Amended in Senate August 31, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1540

Introduced bybegin 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 deletebegin insert Assembly Member Grayend insert

March 26, 2015

An act to addbegin 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 deletebegin insert Section 12012.67 toend insert the Government Code, relating tobegin delete gaming.end deletebegin insert tribal gaming, and declaring the urgency thereof, to take effect immediately.end insert


AB 1540, as amended, begin deleteCommittee on Governmental Organizationend delete begin insertGrayend insert. Tribalbegin delete gaming.end deletebegin 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 lawbegin insert expresslyend insert ratifies a number of tribal-state gamingbegin delete compactsend deletebegin 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 deletebegin insert 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 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
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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 deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 12012.67 is added to the end insertbegin insertGovernment
end insert
begin insert, to read:end insert

begin insert

begin insert12012.67.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 Santa Ynez
7Band of Mission Indians, executed on August 26, 2015, is hereby

P3    1(b) (1) In deference to tribal sovereignty, none of the following
2shall be deemed a project for purposes of the California
3Environmental Quality Act (Division 13 (commencing with Section
421000) of the Public Resources Code):

5(A) The execution of an amendment to the tribal-state gaming
6compact ratified by this section.

7(B) The execution of the tribal-state gaming compact ratified
8by this section.

9(C) The execution of an intergovernmental agreement between
10a tribe and a county or city government negotiated pursuant to
11the express authority of, or as expressly referenced in, the
12tribal-state gaming compact ratified by this section.

13(D) The execution of an intergovernmental agreement between
14a tribe and the Department of Transportation negotiated pursuant
15to the express authority of, or as expressly referenced in, the
16tribal-state gaming compact ratified by this section.

17(E) The on-reservation impacts of compliance with the terms
18of the tribal-state gaming compact ratified by this section.

19(F) The sale of compact assets, as defined in subdivision (a) of
20Section 63048.6, or the creation of the special purpose trust
21established pursuant to Section 63048.65.

22(2) Except as expressly provided herein, this subdivision does
23not exempt a city, county, or city and county, or the Department
24of Transportation, from the requirements of the California
25Environmental Quality Act.

end insert
26begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
27immediate preservation of the public peace, health, or safety within
28the meaning of Article IV of the Constitution and shall go into
29immediate effect. The facts constituting the necessity are:

end insert
begin insert

30In order to enhance the economic development, stability, and
31self-sufficiency of the Santa Ynez Band of Mission Indians and to
32protect the interests of the tribe and its members, the surrounding
33community, and the California public at the earliest possible time,
34it 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)