BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2081
                                                                  Page  1

          Date of Hearing:   May 7, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 2081 (Daly) - As Amended:  April 22, 2014 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            
          
          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill clarifies that living and producing vineyards are  
          eligible to be registered as historical landmarks and points of  
          historical interest by the Department of Parks and Recreation  
          (DPR) if requested by the landowner, and subsequent landowners.   
          This bill allows routine agricultural practices on vineyards  
          that are registered as historical resources.  

           FISCAL EFFECT

           Negligible state costs.

           COMMENTS  

           1)Purpose.   According to the author, 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.  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 also indicates that some property owners may be  
            reluctant to nominate their properties for inclusion on the  
            Register for fear that the listing may prevent them from  
            ordinary agricultural practices.

            The author has introduced this bill to clarify that 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  








                                                                  AB 2081
                                                                  Page  2

            Commission.  This bill also provides that if registered,  
            agricultural historical places may continue agricultural  
            production.

           2)Background.   DPR is required to consider all recommendations  
            by the Commission for historical landmarks or points of  
            historical interest to be added to the California Register of  
            Historical Resources.  State historical landmarks are those  
            buildings, structures, sites, or places that DPR determines  
            are important historical resources.   Points of historical  
            interest are buildings, structures, sites, or places that DPR  
            determines are resources of sufficient historical interest to  
            qualify for the placement of a designated sign. 

           3)Suggested Amendments.   Before a producing vineyard can be  
            included on the Register, this bill requires landowners and  
            subsequent landowners to request inclusion.   It is unclear  
            why subsequent landowners are included in this provision.
            Additionally, this bill provides that "notwithstanding any  
            other law" an agricultural historical resource may continue  
            agricultural practices.  This provision is overly broad and  
            may potentially be determined to override existing  
            environmental, agricultural preservation, and discretionary  
            local property tax requirements and conditions.   


           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081