BILL NUMBER: AB 34 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 5, 2013
INTRODUCED BY Assembly Member Roger Hernández
DECEMBER 3, 2012
An act to amend Section 5024.6 of, and to add Section
5029.6 to , the Public Resources Code, relating to
historical resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 34, as amended, Roger Hernández. State historical
landmark: Nuestra Señora Reina de La Paz Land: Cesar Chavez
State historical resources.
Existing law establishes the State Historical Resources Commission
and the California Register of Historical Resources (California
Register) . 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.
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.
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.
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 of
Historical Resources 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
valve value 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.
SEC. 2. Section 5024.6 of the Public
Resources Code is amended to read:
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.
(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.
(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.
SEC. 2. SEC. 3. 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.
SEC. 3. 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 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.