BILL ANALYSIS Ó
AB 34
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Date of Hearing: April 2, 2013
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
AB 34 (Hernández, Roger) - As Amended: February 5, 2013
SUBJECT : State historical resources
SUMMARY : Establishes Nuestra Señora Reina de La Paz (La Paz)
in Kern County as a state historical landmark and prioritizes
outreach and education regarding, and state recognition of,
historical resources associated with modern history and social
movements. Specifically, this bill :
1)Requires the State Office of Historic Preservation (OHP) to
conduct public outreach and education regarding the process
for nominating sites for listing in the California Register of
Historical Resources (California Register), especially
resources associated with "the labor movement, the civil
rights movement, and the state's modern history."
2)Requires OHP to identify at least five resources "associated
with the labor movement, the civil rights movement, and the
state's modern history" and to recommend these resources to
the State Historical Resources Commission (Commission) for
inclusion in the California Register.
3)Establishes La Paz as a state historical landmark.
EXISTING LAW :
1)Establishes the California Register as the authoritative guide
to the state's significant historical and archeological
resources.
2)Provides three ways in which a historical resource is
automatically listed in the California Register: formal
eligibility for or listing in the National Register of
Historic Places; designation as a California Historical
Landmark numbered 770 or higher; or designation as a
California Point of Historical Interest in or after January
1998.
3)Provides that the California Register may also include other
types of historical resources, including California Historical
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Landmarks numbered 769 or lower, that the Commission
determines are significant based upon the criteria listed in
Public Resources Code:
(1) Is associated with events that have made a
significant contribution to the broad patterns of
California's history and cultural heritage.
(2) Is associated with the lives of persons important in
our past.
(3) Embodies the distinctive characteristics of a type,
period, region, or method of construction, or represents
the work of an important creative individual, or
possesses high artistic values.
(4) Has yielded, or may be likely to yield, information
important in prehistory or history.
1)Authorizes the Commission to adopt procedures governing
nominations of resources for listing in the California
Register.
2)Defines California Historical Landmarks as sites, buildings,
features, or events of statewide significance and value.
Provides that to be considered a California Historical
Landmark a resource must meet at least one of the following
criteria:
a) The property is the first, last, only, or most
significant historical property of its type in the
region;
b) The property is associated with an individual or group
having a profound influence on the history of California;
or
c) The property is a prototype of, or an outstanding
example of, a period, style, architectural movement, or
construction, or if it is one of the more notable works,
or the best surviving work, in a region of a pioneer
architect, designer, or master builder
FISCAL EFFECT : Unknown
COMMENTS :
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Site Background : Nuestra Señora Reina de La Paz, which
translates to "Our Lady Queen of Peace," is a 187-acre farm in
Kern County east of Bakersfield. The property was the site of
housing for workers in a nearby rock quarry from 1913 to 1917.
Stony Brook Retreat, a tuberculosis sanatorium, operated on the
property until 1967. In 1970, the National Farm Workers Service
Center Inc. acquired the property. Shortly thereafter,
farmworker and civil rights leader Cesar Chavez relocated both
the United Farm Workers of America's headquarters and his
personal residence to La Paz. Today, the site encompasses
Chavez's home, a memorial garden containing his grave, a visitor
center, the United Farm Workers of America's legal aid offices,
and other structures and buildings.
On May 19, 2011, as part of its consent calendar, the Commission
nominated La Paz for inclusion in the National Register of
Historic Places at the national level of significance. On
August 30, 2011, La Paz was listed on the National Register of
Historic Places. Existing California law and regulations
provide that all sites on the national register are
automatically included on the California Register. Therefore,
La Paz is currently listed in the California Register. On
October 8, 2012, President Obama dedicated a portion of La Paz
as the Cesar E. Chavez National Monument. Although La Paz is
recognized and listed as a historic resource at both the state
and federal level, it is not currently listed as a California
Historical Landmark.
Agency Structure : Within the Department of Parks and Recreation,
OHP is responsible for administering federal and state historic
preservation programs to further the identification, evaluation,
registration, and protection of California's irreplaceable
archaeological and historical resources. At the direction of
the Commission and the State Historic Preservation Officer
(Officer), OHP's Registration Unit administers the National
Register of Historic Places nomination, California Historic
Landmark, California Historical Point of Interest, and
California Register programs.
The Commission is a nine-member state review board, appointed by
the Governor. The Commission is responsible for identifying,
registering, and preserving California's cultural heritage. The
Commission recommends resources for inclusion under the state
and national registration programs for historical resources.
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The Officer serves as the Executive Secretary to the Commission.
The Officer assists the Commission in accomplishing its goals
and duties by developing and administering a program of public
information, education, training, and technical assistance. The
Officer is also responsible for developing the Commission's
administrative framework and for implementing the Commission's
preservation programs and priorities.
Nomination Process : The California Historical Landmark
nomination and listing process normally begins with a member of
the public's completion of a Nomination Packet and associated
"DPR 523 Forms." A complete application includes written
consent from the owner of the property upon which the resource
is located. Following receipt of a complete application and the
property owner's consent, OHP will refer the application to the
Commission. The local government in which the resource is
located has 60 days in which to comment on the application
before hearing. At its public hearings, the Commission may,
considering OHP's recommendation and the program's established
criteria, recommend registration of the resource to the Director
of California State Parks, who has final approval authority.
The California Historical Points of Interest criteria and
process mirror those of California Historical Landmarks, except
that Points of Interest are primarily of local significance.
The nomination process for listing other resources in the
California Register applies different criteria and requires the
applicant to provide notice and a 90-day comment period to the
relevant local government before submitting the application.
Although OHP does not initiate nominations, its Registration
Unit does provide applicants with assistance in writing and
submitting nominations.
The Commission's regulations state that properly assessing the
historical significance of resources requires sufficient time.
Under current regulations, a resource less than fifty years old
may be considered for listing in the California Register "if it
can be demonstrated that sufficient time has passed to
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understand its historical importance." The Commission has
provided outreach, education, and assistance resulting in the
nomination and designation of historical resources that meet
this bill's criteria. Recently, OHP devoted $100,000 towards
the development of a historical context about the history of
Latinos in California in the 20th Century. Such a historical
context allows applicants to more easily prepare a nomination
for a particular property associated with the theme. OHP has
collaborated with the U.S. National Park Service (NPS) on NPS's
Latino Heritage Initiative, which, among other things,
contributed to the nomination and designation of La Paz as a
National Historic Landmark. OHP has also recently teamed with
NPS on a pilot project in San Joaquin County involving
collaboration with diverse communities in identifying and
sharing information about local cultural and historical
resources. Dispute remains regarding the adequacy of these
efforts, as well as of present recognition of historical
resources meeting the criteria listed in this bill.
Author's Statement : The author states that this bill is a
response to the state's general lack of recognition of
historical resources associated with the labor movement, civil
rights movement, and modern history. According to the author,
the OHP "does not list any state historic landmark on the
California Register that is associated with the farmworker
movement in Kern County, the heart of the farmworker movement."
This bill includes findings that neither La Paz nor any other
Kern County site associated with the farmworker movement is
registered as a state historical landmark. The findings also
state that there is a "general deficit" in the California
Register of historical resources associated with "modern day
history and civil rights."
Related Legislation : Several joint resolutions have called upon
the U.S. National Parks Service to recognize particular sites as
national historic landmarks. No California Historical Landmarks
or other historical resources listed in the California Register
have been established through legislation. Authority for
administering state registration programs for historical
resources has been delegated to the Department of Parks and
Recreation and its sub-entities, OHP and the Commission.
Support Arguments : Supporters encourage the recognition of La
Paz as a state historical landmark. Notably, Paul F. Chavez,
son of Cesar Chavez and President of the Cesar Chavez Foundation
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stated that recognition of La Paz as a state historical landmark
is "fitting and proper" in light of the site's national
recognition.
Issues for the Committee's Consideration :
1)Proposed amendments : Author has agreed to the following
amendments:
a) For clarity, the Committee may wish to consider
amending the proposed language for Public Resources Code
section 5024.6, subdivision (q) to read:
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 or the state's modern history,
and recommend to the commission that these resources
be nominated for inclusion as a historical resources
in the California Register.
b) Because La Paz is already included in the California
Register by virtue of its inclusion in the National
Register of Historic Places, the Committee may wish to
consider amending the proposed language for Public
Resources Code section 5029.6 to read:
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.
1)Special Law : Subdivision (b) of Section 16 of Article IV of
the California Constitution reads, "A local or special statute
is invalid in any case if a general statute can be made
applicable." This bill states that a special law is required
in this instance "because of the necessity to ensure in
perpetuity the unique historical, cultural, and recreational
significance" of La Paz. However, La Paz's current listing in
the National Register of Historic Places and its consequent
listing in the California Register confer state protections
equivalent to protections for California Historical Landmarks.
Additionally, La Paz and other resources listed on the
National Register of Historic Places are eligible for certain
federal tax benefits and receive additional protections in
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federal projects. Designation as a California Historical
Landmark would, however, entitle the site to a commemorative
bronze plaque, as well as a highway directional marker.
REGISTERED SUPPORT / OPPOSITION :
Support
CAFÉ DE California
California Communities United Institute
Cesar Chavez Foundation
Opposition
None on file.
Analysis Prepared by : Steve Westhoff / W., P. & W. / (916)
319-2096