HomeMy WebLinkAboutAB 52 (Aguiar-Curry) Native American Resources - City of SLO - Letter of OPPOSITIONCity of San Luis Obispo, Office of the City Council, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114,
slocity.org
April 29, 2025
The Honorable Isaac Bryan
Chair, Assembly Natural Resources Committee
1020 N Street, Room 164
Sacramento, CA 95814
RE: Oppose – AB 52 (Aguiar-Curry), Native American Resources
Notice of Opposition
Dear Assemblymember Bryan,
On behalf of the City of San Luis Obispo, I write in opposition to Assembly Bill 52 (Aguiar-Curry), unless
it is amended to preserve the integrity of California’s established environmental review framework
and also ensure equitable consultation processes with all California Native American Tribes.
We deeply respect the cultural and historical contributions of California’s Tribal Nations, including
the yak titʸu titʸu yak tiłhini Northern Chumash Tribe, the documented lineal descendants of the lands
that include San Luis Obispo. The City of San Luis Obispo has long supported meaningful consultation
with Tribes. The proposed amendments to AB52 act to exclude California Tribal Nations with
longstanding and irreplaceable knowledge of their ancestral homelands from critical decision-making
processes related to Tribal cultural resources and environmental protection.
In addition, AB 52 as currently drafted introduces fundamental changes to the CEQA process that
would create significant uncertainty for local governments and threaten our ability to deliver critical
infrastructure, housing, and environmental protection projects in a timely and transparent manner.
Key concerns include:
• The amendments as currently written directly contradict the objectives outlined in Executive
Orders B-10-11 and N-15-19, which prioritize the protection of Native American cultural
heritage and promote meaningful government-to-government consultation for all California
Native American Tribes.
• The bill’s division between federally and non-federally recognized Tribes arbitrarily prioritizes
federally recognized Tribes while relegating non-federally recognized Tribes to a secondary
status despite non-federally recognized Tribes’ legitimate connections to and knowledge of
their homelands.
• Extended and open-ended consultation beyond CEQA's environmental review process,
including during planning and construction phases. This undermines CEQA’s purpose of early
engagement and could halt projects midstream, even after mitigation measures have been
adopted.
• Mandatory deference to Tribal governments in determining mitigation and cultural resource
protection—regardless of federal recognition status—without providing a framework for
reconciling competing stakeholder interests or local agency responsibilities.
• Unequal treatment of interested parties by requiring draft environmental documents and
technical data to be shared with Tribal governments before any other stakeholders, eroding
CEQA’s principles of transparency and public disclosure.
• Legal uncertainty and increased litigation risk for public agencies tasked with delivering vital
services and state-mandated priorities, such as housing production, renewable energy, and
climate-resilient infrastructure.
• Unworkable requirements for public land management, including undefined restrictions on
the use of public property that could be interpreted to prevent development or access based
on claims of religious expression or historical cultural damage—without due process or clear
criteria.
These provisions conflict with the City’s Legislative Platform, which supports advancing access for
Indigenous communities as well as fair and timely environmental review, responsible local decision-
making, and the advancement of sustainable, inclusive communities.
A balanced solution must be sought that both protects the sovereignty of all California Native
American Tribes, regardless of their federal recognition status, and preserves CEQA’s foundational
purpose—disclosure, mitigation, and informed decision-making.
Sincerely,
Erica A. Stewart
Mayor
City of San Luis Obispo
cc: The Honorable Cecilia Aguiar-Curry
Members, Assembly Natural Resources Committee
Senator John Laird
Assemblymember Dawn Addis
Dave Mullinex, Cal Cities
League of California Cities, cityletters@calcities.org