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Advancing Indigenous Environmental Justice: Wins and Setbacks in Sacramento


Governor Newsom has recently signed new environmental legislation, marking progress for California’s sustainability efforts. One bill, Senate Bill (SB) 1221, mandates the California Public Utilities Commission to designate priority neighborhoods for transitioning from gas to all-electric systems.


Another win is SB 1053, which expands the statewide plastic bag ban to include all plastic bags, not just low-density polyethylene ones—leaving paper bags, available for a fee, as the only option. Aside from these, there are a couple other bills signed by the Governor that are particularly relevant to EPIC’s work in supporting tribal stewardship. 


One such bill is SB 310, which seeks to streamline cultural burning for California Native American tribes. The key part of the amendment is the addition of section 4505 to Chapter 7 of Part 2 of Division 4 of the Public Resources Code, titled “Burning of Lands”. This new section allows federally recognized tribes to enter into agreements with the California Natural Resources Agency (CNRA) and local air districts in support of tribal sovereignty over cultural burning. Once an agreement has been reached, this would allow CNRA and local air districts to lift air quality and burn permit requirements. When concerns were raised by the California Air Pollution Control Officers Association about lifting permit requirements, such as required notice, supporters of the bill reminded the Association that CNRA and air districts will need to certify each agreement and that each agreement will address these issues on a case-by-case basis. Part of this concern likely comes with the added change that agreements can be made for cultural burning within a tribe’s ancestral territory, potentially expanding the area that tribes could perform cultural burns on. Earlier versions of the bill defined ancestral territory, but a definition did not make it into the final version. Despite efforts to streamline the process, tribes may still face challenges in negotiating agreements with the CNRA for a cultural practice that was historically oppressed through colonization. While the legislation regarding agreements with CNRA avoids imposing regulations on tribes, it applies only to federally recognized tribes, leaving non-federally recognized tribes excluded. However, with this new tool, EPIC remains hopeful that cultural burns will become more widespread in California's forests, leading to reduced wildfire risk and increased biodiversity.


Another major win for tribal sovereignty is Assembly Bill (AB) 1284, which encourages CNRA and its departments to enter into co-governance and co-management agreements with federally recognized tribes in California for state-owned and managed lands. In his signing message, Governor Newsom stated that the agreements may take several different forms including memoranda of understanding (MOUs) and contracts. Largely, the law clarifies one path or one authority for co-management agreements – situating it under the Joint Powers Agreements section of the California Government code starting at Section 6502 titled “Joint exercise of powers common to contracting parties.” This section of California law allows two or more public agencies to jointly exercise any power that is shared by the parties. Agencies do not need to have the same power over the same geographic region. For example, multiple cities who each have authority to provide fire suppression services to their own jurisdictions can enter into a Joint Powers Agreement to provide and share resources with each other’s jurisdictions. AB 1284 empowers tribes to develop similar agreements on co-management with California public agencies, acknowledging that tribes may exercise the same authority, responsibilities, and decision-making power as CNRA agencies. This is a significant step forward, as the lack of clear authority in such agreements has often been a barrier cited by state agencies. Additionally, the law enables tribes to consult with CNRA agencies to initiate the co-management process. This development could greatly benefit EPIC’s work to conserve Jackson Demonstration State Forest, as tribal co-management has been a key focus in our advocacy with the California Department of Forestry & Fire Protection (CAL FIRE). Indigenous peoples play a critical role in preserving biodiversity and promoting sustainable land management practices. AB 1284 also aligns with the CNRA’s efforts to develop a strategy toolkit for tribal stewardship, with a draft expected early next year.


Despite these victories, there have also been recent setbacks. Notably, Governor Newsom vetoed AB 2537, which would have enabled the State Energy Resources Conservation and Development Commission to allocate funding to local communities and tribes for their participation in offshore wind development through the Voluntary Offshore Wind and Coastal Resources Protection Program. Tribes often face limited capacity to engage in time-consuming development planning, making it crucial that they have the resources needed to participate in potential offshore wind projects. Unfortunately, this bill's veto leaves a gap in support for tribal involvement in such initiatives.


EPIC remains committed to advocating for these critical issues and will continue working to ensure that environmental protection, tribal stewardship, and sustainable land management stay at the forefront of California’s policy efforts. Together, we can create a healthier, more resilient future for our state.

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