BILL NUMBER: AB 2814	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  AUGUST 18, 2004
	PASSED THE SENATE  AUGUST 16, 2004
	AMENDED IN SENATE  AUGUST 9, 2004
	AMENDED IN ASSEMBLY  APRIL 26, 2004

INTRODUCED BY   Assembly Member Simitian

                        FEBRUARY 20, 2004

   An act to amend Section 21167.6.5 of the Public Resources Code,
relating to natural resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2814, Simitian.  Natural resources:  California Environmental
Quality Act.
   The 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.
   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.  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, provide that failure to name potential
parties, other than those real parties in interest, is not grounds
for dismissal, as specified.


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


  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 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), 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.