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. AB 52 Page 2 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 AB 52 Page 3 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