BILL NUMBER: AB 1020	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 9, 2011
	PASSED THE ASSEMBLY  MAY 23, 2011
	AMENDED IN ASSEMBLY  MAY 5, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Chesbro
   (Principal coauthor: Senator Evans)

                        FEBRUARY 18, 2011

   An act to repeal and add Section 12012.54 of the Government Code,
relating to tribal gaming, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1020, Chesbro. Tribal gaming: compact ratification.
   Existing federal law, the Indian Gaming Regulatory Act, provides
for the negotiation and execution of tribal-state gaming compacts for
the purpose of authorizing certain types of gaming on Indian lands
within a state. The California Constitution authorizes the Governor
to negotiate and conclude compacts, subject to ratification by the
Legislature. Existing law ratified the tribal-state gaming compact
entered into between the State of California and the Habematolel Pomo
of Upper Lake, executed on September 2, 2009, but that compact was
later rejected by the federal Bureau of Indian Affairs.
   The California Environmental Quality Act (CEQA) requires a lead
agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect.
   This bill would repeal the ratification of the tribal-state gaming
compact entered into between the State of California and the
Habematolel Pomo of Upper Lake, executed on September 2, 2009, and
would ratify a new tribal-state gaming compact entered into between
the State of California and the Habematolel Pomo of Upper Lake,
executed on March 17, 2011. The bill would provide that, in deference
to tribal sovereignty, certain actions may not be deemed projects
for purposes of the California Environmental Quality Act. By imposing
additional duties on a lead agency with regard to the implementation
of CEQA requirements, this bill would increase the service provided
by a local agency, thereby creating a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12012.54 of the Government Code is repealed.
  SEC. 2.  Section 12012.54 is added to the Government Code, to read:

   12012.54.  (a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C.
Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between
the State of California and the Habematolel Pomo of Upper Lake,
executed on March 17, 2011, is hereby ratified.
   (b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):
   (A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.
   (B) The execution of the tribal-state gaming compact ratified by
this section.
   (C) The execution of an intergovernmental agreement between a
tribe and a county or city government negotiated pursuant to the
express authority of, or as expressly referenced in, the tribal-state
gaming compact ratified by this section.
   (D) The execution of an intergovernmental agreement between a
tribe and the California Department of Transportation negotiated
pursuant to the express authority of, or as expressly referenced in,
the tribal-state gaming compact ratified by this section.
   (E) The on-reservation impacts of compliance with the terms of the
tribal-state gaming compact ratified by this section.
   (F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.
   (2) Except as expressly provided herein, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the California Department of Transportation, from the
requirements of the California Environmental Quality Act.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to allow the revenues from this act to be eligible for
revenue sharing at the earliest possible time to address some of the
state's pressing budget issues, it is necessary that this act take
effect immediately.