California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

AB 52 — Native Americans: California Environmental Quality Act.

Last action — Chaptered by Secretary of State - Chapter 532, Statutes of 2014.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 21, 2012. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 532, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6651.).

  5. Assembly Rule 77 suspended. (Ayes 55. Noes 24. Page 6646.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4891.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).

  12. In committee: Placed on APPR. suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 25).

  15. 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.

  16. In committee: Hearing postponed by committee.

  17. 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.

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. Joint Rule 62(a), file notice suspended. (Ayes 27. Noes 6. Page 2315.)

  20. Joint Rule 61(a) suspended. (Ayes 27. Noes 6. Page 2315.)

  21. 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.

  22. 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.

  23. Referred to Com. on E.Q.

  24. In Senate. Read first time. To Com. on RLS. for assignment.

  25. Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 0. Page 2200.)

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 6. Noes 0.) (June 24).

  28. Re-referred to Com. on NAT. RES.

  29. Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

  30. Read third time and amended. Ordered to third reading. (Page 1786.)

  31. Assembly Rule 69 suspended. (Page 1780.)

  32. Read second time. Ordered to third reading.

  33. From committee: Do pass. (Ayes 12. Noes 0.) (May 24).

  34. In committee: Set, first hearing. Referred to APPR. suspense file.

  35. Re-referred to Com. on APPR.

  36. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  37. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 15). Re-referred to Com. on APPR.

  38. Re-referred to Com. on NAT. RES.

  39. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  40. Re-referred to Com. on NAT. RES.

  41. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  42. Referred to Com. on NAT. RES.

  43. Read first time.

  44. From printer. May be heard in committee January 23.

  45. Introduced. To print.

Sponsors

  • Alejo · Cosponsor
  • Chesbro · Cosponsor
  • Gatto · Primary
  • Josh Lowenthal · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Gatto

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 52 GATTO Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 72000
Democratic 4000
Republican 2001
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Linder — Yea
Mansoor — Yea
Melendez — Yea
Mullin — Yea
Pan — Yea
Quirk — Yea
Ting — Yea
Waldron — Yea
Wieckowski — Yea
Chávez — Yea
Rodriguez — Yea
Daly — Yea
Campos — Yea
Frazier — Yea
Gordon — Yea
Holden — Yea
Chau — Yea
Allen — Yea
Conway — Yea
Bonilla — Yea
Logue — Yea
Nazarian — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Wagner — Yea
Gray — Yea
Ammiano — Yea
Bloom — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Weber — Yea
Wilk — Yea
Gomez — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Hall — Yea
Garcia — Yea
Jones-Sawyer — Yea
Atkins — Yea
Fong — Yea
Chesbro — Yea
Dababneh — Yea
Levine — Yea
Maienschein — Yea
Medina — Yea
Nestande — Yea
Perea — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB52 Gatto By Wyland

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Vidak — Yea
Walters — Yea
Wolk — Yea
Wright — Not Voting
Correa — Yea
Hernandez — Yea
Beall — Yea
Mitchell — Yea
Cannella — Yea
Evans — Yea
Fuller — Yea
Galgiani — Yea
Huff — Yea
Lieu — Yea
Nielsen — Yea
Steinberg — Yea
Torres — Yea
Wyland — Yea
De León — Not Voting
Hancock — Not Voting
Corbett — Yea
Hill — Yea
Knight — Yea
Monning — Yea
Morrell — Yea
Pavley — Yea
Roth — Yea
DeSaulnier — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Lara — Yea
Steinberg — Yea
De León — Yea
Hill — Yea
Walters — Not Voting
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 52 GATTO Assembly Third Reading

Passed 58 Yea · 0 Nay · 21 Other
Party YeaNayPresentNot Voting
Unaffiliated 510017
Democratic 7000
Republican 0004
Total 580021
% of votes cast 73%0%0%27%
How each member voted (79)
Member Party Vote
Achadjian — Not Voting
Ammiano — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Not Voting
Logue — Not Voting
Maienschein — Not Voting
Mansoor — Not Voting
Quirk — Yea
Williams — Yea
Chávez — Not Voting
Gomez — Yea
Gordon — Yea
Gorell — Yea
Stone — Yea
Holden — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Alejo — Yea
Daly — Yea
Nazarian — Yea
Skinner — Yea
Waldron — Yea
Campos — Yea
Bonilla — Yea
Gonzalez — Yea
Jones-Sawyer — Yea
Medina — Yea
Mullin — Yea
Pan — Yea
Bocanegra — Yea
Rendon — Yea
John A. Pérez — Yea
Salas — Yea
Wieckowski — Yea
Chesbro — Yea
Cooley — Yea
Dickinson — Yea
Eggman — Yea
Hagman — Not Voting
Chau — Yea
Harkey — Not Voting
Conway — Not Voting
Bigelow — Not Voting
Melendez — Not Voting
Morrell — Not Voting
Nestande — Yea
Olsen — Not Voting
Perea — Not Voting
Ting — Yea
Wagner — Not Voting
Weber — Yea
Wilk — Not Voting
Donnelly — Not Voting
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Hall — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting
Patterson, Joe Republican Not Voting

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 2000
Republican 0002
Total 6003
% of votes cast 67%0%0%33%
How each member voted (9)
Member Party Vote
Skinner — Yea
Stone — Yea
Chesbro — Yea
Bigelow — Not Voting
Williams — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Grove, Shannon Republican Not Voting
Patterson, Joe Republican Not Voting

Official roll call →

Do pass.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 11005
Democratic 1000
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bigelow — Not Voting
Bradford — Yea
Linder — Not Voting
Wagner — Not Voting
Campos — Yea
Bocanegra — Yea
Gomez — Yea
Harkey — Not Voting
Donnelly — Not Voting
Eggman — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Gatto — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 5 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 1001
Republican 0002
Total 5004
% of votes cast 56%0%0%44%
How each member voted (9)
Member Party Vote
Bigelow — Not Voting
Skinner — Yea
Stone — Yea
Chesbro — Yea
Williams — Yea
Garcia, Robert Democratic Not Voting
Muratsuchi, Al Democratic Yea
Grove, Shannon Republican Not Voting
Patterson, Joe Republican Not Voting

Official roll call →

Subjects

civil-rights environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 52 do?
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.
Who sponsors AB 52?
AB 52 is sponsored by Alejo, Chesbro, Gatto, and Lowenthal, Josh (Democratic).
What is the current status of AB 52?
This bill has been enacted into law. Introduced December 21, 2012. Enacted.
Where can I track AB 52?
Track AB 52 free on One Click Politics — get push/email alerts when it moves.

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