Bill Text: CA AB2915 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 2915 (Prior Session Legislation)

Bill Title: Tribal gaming: compact ratification.

Spectrum:

Status: (Passed) 2016-08-29 - Chaptered by Secretary of State - Chapter 240, Statutes of 2016. [AB2915 Detail]

Download: California-2015-AB2915-Chaptered.html

BILL NUMBER: AB 2915	CHAPTERED
	BILL TEXT

	CHAPTER  240
	FILED WITH SECRETARY OF STATE  AUGUST 29, 2016
	APPROVED BY GOVERNOR  AUGUST 29, 2016
	PASSED THE SENATE  AUGUST 22, 2016
	PASSED THE ASSEMBLY  AUGUST 25, 2016
	AMENDED IN SENATE  AUGUST 16, 2016

INTRODUCED BY   Assembly Member Eduardo  Garcia
   (Coauthor: Assembly Member Mayes)
   (Coauthor: Senator Stone)

                        MARCH 17, 2016

   An act to add Section 12012.79 to the Government Code, relating to
tribal gaming, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2915, Eduardo  Garcia. 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 Agua Caliente Band of
Cahuilla Indians, executed on August 4, 2016. The bill would provide
that, in deference to tribal sovereignty, certain actions are not
projects for the purposes of CEQA.
   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 12012.79 is added to the Government Code, to
read:
   12012.79.  (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 Agua Caliente Band of
Cahuilla Indians, executed on August 4, 2016, 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.
  SEC. 2.  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 enhance the economic development, stability, and
self-sufficiency of the Agua Caliente Band of Cahuilla 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.