Legislative Updates
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This page provides information on important executive orders and a subset of bills relating to California Air Resources Board (CARB) and other environmental agency efforts that may impact California Tribes.
Executive Order B-10-11
Governor Brown signed Executive Order B-10-11 on September 19, 2011, directing State agencies and departments, including CARB, to engage in effective government-to-government cooperation, collaboration, communication, and consultation with both federally recognized and non-federally recognized tribes when developing legislation, regulations, rules, and policies on matters that may affect tribal entities. This executive order serves as the basis for CARB’s Tribal Consultation Policy that guides CARB staff in their tribal relations work.
Assembly Bill 52 – Including Tribal Cultural Resources in California Environmental Quality Act Environmental Analysis
On September 25, 2014, the legislature enacted Assembly Bill (AB) 52 (Gatto, Chapter 532, Statues of 2014), which amended the California Environmental Quality Act (CEQA). Under AB 52, CEQA analyses must consider the potential for impacts to tribal cultural resources, and under certain circumstances lead agencies must consult with tribes that are traditionally and culturally affiliated with the geographic area of the proposed project. AB 52 consultations differ from other general consultations described in this policy because AB 52 consultations relate only to the CEQA environmental analysis conducted for a project, apply only to agencies that are lead agencies for a project, include specific timelines that apply both to the agency and the tribe, and impose specific requirements the lead agency, such as CARB, must follow.
Senate Bill 310 - Prescribed Fire: Civil Liability: Cultural Burns (2023-2024)
Senate Bill (SB) 310 (Dodd, Chapter 666, Statutes of 2024), passed in September 2024, authorizes the California Natural Resources Agency (CNRA) and local air districts to enter into written agreements with federally recognized California Native American tribes in support of tribal sovereignty regarding cultural burning in their ancestral territories. CARB’s role in SB 310 is to provide support to CNRA, local air districts, and tribes when needed. CNRA is the lead agency for bill implementation. CARB’s role is to provide support to CNRA, local air districts, and tribes when needed.
Assembly Bill 3017 - State-Funded Assistance Grants and Contracts: Advance Payments (2023-2024)
AB 3017 (Hart, Chapter 664, Statutes of 2024) passed in September 2024, which went into effect in January 2025. Existing law authorizes specified state departments and authorities, upon determining that an advance payment is essential for the effective implementation of a program, to provide advance funds not exceeding 25% of the annual allocation to a community-based private nonprofit agency contracted for service delivery during the fiscal year. AB 3017 impacts tribes in several ways. First, it improves advance payment practices for state grants and contracts with tribes. It also expands the definition of "recipient entity" to include federally recognized tribes whose territorial boundaries lie wholly or partially within the State of California, and any agencies, entities, or arms of such tribes, and exempts them from the requirement to demonstrate good standing under federal tax law.