BILL NUMBER: AB 787 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 23, 2012
PASSED THE ASSEMBLY AUGUST 27, 2012
AMENDED IN SENATE AUGUST 9, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JULY 6, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Chesbro
(Coauthor: Senator Evans)
FEBRUARY 17, 2011
An act to add Section 12012.57 to the Government Code, relating to
tribal gaming, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 787, Chesbro. Tribal-state gaming compacts.
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 ratifies a number of
tribal-state gaming compacts between the State of California and
specified Indian tribes, including the tribal-state gaming compact
entered into between the State of California and the Coyote Valley
Band of Pomo Indians, executed on August 23, 2004.
This bill would ratify the amendment to the tribal-state gaming
compact entered into between the State of California and the Coyote
Valley Band of Pomo Indians, executed on July 25, 2012.
Existing law, the California Environmental Quality Act (CEQA),
requires a lead agency to prepare, or cause to be prepared, and
certify 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. Existing law provides that, in deference to tribal
sovereignty, certain actions shall not be deemed projects for
purposes of CEQA, including the execution of an amendment of
specified ratified tribal-state gaming compacts.
This bill would similarly provide that, in deference to tribal
sovereignty, certain actions in connection with the amended
tribal-state gaming compact ratified by this bill shall not be deemed
projects for purposes of CEQA. By imposing additional duties on a
lead agency with regard to the implementation of CEQA requirements,
this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12012.57 is added to the Government Code, to
read:
12012.57. (a) The amendment to 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, incl., and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the Coyote Valley
Band of Pomo Indians, executed on July 25, 2012, 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 amended tribal-state
gaming compact ratified by this section.
(B) The execution of the amended 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 amended
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 amended
tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the
amended 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, nothing in this
subdivision shall be construed to exempt a city, county, or city and
county, or the Department of Transportation, from the requirements of
the California Environmental Quality Act.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
SEC. 3. 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:
In order to allow the revenues from this act to be eligible for
revenue sharing at the earliest possible time to address some of the
state's pressing budget issues, it is necessary that this act take
effect immediately.