BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2814
                                                                  Page  1

          Date of Hearing:  May 3, 2004

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                             Hannah-Beth Jackson, Chair
                   AB 2814 (Simitian) - As Amended:  April 26, 2004
           
          SUBJECT  :  California Environmental Quality Act: litigation.

           SUMMARY  :  This bill narrows the category of persons who are  
          required to be named as a real party in interest in litigation  
          under the California Environmental Quality Act (CEQA).

           EXISTING LAW  :

          Pursuant to CEQA (commencing with 21000, Public Resources  
          Code), requires, in litigation against a public agency on the  
          grounds of noncompliance with CEQA, that the plaintiff name, as  
          a real party in interest, and serve the complaint on, "any  
          recipient of an approval" that is the subject of the litigation.

           THIS BILL  :

          Clarifies existing law by requiring that the plaintiff name, as  
          a real party in interest, and serve the complaint on, "each  
          person that applied for and received an approval"-rather than  
          "any recipient of an approval"-that is the subject of the  
          litigation.
           
          FISCAL EFFECT  :  None

           COMMENT  :

          A "real party in interest" is someone who will benefit from the  
          outcome of litigation, but is neither the plaintiff nor the  
          defendant.  Equitable principals, reflected in the  
          "indispensable party rule", seek to assure that the person who  
          will actually be affected by litigation is adequately notified  
          so he or she can participate in the litigation.  The provision  
          of CEQA proposed to be amended by this bill, as well as numerous  
          other statutes, specify which persons are indispensable parties  
          and must be named and served in litigation.  This bill narrows  
          the category of persons who must be named as a real party in  
          interest in litigation under CEQA from a potentially large group  
          of persons who might be remotely or theoretically involved in  
          the CEQA approval to only those who actually applied for and  








                                                                  AB 2814
                                                                  Page  2

          received the CEQA approval that is being litigated.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Planning and Conservation League

           Opposition 
           
          None on file
           
          Analysis Prepared by  :  Jeff Arthur / NAT. RES. / (916) 319-2092