BILL NUMBER: SB 659	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2013

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.
  An act to add Section 21083.2.5 to the Public
Resources Code, relating to environmental quality. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 659, as amended, Hancock.  Archaeologists: recommended
qualifications.   Environmental quality: archaeological
resources: qualifications.  
   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.  
   CEQA 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.  
   This 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.
 
   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:

   SECTION 1.    Section 21083.2.5 is added to the 
 Public Resources Code   , to read:  
   21083.2.5.  (a) On or after January 1, 2014, at the time of the
next review of the guidelines prepared and developed to implement
this division pursuant to subdivision (f) of Section 21083, the
Office of Planning and Research, in cooperation with the State
Historical Resources Commission, shall prepare, develop, and transmit
to the Secretary of the Natural Resources Agency recommended
proposed changes or amendments to the guidelines establishing
professional qualifications for a person performing an archaeological
evaluation for the purposes of Section 21083.2.
   (b) Upon receipt and review, the Secretary of the Natural
Resources Agency shall certify and adopt the recommended proposed
changes or amendments prepared and developed pursuant to subdivision
(a).  
  SECTION 1.    Section 5020.4 of the Public
Resources Code is amended to read:
   5020.4.  (a) The commission shall do all of the following:
   (1) Receive and evaluate applications for, and make
recommendations with respect to entries on, the National Register of
Historic Places to the officer.
   (2) Conduct a statewide inventory and maintain comprehensive
records of historical resources pursuant to federal and state law,
including, but not limited to, historical landmarks and points of
historical interest.
   (3) Establish criteria for the recording and preservation of
historical resources, and for deletions from historical registers
warranted by destruction or damage of a historical resource or other
change in conditions.
   (4) Develop and adopt criteria for the rehabilitation of historic
structures.
   (5) Establish policies and guidelines in compliance with state and
federal requirements for a comprehensive statewide historical
resources plan which includes, but is not limited to, architecture,
history, archaeology, and folklife.
   (6) Develop and update annually, based upon public hearings and
active public participation, the statewide historical resources plan.

   (7) Make recommendations to the department, based upon the
statewide historical resources plan, including the listing of
historical resource projects on a priority basis.
   (8) Oversee the administration of the California Register, receive
and evaluate nominations to, and cause qualified resources to be
listed in, the California Register, and adopt, as necessary, timely
revisions of the California Register criteria and procedures as may
be advisable.
   (9) Recommend to the department the criteria and standards for
acceptance of historical buildings, structures, sites, or places for
registration as historical landmarks or points of historical
interest.
   (10) Receive and evaluate applications for registration of
structures, sites, or places as historical landmarks or points of
historical interest. The commission shall select and designate
historical landmarks and points of historical interest that it
determines meet the criteria in subdivision (a) of Section 5031. The
commission shall maintain a register which identifies historical
landmarks and points of historical interest by number and
description.
   (11) Make recommendations to the office with respect to a standard
design and detail for the marker or plaque which may be erected or
raised at registered historical landmarks or historical resources,
and with respect to the use of the marker or plaque. The commission
shall consult with cities and counties in developing design and
placement standards. These standards shall not prevent a city or
county from implementing its own standards if they meet the minimum
criteria established by the commission.
   (12) Recommend to the department the type of directional sign to
be erected in connection with the registration of a point of
historical interest. The commission shall consult with cities and
counties in developing design and placement standards. These
standards shall not prevent a city or county from implementing its
own standards if they meet the minimum criteria established by the
commission.
   (13) Submit an annual report in January to the director and the
Legislature giving an account of its activities, identifying
unattained goals of historical resources plans and programs, and
recommending needed legislation for the support of those programs.
The director shall advise the commission of new and continuing plans,
policy, and programs concerning statewide historical resources and
shall receive and consider the views of the commission.
   (14) Consult with, and consider the recommendation of, public
agencies, civic groups, and citizens interested in historic
preservation.
   (15) Develop criteria and procedures based upon public hearings
and active public participation for the selection of projects to be
funded through the National Historic Preservation Fund, the
California Heritage Fund, and other federal and state programs that
have as their primary purpose the preservation and enhancement of
historical resources.
   (16) Prepare, or cause to be prepared, and recommend to the
director, a budget with respect to those duties and responsibilities
of the commission contained in this section.
   (b) (1) The State Historical Resources Commission may 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.
   (2) In developing and adopting these standards, the commission
shall consider, at a minimum, education, training, and experience,
and shall consult with interested persons and organizations,
including, but not limited to, relevant professional societies and
members of the descendent community, if applicable.
   (3) Nothing in this paragraph shall be construed to prohibit an
archaeologist who does not meet the standards prescribed by the
commission pursuant to paragraph (1) from engaging in the practice of
archaeology if the archaeologist otherwise meets the applicable
requirements.
   (c) The commission may adopt guidelines for the review of
applications for excavation and salvage permits submitted pursuant to
Section 6313 and make recommendations thereon to the State Lands
Commission.