BILL ANALYSIS �
AB 2081
Page 1
Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
AB 2081 (Daly) - As Amended: April 22, 2014
SUBJECT : Historical Resources
SUMMARY : Clarifies that for purposes of existing law regarding
registration of state historical landmarks and points of
historical interest, "places" includes, but is not limited to,
living and producing vineyards, orchards, and groves.
Specifically, this bill :
1)Clarifies that for purposes of existing law requiring the
Department of Parks & Recreation (DPR) to consider all
recommendations for registration made by the State Historical
Resources Commission (Commission), and to register those
buildings, structures, sites or places DPR deems to be
important historical resources or of sufficient historical
interest, the term "places" includes but is not limited to
living and producing vineyards, orchards, and groves.
Clarifies that such resources may be listed upon the request
of the landowner and with the support of any subsequent
landowner.
2)Provides that notwithstanding any other law, an agricultural
historical resource, such as a living and producing vineyard,
orchard or grove, may be treated or modified as per routine
agricultural husbandry practices, including, but not limited
to, cultivation, pruning, installation of new irrigation or
trellising systems, replanting, or removal.
EXISTING LAW :
1)Establishes the Commission and the California Register of
Historical Resources.
2)Requires DPR to consider all recommendations for additions to
the California Register of Historical Resources made by the
Commission, and requires DPR to register, as state historical
landmarks, those buildings, structures, sites, or places that
DPR deems to be important historical resources, and to
register as points of historical interest, those buildings,
structures, sites, or places that DPR deems to be historical
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resources of sufficient historical interest to qualify for the
placement of a designated sign. Requires the Commission to
maintain a register of each historical landmark and point of
historical interest.
FISCAL EFFECT : Unknown
COMMENTS : The author has introduced this bill to clarify that
living and producing vineyards, groves and orchards, along with
other living things in agriculture are eligible to be recognized
for their historic significance by the State Historical
Resources Commission. The author's office indicates that while
there are a number of historic vineyards or wineries currently
listed on the California Register of Historical Resources, few
if any of these are currently "producing" vineyards. The author
notes that historic vineyards are found throughout California,
with original plantings dating back to the early 1800s, some of
which are still producing grapes for winemakers today. Some of
these historic vines were planted by early Spanish missionaries.
Others were brought over by European settlers or planted by
other early immigrant farmers. These historic vines have
survived droughts and plagues, provide a living repository for
budwood and genetic material, and provide historical information
on past vineyard practices. The Historic Vineyard Society has
compiled a comprehensive directory of California's older wine
grape vineyards, which are dwindling in number, and is in the
process of certifying the authenticity of their historic nature.
DPR points out that there are already a number of historic
vineyards that have been approved for listing on the California
Register of Historic Resources. For example, Cresta Blanca
Winery, D'Agostini Winery, Leland Stanford Winery, Beringer
Brothers Winery, Schramsberg Vineyard and Winery, Almanden
Vineyards, Buena Vista Vineyards and Winery, and the San
Francisco Solano Mission Vineyard are listed as California
Historic Landmarks, and the Elliston Vineyards, Clayton
vineyards, and Glen Oaks Vineyards are listed on the National
and California Registers of Historical Resources. However, as
the author notes, there does appear to be more buildings than
actual living vines or vineyards that are listed.
Historical resources, to be listed on the California Register of
Historical Resources, must be nominated for listing and go
through the Commission's review process. DPR indicates that the
Commission has never rejected a winery or vineyard that was
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nominated for inclusion on the list.
The author indicates that some landowners may be hesitant to
nominate historic vineyards for listing for a couple of reasons.
One, it may not be clearly understood that the living,
producing vines themselves are eligible for listing. Second,
some landowners may be concerned that the listing may place
limits on the landowner's ability to make modifications or
changes to the vineyard in the future. While the listing itself
does not place restrictions on land use, once a resource is
listed, a proposed project that might impact a historical
resource could trigger a requirement for CEQA review. In some
local jurisdictions, property owners may also obtain a property
tax deduction under the Mills Act for properties that are listed
as historic resources. As a condition of the tax deduction,
restrictions may be placed on uses of the property that would
alter its historic character.
The author indicates that some property owners may be reluctant
to nominate their properties for inclusion on the Register for
fear that since these are living plants, the listing may prevent
them from taking necessary husbandry steps to care for the
plants in the future, such as pruning or even removing or
replacing the plants in the case of disease, drought, frost,
etc.
For that reason, this bill includes a provision that provides
that, notwithstanding any other law, an agricultural historical
resource, such as a living and producing vineyard, orchard or
grove, may be treated or modified as per routine agricultural
husbandry practices, including, but not limited to, cultivation,
pruning, installation of new irrigation or trellising systems,
replanting, or removal. The author's office indicates that the
purpose of this provision is to clarify that the listing of a
living, producing vineyard, orchard or grove as a historical
resource will not prevent the managers of those resources from
providing appropriate and necessary agricultural husbandry to
care for these resources in the future. The hope is that this
clarification will help to reduce any disincentive for owners to
consider nominating such places for recognition as historical
resources.
Related Legislation : In 2013 the Assembly passed a House
Resolution, HR 9 (Daly) recognizing the existence and values of
California's historic vineyards.
AB 2081
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REGISTERED SUPPORT / OPPOSITION :
Support
Historic Vineyard Society
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096