BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 52
                                                                  Page  1

          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