Bill Text: CA AB275 | 2019-2020 | Regular Session | Amended
Bill Title: Native American cultural preservation.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2020-09-25 - Chaptered by Secretary of State - Chapter 167, Statutes of 2020. [AB275 Detail]
Download: California-2019-AB275-Amended.html
Amended
IN
Assembly
April 29, 2019 |
Amended
IN
Assembly
April 22, 2019 |
Amended
IN
Assembly
March 26, 2019 |
Assembly Bill | No. 275 |
Introduced by Assembly Member Ramos |
January 28, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
(3)The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) 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. Prior to the release of a negative declaration, mitigated negative declaration, or an EIR for a project, CEQA requires the 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 in writing to be informed by the lead agency through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe and the tribe responds in writing within 30 days of receipt of the formal notification requesting consultation. Existing law authorizes the Native American Heritage Commission to provide each California Native American tribe with a list of all public agencies that may be a lead agency within the geographical area with which the tribe is traditionally and culturally affiliated, the contact information of those public agencies, and information on how the tribe may request the public agency to
notify the tribe of projects within the jurisdiction of those public agencies for the purposes of requesting consultation pursuant to CEQA.
This bill would instead authorize the commission to provide each lead agency with a project within the geographic area with which a California Native American tribe is traditionally and culturally affiliated, the contact information of those tribes, and information on how the lead agency may initiate consultation with the tribe pursuant to CEQA.
(4)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8318 is added to the Government Code, to read:8318.
(a) For purposes of this section, “state agency” means a department or agency of the state, the California State University, the University of California, and the Administrative Office of the Courts.(c)The Regents, on behalf of the University of California, are requested to designate, and every other state agency with 30 or more employees or one or more contracts or grants for the procurement of any property or services with or from a California Native American tribe on the contact list maintained by the Native American Heritage Commission, shall designate one or more liaisons with the sole responsibility of fulfilling the purpose outlined in subdivision (b).
SEC. 2.
Section 8012 of the Health and Safety Code is amended to read:8012.
As used in this chapter, terms shall have the same meaning as in the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), as interpreted by federal regulations, except that the following terms shall have the following meanings:SEC. 3.
Section 8013 of the Health and Safety Code is amended to read:8013.
(a) (1) Any agency or museum that has possession or control over collections of California Native American human remains and associated funerary objects shall complete an inventory of all these remains and associated funerary objects and, to the extent possible based on all information possessed by the agency or museum, do all of the following:SEC. 4.
Section 5097.94 of the Public Resources Code is amended to read:5097.94.
The commission shall have the following powers and duties:(m)To provide each lead agency pursuant to Division 13 (commencing with Section 21000) with a project within the geographic area with which a California Native American tribe is traditionally and culturally affiliated, as indicated on the contact list maintained by the Native American Heritage Commission pursuant to subparagraph (B) of paragraph (2) of subdivision (j) of Section 8012 of the Health and Safety Code, the contact information of
those tribes, and information on how the
lead agency may initiate consultation pursuant to Section 21080.3.1.