BILL ANALYSIS �
AB 52
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Date of Hearing: May 15, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 52 (Gatto) - As Amended: April 19, 2013
Policy Committee: Natural
ResourcesVote:5-0
Urgency: No State Mandated Local Program:
yes Reimbursable: No
SUMMARY
This bill provides a statutory process for Native American
tribes to engage in the California Environmental Quality Act
(CEQA) review process to avoid significant effects on tribal
resources. Specifically, this bill:
1)Requires the Office of Planning and Research (OPR) to prepare,
and the Secretary of the Natural Resources Agency (NRA) to
certify and adopt, revisions to the CEQA guidelines that
establish a process to clarify tribal government involvement
including the timing for tribal participation and the
preparation of documents other information.
2)Requires a public agency to find that a project may have a
significant effect on the environment if a proposed project
may have a significant effect on a tribal cultural resource
pursuant to the CEQA guidelines. Requires the lead agency to
consult with the appropriate Native American tribes in making
a determination of significant effect.
3)Requires the lead agency to use the most current and
up-to-date technology and information, including tribal,
local, state and national registers and other specified
available information.
FISCAL EFFECT
Additional costs to OPR and the NRA in the hundreds of thousands
of dollars to expand CEQA guidelines.
OPR is scheduled to begin updating CEQA guidelines in 2014.
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COMMENTS
1)Rationale. According to supporters of the bill, CEQA projects
impacting tribal resources have experienced delays and
inconsistencies. CEQA projects are still approved without
appropriate consultation with tribes and avoidance and
mitigation of adverse tribal impacts.
The inclusion of tribes in the CEQA process lacks statewide
uniformity, often leaving tribes, local agencies and
developers frustrated with the process. Tribes are not
formally recognized as sovereign entities or experts on their
cultural and historical resources. This bill will provide
certainty to protect these important resources.
2)Background. CEQA provides a process for evaluating the
environmental effects of applicable projects approved or
undertaken by public agencies. For projects that are not
exempt from CEQA, an initial study is prepared to determine if
the projects may have a significant impact on the environment.
If the initial study shows no significant impacts, a
negative declaration is issued. If the project may
significantly impact the environment, a full Environmental
Impact Report (EIR) must be prepared, including the
identification of environmental impacts and required
mitigation, compliance and reporting measures intended to
reduce the environmental impacts to the extent feasible. CEQA
also provides for public process and legal challenges.
The California Native American Heritage Commission is the
state's trustee agency for the protection and preservation of
Native American cultural resources, sacred sites on public
land, and Native American Burial Sites. The Commission also
facilitates consultations between California Native tribes and
local governments.
3)Recent Legislation. Last session, two bills were introduced
late in the development approval process to stop large-scale
projects planned or near Native American sacred sites.
AB 742 (Lowenthal, 2011) attempted to prohibit the permitting
of 155-acre rock quarry in Riverside County. The quarry would
have been located in an area the Pechanga Tribe of Luiseno
Peoples considers a sacred place. This bill died in the
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Senate Rules Committee, but the issue was ultimately resolved
when the tribe purchased the property and settled a pending
lawsuit.
AB 833 (Vargas, 2011) proposed to stop the development of a
landfill and recycling center in Gregory Canyon. Gregory
Mountain, located within the canyon, is considered an
important place for fasting, praying, and conducting
ceremonies. Governor Brown vetoed this bill.
The Governor noted in his AB 833 veto message, that in order
to prevent future bills designed to defeat projects, the
current planning process needs to be reformed to provide
stronger protections for Native American trial and cultural
resources and prevent future bills to defeat projects.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081