| 1 | | - | Senate Bill No. 736 CHAPTER 11An act to add Sections 12012.109 and 12012.110 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor June 23, 2023. Filed with Secretary of State June 23, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 736, McGuire. 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 those 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 amendments to the existing tribal-state gaming compact entered into between the State of California and the Middletown Rancheria of Pomo Indians of California to extend the terms of that compact. The bill would also ratify a new tribal-state gaming compact entered into between the State of California and the Middletown Rancheria of Pomo Indians of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for the purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12012.109 is added to the Government Code, to read:12012.109. (a) The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on May 15, 2023, 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.) for the sole purpose of extending the terms of the tribal-state gaming compact, 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 a tribal-state gaming compact ratified by this section.(B) The execution of an 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, an amended tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, an amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of an amended tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.SEC. 2. Section 12012.110 is added to the Government Code, to read:12012.110. (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 Middletown Rancheria of Pomo Indians of California, executed on March 30, 2023, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between the 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 the tribe and the Department of Transportation, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.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 California 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 Middletown Rancheria of Pomo Indians of California, and to protect the interests of these tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately. |
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| 1 | + | Amended IN Assembly June 12, 2023 Amended IN Assembly May 26, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 736Introduced by Senator McGuire(Coauthor: Assembly Member Aguiar-Curry)February 17, 2023An act to add Sections 12012.109 and 12012.110 to the Government Code, relating to tribal gaming. gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 736, as amended, McGuire. 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 those 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 amendments to the existing tribal-state gaming compact entered into between the State of California and the Middletown Rancheria of Pomo Indians of California to extend the terms of that compact. The bill would also ratify a new tribal-state gaming compact entered into between the State of California and the Middletown Rancheria of Pomo Indians of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for the purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12012.109 is added to the Government Code, to read:12012.109. (a) The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on May 15, 2023, 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.) for the sole purpose of extending the terms of the tribal-state gaming compact, 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 a tribal-state gaming compact ratified by this section.(B) The execution of an 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, an amended tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, an amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of an amended tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.SEC. 2. Section 12012.110 is added to the Government Code, to read:12012.110. (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 Middletown Rancheria of Pomo Indians of California, executed on March 30, 2023, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between the 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 the tribe and the Department of Transportation, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.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 California 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 Middletown Rancheria of Pomo Indians of California, and to protect the interests of these tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately. |
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| 20 | 28 | | |
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| 21 | 29 | | 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 those 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 amendments to the existing tribal-state gaming compact entered into between the State of California and the Middletown Rancheria of Pomo Indians of California to extend the terms of that compact. The bill would also ratify a new tribal-state gaming compact entered into between the State of California and the Middletown Rancheria of Pomo Indians of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for the purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute. |
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| 22 | 30 | | |
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| 23 | 31 | | 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 those 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. |
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| 24 | 32 | | |
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| 25 | 33 | | 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. |
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| 26 | 34 | | |
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| 27 | 35 | | This bill would ratify amendments to the existing tribal-state gaming compact entered into between the State of California and the Middletown Rancheria of Pomo Indians of California to extend the terms of that compact. The bill would also ratify a new tribal-state gaming compact entered into between the State of California and the Middletown Rancheria of Pomo Indians of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for the purposes of CEQA. |
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| 28 | 36 | | |
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| 29 | 37 | | This bill would declare that it is to take effect immediately as an urgency statute. |
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| 30 | 38 | | |
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| 31 | 39 | | ## Digest Key |
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| 32 | 40 | | |
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| 33 | 41 | | ## Bill Text |
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| 34 | 42 | | |
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| 35 | 43 | | The people of the State of California do enact as follows:SECTION 1. Section 12012.109 is added to the Government Code, to read:12012.109. (a) The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on May 15, 2023, 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.) for the sole purpose of extending the terms of the tribal-state gaming compact, 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 a tribal-state gaming compact ratified by this section.(B) The execution of an 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, an amended tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, an amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of an amended tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.SEC. 2. Section 12012.110 is added to the Government Code, to read:12012.110. (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 Middletown Rancheria of Pomo Indians of California, executed on March 30, 2023, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between the 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 the tribe and the Department of Transportation, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act.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 California 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 Middletown Rancheria of Pomo Indians of California, and to protect the interests of these tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately. |
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| 36 | 44 | | |
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| 37 | 45 | | The people of the State of California do enact as follows: |
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| 38 | 46 | | |
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| 39 | 47 | | ## The people of the State of California do enact as follows: |
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| 40 | 48 | | |
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| 41 | 49 | | SECTION 1. Section 12012.109 is added to the Government Code, to read:12012.109. (a) The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on May 15, 2023, 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.) for the sole purpose of extending the terms of the tribal-state gaming compact, 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 a tribal-state gaming compact ratified by this section.(B) The execution of an 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, an amended tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, an amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of an amended tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act. |
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| 42 | 50 | | |
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| 43 | 51 | | SECTION 1. Section 12012.109 is added to the Government Code, to read: |
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| 44 | 52 | | |
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| 45 | 53 | | ### SECTION 1. |
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| 46 | 54 | | |
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| 47 | 55 | | 12012.109. (a) The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on May 15, 2023, 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.) for the sole purpose of extending the terms of the tribal-state gaming compact, 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 a tribal-state gaming compact ratified by this section.(B) The execution of an 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, an amended tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, an amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of an amended tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act. |
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| 48 | 56 | | |
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| 49 | 57 | | 12012.109. (a) The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on May 15, 2023, 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.) for the sole purpose of extending the terms of the tribal-state gaming compact, 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 a tribal-state gaming compact ratified by this section.(B) The execution of an 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, an amended tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, an amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of an amended tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act. |
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| 50 | 58 | | |
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| 51 | 59 | | 12012.109. (a) The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on May 15, 2023, 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.) for the sole purpose of extending the terms of the tribal-state gaming compact, 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 a tribal-state gaming compact ratified by this section.(B) The execution of an 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, an amended tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, an amended tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of an amended tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act. |
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| 52 | 60 | | |
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| 53 | 61 | | |
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| 54 | 62 | | |
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| 55 | 63 | | 12012.109. (a) The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on May 15, 2023, 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.) for the sole purpose of extending the terms of the tribal-state gaming compact, is hereby ratified. |
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| 56 | 64 | | |
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| 57 | 65 | | (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): |
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| 58 | 66 | | |
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| 59 | 67 | | (A) The execution of an amendment to a tribal-state gaming compact ratified by this section. |
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| 60 | 68 | | |
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| 61 | 69 | | (B) The execution of an amended tribal-state gaming compact ratified by this section. |
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| 62 | 70 | | |
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| 63 | 71 | | (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, an amended tribal-state gaming compact ratified by this section. |
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| 64 | 72 | | |
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| 65 | 73 | | (D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, an amended tribal-state gaming compact ratified by this section. |
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| 66 | 74 | | |
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| 67 | 75 | | (E) The on-reservation impacts of compliance with the terms of an amended tribal-state gaming compact ratified by this section. |
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| 68 | 76 | | |
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| 69 | 77 | | (2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act. |
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| 70 | 78 | | |
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| 71 | 79 | | SEC. 2. Section 12012.110 is added to the Government Code, to read:12012.110. (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 Middletown Rancheria of Pomo Indians of California, executed on March 30, 2023, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between the 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 the tribe and the Department of Transportation, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act. |
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| 72 | 80 | | |
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| 73 | 81 | | SEC. 2. Section 12012.110 is added to the Government Code, to read: |
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| 74 | 82 | | |
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| 75 | 83 | | ### SEC. 2. |
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| 76 | 84 | | |
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| 77 | 85 | | 12012.110. (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 Middletown Rancheria of Pomo Indians of California, executed on March 30, 2023, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between the 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 the tribe and the Department of Transportation, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act. |
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| 78 | 86 | | |
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| 79 | 87 | | 12012.110. (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 Middletown Rancheria of Pomo Indians of California, executed on March 30, 2023, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between the 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 the tribe and the Department of Transportation, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act. |
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| 80 | 88 | | |
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| 81 | 89 | | 12012.110. (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 Middletown Rancheria of Pomo Indians of California, executed on March 30, 2023, 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 the tribal-state gaming compact ratified by this section.(B) The execution of an amendment to the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between the 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 the tribe and the Department of Transportation, or other state agency, 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.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act. |
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| 82 | 90 | | |
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| 83 | 91 | | |
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| 84 | 92 | | |
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| 85 | 93 | | 12012.110. (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 Middletown Rancheria of Pomo Indians of California, executed on March 30, 2023, is hereby ratified. |
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| 86 | 94 | | |
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| 87 | 95 | | (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): |
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| 88 | 96 | | |
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| 89 | 97 | | (A) The execution of the tribal-state gaming compact ratified by this section. |
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| 90 | 98 | | |
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| 91 | 99 | | (B) The execution of an amendment to the tribal-state gaming compact ratified by this section. |
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| 92 | 100 | | |
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| 93 | 101 | | (C) The execution of an intergovernmental agreement between the 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. |
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| 94 | 102 | | |
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| 95 | 103 | | (D) The execution of an intergovernmental agreement between the tribe and the Department of Transportation, or other state agency, negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section. |
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| 96 | 104 | | |
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| 97 | 105 | | (E) The on-reservation impacts of compliance with the terms of the tribal-state gaming compact ratified by this section. |
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| 98 | 106 | | |
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| 99 | 107 | | (2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, or any state agency or local jurisdiction, from the requirements of the California Environmental Quality Act. |
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| 100 | 108 | | |
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| 101 | 109 | | 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 California 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 Middletown Rancheria of Pomo Indians of California, and to protect the interests of these tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately. |
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| 102 | 110 | | |
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| 103 | 111 | | 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 California 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 Middletown Rancheria of Pomo Indians of California, and to protect the interests of these tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately. |
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| 104 | 112 | | |
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| 105 | 113 | | 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are: |
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| 106 | 114 | | |
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| 107 | 115 | | ### SEC. 3. |
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| 108 | 116 | | |
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| 109 | 117 | | In order to enhance the economic development, stability, and self-sufficiency of the Middletown Rancheria of Pomo Indians of California, and to protect the interests of these tribes and their members, the surrounding communities, and the California public at the earliest possible time, it is necessary that this act take effect immediately. |
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