BILL NUMBER: AB 2814	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2004

INTRODUCED BY   Assembly Member Simitian

                        FEBRUARY 20, 2004

   An act to  add Sections 21080.15 and 21084.5 to 
 amend Section 21167.6.5 of  the Public Resources Code,
relating to natural resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2814, as amended, Simitian.  Natural resources:  California
Environmental Quality Act. 
   (1) The  
   The  existing California Environmental Quality Act (CEQA)
requires a lead agency to prepare, or cause to be prepared, and to
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.  CEQA also generally requires a lead agency to
prepare a mitigated negative declaration for a project that may have
a significant effect on the environment if revisions in the project
would avoid or mitigate that effect and there is no substantial
evidence that the project, as revised, would have a significant
effect on the environment.  CEQA provides some exemptions from its
requirements for specified projects.  
   This bill would exempt from CEQA an action taken by a state or
local government, if the primary, bona fide objective of the action
is to maintain, restore, enhance, protect, or conserve coastal or
marine resources in a marine life reserve, marine protected area, or
marine managed area, as specified, and any potential adverse
environmental effect of that action is expected to be offset by the
action's intended beneficial environmental effect.  Unless a project
is exempt from CEQA under this provision, the bill would require a
lead agency to prepare, or cause to be prepared by contract, and
certify the completion of, an environmental impact report, or, if
appropriate, a modification, addendum, or supplement to an existing
environmental impact report, for a project that may adversely affect
the coastal or marine resources in one of those reserves or areas.
By imposing new duties on a lead agency, the bill would impose a
state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law requires a petitioner or plaintiff who brings
specified actions or proceedings under CEQA to name, as a real party
in interest, any recipient of an approval under CEQA that is the
subject of the action or proceeding, and to serve the petition or
complaint on that real party in interest.  Existing law provides that
failure to name potential parties, other than those real parties in
interest, or certain responsible agencies and other certain public
agencies having jurisdiction over a natural resource affected by the
project, is not grounds for dismissal of the action or proceeding, as
specified.
   This bill would, instead, require the petitioner or plaintiff to
name, as a real party in interest, and serve the petition or
complaint on, each person that has applied for and received an
approval under CEQA that is the subject of the action or proceeding.
The bill, instead, would provide that failure to name potential
parties, other than those real parties in interest, is not grounds
for dismissal, as specified. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
yes   no  . State-mandated local program:
 yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 21080.15 is added to the Public  
  SECTION 1.  Section 21167.6.5 of the Public Resources Code is
amended to read: 
   21167.6.5.  (a) The petitioner or plaintiff shall name, as a real
party in interest,  any recipient of   each
person that has applied for and received  an approval that is
the subject of an action or proceeding brought pursuant to Section
21167, 21168, or 21168.5, and shall serve the petition or complaint
on that real party in interest, by personal service, mail facsimile,
or any other method permitted by law  ,  not later than 20
business days following service of the petition or complaint on the
public agency.
   (b) The public agency shall provide the petitioner or plaintiff,
not later than 10 business days following service of the petition or
complaint on the public agency, with a list of responsible agencies
and any public agency having jurisdiction over a natural resource
affected by the project.
   (c) The petitioner or plaintiff shall provide the responsible
agencies, and any public agency having jurisdiction over a natural
resource affected by the project, with notice of the action or
proceeding within 15 days of receipt of the list described in
subdivision (b).
   (d) Failure to name potential parties, other than those  real
parties in interest  described in subdivision (a)  or
(b)  , is not grounds for dismissal pursuant to Section 389
of the Code of Civil Procedure.
   (e) Nothing in this section is intended to affect an existing
right of a party to intervene in the action.    Resources
Code, to read:
   21080.15.  This division does not apply to an action taken by a
state or local agency, if the primary, bona fide objective of the
action is to maintain, restore, enhance, protect, or conserve coastal
or marine resources in a marine life reserve designated pursuant to
Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish
and Game Code, or a marine protected area or marine managed area,
designated pursuant to Chapter 7 (commencing with Section 36600) of
Division 27, and any potential adverse environmental effect of that
action is expected to be offset by the action's intended beneficial
environmental effect.
  SEC. 2.  Section 21084.5 is added to the Public Resources Code, to
read:
   21084.5.  Notwithstanding Section 21080.5 or 21084, a lead agency
shall prepare, or cause to be prepared by contract, and certify the
completion of, an environmental impact report, or, if appropriate, a
modification, addendum, or supplement to an existing environmental
impact report, for a project that may adversely affect the coastal or
marine resources in a marine life reserve designated pursuant to
Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish
and Game Code, or a marine protected area or marine managed area
designated pursuant to Chapter 7 (commencing with Section 36600) of
Division 27, unless that project is exempt from this division
pursuant to Section 21080.15.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.