Amended in Senate July 8, 2013

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 Bill No. 34

Introduced by Assembly Member Roger Hernández

(Coauthors: Assembly Members Alejo, Ammiano, Perea, V. Manuel Pérez, Salas, and Ting)

(Coauthors: Senators Hueso, Jackson, and Monning)

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 begin delete Historic end delete begin insert Historical end insert Resources in accordance with specified nominating procedures. Existing law establishes the State Office of begin delete Historic end delete begin insert Historical end insert 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 begin delete Historic end delete begin insert Historical end insert Resources, as provided. The bill would also require the office, by January 1, 2015, to identify begin delete at least 5 resources for potential inclusion in the California Register of Historic Resources that are associated end delete begin insert publicly owned resources that may be appropriate for potential listing as historical resources, historical landmarks, or points of historical interest for their association end insert with the labor and civil rights movements or California’s modern history, as defined, and begin delete recommend to the commission that these resources be nominated for inclusion in the California Register of Historic Resources. end delete begin insert report its findings to the commission. 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 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 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 begin delete are relatively few sites and resources listed in
the California Register of Historic Resources end delete begin insert is a desire to
recognize more historical sites as historical resources, historical
landmarks, and points of historical interest end insert that are associated with
California’s labor and civil rights movements and modern history.

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 begin delete history. end delete begin insert history by providing
information in its quarterly newsletter or other appropriate
publications, and on the State Office of Historic Preservation’s
internet Web site. end insert

(q) By January 1, 2015, identify begin delete at least five resources for
potential inclusion in the California Register that are associated end delete
begin insert publicly owned resources that may be appropriate for potential
listing as historical resources, historical landmarks, or points of
historical interest for their association end insert with the labor movement,
the civil rights movement, or the state’s modern begin delete history, and
recommend to the commission that these resources be nominated
for inclusion as a historical resource in the California Register. end delete
begin insert history. The State Office of Historic Preservation shall report its
findings to the commission. end insert

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

SEC. 3.  

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

5029.6.  

Notwithstanding begin insert the nomination process established
pursuant to end insert 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 as a state historical landmark.

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.