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: August 27, 2010
FISCAL: Yes HEARING DATE: August 31,
2010
URGENCY: Yes CONSULTANT: Randy Pestor
SUBJECT : CALIFORNIA ENVIRONMENTAL QUALITY ACT
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
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(Government Code 66030 et seq.):
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).
As approved by the Senate :
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.
Assembly amendments :
1) Under CEQA:
a) Authorize a person wishing to bring an action or
proceeding alleging noncompliance with CEQA to first
file a notice requesting mediation with the lead agency
and real party in interest. The lead agency may respond
to the notice by accepting the request and proceeding
with mediation, and the request is deemed denied if the
lead agency fails to respond. (Public Resources Code
21167.10).
b) Clarify procedures relating to an organization
formed after project approval that maintains an action
alleging noncompliance with CEQA. (21177).
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c) Authorize the Attorney General, in an action or
proceeding alleging noncompliance with CEQA, to file a
motion with the court seeking an expedited schedule to
resolve the case on grounds that it would be in the
public interest to do so. (21167.4).
d) Allow a party to file a motion asking the court to
impose a penalty for a frivolous claim in accordance
with this provision. (21169.11).
e) Adds provisions relating to tiering of
environmental documents based on provisions contained in
the CEQA guidelines. (21094).
2) Under Mediation and Resolution of Land Use Disputes Law
(Government Code 66030 et seq.), provides a clarifying
cross reference to the above exception under CEQA.
3) Sunset the above provisions January 1, 2016.
4) Add double-joining provisions with AB 231 (Huber) to avoid
chaptering conflicts.
5) Make technical and clarifying amendments.
COMMENTS :
1) Purpose of Bill . According to the author, "SB 1456
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; establishes a process for an expedited schedule
to resolve cases while allowing any party to request
imposition of a penalty for frivolous litigation; and sets
procedures for tiering environmental documents."
2) SB 1456 referred to Committee under Senate Rule 29.10 . As
approved by the Committee April 6, 2010 (6-0), and the
Senate April 15, 2010 (35-0), SB 1456 clarified under CEQA
that a mediation proceeding in accordance with the
Mediation and Resolution of Land Use Disputes Law, like a
CEQA settlement meeting, is intended to be conducted
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concurrently with any judicial proceeding.
Assembly amendments broadened the scope of this bill to add
provisions relating to mediation to resolve CEQA disputes,
setting an expedited schedule to resolve cases, imposition
of a penalty for frivolous litigation, an organization
challenging a project that is formed after project
approval, and tiering environmental documents.
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).
SOURCE : Senator Simitian
SUPPORT : California Association of Realtors, California
Council for Environmental and Economic Balance,
Silicon Valley Leadership Group
OPPOSITION : None on File