Senate BillNo. 659


Introduced by Senator Hancock

February 22, 2013


An act to amend Section 5020.4 of the Public Resources Code, relating to the State Historical Resources Commission.

LEGISLATIVE COUNSEL’S DIGEST

SB 659, as introduced, Hancock. Archaeologists: recommended qualifications.

Existing law prescribes the different qualifications that are required of various professions and vocations, including geologists and geophysicists.

Existing law establishes the State Historical Resources Commission and requires the commission, among other things, to develop and adopt criteria for the rehabilitation of historic structures, recommend to the Department of Parks and Recreation the criteria and standards for acceptance of historical buildings, structures, sites, or places for registration as historical landmarks or points of historical interest, and to develop criteria and methods for determining the significance of archaeological sites.

This bill would permit the State Historical Resources Commission to develop and adopt standards for evaluating the qualifications of an archaeologist that may be useful when hiring, employing, obtaining, consulting with, or otherwise selecting an archaeologist and, in developing and adopting these standards, would require the commission to consider, at a minimum, education, training, and experience. This bill would provide that an archaeologist who does not meet the standards prescribed by the commission shall not be prohibited from engaging in the practice of archaeology if the archaeologist has otherwise met the applicable requirements.

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.  

Section 5020.4 of the Public Resources Code is
2amended to read:

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5020.4.  

(a) The commission shall do all of the following:

4(1) Receive and evaluate applications for, and make
5recommendations with respect to entries on, the National Register
6of Historic Places to the officer.

7(2) Conduct a statewide inventory and maintain comprehensive
8records of historical resources pursuant to federal and state law,
9including, but not limited to, historical landmarks and points of
10historical interest.

11(3) Establish criteria for the recording and preservation of
12historical resources, and for deletions from historical registers
13warranted by destruction or damage of a historical resource or
14other change in conditions.

15(4) Develop and adopt criteria for the rehabilitation of historic
16structures.

17(5) Establish policies and guidelines in compliance with state
18and federal requirements for a comprehensive statewide historical
19resources plan which includes, but is not limited to, architecture,
20history, archaeology, and folklife.

21(6) Develop and update annually, based upon public hearings
22and active public participation, the statewide historical resources
23plan.

24(7) Make recommendations to the department, based upon the
25statewide historical resources plan, including the listing of
26historical resource projects on a priority basis.

27(8) Oversee the administration of the California Register, receive
28and evaluate nominations to, and cause qualified resources to be
29listed in, the California Register, and adopt, as necessary, timely
30revisions of the California Register criteria and procedures as may
31be advisable.

32(9) Recommend to the department the criteria and standards for
33acceptance of historical buildings, structures, sites, or places for
34registration as historical landmarks or points of historical interest.

P3    1(10) Receive and evaluate applications for registration of
2structures, sites, or places as historical landmarks or points of
3historical interest. The commission shall select and designate
4historical landmarks and points of historical interest that it
5determines meet the criteria in subdivision (a) of Section 5031.
6The commission shall maintain a register which identifies historical
7landmarks and points of historical interest by number and
8 description.

9(11) Make recommendations to the office with respect to a
10standard design and detail for the marker or plaque which may be
11erected or raised at registered historical landmarks or historical
12resources, and with respect to the use of the marker or plaque. The
13commission shall consult with cities and counties in developing
14design and placement standards. These standards shall not prevent
15a city or county from implementing its own standards if they meet
16the minimum criteria established by the commission.

17(12) Recommend to the department the type of directional sign
18to be erected in connection with the registration of a point of
19historical interest. The commission shall consult with cities and
20counties in developing design and placement standards. These
21standards shall not prevent a city or county from implementing its
22own standards if they meet the minimum criteria established by
23the commission.

24(13) Submit an annual report in January to the director and the
25Legislature giving an account of its activities, identifying
26unattained goals of historical resources plans and programs, and
27recommending needed legislation for the support of those
28programs. The director shall advise the commission of new and
29continuing plans, policy, and programs concerning statewide
30historical resources and shall receive and consider the views of
31the commission.

32(14) Consult with, and consider the recommendation of, public
33agencies, civic groups, and citizens interested in historic
34preservation.

35(15) Develop criteria and procedures based upon public hearings
36and active public participation for the selection of projects to be
37funded through the National Historic Preservation Fund, the
38California Heritage Fund, and other federal and state programs
39that have as their primary purpose the preservation and
40enhancement of historical resources.

P4    1(16) Prepare, or cause to be prepared, and recommend to the
2director, a budget with respect to those duties and responsibilities
3of the commission contained in this section.

begin insert

4(b) (1) The State Historical Resources Commission may develop
5and adopt standards for evaluating the qualifications of an
6archaeologist that may be useful when hiring, employing,
7obtaining, consulting with, or otherwise selecting an archaeologist.

end insert
begin insert

8(2) In developing and adopting these standards, the commission
9shall consider, at a minimum, education, training, and experience,
10and shall consult with interested persons and organizations,
11including, but not limited to, relevant professional societies and
12members of the descendent community, if applicable.

end insert
begin insert

13(3) Nothing in this paragraph shall be construed to prohibit an
14archaeologist who does not meet the standards prescribed by the
15commission pursuant to paragraph (1) from engaging in the
16practice of archaeology if the archaeologist otherwise meets the
17applicable requirements.

end insert
begin delete

18(b)

end delete

19begin insert(c)end insert The commission may adopt guidelines for the review of
20applications for excavation and salvage permits submitted pursuant
21to Section 6313 and make recommendations thereon to the State
22Lands Commission.



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