Amended in Senate August 31, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1540

Introduced by begin delete Committee on Governmental Organization (Assembly Members Gray (Chair), Linder (Vice Chair), Achadjian, Bigelow, Cooley, Cooper, Jones-Sawyer, Levine, Mayes, Salas, Steinorth, Waldron, and Wilk) end delete begin insert Assembly Member Gray end insert

March 26, 2015

An act to add begin delete Title 16.5 (commencing with Section 98020) to, to repeal Sections 12012.5, 12012.25, 12012.30, 12012.35, 12012.40, 12012.45, 12012.46, 12012.465, 12012.47, 12012.475, 12012.48, 12012.485, 12012.49, 12012.495, 12012.51, 12012.515, 12012.52, 12012.53, 12012.54, 12012.551, 12012.56, 12012.57, 12012.75, 12012.85, and 12012.90 of, to repeal Chapter 7.5 (commencing with Section 12710) of Part 2 of Division 3 of Title 2 of, and to repeal Chapter 3 (commencing with Section 98075) of Title 16.5 of, end delete begin insert Section 12012.67 to end insert the Government Code, relating to begin delete gaming. end delete begin insert tribal gaming, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1540, as amended, begin delete Committee on Governmental Organization end delete   begin insert Gray end insert . Tribal begin delete gaming. end delete begin insert 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 begin insert expressly end insert ratifies a number of tribal-state gaming begin delete compacts end delete begin insert compacts, and amendments to tribal-state gaming compacts, end insert between the State of California and specified Indian tribes. begin delete Existing law creates in the State Treasury the Indian Gaming Revenue Sharing Trust Fund and the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from Indian tribes pursuant to the terms of gaming compacts entered into with the state, and authorizes moneys in those funds to be used for certain purposes. Existing law, until January 1, 2021, establishes the method of calculating the distribution of appropriations from the Indian Gaming Special Distribution Fund for grants to local government agencies impacted by tribal gaming. end delete begin insert 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

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This bill would reorganize and make technical, nonsubstantive changes to these provisions. The bill would conform these provisions to the changes made by the Governor’s Reorganization Plan No. 2. of 2012.

end delete begin insert

This bill would ratify the tribal-state gaming compact entered into between the State of California and the Santa Ynez Band of Mission Indians, executed on August 26, 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.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 12012.67 is added to the end insert begin insert Government
Code end insert begin insert , to read: end insert

begin insert

begin insert 12012.67. 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. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the Santa Ynez
Band of Mission Indians, executed on August 26, 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.

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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:

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In order to enhance the economic development, stability, and
self-sufficiency of the Santa Ynez Band of Mission Indians 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

All matter omitted in this version of the bill appears in the bill as introduced in the Assembly, March 26, 2015. (JR11)