Bill Text: CA AB923 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Government-to-Government Consultation Act: state-tribal consultation: training.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2022-09-23 - Chaptered by Secretary of State - Chapter 475, Statutes of 2022. [AB923 Detail]

Download: California-2021-AB923-Amended.html

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Amended  IN  Assembly  January 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 923

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Introduced by Assembly Member Ramos
(Coauthors: Assembly Members Burke, Medina, and Rodriguez)

February 17, 2021

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An act to add Section 11019.81 to the Government Code, relating to state government.

LEGISLATIVE COUNSEL'S DIGEST

AB 923, as amended, Ramos. Government-to-Government Consultation Act: state-tribal consultation.

Existing law encourages and authorizes all state agencies to cooperate with federally recognized California tribes on matters of economic development and improvement for the tribes, including providing information on programs available to assist Indian tribes, providing technical assistance on the preparation of grants and applications for public and private funds, and conducting meetings and workshops.

This bill would require the state and its agencies to consult on a government-to-government basis with California tribes. The bill would require the executive branch to consult with a tribe upon 60 days’ notice of the request to consult, and would require each agency director to consider the need for tribal consultation before approving an agency policy. The bill would designate state officials authorized to represent the state in government-to-government consultations, as provided. The bill would require the Governor’s Tribal Advisor to convene a council of tribal liaisons to develop, a training to be developed, by June 30, 2022, 2023, regarding the required elements of training on government-to-government consultations, and would require all agency directors, chairs, executive officers and chief counsels to complete the training by January 1, 2023. 2024. The bill would require agency officials appointed after January 1, 2023, 2024, to arrange receipt of the training within 6 months of their appointment, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 (a) On November 9, 2000, President Bill Clinton issued Executive Order 13175, stating “in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes....” That order required all federal departments to establish an “accountable process to ensure meaningful and timely input by tribal officials.”

(b) On September 19, 2011, Governor Edmund G. Brown Jr. issued Executive Order B-10-11, which established the Office of the Governor’s Tribal Advisor, to “oversee and implement effective government-to-government consultation between my Administration and Tribes on policies that affect California tribal communities.”

(c) On June 18, 2019, Governor Gavin Newsom, in Executive Order N-15-19, reaffirmed the State’s commitment, requiring “the Governor’s Tribal Advisor and the Administration to engage in government-to-government consultation with California Native American Tribes.”

(d) This act intends to support the executive branch’s commitment to government-to-government consultation, by establishing whom in state agencies has authority to represent the State of California in such consultations, and providing for training to support such consultations.

SEC. 2.

 Section 11019.81 is added to the Government Code, immediately following Section 11019.8, to read:

11019.81.

 (a) (1) This section shall be known and may be cited as the Government-to-Government Consultation Act.

(2) The State of California and its agencies shall consult on a government-to-government basis with California Native American Tribes, in order to allow tribal officials the opportunity for meaningful and timely input in the development of policies, processes, programs, and projects that have tribal implications.

(b) At the request of a California Native American Tribe for a government-to-government consultation on a specified policy, the executive branch shall consult with the tribe as to the specified policy within 60 days of the request.

(c) Each agency director shall consider the need for tribal consultation before approving an agency policy.

(d) (1) Within the executive branch, the following officials shall have authority to represent the State of California in a tribal government-to-government consultation:

(A) The Governor.

(B) The Attorney General.

(C) Each constitutional officer.

(D) The director of each state agency and department.

(E) The chair and the executive officer of each state commission and task force.

(F) The chief counsel of any state agency.

(2) Each official authorized by this subdivision may formally designate another agency official to conduct preliminary tribal consultations, however only the identified officials have authority to act on behalf of the State of California during a government-to-government consultation.

(e) The Governor’s Tribal Advisor shall convene a council of tribal liaisons within each state agency to develop A training shall be developed regarding the required elements of training on government-to-government consultations for agency directors, chairs, executive officers, and chief counsels. The elements of the training shall be identified and described by June 30, 2022. 2023.

(f) All agency directors, chairs, executive officers and chief counsels shall complete the training on government-to-government consultation, as arranged by the Governor’s Tribal Advisor, consultation by January 1, 2023. 2024. Agency officials appointed after that date shall arrange for the training within six months of their appointment or confirmation of appointment, whichever is later.