Amended in Assembly April 25, 2013

Amended in Assembly April 3, 2013

Amended in Assembly February 5, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 34


Introduced by Assembly Member Roger Hernández

(Coauthors: Assembly Membersbegin insert Alejo,end insert Ammiano,begin insert Perea, V. Manuel end insertbegin insertPérez,end insert Salas, and Ting)

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 resources.

Existing law establishes the State Historical Resources Commission and the California Register of Historical Resources. 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 of Historic Resources 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 of Historic Resources.

This bill would require the office to educate the public on the process required to nominate a resource for listing in the California Register of Historic Resources, 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 of Historic Resources that are associated with the labor and civil rights movements or California’s modern history,begin insert as defined,end insert and recommend to the commission that these resources be nominated for inclusion in the California Register of Historic Resources.

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 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:

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SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) The state park system was created for the purposes of
4preserving outstanding natural and scenic sites of cultural value
5and areas of historical significance.

6(b) Nuestra Señora Reina de La Paz, or La Paz, the farm where
7the late Cesar Chavez lived, was recently named by President
8Obama as a national monument. This designation brings to the
9forefront the deep national significance of the land.

10(c) La Paz, located in Kern County, is a historic and culturally
11significant land that contains both the house in which the late Cesar
12Chavez once lived and his burial site.

13(d) Kern County is home to the origins of the farmworker
14movement and contains several sites associated with the movement,
15including La Paz and the land known as the Forty Acres.

16(e) Currently, the Office of Historic Preservation does not have
17these two sites, or any other site located in Kern County associated
18with the farmworker movement, listed as a state historical
19landmark.

20(f) Further, there is a general deficit of sites and resources listed
21in the California’s Register of Historical Resources that are
22associated with California modern day history and civil rights.

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SEC. 2.  

Section 5024.6 of the Public Resources Code is
2amended to read:

3

5024.6.  

There is in the department the State Office of Historic
4Preservation, which is under the direction of the officer. The office
5shall do all of the following:

6(a) Serve as the staff of the commission in carrying out its
7responsibilities, and as the staff of the officer in carrying out the
8responsibilities of that position.

9(b) Recommend properties of historical significance for
10nomination by the commission for the National Register of Historic
11Places, for registration as historical landmarks and points of
12historical interest, and for listing in the California Register.

13(c) Administer state and federal incentive programs for the
14preservation of historical resources, including the California
15Register.

16(d) Provide information on federal and state benefits for
17preservation projects and enhancement of historical resources.

18(e) Administer grant and loan programs to survey historical
19resources and assist the development and enhancement of these
20resources.

21(f) Assist other state agencies by providing information and
22education on the economic and social benefits of utilizing historical
23resources.

24(g) Provide public education and information on the preservation
25and enhancement of historical resources.

26(h) Provide information and technical assistance to local, state,
27and national organizations to promote preservation and
28enhancement of historical resources by developing model
29ordinances, financial mechanisms, educational programs,
30conferences, workshops, and other materials.

31(i) Cooperate with cultural and ethnic commissions, such as the
32Native American Heritage Commission, or other organizations or
33representatives when projects involve these groups’ concerns.

34(j) Review and comment on the impact on historical resources
35of publicly funded projects and programs undertaken by other
36governmental agencies.

37(k) Review applications for excavation and salvage permits for
38salvage in state waters.

39(l) Assist the State Lands Commission in administering Section
406313.

P4    1(m) Administer the California Register in accordance with
2procedures adopted by the commission.

3(n) Administer and maintain the State Historic Resources
4Inventory in accordance with procedures developed by the office
5and adopted by the commission.

6(o) Administer the California Heritage Fund created pursuant
7to Section 5079.10.

8(p) Educate the public on the process required to nominate a
9resource for listing as a historical resource in the California
10Register pursuant to subdivision (f) of Section 5024.1, with
11particular emphasis on educating the public regarding nominating
12resources associated with the labor movement, the civil rights
13movement, and the state’s modern history.

14(q) By January 1, 2015, identify at least five resources for
15potential inclusion in the California Register that are associated
16with the labor movement, the civil rights movement, or the state’s
17modern history, and recommend to the commission that these
18resources be nominated for inclusion as a historical resource in
19the California Register.

begin insert

20(r) For the purposes of this section, “modern history” means
21history on and after 1940.

end insert
22

SEC. 3.  

Section 5029.6 is added to the Public Resources Code,
23to read:

24

5029.6.  

Notwithstanding Section 5021, the land known as
25Nuestra Señora Reina de La Paz, which includes the home and
26burial site of the late Cesar Chavez, shall be registered as a state
27historical landmark.

28

SEC. 4.  

The Legislature finds and declares that a special law
29is necessary and that a general law cannot be made applicable
30within the meaning of Section 16 of Article IV of the California
31Constitution because of the necessity to ensure in perpetuity the
32unique historical, cultural, and recreational significance of Nuestra
33Señora Reina de La Paz in Kern County.



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