  concentrated animal feeding operation
 project site  , within 2.5 miles of the boundary of
Colonel Allensworth State Historic Park in Tulare County. This
prohibition would not apply to an existing animal feeding operation
or concentrated animal feeding operation project site in Tulare
County.
   The bill would make legislative findings as to the necessity of a
special statute.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) It is important that the state's natural resources, including
state parks and other places of ecological, cultural, and historical
significance, be protected.
   (b) The location of an animal feeding operation or concentrated
animal feeding operation in proximity to a state park presents a
danger to the public health and safety, because of the potential harm
to groundwater and the creation of a nuisance from the resulting
stench and insects.
   (c) The planned location of animal feeding operations or
concentrated animal feeding operations in proximity to Colonel
Allensworth State Historic Park in Tulare County presents an
incompatible land use. These facilities would be directly adjacent to
the Department of Parks and Recreation's Allensworth Ecological
Reserve and associated mitigation parcels, and just south of the
Pixley National Wildlife Refuge. The facilities are likely to take
state and federally listed species of special concern and concern.
There is likely to be degradation of groundwater that may be
hydrologically and hydraulically connected to surface waters,
wetlands, or riparian habitat, due to the very shallow first
encounter groundwater and the salts, nitrates, and other constituents
of concern of the over 16,000 dairy cows.
  SEC. 2.  Section 5001.67 is added to the Public Resources Code, to
read:
   5001.67.  (a) For purposes of this section, the following
definitions apply:
   (1) "Animal feeding operation" means the same as defined in
Section 122.23(b)(1) of Title 40 of the Code of Federal Regulations.
   (2) "Concentrated animal feeding operation" means the same as
defined in Section 122.23(b)(2) of Title 40 of the Code of Federal
Regulations.
   (b) A person shall not have an animal feeding operation or  a
 concentrated animal feeding operation project site within two
and one-half miles of the boundary of Colonel Allensworth State
Historic Park in Tulare County.
   (c) This section does not apply to an existing animal feeding
operation  project site  or concentrated animal
feeding operation in Tulare County.
   SEC. 3.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution as a result of the planned location of
confined animal facilities within proximity to Colonel Allensworth
State Historic Park in Tulare County. 
   SEC. 3.   SEC. 4.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to prevent a danger to the public health and safety and
abate the creation of a nuisance from the location of animal feeding
operations or concentrated animal feeding operations in proximity to
the boundary of Colonel Allensworth State Historical Park in Tulare
County as soon as possible, it is necessary that this act take effect
immediately. 
  SEC. 4.    The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution as a result of the planned location of
confined animal facilities within proximity to Colonel Allensworth
State Historic Park in Tulare County.