Amended in Senate August 3, 2016

Amended in Senate June 10, 2015

Amended in Assembly April 23, 2015

Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 291


Introduced by Assemblybegin delete Member Medinaend deletebegin insert Members Atkins and Gonzalezend insert

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(Coauthors: Assembly Members Jones and Medina)

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(Coauthor: Senator Anderson)

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February 11, 2015


An act tobegin delete amend Section 21152 of, and to add Section 21152.2 to, the Public Resources Code, relating to environmental quality.end deletebegin insert add Section 12012.72 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 291, as amended, begin deleteMedinaend delete begin insertAtkinsend insert. begin deleteCalifornia Environmental Quality Act: local agencies: notice of determination: water. end deletebegin insertTribal gaming: compact ratification.end insert

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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 to tribal-state gaming compacts, between the State of California and specified Indian tribes.

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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.

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This bill would ratify the tribal-state gaming compact entered into between the State of California and the Barona Band of Mission Indians, executed on June 22, 2016. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.

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This bill would declare that it is to take effect immediately as an urgency statute.

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The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

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CEQA requires a local agency that approves or determines to carry out a project subject to CEQA to file a notice of the approval or determination with the county clerk of each county in which the project will be located and requires the county clerk to make the notice available for public inspection. CEQA requires a person challenging a public agency’s action on the ground of noncompliance with CEQA to file an action or proceeding with the court within a specified time period that commences on the date of the filing of the notice of approval or determination.

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This bill would authorize a local agency, for certain water projects, to file the notice with the county clerk of the county in which the local agency’s principal office is located, along with any required payment to the Department of Fish and Wildlife, and with the Office of Planning and Research, and to transmit a copy of the notice to the county clerks of the counties in which the water project is located, as specified. The bill would require the notice and the copies of the notice to be available for public inspection and posted by the respective county clerks, as provided. The bill would specify that the time period for filing an action or proceeding challenging a local agency’s action on the ground of noncompliance with CEQA commences on the date on which the notice is filed with the Office of Planning and Research.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 12012.72 is added to the end insertbegin insertGovernment
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert12012.72.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 Barona Band
7of Mission Indians, executed on June 22, 2016, 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
10Environmental Quality Act (Division 13 (commencing with Section
1121000) of the Public Resources Code):

12
(A) The execution of an amendment to the tribal-state gaming
13compact ratified by this section.

14
(B) The execution of the tribal-state gaming compact ratified
15by this section.

16
(C) The execution of an intergovernmental agreement between
17a tribe and a county or city government negotiated pursuant to
18the express authority of, or as expressly referenced in, the
19tribal-state gaming compact ratified by this section.

20
(D) The execution of an intergovernmental agreement between
21a tribe and the Department of Transportation negotiated pursuant
22to the express authority of, or as expressly referenced in, the
23tribal-state gaming compact ratified by this section.

24
(E) The on-reservation impacts of compliance with the terms
25of the tribal-state gaming compact ratified by this section.

26
(F) The sale of compact assets, as defined in subdivision (a) of
27Section 63048.6, or the creation of the special purpose trust
28established pursuant to Section 63048.65.

P4    1
(2) Except as expressly provided herein, this subdivision does
2not exempt a city, county, or city and county, or the Department
3of Transportation, from the requirements of the California
4Environmental Quality Act.

end insert
5begin insert

begin insertSEC. 2.end insert  

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begin insert

This act is an urgency statute necessary for the
6immediate preservation of the public peace, health, or safety within
7the meaning of Article IV of the Constitution and shall go into
8immediate effect. The facts constituting the necessity are:

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9
In order to enhance the economic development, stability, and
10self-sufficiency of the Barona Band of Mission Indians and to
11protect the interests of the tribe and its members, the surrounding
12community, and the California public at the earliest possible time,
13it is necessary that this act take effect immediately.

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14

SECTION 1.  

Section 21152 of the Public Resources Code is
15amended to read:

16

21152.  

(a) Except as provided in Section 21152.2, if a local
17agency approves or determines to carry out a project that is subject
18to this division, the local agency shall file notice of the approval
19or the determination within five working days after the approval
20or determination becomes final, with the county clerk of each
21county in which the project will be located. The notice shall
22identify the person or persons in subdivision (b) or (c) of Section
2321065, as reflected in the agency’s record of proceedings, and
24indicate the determination of the local agency whether the project
25will, or will not, have a significant effect on the environment and
26 shall indicate whether an environmental impact report has been
27prepared pursuant to this division. The notice shall also include
28certification that the final environmental impact report, if one was
29prepared, together with comments and responses, is available to
30the general public.

31(b) If a local agency determines that a project is not subject to
32this division pursuant to subdivision (b) of Section 21080 and the
33local agency approves or determines to carry out the project, the
34local agency or the person specified in subdivision (b) or (c) of
35Section 21065 may file a notice of the determination with the
36county clerk of each county in which the project will be located.
37A notice filed pursuant to this subdivision shall identify the person
38or persons in subdivision (b) or (c) of Section 21065, as reflected
39in the agency’s record of proceedings. A notice filed pursuant to
40this subdivision by a person specified in subdivision (b) or (c) of
P5    1Section 21065 shall have a certificate of determination attached
2to it issued by the local agency responsible for making the
3determination that the project is not subject to this division pursuant
4to subdivision (b) of Section 21080. The certificate of
5determination may be in the form of a certified copy of an existing
6document or record of the local agency.

7(c) A notice filed pursuant to this section shall be available for
8public inspection, and shall be posted within 24 hours of receipt
9in the office of the county clerk. A notice shall remain posted for
10a period of 30 days. Thereafter, the clerk shall return the notice to
11the local agency with a notation of the period it was posted. The
12local agency shall retain the notice for not less than 12 months.

13

SEC. 2.  

Section 21152.2 is added to the Public Resources Code,
14to read:

15

21152.2.  

(a) For purposes of this section, “water project”
16means an activity undertaken pursuant to Sections 1011, 1011.5,
17and 1211 of, Chapter 2 (commencing with Section 1250), Chapter
186.6 (commencing with Section 1435), Chapter 10 (commencing
19with Section 1700), and Chapter 10.5 (commencing with Section
201725) of Part 2 of Division 2 of, the Water Code.

21(b) Within five working days after a local agency has approved
22or made a determination to carry out a water project, a local agency,
23in lieu of the notice filing requirements of subdivision (a) of
24Section 21152 for that water project, may take all of the following
25actions:

26(1) File the notice in the form required by subdivision (a) of
27Section 21152 with the county clerk of the county in which the
28local agency’s principal office is located and make any payment
29to the Department of Fish and Wildlife required by Section 711.4
30of the Fish and Game Code to that clerk.

31(2) File the notice with the Office of Planning and Research
32without a further payment to the Department of Fish and Wildlife.

33(3) Transmit a copy of the notice via the United States Postal
34Service’s Express Mail, postage prepaid, or via another method
35of delivery providing for prepaid overnight delivery, to the county
36clerk of each county in which the water project will be located.
37The copy of the notice, or an attachment to the copy of the notice,
38shall state the date on which the notice was filed with the Office
39of Planning and Research pursuant to paragraph (2).

P6    1(c) (1) The county clerk receiving a notice pursuant to paragraph
2(1) of subdivision (b) shall comply with subdivision (c) of Section
321152.

4(2) All notices filed pursuant to paragraph (2) of subdivision
5(b) shall be available for public inspection, and a list of those
6notices shall be posted on a weekly basis in the Office of Planning
7and Research. Each list shall remain posted for a period of 30 days.

8(3) A county clerk that receives a copy of a notice pursuant to
9paragraph (3) of subdivision (b) shall comply with subdivision (c)
10of Section 21152 and shall not require an original of that notice,
11any information regarding the filing of the notice with the Office
12of Planning and Research other than the statement described in
13paragraph (3) of subdivision (b), or any additional information
14from the local agency, but may charge a single fee of seventy-five
15dollars ($75) for handling the posting of the notice pursuant to
16subdivision (c) of Section 21152, notwithstanding subdivision (e)
17of Section 711.4 of the Fish and Game Code.

18(d) The filing date of the notice specified in subdivisions (b) to
19(e), inclusive, of Section 21167, Section 21167.10, and Section
2021177 shall be the date on which the notice is filed with the Office
21of Planning and Research pursuant to paragraph (2) of subdivision
22(b).

23(e) Nothing in this section affects the application of Section
2421092.2.

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