Individual legislator voting records for this vote are not currently available. Includes all politicians who were in office at any point during the 2013-2014 Legislature.

AB 52 - An Act to Amend Section 5097.94 Of, and to Add Sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3 To, the Public Resources Code, Relating to Native Americans.

Native Americans: California Environmental Quality Act. 2013-2014 Legislature. View bill details
Author(s):
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… More
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. Hide
 
Status:
The bill has become law (chaptered). 
Assembly Vote: On Passage

PASSED on August 28, 2014.

voted YES: 78 voted NO: 0
1 voted present/not voting

An Act to Amend Section 5097.94 Of, and to Add Sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3 To, the Public Resources Code, Relating to Native Americans.

AB 52 — 2013-2014 Legislature

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… More
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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 5097.94 Of, and to Add Sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3 To, the Public Resources Code, Relating to Native Americans.
Author(s)
Mike Gatto
Co-Authors
Subjects
  • Native Americans: California Environmental Quality Act
Major Actions
Introduced12/21/2012
Referred to Committee
Passed Assembly Committee on Natural Resources4/15/2013
Passed Assembly Committee on Appropriations5/24/2013
Passed Assembly Committee on Natural Resources6/24/2013
Passed Assembly6/27/2013
Passed Senate Committee on Environmental Quality6/25/2014
Passed Senate Committee on Appropriations8/04/2014
Passed Senate Committee on Appropriations8/14/2014
Passed Senate8/27/2014
Passed Assembly8/28/2014
Presented to the governor (enrolled)9/10/2014
Became law (chaptered).9/25/2014
Bill History
Chamber/CommitteeMotionDateResult
select this voteAssembly Committee on Natural ResourcesDo pass and be re-referred to the Committee on Appropriations.4/15/2013This motion PASSED the Assembly Committee on Natural Resources
5 voted YES 0 voted NO 4 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass.5/24/2013This motion PASSED the Assembly Committee on Appropriations
12 voted YES 0 voted NO 5 voted present/not voting
select this voteAssembly Committee on Natural ResourcesDo pass.6/24/2013This motion PASSED the Assembly Committee on Natural Resources
6 voted YES 0 voted NO 3 voted present/not voting
select this voteAssemblyAB 52 GATTO Assembly Third Reading6/27/2013This bill PASSED the Assembly
58 voted YES 0 voted NO 21 voted present/not voting
select this voteSenate Committee on Environmental QualityDo pass as amended, and re-refer to the Committee on Appropriations.6/25/2014This motion PASSED the Senate Committee on Environmental Quality
6 voted YES 0 voted NO 1 voted present/not voting
select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.8/04/2014This motion PASSED the Senate Committee on Appropriations
7 voted YES 0 voted NO 0 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass as amended.8/14/2014This motion PASSED the Senate Committee on Appropriations
5 voted YES 0 voted NO 2 voted present/not voting
select this voteSenateAssembly 3rd Reading AB52 Gatto By Wyland8/27/2014This bill PASSED the Senate
35 voted YES 0 voted NO 5 voted present/not voting
currently selectedAssemblyAB 52 GATTO Concurrence in Senate Amendments8/28/2014This bill PASSED the Assembly
78 voted YES 0 voted NO 1 voted present/not voting
ActionDateDescription
Introduced12/21/2012
12/21/2012Introduced. To print.
12/24/2012From printer. May be heard in committee January 23.
1/07/2013Read first time.
3/20/2013Re-referred to Com. on NAT. RES.
4/08/2013From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
4/09/2013Re-referred to Com. on NAT. RES.
select this voteVote4/15/2013Do pass and be re-referred to the Committee on Appropriations.
4/16/2013From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 15). Re-referred to Com. on APPR.
4/19/2013From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
4/22/2013Re-referred to Com. on APPR.
5/15/2013In committee: Set, first hearing. Referred to APPR. suspense file.
select this voteVote5/24/2013Do pass.
5/31/2013Re-referred to Com. on NAT. RES.
select this voteVote6/24/2013Do pass.
6/25/2013From committee: Do pass. (Ayes 6. Noes 0.) (June 24).
6/26/2013Read second time. Ordered to third reading.
6/27/2013Read third time. Passed. Ordered to the Senate.
select this voteAssembly Vote on Passage6/27/2013AB 52 GATTO Assembly Third Reading
7/01/2013In Senate. Read first time. To Com. on RLS. for assignment.
7/03/2013Referred to Com. on E.Q.
8/26/2013From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
9/05/2013From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
9/10/2013Joint Rule 61(a) suspended. Joint Rule 62(a) suspended.
5/19/2014In committee: Set, first hearing. Hearing canceled at the request of author.
6/02/2014From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
6/12/2014In committee: Hearing postponed by committee.
6/16/2014From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
select this voteVote6/25/2014Do pass as amended, and re-refer to the Committee on Appropriations.
7/01/2014From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 25).
7/02/2014Read second time and amended. Re-referred to Com. on APPR.
8/04/2014In committee: Placed on APPR. suspense file.
select this voteVote8/04/2014Placed on Appropriations Suspense file.
select this voteVote8/14/2014Do pass as amended.
8/18/2014From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).
8/19/2014Read second time and amended. Ordered to third reading.
8/22/2014Read third time and amended. Ordered to second reading.
8/25/2014Read second time. Ordered to third reading.
8/27/2014Read third time. Passed. Ordered to the Assembly.
8/27/2014In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.
select this voteSenate Vote on Passage8/27/2014Assembly 3rd Reading AB52 Gatto By Wyland
8/28/2014Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling.
currently selectedAssembly Vote on Passage8/28/2014AB 52 GATTO Concurrence in Senate Amendments
9/10/2014Enrolled and presented to the Governor at 4 p.m.
9/25/2014Approved by the Governor.
9/25/2014Chaptered by Secretary of State - Chapter 532, Statutes of 2014.

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0 Organizations Supported and 0 Opposed

Organizations that took a position on
An Act to Amend Section 5097.94 Of, and to Add Sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3 To, the Public Resources Code, Relating to Native Americans.: AB 52 GATTO Concurrence in Senate Amendments

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0 organizations opposed this bill

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Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2011 – December 31, 2012.
Contributions data source: FollowTheMoney.org

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NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Katcho AchadjianRCA-35$0$0
Luis AlejoDCA-30$0$0
Travis AllenRCA-72$0$0
Tom AmmianoDCA-17$0$0
Toni G. AtkinsDCA-78$0$0
Frank BigelowRCA-5$0$0
Richard BloomDCA-50$0$0
Raul BocanegraDCA-39$0$0
Susan BonillaDCA-14$0$0
Rob BontaDCA-18$0$0
Steven BradfordDCA-62$0$0
Cheryl BrownDCA-47$0$0
Joan BuchananDCA-16$0$0
Ian C. CalderonDCA-57$0$0
Nora CamposDCA-27$0$0
Ed ChauDCA-49$0$0
Rocky J. ChavezRCA-76$0$0
Wesley ChesbroDCA-2$0$0
Connie ConwayRCA-26$0$0
Ken CooleyDCA-8$0$0
Matthew DababnehDCA-45$0$0
Brian DahleRCA-1$0$0
Tom DalyDCA-69$0$0
Roger DickinsonDCA-7$0$0
Tim DonnellyRCA-33$0$0
Susan Talamantes EggmanDCA-13$0$0
Paul FongDCA-28$0$0
Steve FoxDCA-36$0$0
Jim FrazierDCA-11$0$0
Beth GainesRCA-6$0$0
Cristina GarciaDCA-58$0$0
Mike GattoDCA-43$0$0
Jimmy GomezDCA-51$0$0
Lorena S. GonzalezDCA-80$0$0
Rich GordonDCA-24$0$0
Jeff GorellRCA-44$0$0
Adam C. GrayDCA-21$0$0
Shannon GroveRCA-34$0$0
Curt HagmanRCA-55$0$0
Isadore HallDCA-64$0$0
Diane HarkeyRCA-73$0$0
Roger HernandezDCA-48$0$0
Chris R. HoldenDCA-41$0$0
Brian JonesRCA-71$0$0
Reginald B. Jones-Sawyer, Sr.DCA-59$0$0
Marc LevineDCA-10$0$0
Eric LinderRCA-60$0$0
Dan LogueRCA-3$0$0
Bonnie LowenthalDCA-70$0$0
Brian MaienscheinRCA-77$0$0
Allan MansoorRCA-74$0$0
Jose MedinaDCA-61$0$0
Melissa A. MelendezRCA-67$0$0
Kevin MullinDCA-22$0$0
Al MuratsuchiDCA-66$0$0
Adrin NazarianDCA-46$0$0
Brian NestandeRCA-42$0$0
Kristin OlsenRCA-12$0$0
Richard PanDCA-9$0$0
Jim PattersonRCA-23$0$0
Henry PereaDCA-31$0$0
John PerezDCA-53$0$0
Manuel PerezDCA-56$0$0
Bill QuirkDCA-20$0$0
Sharon Quirk-SilvaDCA-65$0$0
Anthony RendonDCA-63$0$0
Sebastian Ridley-ThomasDCA-54$0$0
Freddie RodriguezDCA-52$0$0
Rudy SalasDCA-32$0$0
Nancy SkinnerDCA-15$0$0
Mark StoneDCA-29$0$0
Philip Y. TingDCA-19$0$0
Don WagnerRCA-68$0$0
Marie WaldronRCA-75$0$0
Shirley N. WeberDCA-79$0$0
Bob WieckowskiDCA-25$0$0
Scott WilkRCA-38$0$0
Das WilliamsDCA-37$0$0
Mariko YamadaDCA-4$0$0

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