BILL NUMBER: AB 985	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 10, 2007
	AMENDED IN ASSEMBLY  MAY 8, 2007

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 22, 2007

   An act to amend Sections 21168.6 and 25531 of the Public Resources
Code, relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 985, as amended, Saldana. Environment: judicial review.
   The California Environmental Quality Act provides that in an
action or proceeding against the Public Utilities Commission pursuant
to the act the writ of mandate may only be filed with the Supreme
Court of California. The Warren-Alquist State Energy Resources
Conservation and Development Act provides that judicial review of
decisions of the State Energy Resources Conservation and Development
Commission on applications for certification of a power facility and
related facility are subject to judicial review by the Supreme Court
of California.  The California Constitution requires that
decisions of the Supreme Court and courts of appeal that determine
causes be in writing with reasons stated. 
   This bill would additionally provide jurisdiction in these
instances to a court of appeal. The bill would specify the venue in
the Court of Appeal for a petition or judicial review.  The
bill would deem such a petition to constitute a cause, and the
Supreme Court and courts of appeal would be required to issue their
decisions granting or denying the petition in writing with reasons
stated. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

  SECTION 1.  Section 21168.6 of the Public Resources Code is amended
to read:
   21168.6.   (a)    In an action
or proceeding under Sections 21168 or 21168.5 against the Public
Utilities Commission the writ of mandate shall lie only from the
Supreme Court or a court of appeal to the commission. The venue of a
petition for a writ of mandate filed in the Court of Appeal pursuant
to this section shall be in the judicial district in which the
petitioner resides. If the petitioner is a business, the venue shall
be the judicial district in which the petitioner has its principle
place of business in California. 
   (b) A petition for a writ of mandate pursuant to this section
shall constitute "cause" within the meaning of Section 14 of Article
VI of the California Constitution, and the decision granting or
denying the petition shall be in writing with reasons stated.

  SEC. 2.  Section 25531 of the Public Resources Code is amended to
read:
   25531.  (a) The decisions of the commission on an application for
certification of a site and related facility are subject to judicial
review by the Supreme Court of California or a court of appeal. The
venue of a petition for a writ of mandate filed in the Court of
Appeal shall be in the judicial district in which the petitioner
resides. If the petitioner is a business, the venue shall be the
judicial district in which the petitioner has its principle place of
business in California.
   (b) New or additional evidence shall not be introduced upon review
and the cause shall be heard on the record of the commission as
certified to by it. The review shall not be extended further than to
determine whether the commission has regularly pursued its authority,
including a determination of whether the order or decision under
review violates any right of the petitioner under the United States
Constitution or the California Constitution. The findings and
conclusions of the commission on questions of fact are final and are
not subject to review, except as provided in this article. These
questions of fact shall include ultimate facts and the findings and
conclusions of the commission. A report prepared by, or an approval
of, the commission pursuant to Section 25510, 25514, 25516, or
25516.5, or subdivision (b) of Section 25520.5, shall not constitute
a decision of the commission subject to judicial review.
   (c) Subject to the right of judicial review of decisions of the
commission, a court in this state does not have jurisdiction to hear
or determine a case or controversy concerning a matter that was, or
could have been, determined in a proceeding before the commission, or
to stop or delay the construction or operation of a thermal
powerplant except to enforce compliance with the provisions of a
decision of the commission.
   (d) Notwithstanding Section 1250.370 of the Code of Civil
Procedure:
   (1) If the commission requires, pursuant to subdivision (a) of
Section 25528, as a condition of certification of any site and
related facility, that the applicant acquire development rights, that
requirement conclusively establishes the matters referred to in
Sections 1240.030 and 1240.220 of the Code of Civil Procedure in any
eminent domain proceeding brought by the applicant to acquire the
development rights.
   (2) If the commission certifies a site and related facility, that
certification conclusively establishes the matters referred to in
Sections 1240.030 and 1240.220 of the Code of Civil Procedure in an
eminent domain proceeding brought to acquire the site and related
facility.
   (e) A decision of the commission pursuant to Section 25516, 25522,
or 25523 shall not be found to mandate a specific supply plan for an
utility as prohibited by Section 25323. 
   (f) A petition for a writ of mandate pursuant to this section
shall constitute "cause" within the meaning of Section 14 of Article
VI of the California Constitution, and the decision granting or
denying the petition shall be in writing with reasons stated.