BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2814|
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THIRD READING
Bill No: AB 2814
Author: Simitian (D)
Amended: 4/26/04 in Assembly
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 4-1, 6/14/04
AYES: Sher, Chesbro, Figueroa, Kuehl
NOES: McPherson
NO VOTE RECORDED: Romero, Vacancy
ASSEMBLY FLOOR : 48-27, 5/24/04 - See last page for vote
SUBJECT : California Environmental Quality Act
SOURCE : Planning and Conservation League
DIGEST : This bill narrows the category of persons
required to be named as a real party in interest in
litigation under the California Environmental Quality Act.
ANALYSIS :
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
CONTINUED
AB 2814
Page
2
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 those real parties in interest described in #1
above, is not grounds for dismissal.
Comments
Purpose of the bill . According to the bill's sponsor, the
Planning and Conservation League, 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."
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
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3
This bill 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/15/04)
Planning and Conservation League (source)
ASSEMBLY FLOOR :
AYES: Berg, Bermudez, Calderon, Canciamilla, Chan, Chavez,
Chu, Cohn, Corbett, Correa, Diaz, Dutra, Dymally,
Firebaugh, Frommer, Hancock, Harman, Jerome Horton,
Jackson, Kehoe, Koretz, Laird, Leno, Levine, Lieber, Liu,
Longville, Lowenthal, Maldonado, Matthews, Montanez,
Mullin, Nakano, Negrete McLeod, Parra, Pavley, Reyes,
Richman, Ridley-Thomas, Salinas, Simitian, Steinberg,
Vargas, Wesson, Wiggins, Wolk, Yee, Nunez
NOES: Aghazarian, Bates, Benoit, Bogh, Campbell, Cogdill,
Cox, Daucher, Dutton, Garcia, Haynes, Houston, Keene, La
Malfa, La Suer, Leslie, Maze, McCarthy, Mountjoy,
Nakanishi, Pacheco, Plescia, Runner, Samuelian, Spitzer,
Strickland, Wyland
NO VOTE RECORDED: Goldberg, Shirley Horton, Maddox,
Nation, Oropeza
CP:mel 6/15/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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