BILL ANALYSIS �
AB 1077
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CONCURRENCE IN SENATE AMENDMENTS
AB 1077 (Carter)
As Amended July 6, 2011
Majority vote
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|ASSEMBLY: |47-25|(June 2, 2011) |SENATE: |23-12|(August 22, |
| | | | | |2011) |
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Original Committee Reference: W., P. & W.
SUMMARY : Requires the State Park and Recreation Commission (SPRC)
to hold a public hearing on any proposed development project that
may substantially impact Colonel Allensworth State Historic Park and
for the SPRC's conclusions to be transmitted to the appropriate
local government entities. Requires the Department of Parks and
Recreation (DPR) to study the feasibility of recommending that
Colonel Allensworth State Historic Park be designated as a National
Historic Landmark.
The Senate amendments delete the prohibition in the Assembly version
on developments within 2 miles of the boundary of the Colonel
Allensworth State Historic Park that would be incompatible with the
park, and instead require the SPRC to hold a public hearing and make
recommendations. Specifically, the Senate amendments:
1)Delete the prohibition on any developments within 2 miles of
Colonel Allensworth State Historic Park in Tulare County that
would be incompatible with the historical, cultural or
recreational significance of the park and related provisions.
2)Require DPR to notify the SPRC of any proposed development that
may substantially impact the historical, cultural, or recreational
significance of the park, and require the SPRC to hold a duly
noticed public hearing to receive public input on the potential
impacts. Require the SPRC to submit a summary of its conclusions
in writing to DPR following the hearing for transmission by DPR to
the appropriate local government entities.
EXISTING LAW :
1)Provides for the California State Park system, of which the
Colonel Allensworth State Historic Park is a unit. DPR is
responsible for administering, protecting, developing and
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interpreting the property of the state park system for the use and
enjoyment of the public.
2)States that the purpose of state parks is to preserve outstanding
natural, scenic and cultural values, indigenous aquatic and
terrestrial fauna and flora, and the most significant examples of
ecological regions of California. Each state park is required to
be managed as a whole to restore, protect, and maintain its native
environmental complexes to the extent compatible with the primary
purpose for which the park was established.
AS PASSED BY THE ASSEMBLY , this bill prohibited a person from
developing any of the area within 2 miles of the boundary of
Colonel Allensworth State Historic Park in Tulare County, in a
manner the SPRC determines, after a duly noticed public hearing,
would be incompatible with the historical, cultural or recreational
significance of the park. A development proposal would be
considered incompatible if it would conflict with, or diminish, the
existing use or enjoyment of the park. The SPRC would be required
in evaluating the proposed development to take into account the
benefits of the project to the park and surrounding community and
any compatible economic benefit that could result from the
development or use. A determination by the SPRC could be appealed
to the Secretary of the Natural Resource Agency. Developments
approved by Tulare County on or before March 11, 2011, were exempt
from these requirements. This bill also required DPR, in
consultation with the State Office of Historic Preservation to study
the feasibility of recommending the park for designation as a
National Historic Landmark.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The Colonel Allensworth State Historic Park was set aside
to preserve and honor a unique part of California's history.
Allensworth is the only California town founded, financed and
governed entirely by African Americans. The small farming community
was founded in 1908 by Colonel Allen Allensworth and others
dedicated to improving the economic and social status of African
Americans. Colonel Allensworth was born into slavery in 1842 and
was sold to slave traders at age 12 as punishment for trying to
learn to read and write. When the Civil War started, Colonel
Allensworth escaped and joined the Navy. While serving in the Civil
War he achieved the rank of first class petty officer. In 1871 he
was ordained a Baptist minister, served at the Union Baptist Church
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in Cincinnati, and was later appointed as army chaplain for the 24th
infantry. A devotee of the principles of Booker T. Washington,
Colonel Allensworth lectured and promoted his philosophy that
African Americans should succeed through hard work, independence and
self-determination. He came west to California and founded the
colony of Allensworth in 1908 to fulfill his vision of establishing
a place where African Americans could escape discrimination and live
and thrive without persecution. The town grew after only a few
years to over 200 inhabitants and became a voting precinct and a
judicial district in 1914. Colonel Allensworth died in 1914 after
being struck by a motorcycle and was buried with full military
honors. Uncontrollable circumstances, including a drop in the
area's water table, the onset of the Great Depression, and arsenic
contamination of groundwater wells, led to the town's demise. A
drive began in the 1970s to save the town which was listed on the
National Registry of Historic Sites and became a State Historic Park
in 1976. The State has invested over $8 million on capital
improvements to the park in the past twelve years.
The author's stated intent with this bill is to support growth and
economic development around Colonel Allensworth State Historic Park,
while also protecting the cultural and historical integrity of the
park. Supporters of this bill note the uniqueness of Colonel
Allensworth State Historic Park, its importance to African American
history, and its value as a source of inspiration for people of all
races. Given the great importance of this unique park, supporters
urge that the park should not be jeopardized but should be
safeguarded for all Californians.
Currently, the park is listed on the national registry of historic
sites, but has not been recognized as a National Historic Landmark
(NHL). NHL's are a special subset of historic sites that have
national significance and represent a unique piece of American
history. NHLs are federally designated by the Secretary of the
Interior after a review process administered by the National Park
Service pursuant to federal regulations. Recommendations for sites
to be reviewed for potential NHL designation may be made by state
officials. Currently there are 136 NHLs in California, including
several in State Historic Parks.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0002019
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