BILL ANALYSIS
SB 1456
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 1456
AUTHOR: Simitian
AMENDED: March 23, 2010
FISCAL: No HEARING DATE: April 5, 2010
URGENCY: Yes CONSULTANT: Randy Pestor
SUBJECT : CEQA MEDIATION PROCEEDINGS
SUMMARY :
Existing law :
1) Under the California Environmental Quality Act (CEQA):
a) Requires lead agencies with the principal
responsibility for carrying out or approving a proposed
discretionary project to prepare a negative declaration,
mitigated declaration, or environmental impact report
(EIR) for this action, unless the project is exempt from
CEQA (CEQA includes various statutory exemptions, as
well as categorical exemptions in the CEQA guidelines).
(Public Resources Code 21000 et seq.).
b) Requires challenges to CEQA determinations to be
commenced within specified periods (e.g., 30 days of an
agency's filing of a notice of determination, 35 days of
an agency's filing of a notice of exemption) (21167).
No later than 20 days from the date of service upon a
public agency, the public agency must file a notice with
the court setting a time and place for all parties to
meet and attempt to settle the litigation. The
settlement meeting may be continued from time to time
without postponing or otherwise delaying other
applicable litigation time limits, and the settlement
meeting is intended to be conducted concurrently with
any judicial proceeding (21167.8).
2) Under the Mediation and Resolution of Land Use Disputes Law
(Government Code 66030 et seq.):
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a) Authorizes an action brought in superior court
relating to certain subjects (e.g., CEQA, general plan
and zoning, redevelopment plans) to be subject to
mediation in accordance with the Law. The court may
invite parties to consider resolving their dispute by
selecting a mutually acceptable person, organization, or
agency to serve as mediator, and certain time limits are
specified. (66031).
b) Requires all time limits with respect to an action to
be tolled while the mediator conducts the mediation, and
any action taken regarding mediation must be taken in
accordance with current law. (66032).
This bill :
1) Under CEQA, clarifies that mediation proceedings under the
Mediation and Resolution of Land Use Disputes Law is
intended to be conducted concurrently with any judicial
proceeding.
2) Contains an urgency clause.
COMMENTS :
1) Purpose of Bill . CEQA requires a settlement meeting after
an action or proceeding alleging that a public agency has
not complied with certain matters relating to CEQA. The
Mediation and Resolution of Land Use Disputes Law
authorizes an action brought in superior court relating to
certain matters, including CEQA, to be subject to mediation
in accordance with the Law.
While CEQA provides that a settlement meeting is intended to
be conducted concurrently with any judicial proceedings,
the Mediation and Resolution of Land Use Disputes Law
provides that time limits with respect to an action are to
be tolled while the mediator conducts the mediation.
The purpose of SB 1456 is to clarify under CEQA that a
mediation proceeding in accordance with the Mediation and
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Resolution of Land Use Disputes Law, like a CEQA settlement
meeting, is intended to be conducted concurrently with any
judicial proceeding. This clarification is helpful because
CEQA requires all courts in which an action or proceeding
under CEQA is pending to give that action or proceeding
preference over all other civil actions, in the matter of
setting the action or proceeding for hearing or trial, and
in hearing or trying the action or proceeding, so that the
action or proceeding is quickly heard and determined.
2) Related legislation . SB 894 (Committee on Local
Government) contains a cross reference to the Mediation and
Resolution of Land Use Disputes Law in each of the affected
provisions referenced in the Law, including a cross
reference in CEQA to that Law (adding Public Resources Code
21167.9). Further clarification may be necessary to
ensure that the tolling provisions in this Law do not
override the provisions of SB 1456.
3) Other issues to consider . Since there may be value to
mediation as an opportunity to avoid litigation, it may be
helpful for the author to consider ways to encourage
mediation to resolve CEQA conflicts prior to challenges
involving CEQA determinations.
SOURCE : Senator Simitian
SUPPORT : None on file
OPPOSITION : None on file