BILL ANALYSIS
SB 1456
Page 1
SENATE THIRD READING
SB 1456 (Simitian)
As Amended August 20, 2010
2/3 vote. Urgency
SENATE VOTE :35-0
NATURAL RESOURCES 9-0 APPROPRIATIONS 17-0
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|Ayes:|Chesbro, Gilmore, |Ayes:|Fuentes, Conway, |
| |Brownley, | |Bradford, |
| |De Leon, Hill, Huffman, | |Charles Calderon, Coto, |
| |Knight, Logue, Skinner | |Davis, |
| | | |De Leon, Gatto, Hall, |
| | | |Harkey, Miller, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Clarifies the circumstances under which cumulative
effects are not required to be examined under the California
Environmental Quality Act (CEQA) and makes several revisions to
mediation and judicial review procedures. Specifically, this
bill :
1)Amends CEQA as follows until January 1, 2016:
a) Provides that a cumulative effect is not required to be
examined in an EIR or other CEQA document if a lead agency
finds that it has been adequately addressed in a prior
document, unless the lead agency finds that the incremental
effects of the project are cumulatively considerable
according to specified criteria (this incorporates existing
provisions of the CEQA Guidelines into the statute).
b) Authorizes the Attorney General to request an expedited
schedule for resolution of any CEQA lawsuit.
c) Provides that a mediation proceeding conducted pursuant
to the law governing mediation and resolution of land use
disputes (Government Code Section 66030, et seq.) is
intended to be conducted concurrently with any judicial
proceeding (consistent with a settlement meeting conducted
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pursuant to CEQA).
d) Authorizes any person wishing to file a CEQA lawsuit to
first request, within five business days, mediation with
the lead agency and the real party in interest. Provides
that the request is deemed denied if the lead agency does
not respond within five business days. If mediation is
conducted, provides that CEQA's statute of limitations
shall be tolled until the mediation is completed.
e) Authorizes a party to a CEQA lawsuit to request the
court impose a penalty on any party making a "frivolous"
claim, and authorizes the court to impose a penalty up to
$10,000.
f) For an organization formed after the approval of a
project to have standing to file a CEQA lawsuit, requires
the organization to have had a member present the alleged
grounds for noncompliance to the lead agency during the
public comment period or public hearing on the project (in
addition to the requirement in current law that a member of
the organization simply has objected to the project).
2)Sunsets the above changes and reenacts existing law effective
January 1, 2016.
3)Contains a section incorporating amendments made by AB 231
(Huber) to resolve a potential chaptering conflict.
4)Contains an urgency clause.
EXISTING LAW :
1)Requires lead agencies with the principal responsibility for
carrying out or approving a proposed project to prepare a
negative declaration, mitigated negative declaration, or
environmental impact report (EIR) for this action, unless the
project is exempt from CEQA.
2)Authorizes a lead agency to use a tiered EIR (based on a prior
EIR) for a project when the prior EIR has been prepared for a
program, plan, policy or ordinance and the project is
consistent. Provides that the tiered EIR is not required to
examine effects that were examined at a sufficient level of
detail in the prior EIR.
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3)Authorizes judicial review of CEQA actions taken by public
agencies, following the agency's decision to carry out or
approve the project, subject to statutes of limitations
ranging from 30 to 180 days:
a) Challenges alleging improper determination that a
project may have a significant effect on the environment,
or alleging an EIR doesn't comply with CEQA, must be filed
within 30 days of filing of the notice of approval;
b) Challenges alleging improper determination that a
project is exempt from CEQA must be filed within 35 days of
filing of the notice of exemption, or 180 days if no notice
has been filed and,
c) Challenges alleging an agency has failed to determine
whether a project has a significant effect on the
environment must be filed within 180 days.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor state costs, if any. Potential state savings
of an unknown amount to the extent state agencies serving as
lead agencies accept requests for mediation as an alternative to
litigation, which typically is less costly than litigation.
COMMENTS : CEQA provides a process for evaluating the
environmental effects of applicable projects undertaken or
approved by public agencies. If a project is not exempt from
CEQA, an initial study is prepared to determine whether the
project may have a significant effect on the environment. If
the initial study shows that there would not be a significant
effect on the environment, the lead agency must prepare a
negative declaration. If the initial study shows that the
project may have a significant effect on the environment, the
lead agency must prepare an EIR. An EIR must accurately
describe the proposed project, identify and analyze each
significant environmental impact expected to result from the
proposed project, identify mitigation measures to reduce those
impacts to the extent feasible, and evaluate a range of
reasonable alternatives to the proposed project.
Generally, CEQA actions taken by local public agencies can be
challenged in Superior Court once the agency approves or
determines to carry out the project. CEQA appeals are subject
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to unusually short statutes of limitations. Under current law,
court challenges of CEQA decisions generally must be filed
within 30-35 days, depending on the type of decision. In
addition, CEQA requires the courts to give CEQA cases preference
over all other civil actions, so that the cases are quickly
heard and determined.
According to the author, this bill responds to the need for
mediation to resolve CEQA disputes to avoid litigation while
ensuring that mediation after an action is filed does not affect
the timing of any judicial proceeding; establishing a process
for an expedited schedule to resolve cases while allowing any
party to request imposition of a penalty for frivolous
litigation; ensuring more accountability for an organization
challenging a project that is formed after project approval;
and, establishing procedures for tiering environmental
documents.
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
FN: 0006430