Amended in Assembly June 25, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1245


Introduced by Assembly Member V. Manuel Pérez

February 22, 2013


An act tobegin delete amend Section 17282 of the Education Code, relating to school facilities.end deletebegin insert add Section 12012.61 to the Government Code, relating to tribal gamingend insertbegin insert.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1245, as amended, V. Manuel Pérez. begin deleteSchool facilities: natural disasters: expedited review and approval process. end deletebegin insertTribal gaming: compact ratification.end insert

begin insert

Existing federal law, the Indian Gaming Regulatory Act of 1988, 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 expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.

end insert
begin insert

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.

end insert
begin insert

This bill would ratify the tribal-state gaming compact entered into between the State of California and the Ramona Band of Cahuilla, executed on June 10, 2013. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for purposes of CEQA.

end insert
begin delete

Existing law requires the Department of General Services, under the police power of the state, to supervise the design and construction of any school building, or the reconstruction or alteration of or addition to any school building, unless subject to a specific exemption, to ensure, among other things, that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. Existing law requires all reviews or approvals required under certain provisions to be expedited, and in no event to exceed 60 days, if a school facility has been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disaster. Existing law authorizes a state agency required to perform any expedited review or approval to hire additional personnel or incur additional costs necessary to perform the review or approval within the 60-day time limit and requires the state agency to charge the school district a fee that does not exceed the actual costs of the review or approval.

end delete
begin delete

This bill would instead require the state agency to charge the school district a fee, as described above, that does not exceed the actual costs of the review or approval up to a maximum of 3% of the total cost of the project.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 12012.61 is added to the end insertbegin insertGovernment
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert12012.61.end insert  

(a) The tribal-state gaming compact entered into
4in accordance with the federal Indian Gaming Regulatory Act of
51988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec.
62701 et seq.) between the State of California and the Ramona Band
7of Cahuilla, executed on June 10, 2013, is hereby ratified.

8(b) (1) In deference to tribal sovereignty, none of the following
9shall be deemed a project for purposes of the California
P3    1Environmental Quality Act (Division 13 (commencing with Section
221000) of the Public Resources Code):

3(A) The execution of an amendment to the tribal-state gaming
4compacts ratified by this section.

5(B) The execution of the tribal-state gaming compacts ratified
6by this section.

7(C) The execution of an intergovernmental agreement between
8a tribe and a county or city government negotiated pursuant to
9the express authority of, or as expressly referenced in, the
10tribal-state gaming compacts ratified by this section.

11(D) The execution of an intergovernmental agreement between
12a tribe and the Department of Transportation negotiated pursuant
13to the express authority of, or as expressly referenced in, the
14tribal-state gaming compacts ratified by this section.

15(E) The on-reservation impacts of compliance with the terms
16of the tribal-state gaming compacts ratified by this section.

17(F) The sale of compact assets, as defined in subdivision (a) of
18Section 63048.6, or the creation of the special purpose trust
19established pursuant to Section 63048.65.

20(2) Except as expressly provided herein, this subdivision does
21not exempt a city, county, or city and county, or the Department
22of Transportation, from the requirements of the California
23Environmental Quality Act.

end insert
begin delete
24

SECTION 1.  

Section 17282 of the Education Code is amended
25to read:

26

17282.  

(a) It is the intent of the Legislature to expedite the
27repair, alteration, and reconstruction of school facilities that have
28been damaged or destroyed by fire, earthquake, flood, or other
29manmade or natural disasters, to return those school facilities to
30a condition that makes them useful to school districts in the least
31amount of time and at the lowest appropriate cost while maintaining
32the integrity and safety of the structure as required by the laws of
33this state.

34(b) Notwithstanding any other law, if a school facility has been
35damaged or destroyed by fire, earthquake, flood, or other manmade
36or natural disaster, all reviews or approvals required by this article
37shall be expedited. In no event shall a review or approval exceed
3860 days, excluding weekends and holidays, from the date of receipt
39of all complete plans, specifications, and documentation for the
40facilities from the school district.

P4    1(c) If, upon review, the plans or specifications require minor
2amendment or modification, these minor amendments or
3modifications shall not delay the completion of the review or
4approval beyond the 60-day requirement specified in subdivision
5(b) unless the amendment or modification constitutes a major
6substantive change affecting the entire project. While any minor
7amendments or modifications are being undertaken, the remainder
8of the project shall continue under review so that a timely and
9adequate review may be completed within the 60-day requirement
10of subdivision (b).

11(d) A state agency that is required to perform a review or
12approval under this article may hire additional personnel or incur
13any additional costs necessary to perform the review or approval
14within the time limits set forth in this section and shall charge the
15school district a fee not to exceed the actual cost of the review or
16approval up to a maximum of 3 percent of the total cost of the
17project.

18(e) As used in this section, “damaged” means damages to the
19extent that occupancy is precluded based upon a report of an
20architect or a structural engineer and the concurrence of the
21Department of General Services in the report’s conclusion that the
22occupancy of the premises is precluded.

23(f) The expedited review and approval required by this section
24shall not apply if the documents are not submitted within six
25months of the damage to, or destruction of, the facilities.

end delete


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