BILL ANALYSIS
AB 2814
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Byron D. Sher, Chairman
2003-2004 Regular Session
BILL NO: AB 2814
AUTHOR: Simitian
AMENDED: April 26, 2004
FISCAL: No HEARING DATE: June 14, 2004
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : CALIFORNIA ENVIRONMENTAL QUALITY ACT
SUMMARY :
Existing law , under the California Environmental Quality Act
(CEQA):
1) Requires a petitioner or plaintiff to name, as a real party
in interest, "any recipient of an approval" that is the
subject of an action or proceeding brought pursuant to
certain provisions of CEQA, and must serve the petition or
complaint on that real party in interest no later than 20
business days following service of the petition or
complaint on the public agency.
2) Requires the public agency to provide the petitioner or
plaintiff with a list of responsible agencies, or any
agency having jurisdiction over a natural resource affected
by the project, no later than 10 business days following
service of the petition or complaint on the public agency.
3) Provides that failure to name potential parties, other than
those described above (#1 and #2), is not grounds for
dismissal.
This bill :
1) Clarifies that a petitioner or plaintiff must name, as a
real party in interest, "each person that has applied for
and received an approval" rather than "any recipient of an
approval."
2) Provides that failure to name potential parties, other than
AB 2814
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those real parties in interest described in #1 above, is
not grounds for dismissal.
COMMENTS :
1) Purpose of Bill . According to the Planning and
Conservation League, sponsor of AB 2814, this bill "makes
clarifying amendments to two provisions of [CEQA] related
to real parties in interest and the potential parties who
have to be named in any action or proceeding brought under
CEQA."
2) Background . SB 1393 (Kuehl) Chapter 1121, Statutes of
2002, made various revisions to CEQA, including
requirements for naming a real party in interest, serving
the petition or complaint, and providing certain agencies
with notice of the action or proceeding ( NOTE : SB 1393
provisions were contained in SB 1622 when heard by the
committee). This provision also provides that failure to
name potential parties, other than those specified ( i.e. ,
recipient of approval, certain agencies) is not grounds for
dismissal.
AB 2814 clarifies that the real party in interest is "each
person that has applied for and received an approval" that
is the subject of an action, rather than "any recipient of
an approval." This bill also provides that failure to name
potential parties, other than the person that has applied
for and received an approval, is not grounds for dismissal.
Therefore, the matter may not be dismissed for failure to
name responsible agencies, as well as any public agency
having jurisdiction over a natural resource affected by the
project.
SOURCE : Planning and Conservation League
SUPPORT : None on file
OPPOSITION : None on file