BILL ANALYSIS
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THIRD READING
Bill No: AB 2814
Author: Simitian (D)
Amended: 8/9/04 in Senate
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 makes a clarifying amendment to
provision of the California Environmental Quality Act
(CEQA) related to real parties in interest.
Senate Floor Amendments of 8/9/04 revise a provision of the
bill so that it is the same as current law. Under current
law, a plaintiff in certain CEQA matters must name, as a
real party in interest, "any recipient of" an approval that
is the subject of an action. This bill clarified that
"each person that has applied for and received" an approval
must be named, rather than "any recipient of" an approval.
Due to concerns by certain interests, the amendments
provide that "any recipient" of an approval must be named,
which is the same as current law.
CONTINUED
AB 2814
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2
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
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 provides that failure to name potential parties,
other than those real parties in interest described in #1
above, is not grounds for dismissal.
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. 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.
This bill 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.
AB 2814
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3
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/9/04)
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 8/10/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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