BILL NUMBER: AB 52 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Gatto
DECEMBER 21, 2012
An act relating to Native Americans. to
amend Section 21083 of the Public Resources Code, relating to Native
Americans.
LEGISLATIVE COUNSEL'S DIGEST
AB 52, as amended, Gatto. Native Americans.
Americans: California Environmental Quality Act .
Existing law, the Native American Historic Resource Protection
Act, establishes a misdemeanor for unlawfully and maliciously
excavating upon, removing, destroying, injuring, or defacing a Native
American historic, cultural, or sacred site, that is listed or may
be eligible for listing in the California Register of Historic
Resources.
This bill would declare the intent of the Legislature to enact
legislation promoting the preservation of Native American sites and
requiring developers to consult with appropriate entities to
determine possible impacts on Native American sacred sites prior to
project initiation.
The California Environmental Quality Act, referred to as CEQA,
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact
report on a project that it proposes to carry out or approve that may
have a significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment. CEQA
requires the lead agency to provide a responsible agency with
specified notice and opportunities to comment on a proposed project.
CEQA requires the Office of Planning and Research, referred to as
OPR, to prepare and the Secretary of the Natural Resources Agency to
certify and adopt, guidelines for the implementation of CEQA that
include, among other things, criteria for public agencies to
following in determining whether or not a proposed project may have a
significant effect on the environment.
The bill would require OPR to revise the criteria for determining
whether a proposed project has a significant effect on the
environment to include effects on Native American cultural resources,
sacred sites, or tribal reservation or rancheria community. By
requiring the lead agency to consider these effects relative to
Native Americans, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21083 of the Public
Resources Code is amended to read:
21083. (a) The Office of Planning and Research shall prepare and
develop proposed guidelines for the implementation of this division
by public agencies. The guidelines shall include objectives and
criteria for the orderly evaluation of projects and the preparation
of environmental impact reports and negative declarations in a manner
consistent with this division.
(b) The guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment." The criteria
shall require a finding that a project may have a "significant effect
on the environment" if one or more of the following conditions
exist:
(1) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals.
(2) The possible effects of a project are individually limited but
cumulatively considerable. As used in this paragraph, "cumulatively
considerable" means that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
(3) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
(4) A proposed project may have a significant effect on a Native
American cultural resource or sacred place, or a tribal reservation
or rancheria community.
(c) The guidelines shall include procedures for determining the
lead agency pursuant to Section 21165.
(d) The guidelines shall include criteria for public agencies to
use in determining when a proposed project is of sufficient
statewide, regional, or areawide environmental significance that a
draft environmental impact report, a proposed negative declaration,
or a proposed mitigated negative declaration shall be submitted to
appropriate state agencies, through the State Clearinghouse, for
review and comment prior to completion of the environmental impact
report, negative declaration, or mitigated negative declaration.
(e) The Office of Planning and Research shall develop and prepare
the proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the Natural Resources
Agency. The Secretary of the Natural Resources Agency
shall certify and adopt the guidelines pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, which shall become effective upon the filing
thereof of the adopted guidelines .
However, the guidelines shall not be adopted without compliance with
Sections 11346.4, 11346.5, and 11346.8 of the Government Code.
(f) The Office of Planning and Research shall, at least once every
two years, review the guidelines adopted pursuant to this section
and shall recommend proposed changes or amendments to the Secretary
of the Natural Resources Agency. The Secretary of the
Natural Resources Agency shall certify and adopt guidelines,
and any amendments thereto to the guidelines
, at least once every two years, pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, which shall become effective upon the filing
thereof of the adopted guidelines and any
amendments to the guidelines . However, guidelines may not be
adopted or amended without compliance with Sections 11346.4, 11346.5,
and 11346.8 of the Government Code.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SECTION 1. It is the intent of the Legislature
to enact legislation that would promote the preservation of Native
American sites and to require developers to consult with appropriate
entities to determine possible impacts on Native American sacred
sites prior to project initiation.