BILL ANALYSIS Ó
AB 1077
Page 1
Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 1077 (Carter) - As Introduced: February 18, 2011
SUBJECT : Colonel Allensworth State Historic Park
SUMMARY : Prohibits a person from developing any of the area
within 2 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. Specifically, this bill :
1)Prohibits a person from developing any of the area within 2
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.
2)Provides that this prohibition does not apply to a development
in Tulare County that was approved by the county on or before
March 1, 2011.
3)Makes Legislative findings and declarations regarding the
purpose of the state park system and the state and national
significance of Colonel Allensworth State Historic Park.
EXISTING LAW :
1)Provides for the California State Park system, of which the
Colonel Allensworth State Historic Park is a unit. The
Department of Parks & Recreation (DPR) is responsible for
administering, protecting, developing and interpreting the
property of the state park system for the use and enjoyment of
the public.
2)States that the purpose of state parks is to preserve
outstanding natural, scenic and cultural values, indigenous
aquatic and terrestrial fauna and flora, and the most
significant examples of ecological regions of California.
Each state park is required to be managed as a whole to
restore, protect, and maintain its native environmental
complexes to the extent compatible with the primary purpose
for which the park was established.
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FISCAL EFFECT : Unknown
COMMENTS :
Background : The Colonel Allensworth State Historic Park was set
aside to preserve and honor a unique part of California's
history at the town of Allensworth. Allensworth is the only
California town founded, financed and governed by African
Americans. The small farming community was founded in 1908 by
Colonel Allen Allensworth and others dedicated to improving the
economic and social status of African Americans. Uncontrollable
circumstances, including a drop in the area's water table, the
onset of the Great Depression, and arsenic contamination of
groundwater wells, led to the town's demise. With continuing
restoration the town is coming back to life as a state historic
site. The park is located north of Bakersfield, 20 miles north
of Wasco on Hwy 43. The grounds include a schoolhouse that
dates back to 1915, Colonel Allensworth's home, a Memorial
library, a Baptist Church and other historical buildings. The
park also includes a campground and picnic area. Rededication
activities are held throughout the year to commemorate the
park's history.
Colonel Allensworth was born into slavery in 1842. When he was
12 years old he was sold to slave traders as punishment for
trying to learn to read and write. When the Civil War started,
Colonel Allensworth escaped and joined the Navy. While serving
in the Civil War he achieved the rank of first class petty
officer. In 1871 he was ordained a Baptist minister, served at
the Union Baptist Church in Cincinnati, and was later appointed
as an army chaplain for the 24th infantry. A devotee of the
principles of Booker T. Washington, Colonel Allensworth lectured
and promoted his philosophy that African Americans should
succeed through hard work, independence and self-determination.
He came west to California and founded the colony of Allensworth
in 1908 to fulfill his vision of establishing a place where
African Americans could escape discrimination and live and
thrive without persecution. The town grew after only a few
years to over 200 inhabitants and became a voting precinct and a
judicial district in 1914. Colonel Allensworth died in 1914
after being struck by a motorcycle and was buried with full
military honors.
The town declined after the local water supply dried up and the
Great Depression hit the whole country in the 1930s. A drive
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began in the 1970s to save the town which was listed on the
National Registry of Historic Sites and became a State Historic
Park in 1976. The State has invested over $8 million on capital
improvements to the park in the past twelve years.
Author's Statement : The author with this bill seeks to support
growth and economic development around Colonel Allensworth State
Historic Park, while also protecting the cultural and historical
integrity of the park. The author notes that land use decisions
are complex and involve input from many different stakeholders,
and that while land use decisions are made largely at the local
level, the state's responsibility and right to intervene where
state interests are impacted is essential. Supporters of
related legislation introduced in 2007 emphasized the uniqueness
of Colonel Allensworth State Historic Park, its importance to
African American history, and its value as a source of
inspiration for people of all races. Given the great importance
of the park and the state interests at stake, they urged that
the park should not be jeopardized by the decisions of one local
government, but should be safeguarded for all Californians.
Related Legislation : In 2007 Assembly Member Carter introduced
AB 576 which would have prohibited operation of an animal
feeding operation or concentrated animal feeding operation
within 5 miles of Colonel Allensworth State Historic Park. AB
576 was introduced in response to a proposal to develop two
large dairies on lands adjacent to the park. On March 20, 2007
the Tulare County Board of Supervisors voted to approve a final
environmental impact report (EIR) and special use permit to
allow the Etchegaray Dairies to operate. The projects would
have allowed 12,000 to 16,000 cows and waste lagoons on lands
near the park's periphery. Tulare County is currently one of
the largest milk producing counties in the country, with over
300 existing dairies. During the comment phase for the draft
EIR on the dairies several state and federal agencies, including
DPR, submitted comments raising significant concerns with the
proposed project. DPR in particular raised concerns about
adverse environmental impacts on state historic park resources,
including anticipated aesthetic impacts from odors, flies and
manure-laden dust. On April 19, 2007 the California Attorney
General filed a lawsuit against the county alleging violations
of the California Environmental Quality Act. The suit alleged
that the EIR failed to meaningfully evaluate the impact on the
unique historical resources and setting of Colonel Allensworth
State Historic Park, and did not adequately address
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environmental impacts on the adjacent Pixley National Wildlife
Refuge and Allensworth Ecological Reserve. AB 576 was heard in
this committee and passed both houses of the Legislature, but
before it was sent to the Governor, the Governor and DPR
negotiated a compromise with the landowners that involved the
purchase of a conservation easement by the state over the land
in question which prohibited use of the land for a dairy
operation.
Support Arguments : Supporters of this bill note the uniqueness
of Colonel Allensworth State Historic Park, its importance to
African American history, and its value as a source of
inspiration for people of all races. Given the great importance
of this unique park, supporters urge that the park should not be
jeopardized but should be safeguarded for all Californians.
Opposition Arguments : Opponents assert this bill is an attack
on local land use policy and an attempt by the state to usurp
control from local government for land use decisions. Some
opponents object to the term "incompatible use" which is
undefined, and argue that current law provides opportunity for
affected persons to have their views known through public
hearings before the local board of supervisors and for the State
Department of Parks and Recreation to voice their concerns.
Issues for the Committee's consideration : While state agencies
may have an opportunity to submit comments through the CEQA
process on the impacts of proposed projects on state resources,
the ability to comment does not necessarily ensure that the
state's concern will be taken into account by the lead agency,
or that the lead agency will require full mitigation of the
impacts. The committee may wish to consider whether just having
the State able to voice its concerns to the local agency,
without the ability to stop developments that would
significantly impact adjacent state historical park resources,
is sufficient to protect the unique state historical and
cultural park resources that are at stake in this instance.
If the committee choses to approve this bill, the committee may
wish to consider amendments clarifying the process for
determining whether a particular project is "incompatible",
emphasizing the uniqueness of Colonel Allensworth State Park,
and acknowledging the potential benefits of compatible economic
development, as follows:
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Amend Page 2, lines 7 through 18 to read as follows:
(c) Given the unique natural 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 buffer from an incompatible
use is appropriate.
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
Park and Recreation Commission determines, after a duly noticed
public hearing, would be incompatible with the historic or
recreational significance of the park. A use shall be
considered incompatible if it would conflict with or diminish
the use or enjoyment of the park. In evaluating whether a
project is compatible, the Commission shall take into account
the benefits to the park and surrounding community that
compatible economic development could provide. A determination
of incompatibility by the State Park and Recreation Commission
may be appealed to the Secretary of the Natural Resources
Agency.
Given the uniqueness and national significance of Colonel
Allensworth State Historic Park to the country as well as the
state, the author may also want to consider an amendment
encouraging the park be considered for possible designation as a
National Historic Landmark (NHL) or National Historic Landmark
District. Currently, the park is listed on the national
registry of historic sites, but has not been recognized as an
NHL. NHL's are a special subset of historic sites that have
national significance and represent a unique piece of American
history. NHLs are federally designated by the Secretary of the
Interior after a review process administered by the National
Park Service pursuant to federal regulations. Recommendations
for sites to be reviewed for potential NHL designation may be
made by state officials. Currently there are 136 NHLs in
California, including several in State Historic Parks. Examples
include Monterey State Historic Park, Jack London Ranch at Jack
London State Historic Park, the Petaluma Adobe House at Petaluma
Adobe State Historic Park, and Donner Camp at Donner State
Historic Park. The amendment could direct the Department of
Parks & Recreation, in consultation with the State Office of
Historic Preservation, to study the feasibility of recommending
that Colonel Allensworth State Historic Park be considered for
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designation as a National Historic Landmark.
REGISTERED SUPPORT / OPPOSITION :
Support
Friends of Allensworth
Opposition
American Council of Engineering Companies of California
Tulare County Farm Bureau
Visalia Chamber of Commerce
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096