AB 168 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 168	CA	2020	D	Environmental review, Written findings, burden and standard of proof

Provided by Furman

Summary

Requires local planning agencies include in their general plan annual reports the progress of the local government in adopting or amending a general plan or local open-space element in compliance with obligations to consult with California Native American tribes and to identify and protect, preserve, and mitigate impacts to tribal historical, cultural, and sacred sites.
Requires development proponents submitting applications for development projects to the streamlined, ministerial approval process to comply with a scoping process led by the local government with any California Native American tribe that is traditionally and culturally affiliated with the geographic area in which the development project is located. Outlines specific requirements, including deadlines and notifications, for the scoping process.
Deems a project ineligible for the streamlined, ministerial approval process and subject to CEQA, if (A) the site of the proposed development is a tribal cultural resource that is on a national, state, tribal, or local historic register list, (B) the local government and the California Native American tribe do not agree that no potential tribal cultural resource would be affected by the proposed development, or (C) the local government and California Native American tribe find that a potential tribal cultural resource could be affected by the proposed development and the parties do not document an enforceable agreement regarding the methods, measures, and conditions for treatment of those tribal cultural resources.

Provided by lawmakers