BILL ANALYSIS �
AB 2081
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2081 (Daly)
As Amended August 5, 2014
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |61-18|(May 29, 2014) |SENATE: |25-10|(August 11, |
| | | | | |2014) |
-----------------------------------------------------------------
Original Committee Reference: W., P. & W.
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, and that
such resources may be listed as historical resources.
The Senate amendments delete the phrase "upon request of the
landowner" from the proposed provision clarifying the definition
of places eligible for listing as historical resources.
EXISTING LAW :
1)Establishes the State Historical Resources Commission
(Commission) and the California Register of Historical
Resources.
2)Requires the Department of Parks and Recreation (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.
3)Requires the Commission to notify property owners prior to
taking action on any nomination for the listing of a
historical resource and prohibits the listing of a property as
a historical resource if the property owner objects to the
AB 2081
Page 2
nomination.
AS PASSED BY THE ASSEMBLY , this bill clarified 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, and that such resources may be listed as historical
resources upon the request of the landowner. This bill also
provided 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The purpose of this bill is 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. This bill also
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 purpose of this provision is to
clarify that the listing of a living, producing vineyard,
orchard or grove as a historical resource does 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.
The Senate amendments removed the phrase "upon request of the
landowner" from the new proposed language clarifying that the
definition of "places" eligible for listing as historical
resources includes living, producing vineyards, orchards and
groves. This amendment should not have a substantive effect on
the listing of such resources since existing law (Public
Resources Code Section 5024.1(f)) already requires the
Commission to notify property owners prior to taking action on
any nomination for the listing of an historical resource, and
AB 2081
Page 3
prohibits the Commission from listing a property as an
historical resource of the property owner objects to the
nomination. These provisions of existing law are not changed by
this bill.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0004386