Amended in Senate August 20, 2015

Amended in Senate July 8, 2015

Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 315

Introduced by Assembly Member Bigelow

begin insert

(Coauthors: Assembly Members Dahle and Beth Gaines)

end insert begin insert

(Coauthors: Senators Gaines and Nielsen)

end insert

February 12, 2015

An act to begin delete repeal end delete begin insert add end insert Section begin delete 4401.5 of end delete begin insert 12012.68 to end insert the begin delete Food and Agricultural end delete begin insert Government end insert Code, relating to begin delete fairs. end delete begin insert tribal gaming, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 315, as amended, Bigelow. begin delete Fairs: annual expenditures. end delete begin insert Tribal 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 to 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 United Auburn Indian Community, executed on August 14, 2015. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.

end insert begin insert

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

end insert begin delete

Existing law requires the Secretary of Food and Agriculture to expend up to $100,000 each fiscal year for an exhibit or exhibits at a fair that demonstrates, in a creative or innovative manner, the process of production and use of food and fiber. Existing law also requires the secretary to annually provide for a conference of fair judges to aid the department in prescribing regulations relating to judging exhibits and premiums offered for exhibits, and authorizes the secretary to expend up to $15,000 each fiscal year for those purposes.

end delete begin delete

This bill would repeal those provisions.

end delete

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 12012.68 is added to the end insert begin insert Government
Code end insert begin insert , to read: end insert

begin insert

begin insert 12012.68. end insert   

(a) The tribal-state gaming compact entered into
in accordance with the federal Indian Gaming Regulatory Act of
1988 (18 U.S.C. Sec. 1166 to 1168, inclusive, and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the United Auburn
Indian Community, executed on August 14, 2015, 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 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, 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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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:

end insert begin insert

In order to enhance the economic development, stability, and
self-sufficiency of the United Auburn Indian Community and to
protect the interests of the tribe and its members, the surrounding
community, and the California public at the earliest possible time,
it is necessary that this act take effect immediately.

end insert

begin delete

SECTION 1.  

Section 4401.5 of the Food and Agricultural Code
is repealed.

end delete