BILL NUMBER: AB 1077	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2011

INTRODUCED BY   Assembly Member Carter
    (   Principal coauthor:   Assembly Member
  John A. Pérez   ) 
    (   Coauthor:   Assembly Member  
Alejo   ) 

                        FEBRUARY 18, 2011

   An act to add Section 5006.10 to the Public Resources Code,
relating to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1077, as amended, Carter. State parks: Colonel Allensworth
State Historic Park.
   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 developing any of the area
within 21/2 miles of the boundary of Colonel Allensworth State
Historic Park in Tulare County in a manner that would be incompatible
with the  historic   historical, cultural,
 or recreational significance of the park  , as provided
 . This prohibition would not apply to a development in Tulare
County that was approved by the county on or before March 1, 2011.
 The bill would also require the department, in consultation with
the State Office   of Historic Preservation, to study the
feasibility of recommending that the park be considered for
designation as a National Historic Landmark. 
   The bill would make legislative findings as to the necessity of a
special statute.
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . 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) The state park system was created for the purposes of
preserving outstanding natural, scenic, and cultural values,
including areas of  historic   historical 
significance.
   (b) The recent centennial of Colonel Allensworth State Historic
Park in Tulare County has brought its state and national significance
to the forefront.
   (c) Given the  natural   unique historical
 and cultural resources present at and around Colonel
Allensworth State Historic Park and the unique environmental and
geological conditions of the area, a 
two-and-one-half-mile-wide   two-and-one-half mile wide
 buffer from an incompatible use is appropriate.
  SEC. 2.  Section 5006.10 is added to the Public Resources Code, to
read: 
   5006.10.  (a) A person shall not develop any of the area within
two-and-one-half miles of the boundary of Colonel Allensworth State
Historic Park in Tulare County in a manner that would be incompatible
with the historic or recreational significance of the park.
   (b) This section does not apply to a development in Tulare County
that was approved by the county on or before March 1, 2011. 

    5006.10.   (a) A person shall not develop any of the
area within two-and-one-half miles of the boundary of Colonel
Allensworth State Historic Park in Tulare County, in a manner that
the State Parks and Recreation Commission determines, after a duly
noticed public hearing, would be incompatible with the historical,
cultural, or recreational significance of the park. A proposed
development or use of the park shall be considered to be incompatible
if it would conflict with, or diminish, the existing use or
enjoyment of the park. In evaluating whether a proposed development
or use is compatible, the commission shall take into account the
benefits to the park and surrounding community and any compatible
economic benefit that could result from the proposed development or
use. A determination by the commission regarding the incompatibility
of any proposed development or use of the park may be appealed to the
Secretary of the Natural Resources Agency.
   (b) The department, in consultation with the State Office of
Historic Preservation, shall study the feasibility of recommending
that Colonel Allensworth State Historic Park be considered for
designation as a National Historic Landmark.
   (c) This section does not apply to a development in Tulare County
that was approved by the county on or before March 11, 2011.
  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
because of the necessity to ensure in perpetuity the unique 
recreational and historic   historical, cultural, and
recreational  significance of Colonel Allensworth State Historic
Park in Tulare County.