BILL NUMBER: AB 1245 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 25, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 22, 2013
An act to amend Section 17282 of the Education Code,
relating to school facilities. add Section 12012.61 to
the Government Code, relating to tribal ga ming
.
LEGISLATIVE COUNSEL'S DIGEST
AB 1245, as amended, V. Manuel Pérez. School facilities:
natural disasters: expedited review and approval process.
Tribal gaming: compact ratification.
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.
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 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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.61 is added to the
Government Code , to read:
12012.61. (a) The tribal-state gaming compact entered into in
accordance with the federal Indian Gaming Regulatory Act of 1988 (18
U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et
seq.) between the State of California and the Ramona Band of
Cahuilla, executed on June 10, 2013, 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
compacts ratified by this section.
(B) The execution of the tribal-state gaming compacts 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 compacts ratified by this section.
(D) The execution of an intergovernmental agreement between a
tribe and the Department of Transportation negotiated pursuant to the
express authority of, or as expressly referenced in, the
tribal-state gaming compacts ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
tribal-state gaming compacts 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, this subdivision does not
exempt a city, county, or city and county, or the Department of
Transportation, from the requirements of the California Environmental
Quality Act.
SECTION 1. Section 17282 of the Education Code
is amended to read:
17282. (a) It is the intent of the Legislature to expedite the
repair, alteration, and reconstruction of school facilities that have
been damaged or destroyed by fire, earthquake, flood, or other
manmade or natural disasters, to return those school facilities to a
condition that makes them useful to school districts in the least
amount of time and at the lowest appropriate cost while maintaining
the integrity and safety of the structure as required by the laws of
this state.
(b) Notwithstanding any other law, if a school facility has been
damaged or destroyed by fire, earthquake, flood, or other manmade or
natural disaster, all reviews or approvals required by this article
shall be expedited. In no event shall a review or approval exceed 60
days, excluding weekends and holidays, from the date of receipt of
all complete plans, specifications, and documentation for the
facilities from the school district.
(c) If, upon review, the plans or specifications require minor
amendment or modification, these minor amendments or modifications
shall not delay the completion of the review or approval beyond the
60-day requirement specified in subdivision (b) unless the amendment
or modification constitutes a major substantive change affecting the
entire project. While any minor amendments or modifications are being
undertaken, the remainder of the project shall continue under review
so that a timely and adequate review may be completed within the
60-day requirement of subdivision (b).
(d) A state agency that is required to perform a review or
approval under this article may hire additional personnel or incur
any additional costs necessary to perform the review or approval
within the time limits set forth in this section and shall charge the
school district a fee not to exceed the actual cost of the review or
approval up to a maximum of 3 percent of the total cost of the
project.
(e) As used in this section, "damaged" means damages to the extent
that occupancy is precluded based upon a report of an architect or a
structural engineer and the concurrence of the Department of General
Services in the report's conclusion that the occupancy of the
premises is precluded.
(f) The expedited review and approval required by this section
shall not apply if the documents are not submitted within six months
of the damage to, or destruction of, the facilities.