Amended in Senate June 15, 2013

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 Members Alejo, Ammiano, Perea, V. Manuel Pérez, Salas, and Ting)

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(Coauthors: Senators Hueso, Jackson, and Monning)

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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, as defined, 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:

P2    1

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.

P3    1(f) Further, therebegin delete is a general deficit ofend deletebegin insert are relatively fewend insert sites
2and resources listed in thebegin delete California’send deletebegin insert Californiaend insert Register of
3begin delete Historicalend deletebegin insert Historicend insert Resources that are associated withbegin delete California
4modern day historyend delete
begin insert California’s laborend insert and civil rightsbegin insert movements
5and modern historyend insert
.

6

SEC. 2.  

Section 5024.6 of the Public Resources Code is
7amended to read:

8

5024.6.  

There is in the department the State Office of Historic
9Preservation, which is under the direction of the officer. The office
10shall do all of the following:

11(a) Serve as the staff of the commission in carrying out its
12responsibilities, and as the staff of the officer in carrying out the
13responsibilities of that position.

14(b) Recommend properties of historical significance for
15nomination by the commission for the National Register of Historic
16Places, for registration as historical landmarks and points of
17historical interest, and for listing in the California Register.

18(c) Administer state and federal incentive programs for the
19preservation of historical resources, including the California
20Register.

21(d) Provide information on federal and state benefits for
22preservation projects and enhancement of historical resources.

23(e) Administer grant and loan programs to survey historical
24resources and assist the development and enhancement of these
25resources.

26(f) Assist other state agencies by providing information and
27education on the economic and social benefits of utilizing historical
28resources.

29(g) Provide public education and information on the preservation
30and enhancement of historical resources.

31(h) Provide information and technical assistance to local, state,
32and national organizations to promote preservation and
33enhancement of historical resources by developing model
34ordinances, financial mechanisms, educational programs,
35conferences, workshops, and other materials.

36(i) Cooperate with cultural and ethnic commissions, such as the
37Native American Heritage Commission, or other organizations or
38representatives when projects involve these groups’ concerns.

P4    1(j) Review and comment on the impact on historical resources
2of publicly funded projects and programs undertaken by other
3governmental agencies.

4(k) Review applications for excavation and salvage permits for
5salvage in state waters.

6(l) Assist the State Lands Commission in administering Section
76313.

8(m) Administer the California Register in accordance with
9procedures adopted by the commission.

10(n) Administer and maintain the State Historic Resources
11Inventory in accordance with procedures developed by the office
12and adopted by the commission.

13(o) Administer the California Heritage Fund created pursuant
14to Section 5079.10.

15(p) Educate the public on the process required to nominate a
16resource for listing as a historical resource in the California
17Register pursuant to subdivision (f) of Section 5024.1, with
18particular emphasis on educating the public regarding nominating
19resources associated with the labor movement, the civil rights
20movement, and the state’s modern history.

21(q) By January 1, 2015, identify at least five resources for
22potential inclusion in the California Register that are associated
23with the labor movement, the civil rights movement, or the state’s
24modern history, and recommend to the commission that these
25resources be nominated for inclusion as a historical resource in
26the California Register.

27(r) For the purposes of this section, “modern history” means
28history on and after 1940.

29

SEC. 3.  

Section 5029.6 is added to the Public Resources Code,
30to read:

31

5029.6.  

Notwithstanding Section 5021, the land known as
32Nuestra Señora Reina de La Paz, which includes the home and
33burial site of the late Cesar Chavez, shall be registered as a state
34historical landmark.

35

SEC. 4.  

The Legislature finds and declares that a special law
36is necessary and that a general law cannot be made applicable
37within the meaning of Section 16 of Article IV of the California
38Constitution because of the necessity to ensure in perpetuity the
P5    1unique historical, cultural, and recreational significance of Nuestra
2Señora Reina de La Paz in Kern County.



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