Amended in Assembly February 5, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 34

Introduced by Assembly Member Roger Hernández

December 3, 2012

An act to begin insert amend Section 5024.6 of, and to end insert add Section 5029.6 to begin insert , end insert the Public Resources Code, relating to historical resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 34, as amended, Roger Hernández. begin delete State historical landmark: Nuestra Señora Reina de La Paz Land: Cesar Chavez end delete begin insert State historical resources. end insert

Existing law establishes the State Historical Resources Commission and the California Register of Historical Resources begin insert (California Register) end insert . Existing law requires the Department of Parks and Recreation to consider all recommendations for registration made by the commission, and requires the department to register, as state historical landmarks, those buildings, structures, sites, or places that the department deems to be important historical resources.

begin insert

Existing law authorizes a resource to be nominated for listing as a historical resource in the California Register in accordance with specified nominating procedures. Existing law establishes the State Office of Historic Preservation and requires the office to perform certain duties, including recommending properties of historical significance for nomination by the commission for, among other things, listing in the California Register.

end insert begin insert

This bill would require the office to educate the public on the process required to nominate a resource for listing in the California Register, as provided. The bill would also require the office, by January 1, 2015, to identify at least 5 resources for potential inclusion in the California Register that are associated with the labor and civil rights movements and California’s modern history, and recommend to the commission that these resources be nominated for inclusion in the California Register.

end insert

This bill would require the land known as Nuestra Señora Reina de La Paz, which includes the home and burial site of the late Cesar Chavez, to be registered in the California Register begin delete of Historical Resources end delete as a state historical landmark.

This bill would make legislative findings and declarations as to the necessity of a special statute.

Vote: majority. Appropriation: no. Fiscal committee: 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 and scenic sites of cultural begin delete valve end delete
begin insert value end insert and areas of historical significance.

(b) Nuestra Señora Reina de La Paz, or La Paz, the farm where
the late Cesar Chavez lived, was recently named by President
Obama as a national monument. This designation brings to the
forefront the deep national significance of the land.

(c) La Paz, located in Kern County, is a historic and culturally
significant land that contains both the house in which the late Cesar
Chavez once lived and his burial site.

(d) Kern County is home to the origins of the farmworker
movement and contains several sites associated with the movement,
including La Paz and the land known as the Forty Acres.

(e) Currently, the Office of Historic Preservation does not have
these two sites, or any other site located in Kern County associated
with the farmworker movement, listed as a state historical
landmark.

(f) Further, there is a general deficit of sites and resources listed
in the California’s Register of Historical Resources that are
associated with California modern day history and civil rights.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 5024.6 of the end insert begin insert Public Resources Code end insert begin insert is end insert
begin insert amended to read: end insert

5024.6.  

There is in the department the State Office of Historic
Preservation, which is under the direction of the officer. The office
shall do all of the following:

(a) Serve as the staff of the commission in carrying out its
responsibilities, and as the staff of the officer in carrying out the
responsibilities of that position.

(b) Recommend properties of historical significance for
nomination by the commission for the National Register of Historic
Places, for registration as historical landmarks and points of
historical interest, and for listing in the California Register.

(c) Administer state and federal incentive programs for the
preservation of historical resources, including the California
Register.

(d) Provide information on federal and state benefits for
preservation projects and enhancement of historical resources.

(e) Administer grant and loan programs to survey historical
resources and assist the development and enhancement of these
resources.

(f) Assist other state agencies by providing information and
education on the economic and social benefits of utilizing historical
resources.

(g) Provide public education and information on the preservation
and enhancement of historical resources.

(h) Provide information and technical assistance to local, state,
and national organizations to promote preservation and
enhancement of historical resources by developing model
ordinances, financial mechanisms, educational programs,
conferences, workshops, and other materials.

(i) Cooperate with cultural and ethnic commissions, such as the
Native American Heritage Commission, or other organizations or
representatives when projects involve these groups’ concerns.

(j) Review and comment on the impact on historical resources
of publicly funded projects and programs undertaken by other
governmental agencies.

(k) Review applications for excavation and salvage permits for
salvage in state waters.

(l) Assist the State Lands Commission in administering Section
6313.

(m) Administer the California Register in accordance with
procedures adopted by the commission.

(n) Administer and maintain the State Historic Resources
Inventory in accordance with procedures developed by the office
and adopted by the commission.

(o) Administer the California Heritage Fund created pursuant
to Section 5079.10.

begin insert

(p) Educate the public on the process required to nominate a
resource for listing as a historical resource in the California
Register pursuant to subdivision (f) of Section 5024.1, with
particular emphasis on educating the public regarding nominating
resources associated with the labor movement, the civil rights
movement, and the state’s modern history.

end insert begin insert

(q) By January 1, 2015, identify at least five resources for
potential inclusion in the California Register that are associated
with the labor movement, the civil rights movement, and the state’s
modern history, and recommend to the commission that these
resources be nominated for inclusion as a historical resource in
the California Register.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 5029.6 is added to the Public Resources Code,
to read:

5029.6.  

Notwithstanding Section 5021, the land known as
Nuestra Señora Reina de La Paz, which includes the home and
burial site of the late Cesar Chavez, shall be registered in the
California Register as a state historical landmark.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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 historical, cultural, and recreational significance of Nuestra
Señora Reina de La Paz in Kern County.