SB 659,
as amended, Hancock. begin deleteArchaeologists: recommended qualifications. end deletebegin insertEnvironmental quality: archaeological resources: qualifications.end insert
The California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires a lead agency to determine whether a project may have a significant effect on archaeological resources.
end insertbegin insertCEQA requires the Office of Planning and Research to prepare, develop, and review on a biennial basis, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA.
end insertbegin insertThis bill would require the office, on its next review of the guidelines, to prepare and develop proposed changes and amendments to the guidelines to establish professional qualifications for a person performing an archaeological evaluation for the purposes of CEQA.
end insertExisting law prescribes the different qualifications that are required of various professions and vocations, including geologists and geophysicists.
end deleteExisting 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.
end deleteThis 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.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 21083.2.5 is added to the end insertbegin insertPublic
2Resources Codeend insertbegin insert, to read:end insert
(a) On or after January 1, 2014, at the time of the
4next review of the guidelines prepared and developed to implement
5this division pursuant to subdivision (f) of Section 21083, the Office
6of Planning and Research, in cooperation with the State Historical
7Resources Commission, shall prepare, develop, and transmit to
8the Secretary of the Natural Resources Agency recommended
9proposed changes or amendments to the guidelines establishing
P3 1professional qualifications for a person performing an
2archaeological evaluation for the purposes of Section 21083.2.
3(b) Upon receipt and review, the Secretary of the Natural
4Resources Agency shall certify and adopt the recommended
5proposed changes or amendments prepared and developed
6pursuant to subdivision
(a).
Section 5020.4 of the Public Resources Code is
8amended to read:
(a) The commission shall do all of the following:
10(1) Receive and evaluate applications for, and make
11recommendations with respect to entries on, the National Register
12of Historic Places to the officer.
13(2) Conduct a statewide inventory and maintain comprehensive
14records of historical resources pursuant to federal and state law,
15including, but not limited to, historical landmarks and points of
16historical interest.
17(3) Establish criteria for the recording and preservation of
18historical resources, and for deletions from historical registers
19warranted by destruction or damage of a historical resource
or
20other change in conditions.
21(4) Develop and adopt criteria for the rehabilitation of historic
22structures.
23(5) Establish policies and guidelines in compliance with state
24and federal requirements for a comprehensive statewide historical
25resources plan which includes, but is not limited to, architecture,
26history, archaeology, and folklife.
27(6) Develop and update annually, based upon public hearings
28and active public participation, the statewide historical resources
29plan.
30(7) Make recommendations to the department, based upon the
31statewide historical resources plan, including the listing of
32historical resource projects on a priority basis.
33(8) Oversee the administration of the California
Register, receive
34and evaluate nominations to, and cause qualified resources to be
35listed in, the California Register, and adopt, as necessary, timely
36revisions of the California Register criteria and procedures as may
37be advisable.
38(9) Recommend to the department the criteria and standards for
39acceptance of historical buildings, structures, sites, or places for
40registration as historical landmarks or points of historical interest.
P4 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.
P5 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.
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.
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.
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 practice
16of archaeology if the archaeologist otherwise meets the applicable
17requirements.
18(c) The commission may adopt guidelines for the review of
19applications for excavation and salvage permits submitted pursuant
20to Section 6313 and make recommendations thereon to the State
21Lands Commission.
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