Added by Stats. 1945, Ch. 111.
The Governor shall supervise the official conduct of all executive and ministerial officers.
Article 2 - Powers and Duties
California Government Code — §§ 12010-12019
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Sections (98)
Added by Stats. 1982, Ch. 1216, Sec. 1.
Notwithstanding any other provision of statutory law, the Governor shall determine the distribution in the executive agencies of deputies or employees selected pursuant to subdivision (g) of Section 4 of Article VII of the California Constitution by civil-service-exempt officers appointed by the Governor pursuant to subdivision (f) of Section 4 of Article VII of the California Constitution, except deputies or employees subject to the consent or confirmation of the Senate.
Amended by Stats. 2021, Ch. 50, Sec. 4. (AB 378) Effective January 1, 2022.
(a)The purpose of this section is to increase the Governor’s managerial flexibility without increasing costs. It is the intent of the Legislature that positions designated as exempt from civil service by this section shall be filled by a Governor’s appointment only after they are vacated by civil service employees.
(b)The Governor may designate as exempt from civil service positions in the executive agencies over which the Governor has line responsibility and which have civil-service-exempt officers and employees appointed pursuant to subdivision (f) or (g) of Section 4 of Article VII of the California Constitution; provided that the designations shall be limited to positions covered by these subdivisions and shall not cause the total number of positions
exempted under these subdivisions to exceed one-half of 1 percent of the number of full-time equivalent positions in these agencies collectively.
(c)The Governor may appoint a person to a position designated as exempt from civil service pursuant to this section only after the position is no longer held by a civil service employee.
(d)Positions designated by the Governor as exempt from civil service pursuant to this section shall be limited to those designated as managerial positions under Section 3513 by the Department of Human Resources.
(e)The authority to designate positions as exempt from civil service shall not result in the displacement of civil service employees and shall not result in hiring additional employees into positions not authorized in the Budget Act.
(f)The Department of Human Resources shall report to the Joint Legislative Audit Committee by January 31 of each year the current percentage of civil-service-exempt officers and employees in state service.
Amended by Stats. 2021, Ch. 50, Sec. 5. (AB 378) Effective January 1, 2022.
The Governor shall see that all offices are filled and their duties performed. If default occurs, the Governor shall apply such remedy as the law allows. If the remedy is imperfect, the Governor shall so advise the Legislature at its next session.
Amended by Stats. 2021, Ch. 50, Sec. 6. (AB 378) Effective January 1, 2022.
(a)In the event of a vacancy in a judicial office to be filled by appointment of the Governor, or in the event that a declaration of candidacy is not filed by a judge and the Governor is required under subdivision (d) of Section 16 of Article VI of the California Constitution to nominate a candidate, the Governor shall first submit to a designated agency of the State Bar of California the names of all potential appointees or nominees for the judicial office for evaluation of their judicial qualifications.
(b)The membership of the designated agency of the State Bar responsible for evaluation of judicial candidates shall consist of attorney members and public members with the ratio of public members to attorney members determined, to the extent practical, by the
ratio established in Section 6013.5 of the Business and Professions Code. It is the intent of this subdivision that the designated agency of the State Bar responsible for evaluation of judicial candidates shall be broadly representative of the ethnic, gender, and racial diversity of the population of California and composed in accordance with Sections 11140 and 11141. The further intent of this subdivision is to establish a selection process for membership on the designated agency of the State Bar responsible for evaluation of judicial candidates under which no member of that agency shall provide inappropriate, multiple representation for purposes of this subdivision. Each member of the designated agency of the State Bar responsible for evaluation of judicial candidates shall complete a minimum of 60 minutes of training in the areas of fairness and bias in the judicial appointments process at an orientation for new members. If the member serves more than one term, the member shall complete an additional 60
minutes of that training during the member’s service on the designated agency of the State Bar responsible for evaluation of judicial candidates.
(c)Upon receipt from the Governor of the names of candidates for judicial office and their completed personal data questionnaires, the State Bar shall use appropriate confidential procedures to evaluate and determine the qualifications of each candidate with regard to the candidate’s ability to discharge the judicial duties of the office to which the appointment or nomination shall be made. Within 90 days of submission by the Governor of the name of a potential appointee for judicial office, the State Bar shall report, in confidence, to the Governor its recommendation whether the candidate is exceptionally well qualified, well qualified, qualified, or not qualified and the reasons therefor, and may report, in confidence, other information as the State Bar deems pertinent to the qualifications of the
candidate.
(d)In determining the qualifications of a candidate for judicial office, the State Bar shall consider, among other appropriate factors, the candidate’s industry, judicial temperament, honesty, objectivity, community respect, integrity, health, ability, and legal experience. The State Bar shall consider legal experience broadly, including, but not limited to, litigation and nonlitigation experience, legal work for a business or nonprofit entity, experience as a law professor or other academic position, legal work in any of the three branches of government, and legal work in dispute resolution.
(e)The State Bar shall establish and promulgate rules and procedures regarding the investigation of the qualifications of candidates for judicial office by the designated agency. These rules and procedures shall establish appropriate, confidential methods for disclosing to the
candidate the subject matter of substantial and credible adverse allegations received regarding the candidate’s health, physical or mental condition, or moral turpitude that, unless rebutted, would be determinative of the candidate’s unsuitability for judicial office. No provision of this section shall be construed as requiring that a rule or procedure be adopted that permits the disclosure to the candidate of information from which the candidate may infer the source, and no information shall either be disclosed to the candidate nor be obtainable by any process that would jeopardize the confidentiality of communications from persons whose opinion has been sought on the candidate’s qualifications.
(f)All communications, written, verbal, or otherwise, of and to the Governor, the Governor’s authorized agents or employees, including, but not limited to, the Governor’s Legal Affairs Secretary and Appointments Secretary, or of and to the State Bar
in furtherance of the purposes of this section are absolutely privileged from disclosure and confidential, and any communication made in the discretion of the Governor or the State Bar with a candidate or person providing information in furtherance of the purposes of this section shall not constitute a waiver of the privilege or a breach of confidentiality.
(g)If the Governor has appointed a person to a trial court who has been found not qualified by the designated agency, the State Bar may make public this fact after due notice to the appointee of its intention to do so, but that notice or disclosure shall not constitute a waiver of privilege or breach of confidentiality with respect to communications of or to the State Bar concerning the qualifications of the appointee.
(h)If the Governor has nominated or appointed a person to the Supreme Court or court of appeal in accordance
with subdivision (d) of Section 16 of Article VI of the California Constitution, the Commission on Judicial Appointments may invite, or the State Bar’s governing board or its designated agency may submit to the commission, its recommendation, and the reasons therefor, but that disclosure shall not constitute a waiver of privilege or breach of confidentiality with respect to communications of or to the State Bar concerning the qualifications of the nominee or appointee.
(i)A person or entity shall not be liable for an injury caused by an act or failure to act, be it negligent, intentional, discretionary, or otherwise, in the furtherance of the purposes of this section, including, but not limited to, providing or receiving information, making recommendations, and giving reasons therefor. As used in this section, the term “State Bar” means its governing board and members thereof, the designated agency of the State Bar and members thereof, and
employees and agents of the State Bar.
(j)At any time prior to the receipt of the report from the State Bar specified in subdivision (c) the Governor may withdraw the name of a person submitted to the State Bar for evaluation pursuant to this section.
(k)A candidate for judicial office shall not be appointed until the State Bar has reported to the Governor pursuant to this section, or until 90 days have elapsed after submission of the candidate’s name to the State Bar, whichever occurs earlier. The requirement of this subdivision shall not apply to a vacancy in judicial office occurring within the 90 days preceding the expiration of the Governor’s term of office, provided, however, that with respect to those vacancies and with respect to nominations pursuant to subdivision (d) of Section 16 of Article VI of the California Constitution, the Governor shall be required to submit
any candidate’s name to the State Bar in order to provide an opportunity, if time permits, to make an evaluation.
(l)Nothing in this section shall be construed as imposing an additional requirement for an appointment or nomination to judicial office, nor shall anything in this section be construed as adding additional qualifications for the office of a judge.
(m)The Board of Governors of the State Bar shall not conduct or participate in, or authorize a committee, agency, employee, or commission of the State Bar to conduct or participate in, an evaluation, review, or report on the qualifications, integrity, diligence, or judicial ability of any specific justice of a court provided for in Section 2 or 3 of Article VI of the California Constitution without prior review and statutory authorization by the Legislature, except an evaluation, review, or report on potential judicial
appointees or nominees as authorized by this section.
The provisions of this subdivision shall not be construed to prohibit a member of the State Bar from conducting or participating in an evaluation, review, or report in the member’s individual capacity.
(n)(1) Notwithstanding any other provision of this section, but subject to paragraph (2), on or before March 1 of each year for the prior calendar year, all of the following shall occur:
(A) The Governor shall collect and release, on an aggregate statewide basis, all of the following:
(i)Demographic data provided by all judicial applicants relative to ethnicity, race, disability, veteran status, gender, gender identity, and sexual orientation.
(ii) Demographic data relative to ethnicity, race, disability, veteran status, gender, gender identity, and sexual orientation as provided by all judicial applicants, both as to those judicial applicants who have been and those who have not been submitted to the State Bar for evaluation.
(iii) Demographic data relative to ethnicity, race, disability, veteran status, gender, gender identity, and sexual orientation of all judicial appointments or nominations as provided by the judicial appointee or nominee.
(B) The designated agency of the State Bar responsible for evaluation of judicial candidates shall collect and release both of the following on an aggregate statewide basis:
(i)Statewide demographic data provided by all judicial applicants reviewed relative to ethnicity, race, disability, veteran
status, gender, gender identity, sexual orientation, and areas of legal practice and employment.
(ii) The statewide summary of the recommendations of the designated agency of the State Bar by ethnicity, race, disability, veteran status, gender, gender identity, sexual orientation, and areas of legal practice and employment.
(C) The Administrative Office of the Courts shall collect and release the demographic data provided by justices and judges described in Article VI of the California Constitution relative to ethnicity, race, disability, veteran status, gender, gender identity, and sexual orientation by specific jurisdiction.
(2)For purposes of subparagraph (A) of paragraph (1), in the year following a general election or recall election that will result in a new Governor taking office prior to March 1, the
departing Governor shall provide all of the demographic data collected for the year by that Governor pursuant to this subdivision to the incoming Governor. The incoming Governor shall then be responsible for releasing the provided demographic data, and the demographic data collected by that incoming Governor, if any, prior to the March 1 deadline imposed pursuant to this subdivision.
(3)Demographic data disclosed or released pursuant to this subdivision shall disclose only aggregated statistical data and shall not identify any individual applicant, justice, or judge.
(4)The State Bar and the Administrative Office of the Courts shall use the following ethnic and racial categories: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or other Pacific Islander, White, some other race, and more than one race, as those categories are
defined by the United States Census Bureau for the 2010 Census for reporting purposes.
(5)Demographic data disclosed or released pursuant to this subdivision shall also indicate the percentage of respondents who declined to respond.
(6)For purposes of this subdivision, the collection of demographic data relative to disability and veteran status shall be required only for judicial applicants, candidates, appointees, nominees, justices, and judges who apply, or are reviewed, appointed, nominated, or elected, on or after January 1, 2014. The release of this demographic data shall begin in 2015.
(7)For purposes of this subdivision, the following terms have the following meanings:
(A)“Disability” includes mental disability and physical disability, as
defined in subdivisions (j) and (m) of Section 12926.
(B)“Veteran status” has the same meaning as specified in Section 101(2) of Title 38 of the United States Code.
(o)The Governor and members of judicial selection advisory committees are encouraged to give particular consideration to candidates from diverse backgrounds and cultures reflecting the demographics of California, including candidates with demographic characteristics underrepresented among existing judges and justices.
(p)If any provision of this section other than a provision relating to or providing for confidentiality or privilege from disclosure of any communication or matter, or the application of the provision to any person or circumstances, is held invalid, the remainder of this section, to the extent it can be given effect, or the application of
the provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this section are severable. If any other act of the Legislature conflicts with the provisions of this section, this section shall prevail.
Added by Stats. 1945, Ch. 111.
The Governor is the sole official organ of communication between the government of this State and the government of any other State or of the United States.
Amended by Stats. 2021, Ch. 50, Sec. 7. (AB 378) Effective January 1, 2022.
Whenever a treaty is in force providing for the transfer of offenders between the United States and a foreign country, the Governor or the Governor’s designee is authorized to give the approval of the state to a transfer as provided in the treaty, upon the application of a person under the jurisdiction of the Department of Corrections, the Department of the Youth Authority, and the State Department of Health Services.
Added by Stats. 2019, Ch. 706, Sec. 1. (SB 674) Effective October 9, 2019.
(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 Hoopa Valley Tribe, executed on October 19, 2018, is hereby ratified.
(b)(1) In deference to tribal sovereignty, none of the following actions 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 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.
(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, from the requirements of the California Environmental Quality Act.
Added by Stats. 2020, Ch. 171, Sec. 1. (SB 869) Effective September 25, 2020.
(a)The following tribal-state gaming compacts 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.) are hereby ratified:
(1)The compact between the State of California and the Ione Band of Miwok Indians, executed on August 3, 2020.
(2)The compact between the State of California and the Mooretown Rancheria of Maidu Indians of California, executed on August 3, 2020.
(3)The compact between the State of California and the Paskenta Band of Nomlaki Indians, executed on August 3, 2020.
(4)The compact between the State of California and the Shingle Springs Band of Miwok Indians, executed on August 3, 2020.
(5)The compact between the State of California and the Tolowa Dee-ni’ Nation, executed on August 3, 2020.
(6)The compact between the State of California and the Tule River Indian Tribe of California, executed on August 3, 2020.
(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 a tribal-state gaming compact ratified by this section.
(B) The execution of an amendment to a 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, a tribal-state gaming compact or 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, a tribal-state gaming compact or an amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of a tribal-state gaming
compact or 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.
Amended by Stats. 2022, Ch. 467, Sec. 1. (SB 559) Effective September 22, 2022.
(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 24, 2022, 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.
Added by Stats. 2021, Ch. 290, Sec. 1. (SB 302) Effective September 24, 2021.
(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 Picayune Rancheria of Chukchansi Indians of California, executed on August 10, 2021, is hereby ratified.
(b)(1) In deference to tribal sovereignty, none of the following actions 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 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.
Added by Stats. 2023, Ch. 9, Sec. 1. (AB 498) Effective May 22, 2023.
(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 Federated Indians of Graton Rancheria, executed on March 9, 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.
Added by Stats. 2022, Ch. 19, Sec. 1. (SB 898) Effective June 13, 2022.
(a)The following amendments to the tribal-state gaming compacts 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.), which are for the sole purpose of extending the terms of the tribal-state gaming compacts, are hereby ratified:
(1)The amendment between the State of California and the Alturas Indian
Rancheria, California, executed on May 11, 2022.
(2)The amendment between the State of California and the Augustine Band of Cahuilla Indians, California, executed on May 11, 2022.
(3)The amendment between the State of California and the Bear River Band of the Rohnerville Rancheria, California, executed on May 11, 2022.
(4)The amendment between the State of California and the Berry Creek Rancheria of Maidu Indians of California, executed on May 11, 2022.
(5)The amendment between the State of California and the Big Sandy Rancheria of Western Mono Indians of California, executed on May 11, 2022.
(6)The amendment between the State of California and the Bishop Paiute Tribe, executed on May
11, 2022.
(7)The amendment between the State of California and the Blue Lake Rancheria, executed on May 11, 2022.
(8)The amendment between the State of California and the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California, executed on May 11, 2022.
(9)The amendment between the State of California and the Cahto Tribe of the Laytonville Rancheria, executed on May 11, 2022.
(10)The amendment between the State of California and the Cahuilla Band of Indians, executed on May 16, 2022.
(11)The amendment between the State of California and the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California, executed on May 11, 2022.
(12)The amendment between the State of California and the Chemehuevi Indian Tribe of the Chemehuevi Reservation, California, executed on May 11, 2022.
(13)The amendment between the State of California and the Cher-Ae Heights Indian Community of the
Trinidad Rancheria, California, executed on May 11, 2022.
(14)The amendment between the State of California and the Chicken Ranch Rancheria of Me-Wuk Indians of California, executed on May 11, 2022.
(15)The amendment between the State of California and the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, executed on May 11, 2022.
(16)The amendment between the State of California and the Ewiiaapaayp Band of Kumeyaay Indians, California, executed on May 11, 2022.
(17)The amendment between the State of California and the Hopland Band of Pomo Indians, California, executed on May 16, 2022.
(18)The amendment between the State of California and the Manchester
Band of Pomo Indians of the Manchester Rancheria, California, executed on May 11, 2022.
(19)The amendment between the State of California and the Middletown Rancheria of Pomo Indians of California, executed on March 15, 2022.
(20)The amendment between the State of California and the Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation, California, executed on May 11, 2022.
(21)The
amendment between the State of California and the Picayune Rancheria of Chukchansi Indians of California, executed on May 11, 2022.
(22)The amendment between the State of California and the Pit River Tribe, California, executed on May 11, 2022.
(23)The amendment between the State of California and the Redding Rancheria, California, executed on May 11, 2022.
(24)The amendment between the State of California and the Resighini Rancheria, California, executed on May 11, 2022.
(25)The amendment between the State of California and the Robinson Rancheria, executed on May 16, 2022.
(26)The amendment between the State of California and the Santa Rosa Indian Community of the Santa Rosa Rancheria, California, executed on March 15, 2022.
(27)The amendment between the State of California and the Sherwood Valley Rancheria of Pomo Indians of California, executed on May 11, 2022.
(28)The amendment between the State of California and the Soboba Band of Luiseno Indians, California, executed on May 11, 2022.
(29)The amendment between the State of California and the Table Mountain Rancheria, executed on May 11, 2022.
(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.
Added by Stats. 2023, Ch. 272, Sec. 1. (AB 854) Effective September 30, 2023.
(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 Redding Rancheria, 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.
Added by Stats. 2022, Ch. 470, Sec. 1. (SB 910) Effective September 22, 2022.
(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 Tejon Indian Tribe, executed on August 17, 2022, 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 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.
Added by Stats. 2022, Ch. 467, Sec. 2. (SB 559) Effective September 22, 2022.
(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 Santa Rosa Indian Community of the Santa Rosa Rancheria, executed on August 18, 2022, 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.
Added by Stats. 2023, Ch. 11, Sec. 1. (SB 736) Effective June 23, 2023.
(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.
Added by Stats. 2023, Ch. 11, Sec. 2. (SB 736) Effective June 23, 2023.
(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.
Added by Stats. 2023, Ch. 852, Sec. 1. (AB 1658) Effective October 13, 2023.
(a)The following amendments to the tribal-state gaming compacts 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.), which are for the sole purpose of extending the terms of the tribal-state gaming compacts, are hereby ratified:
(1)The amendment between the State of California and the Alturas Indian Rancheria, California, executed on July 10, 2023.
(2)The amendment between the State of California and the Augustine Band of Cahuilla Indians, California, executed on June 7, 2023.
(3)The amendment between
the State of California and the Bear River Band of the Rohnerville Rancheria, California, executed on August 15, 2023.
(4)The amendment between the State of California and the Berry Creek Rancheria of Maidu Indians of California, executed on July 26, 2023.
(5)The amendment between the State of California and the Big Sandy Rancheria of Western Mono Indians of California, executed on July 10, 2023.
(6)The amendment between the State of California and the Bishop Paiute Tribe, executed on July 10, 2023.
(7)The amendment between the State of California and the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California, executed on August 15, 2023.
(8)The amendment between the State of California and the Cahto Tribe of the Laytonville Rancheria, executed on July 10, 2023.
(9)The amendment between the State of California and the Cahuilla Band of Indians, executed on July 10, 2023.
(10)The amendment between the State of California and the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California, executed on August 15, 2023.
(11)The amendment between the State of California and the Cher-Ae Heights Indian Community of the Trinidad Rancheria, California, executed on August 15, 2023.
(12)The amendment between the State of California and the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, executed on August 15, 2023.
(13)The amendment between the State of California and the Ewiiaapaayp Band of Kumeyaay Indians, California, executed on July 26, 2023.
(14)The amendment between the State of California and the Manchester Band of Pomo Indians of the Manchester Rancheria, California, executed on August 15, 2023.
(15)The amendment between the State of California and the Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation, California, executed on July 26, 2023.
(16)The amendment between the State of California and the Picayune Rancheria of Chukchansi Indians of California, executed on July 26, 2023.
(17)The amendment between the State of California and the Pit River Tribe, California,
executed on June 7, 2023.
(18)The amendment between the State of California and the Redding Rancheria, California, executed on July 26, 2023.
(19)The amendment between the State of California and the Resighini Rancheria, California, executed on July 26, 2023.
(20)The amendment between the State of California and the Sherwood Valley Rancheria of Pomo Indians of California, executed on July 10, 2023.
(21)The amendment between the State of California and the Soboba Band of Luiseno Indians, California, executed on June 7, 2023.
(22)The amendment between the State of California and the Table Mountain Rancheria, executed on July 10, 2023.
(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.
Added by Stats. 2023, Ch. 888, Sec. 1. (SB 771) Effective October 13, 2023.
(a)The following tribal-state gaming compacts 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.), are hereby ratified:
(1)The compact between the State of California and the Cahto Tribe of the Laytonville Rancheria, executed on May 23, 2023.
(2)The compact between the State of California and the Ewiiaapaayp Band of Kumeyaay Indians, California, executed on August 2, 2023.
(3)The compact between the State of California and the Manchester Band of Pomo Indians of the Manchester Rancheria, California,
executed on May 23, 2023.
(4)The compact between the State of California and the Resighini Rancheria, executed on June 7, 2023.
(5)The compact between the State of California and the Sherwood Valley Rancheria of Pomo Indians of California, executed on May 23, 2023.
(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 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, a 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, a tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of a 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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