BILL ANALYSIS Ó
AB 1077
Page 1
ASSEMBLY THIRD READING
AB 1077 (Carter)
As Amended April 28, 2011
Majority vote
WATER, PARKS & WILDLIFE 9-4APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Huffman, Blumenfield, |Ayes:|Fuentes, Blumenfield, |
| |Campos, Fong, Gatto, | |Bradford, Charles |
| |Roger Hernández, Hueso, | |Calderon, Campos, Davis, |
| |Lara, Yamada | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Halderman, Bill |Nays:|Harkey, Donnelly, |
| |Berryhill, Jones, Olsen | |Nielsen, Norby, Wagner |
| | | | |
-----------------------------------------------------------------
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 the State Park and Recreation
Commission determines, after a duly noticed public hearing,
would be incompatible with the historical, cultural or
recreational significance of the park.
2)Provides that a proposed development shall be considered
incompatible if it would conflict with or diminish the existing
use or enjoyment of the park. Requires the State Park and
Recreation Commission, in evaluating whether a proposed
development or use is compatible, to take into account the
benefits to the park and surrounding community, and any
compatible economic benefit, that could result. Provides that a
determination of incompatibility may be appealed to the
Secretary of the Natural Resources Agency.
3)Provides that this prohibition does not apply to a development
in Tulare County that was approved by the County on or before
AB 1077
Page 2
March 1, 2011.
4)Requires the Department of Parks and Recreation (DPR), in
consultation with the State Office of Historic Preservation, to
study the feasibility of recommending that Colonel Allensworth
State Historic Park be recommended for consideration for
designation as a National Historic Landmark (NHL).
5)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. 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.
FISCAL EFFECT :
1)According to the Assembly Appropriations Committee: Minor,
absorbable costs to the DPR to consider proposed land uses
within two-and-a-half miles of the park.
2)Potential costs of an unknown amount resulting from legal
challenges brought by property owners who, as a result of this
bill, are unable to develop their properties as they would like.
COMMENTS : 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 entirely by African Americans.
The small farming community was founded in 1908 by Colonel Allen
AB 1077
Page 3
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. A drive 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 12
years. The park is located north of Bakersfield, 20 miles north of
Wasco on Highway 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 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 author's stated intent with this bill is 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 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. In 2007 Assembly Member Carter introduced
related legislation, AB 576, which would have prohibited operation
of an animal feeding operation within five miles of the Park. AB
AB 1077
Page 4
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 dairies to operate with 12,000 to 16,000 cows and waste
lagoons on lands near the park's periphery. 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
(CEQA). 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 environmental impacts on the adjacent Pixley National
Wildlife Refuge and Allensworth Ecological Reserve. AB 576 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.
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. 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 concerns will
be taken into account by the local agency, or that the lead agency
will require full mitigation of the impacts. This bill seeks
greater protection in the case of Colonel Allensworth State Park,
since merely 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
insufficient protection given the unique state historical and
cultural resources of the Park.
Opponents assert this bill is an attack on local land use policy
AB 1077
Page 5
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 was undefined in the introduced version
of this bill, 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 DPR to voice their
concerns.
Amendments taken in the policy committee clarified the process for
determining whether a particular project is incompatible. Given
the uniqueness and national significance of the Park to the
country as well as the state, this bill also directs DPR to study
the feasibility of recommending that Colonel Allensworth State
Historic Park be considered for designation as an NHL. 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.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0000887