Amended in Assembly May 26, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 475


Introduced by Assembly Member Bigelow

(Principal coauthor: Senator Berryhill)

February 23, 2015


An act to add Section 12012.66 to the Government Code, relating to tribalbegin delete gaming.end deletebegin insert gaming, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 475, as amended, Bigelow. 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 to 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 Jackson Rancheria Band of Miwuk Indians, executed on February 1, 2015. 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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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:

P2    1

SECTION 1.  

Section 12012.66 is added to the Government
2Code
, to read:

3

12012.66.  

(a) The tribal-state gaming compact entered into in
4accordance 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 Jackson
7Rancheria Band of Miwuk Indians, executed on February 1, 2015,
8is hereby ratified.

9(b) (1) In deference to tribal sovereignty, none of the following
10shall be deemed a project for purposes of the California
11Environmental Quality Act (Division 13 (commencing with Section
1221000) of the Public Resources Code):

13(A) The execution of an amendment to the tribal-state gaming
14compact ratified by this section.

15(B) The execution of the tribal-state gaming compact ratified
16by this section.

17(C) The execution of an intergovernmental agreement between
18a tribe and a county or city government negotiated pursuant to the
19express authority of, or as expressly referenced in, the tribal-state
20gaming compact ratified by this section.

21(D) The execution of an intergovernmental agreement between
22a tribe and the Department of Transportation negotiated pursuant
23to the express authority of, or as expressly referenced in, the
24tribal-state gaming compact ratified by this section.

25(E) The on-reservation impacts of compliance with the terms
26of the tribal-state gaming compact ratified by this section.

P3    1(F) The sale of compact assets, as defined in subdivision (a) of
2Section 63048.6, or the creation of the special purpose trust
3established pursuant to Section 63048.65.

4(2) Except as expressly provided herein, this subdivision does
5not exempt a city, county, or city and county, or the Department
6of Transportation, from the requirements of the California
7Environmental Quality Act.

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This act is an urgency statute necessary for the
9immediate preservation of the public peace, health, or safety within
10the meaning of Article IV of the Constitution and shall go into
11immediate effect. The facts constituting the necessity are:

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12In order to enhance the economic development, stability, and
13self-sufficiency of the Jackson Rancheria Band of Miwuk Indians
14and to protect the interests of the tribe and its members, the
15surrounding community, and the California public at the earliest
16possible time, it is necessary that this act take effect immediately.

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