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AB-1433 Tribal gaming: compact ratification.(2017-2018)

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Date Published: 04/10/2018 09:00 PM
AB1433:v93#DOCUMENT

Amended  IN  Senate  April 10, 2018
Amended  IN  Senate  July 18, 2017
Amended  IN  Senate  June 21, 2017
Amended  IN  Assembly  April 27, 2017
Amended  IN  Assembly  April 18, 2017
Amended  IN  Assembly  April 06, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1433


Introduced by Assembly Member Wood
(Coauthor: Senator McGuire)

February 17, 2017


An act to add Part 7 (commencing with Section 71430) to Division 34 of the Public Resources Code, relating to public resources. An act to add Section 12012.93 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1433, as amended, Wood. Natural and working lands: unified program application and process. 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 tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of 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 Elk Valley Rancheria, California, executed on August 31, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.
This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes various programs to provide financial assistance for natural or working lands.

This bill would require the Strategic Growth Council, on or before April 1, 2018, to establish and convene an interagency task force consisting of representatives from various state agencies who are knowledgeable in programs for natural or working lands to develop a common application form and process for those programs. The bill would require the task force, on or before January 1, 2019, to develop and implement the common application form and process for those programs.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12012.93 is added to the Government Code, to read:

12012.93.
 (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 Elk Valley Rancheria, California, executed on August 31, 2017, 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, or amendments thereto, 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, 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. 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 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 Elk Valley Rancheria, California, 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.
SECTION 1.Part 7 (commencing with Section 71430) is added to Division 34 of the Public Resources Code, to read:
7.Unified Program Application and Process
71430.

(a)For purposes of this section, the following definitions apply:

(1)“Natural lands” means lands consisting of forests, grasslands, deserts, freshwater and riparian systems, wetlands, coastal and estuarine areas, watersheds, wildlands, wildlife habitat, mountain meadows, and other similar open-space land.

(2)“Working lands” means lands used for farming, grazing, or the production of forest products.

(b)On or before April 1, 2018, the Strategic Growth Council shall establish and convene an interagency task force consisting of the following:

(1)Representatives from the Department of Forestry and Fire Protection who are knowledgeable in the Forest Health Greenhouse Gas Reduction Fund Grant Program and the Urban and Community Forestry Program established pursuant to the California Urban Forestry Act of 1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4).

(2)Representatives from the Strategic Growth Council who are knowledgeable in the Sustainable Agricultural Lands Conservation Program developed pursuant to Part 1 (commencing with Section 75200) of Division 44.

(3)Representatives from the Department of Fish and Wildlife who are knowledgeable in the Wetlands Restoration for Greenhouse Gas Reduction Program.

(4)Representatives from the Natural Resources Agency who are knowledgeable in the Urban Greening Grant Program developed pursuant to Section 12802.10 of the Government Code.

(5)Representatives from the Department of Food and Agriculture who are knowledgeable in the Healthy Soils Program established pursuant to Section 569 of the Food and Agricultural Code.

(6)Representatives from the Office of Planning and Research.

(7)Representatives from the California Environmental Protection Agency.

(8)Representatives from any other department or agency in the state who are knowledgeable in natural or working lands programs of that department of agency that are funded by the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code.

(c)(1)(A)On or before January 1, 2019, the task force shall develop and implement a common application form and process for the programs specified in subdivision (b).

(B)The application shall require demonstration that the greenhouse gas benefits resulting from projects are durable with those benefits persisting for at least 50 years.

(C)The task force shall develop the application, to the extent feasible, in a manner that obtains basic information and a description of the benefits of a project in a format that may be used for all programs specified in subdivision (b), while recognizing appropriate differences in project types.

(2)The task force may also receive applications to fund a county or regional plan that includes natural and working lands for the purposes of reducing the emissions of greenhouse gases, sequestering carbon, and enhancing resilience to climate change. The planning proposal may be granted from any of the programs funded by the Greenhouse Gas Reduction Fund to the extent consistent with the legal requirements pursuant to those programs and shall not exceed 10 percent of funding for those programs.

(d)An application developed pursuant to subdivision (c) and submitted to the task force pursuant to the process developed pursuant to subdivision (c) shall be considered to be an application for all the programs specified in subdivision (b).

(e)The task force shall evaluate the application submitted and determine which program is the most appropriate funding source for the application and shall forward the application to the appropriate funding agency or department for consideration.

(f)It is the intent of the Legislature in enacting this section to streamline the application process for various natural and working lands programs in the state.