BILL ANALYSIS �
AB 2081
Page 1
ASSEMBLY THIRD READING
AB 2081 (Daly)
As Amended May 13, 2014
Majority vote
WATER, PARKS & WILDLIFE 10-4
APPROPRIATIONS 13-4
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|Ayes:|Rendon, Bocanegra, Fong, |Ayes:|Gatto, Bocanegra, |
| |Frazier, Gatto, Gomez, | |Bradford, |
| |Gonzalez, Gray, | |Ian Calderon, Campos, |
| |Rodriguez, Yamada | |Eggman, Gomez, Holden, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bigelow, Allen, Beth |Nays:|Bigelow, Donnelly, Jones, |
| |Gaines, Patterson | |Wagner |
| | | | |
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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 and Recreation (DPR) to consider
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.
2)Provides that 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.
AB 2081
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EXISTING LAW establishes the Commission and the California
Register of Historical Resources. 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 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 : According to the Assembly Appropriations
Committee, negligible state costs.
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 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.
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.
Historical resources, to be listed on the California Register of
AB 2081
Page 3
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
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 California
Environmental Quality Act 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 California
Register of Historical Resources 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 provides that 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.
AB 2081
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Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0003355