AB 629,
as amended, begin deletePereaend delete begin insertGonzalezend insert. begin deleteMarket milk: stabilization and marketing plans: minimum prices. end deletebegin insertTribal gaming: compact ratification.end 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 insertbegin insertThe 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 insertbegin insertThis bill would ratify the tribal-state gaming compact entered into between the State of California and the Pala Band of Mission Indians, executed on May 6, 2016. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.
end insertbegin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertExisting law authorizes the Secretary of Food and Agriculture to formulate stabilization and marketing plans that establish the prices to be paid by milk handlers for specified classes of market milk. Existing law provides that a stabilization and marketing plan may provide for, among other things, maximum charges for plant processing and transportation services, and minimum charges for the various services performed by a nonprofit cooperative association regarding class 1 market milk. Existing law authorizes the secretary to establish separate prices for various components of market milk other than class 1 market milk.
end deleteThis bill would require the secretary to ensure that producers and handlers receive notice of the monthly prices for the various components of market milk, as specified. The bill would also make nonsubstantive changes to the provisions regarding maximum and minimum charges for services, as specified above.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 12012.70 is added to the end insertbegin insertGovernment
2Codeend insertbegin insert, to read: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 Pala Band
7of Mission Indians, executed on May 6, 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
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
4compact ratified by this section.
5
(B) The execution of the tribal-state gaming compact 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 compact 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 compact ratified by this section.
15
(E) The on-reservation impacts of compliance with the terms
16of the tribal-state gaming compact 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.
This act is an urgency statute necessary for the
25immediate preservation of the public peace, health, or safety within
26the meaning of Article IV of the Constitution and shall go into
27immediate effect. The facts constituting the necessity are:
28
In order to enhance the economic development, stability, and
29self-sufficiency of the Pala Band of Mission Indians and to protect
30the interests of the tribe and its members, the surrounding
31community, and the California public at the earliest possible time,
32it is necessary that this act take effect immediately.
Section 62070 of the Food and Agricultural Code
34 is amended to read:
Each stabilization and marketing plan may further
36provide for maximum charges for plant processing and
37transportation service on the market milk or market milk
38components that are transported to the area where sold. The
39stabilization and marketing plan may enumerate the applicable
40maximum charges, and may establish individual charges for each
P4 1function enumerated. In establishing any maximum charges for
2transportation services, the secretary shall base the maximum
3charges upon the rates that are charged for actual or reasonably
4similar services by highway carriers, as the term “highway carriers”
5is defined in Section 737.3 of the Public Utilities Code.
Section 62071 of the Food and Agricultural Code is
7amended to read:
Each stabilization and marketing plan may provide for
9minimum charges for the various services performed or rendered
10by a nonprofit cooperative association with respect to class 1
11market milk sold or delivered to another handler. Handler services
12include component testing for payment purposes, quality control,
13producer payroll, and weighing and sampling of bulk market milk.
14Each stabilization and marketing plan may also include, but not
15be limited to, minimum charges for the handling of intermittent
16or irregular deliveries of market milk and plant standby services.
17The stabilization and marketing plan may enumerate applicable
18minimum charges and establish individual charges for each service
19enumerated or, in the alternative,
the secretary may establish one
20or more minimum charges covering one or more of the separate
21handler services.
Section 62075 of the Food and Agricultural Code is
23amended to read:
(a) The secretary shall establish the minimum prices
25to be paid by handlers to producers for class 1 usage of market
26milk upon a milk fat, solids-not-fat or the subcomponents thereof,
27and fluid carrier basis. In establishing the minimum prices for
28classes of market milk other than class 1, separate prices may be
29established for any one or more of the following:
30(1) The milk fat contained in the milk.
31(2) The solids-not-fat or subcomponents thereof contained in
32the milk.
33(3) The fluid contained in the milk.
34(4) Any combination of the milk fat, the solids-not-fat or
35subcomponents thereof, or the fluid contained in the milk.
36(b) The secretary shall ensure that producers and handlers
37receive notice in writing, by posting on the department’s Internet
38Web site, or by other means deemed appropriate by the secretary,
P5 1of the monthly price of each component specified in subdivision
2(a).
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