BILL NUMBER: AB 1077	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 6, 2011
	AMENDED IN ASSEMBLY  APRIL 28, 2011

INTRODUCED BY   Assembly Member Carter
   (Principal coauthor: Assembly Member John A. Pérez)
   (  Coauthor:   Assembly Member 
 Alejo   Coauthors:   Assembly Members
  Alejo,   Bradford,   Davis,  
Hall,   Mitchell,   and Swanson  )
    (   Coauthors:   Senators   Price
  and Wright   ) 

                        FEBRUARY 18, 2011

   An act to add Section 5006.10 to the Public Resources Code,
relating to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1077, as amended, Carter. State parks: Colonel Allensworth
State Historic Park.
   Existing law provides for a state park system of which the Colonel
Allensworth State Historic Park in Tulare County is a unit.
   This bill would  prohibit a person from developing any of
the area within 2   1/2   miles of
the boundary of Colonel Allensworth State Historic Park in Tulare
County in a manner that would be incompatible with the historical,
cultural, or recreational significance of the park, as provided. This
prohibition would not apply to a development in Tulare County that
was approved by the county on or before March 1, 2011  
require the Department   of Parks and Recreation to notify
the State Park and Recreation Commission of any proposed development
that may substantially impact the historical, cultural, or
recreational significance of the Colonel Allensworth State Historic
Park, and would require the commission, upon receipt of that
notification to hold a duly noticed public hearing to receive public
input regarding the potential impacts of the proposed development on
the park. The bill would require the commission, following the public
hearing, to submit, in writing, to the department a summary of its
conclusions on the potential park impacts that may be caused by the
proposed development for transmission by the department to the
appropriate local government entities  . The bill would also
require the department, in consultation with the State Office of
Historic Preservation, to study the feasibility of recommending that
the park be considered for designation as a National Historic
Landmark.
   The bill would make legislative findings as to the necessity of a
special statute.
   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.  The Legislature finds and declares all of the
following:
   (a) The state park system was created for the purposes of
preserving outstanding natural, scenic, and cultural values,
including areas of historical significance.
   (b) The recent centennial of Colonel Allensworth State Historic
Park in Tulare County has brought its state and national significance
to the forefront.
   (c) Given the unique historical and cultural resources present at
and around Colonel Allensworth State Historic Park and the unique
environmental and geological conditions of the area, a
two-and-one-half mile wide buffer from an incompatible use is
appropriate.
  SEC. 2.  Section 5006.10 is added to the Public Resources Code, to
read: 
   5006.10.  (a) A person shall not develop any of the area within
two-and-one-half miles of the boundary of Colonel Allensworth State
Historic Park in Tulare County, in a manner that the State Parks and
Recreation Commission determines, after a duly noticed public
hearing, would be incompatible with the historical, cultural, or
recreational significance of the park. A proposed development or use
of the park shall be considered to be incompatible if it would
conflict with, or diminish, the existing use or enjoyment of the
park. In evaluating whether a proposed development or use is
compatible, the commission shall take into account the benefits to
the park and surrounding community and any compatible economic
benefit that could result from the proposed development or use. A
determination by the commission regarding the incompatibility of any
proposed development or use of the park may be appealed to the
Secretary of the Natural Resources Agency. 
    5006.10.    (a) The department shall notify the
State Parks and Recreation Commission of any proposed development
that may substantially impact the historical, cultural, or
recreational significance of the Colonel Allensworth State Historic
Park. Upon receipt of this notification, the commission shall hold a
duly noticed public hearing to receive public input regarding the
potential impacts of the proposed development of the park. Following
the public hearing, the commission shall submit, in writing, to the
department a summary of its conclusions on potential park impacts
that may be caused by the proposed development for transmission by
the department to the appropriate local government entities. 
   (b) The department, in consultation with the State Office of
Historic Preservation, shall study the feasibility of recommending
that Colonel Allensworth State Historic Park be considered for
designation as a National Historic Landmark. 
   (c) This section does not apply to a development in Tulare County
that was approved by the county on or before March 11, 2011.

  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the necessity to ensure in perpetuity the unique
historical, cultural, and recreational significance of Colonel
Allensworth State Historic Park in Tulare County.