Mike Gatto
- Democratic
Author
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. 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 to prepare and develop, 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. This bill would specify that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource, as defined, is a project that may have a significant effect on the environment. The bill would require a lead agency to begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, if the tribe requested to the lead agency, in writing, to be informed by the lead agency of proposed projects in that geographic area and the tribe requests consultation, prior to determining whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project. The bill would specify examples of mitigation measures that may be considered to avoid or minimize impacts on tribal cultural resources. The bill would make the above provisions applicable to projects that have a notice of preparation or a notice of negative declaration filed or mitigated negative declaration on or after July 1, 2015. The bill would require the Office of Planning and Research to revise on or before July 1, 2016, the guidelines to separate the consideration of tribal cultural resources from that for paleontological resources and add consideration of tribal cultural resources. By requiring the lead agency to consider these effects relative to tribal cultural resources and to conduct consultation with California Native American tribes, this bill would impose a state-mandated local program. Existing law establishes the Native American Heritage Commission and vests the commission with specified powers and duties. This bill would additionally require the commission to provide each California Native American tribe, as defined, on or before July 1, 2016, with a list of all public agencies that may be a lead agency within the geographic area in which the tribe is traditionally and culturally affiliated, the contact information of those agencies, and information on how the tribe may request those public agencies to notify the tribe of projects within the jurisdiction of those public agencies for the purposes of requesting consultation. 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.
Chaptered by Secretary of State - Chapter 532, Statutes of 2014.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly Rule 77 suspended. (Ayes 55. Noes 24. Page 6646.)
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6651.).
Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4891.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).
In committee: Placed on APPR. suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 25).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
In committee: Set, first hearing. Hearing canceled at the request of author.
Joint Rule 62(a), file notice suspended. (Ayes 27. Noes 6. Page 2315.)
Joint Rule 61(a) suspended. (Ayes 27. Noes 6. Page 2315.)
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 0. Page 2200.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 0.) (June 24).
Read third time and amended. Ordered to third reading. (Page 1786.)
Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.
Assembly Rule 69 suspended. (Page 1780.)
From committee: Do pass. (Ayes 12. Noes 0.) (May 24).
Read second time. Ordered to third reading.
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 15). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
Read first time.
From printer. May be heard in committee January 23.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB52 | HTML |
| 12/21/12 - Introduced | |
| 03/19/13 - Amended Assembly | |
| 04/08/13 - Amended Assembly | |
| 04/19/13 - Amended Assembly | |
| 05/30/13 - Amended Assembly | |
| 08/26/13 - Amended Senate | |
| 09/05/13 - Amended Senate | |
| 06/02/14 - Amended Senate | |
| 06/16/14 - Amended Senate | |
| 07/02/14 - Amended Senate | |
| 08/19/14 - Amended Senate | |
| 08/22/14 - Amended Senate | |
| 09/04/14 - Enrolled | |
| 09/25/14 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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