BILL ANALYSIS Ó
AB 34
Page 1
ASSEMBLY THIRD READING
AB 34 (Roger Hernández)
As Amended April 25, 2013
Majority vote
WATER, PARKS & WILDLIFE 10-5
APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Rendon, Blumenfield, |Ayes:|Gatto, Bocanegra, |
| |Bocanegra, Fong, Frazier, | |Bradford, |
| |Gatto, Gomez, Gray, | |Ian Calderon, Campos, |
| |Yamada, Bloom | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, |
| | | |Ammiano |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bigelow, Allen, Dahle, |Nays:|Harkey, Bigelow, |
| |Beth Gaines, Patterson | |Donnelly, Linder, Wagner |
| | | | |
| | | | |
-----------------------------------------------------------------
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, or the
state's modern history and to recommend these resources to the
State Historical Resources Commission (Commission) for
inclusion in the California Register. Defines modern history
for this purpose as history on and after 1940.
3)Establishes La Paz as a state historical landmark.
EXISTING LAW :
AB 34
Page 2
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
Landmarks numbered 769 or lower, that the Commission
determines are significant based upon the following criteria:
a) is associated with events that have made a significant
contribution to the broad patterns of California's history and
cultural heritage; b) is associated with the lives of persons
important in our past; c) embodies the distinctive
characteristics of a type, period, region, or method of
construction, represents the work of an important creative
individual, or possesses high artistic values; or d) has
yielded, or may be likely to yield, information important in
prehistory or history.
4)Authorizes the Commission to adopt procedures governing
nominations of resources for listing in the California
Register.
5)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.
AB 34
Page 3
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable administrative costs to the
Department of Parks and Recreation (DPR).
COMMENTS : 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.
Within DPR, 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,
AB 34
Page 4
registering, and preserving California's cultural heritage. The
Commission recommends resources for inclusion under the state
and national registration programs for historical resources.
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.
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 DPR, 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.
AB 34
Page 5
Under current regulations, a resource less than 50 years old may
be considered for listing in the California Register if it can
be demonstrated that sufficient time has passed to 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 United States (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 present recognition of historical resources
meeting the criteria listed in this bill.
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.
Several past 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 DPR and its sub-entities, OHP and the Commission.
Supporters encourage the recognition of La Paz as a state
historical landmark. Notably, Paul F. Chavez, son of Cesar
AB 34
Page 6
Chavez and President of the Cesar Chavez Foundation stated that
recognition of La Paz as a state historical landmark is fitting
and proper in light of the site's national recognition.
Subdivision (b) of Section 16 of Article IV of the California
Constitution provides that 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.
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 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.
Analysis Prepared by : Steve Westhoff and Diane Colborn / W.,P.
& W. / (916) 319-2096
FN: 0000254