BILL NUMBER: AB 320 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2011
AMENDED IN ASSEMBLY APRIL 12, 2011
INTRODUCED BY Assembly Member Hill
FEBRUARY 9, 2011
An act to amend Sections 21108, 21152, and 21167.6.5 of the Public
Resources Code, relating to the environment.
LEGISLATIVE COUNSEL'S DIGEST
AB 320, as amended, Hill. Environmental quality: California
Environmental Quality Act (CEQA): determination: dispute.
(1) The California Environmental Quality Act (CEQA) requires a
lead agency, which includes a local agency, to prepare, or cause to
be prepared by contract, and certify the completion of, an
environmental impact report on a project, as defined, that may have a
significant effect on the environment, or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA requires a lead agency to file a notice of approval or a notice
of determination containing specified information with the Office of
Planning Research or the county clerk of each county in which the
project is located, as appropriate. CEQA provides a procedure by
which a party may attack, review, set aside, void, or annul the
determination, finding, or decision of a public agency on specified
grounds and requires that a petitioner or plaintiff name, as a real
party in interest, a recipient of an approval that is the subject of
an action or proceeding challenging the determination, finding, or
decision of a public agency pursuant to CEQA.
This bill would require a notice of approval or notice of
determination to identify the person undertaking an activity that
receives financial assistance from a public agency or the person
receiving a lease, permit, license, certificate, or other entitlement
of use from a public agency. Because a lead agency would be required
to include additional information in the notice of approval or
notice of determination, this bill would impose a state-mandated
local program.
This bill would require that the named recipient be as
a petitioner or plaintiff to name, as a real
party in interes t, the person identified by
the public agency in its notice of determination or notice of
exemption , as reflected by the agency's record of proceedings
. The bill would require that a petition or complaint
be subject to dismissal if a petitioner or plaintiff fails to serve
any recipient of an approval within the statute of limitations
period.
The bill would provide that the above requirement would not apply
to a proceeding for judicial review filed pursuant to CEQA that is
pending on or before December 31, 2011, or to actions or proceedings
challenging an act or decision of a public agency for which a notice
of decision or notice of exemption was filed on or before December
31, 2011.
The bill would require a notice of approval or notice of
determination to contain the names of the recipients of the agency's
approval, if any. Because a lead agency would be required to include
additional information in the notice of approval or notice of
determination, this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21108 of the Public Resources Code is amended
to read:
21108. (a) Whenever a state agency approves or determines to
carry out a project that is subject to this division, the state
agency shall file notice of that approval or that determination with
the Office of Planning and Research. The notice shall name
the recipients of the agency's approval, if any
identify the person or persons in subdivision (b) or (c) of Section
21065, as reflected in the agency's record of proceedings , and
indicate the determination of the state agency whether the project
will, or will not, have a significant effect on the environment and
shall indicate whether an environmental impact report has been
prepared pursuant to this division.
(b) Whenever a state agency determines that a project is not
subject to this division pursuant to subdivision (b) of Section 21080
or Section 21172, and the state agency approves or determines to
carry out the project, the state agency or the person specified in
subdivision (b) or (c) of Section 21065 may file notice of the
determination with the Office of Planning and Research. A notice
filed pursuant to this subdivision shall name the recipients
of the agency's approval, if any identify the person
or persons in subdivision (b) or (c) of Section 21065, as reflected
in the agency's record of proceedings . A notice filed pursuant
to this subdivision by a person specified in subdivision (b) or (c)
of Section 21065 shall have a certificate of determination attached
to it issued by the state agency responsible for making the
determination that the project is not subject to this division
pursuant to subdivision (b) of Section 21080 or pursuant to Section
21172. The certificate of determination may be in the form of a
certified copy of an existing document or record of the state agency.
(c) All notices filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research. Each list
shall remain posted for a period of 30 days. The Office of Planning
and Research shall retain each notice for not less than 12 months.
SEC. 2. Section 21152 of the Public Resources Code is amended to
read:
21152. (a) Whenever a local agency approves or determines to
carry out a project that is subject to this division, the local
agency shall file notice of the approval or the determination within
five working days after the approval or determination becomes final,
with the county clerk of each county in which the project will be
located. The notice shall name the recipients of the agency'
s approval, if any identify the person or persons in
subdivision (b) or (c) of Section 21065, as reflected in the agency's
record of proceedings , and indicate the determination of the
local agency whether the project will, or will not, have a
significant effect on the environment and shall indicate whether an
environmental impact report has been prepared pursuant to this
division. The notice shall also include certification that the final
environmental impact report, if one was prepared, together with
comments and responses, is available to the general public.
(b) Whenever a local agency determines that a project is not
subject to this division pursuant to subdivision (b) of Section 21080
or pursuant to Section 21172, and the local agency approves or
determines to carry out the project, the local agency or the person
specified in subdivision (b) or (c) of Section 21065 may file a
notice of the determination with the county clerk of each county in
which the project will be located. A notice filed pursuant to this
subdivision shall name the recipients of the agency's
approval, if any identify the person or persons in
subdivision (b) or (c) of Section 21065, as reflected in the agency's
record of proceedings . A notice filed pursuant to this
subdivision by a person specified in subdivision (b) or (c) of
Section 21065 shall have a certificate of determination attached to
it issued by the local agency responsible for making the
determination that the project is not subject to this division
pursuant to subdivision (b) of Section 21080 or Section 21172. The
certificate of determination may be in the form of a certified copy
of an existing document or record of the local agency.
(c) All notices filed pursuant to this section shall be available
for public inspection, and shall be posted within 24 hours of receipt
in the office of the county clerk. A notice shall remain posted for
a period of 30 days. Thereafter, the clerk shall return the notice to
the local agency with a notation of the period it was posted. The
local agency shall retain the notice for not less than 12 months.
SEC. 3. Section 21167.6.5 of the Public Resources Code is amended
to read:
21167.6.5. (a) The petitioner or plaintiff shall name, as a real
party in interest, the recipient or recipients of an
approval, as the person or persons identified by
the public agency in its notice of determination or notice
of exemption, filed pursuant to subdivision (a) or (b)
of Section 21108 or Section 21152 or, if no notice is filed, the
person or persons in subdivision (b) or (c) of Section
21065, as reflected in the agency's record of proceedings for the
project that is the subject of an action or proceeding brought
pursuant to Section 21167, 21168, or 21168.5, and shall serve the
petition or complaint on that real party in interest, by personal
service, mail, facsimile, or any other method permitted by law, not
later than 20 business days following service of the petition or
complaint on the public agency.
(b) If the petitioner or plaintiff fails to serve the recipient or
recipients of an approval, identified in the public agency's notice
of determination or notice of exemption, within the limitations
period specified in subdivision (a), the petition or complaint shall
be subject to dismissal on the motion of a party interested in the
proceeding.
(c)
(b) The public agency shall provide the petitioner or
plaintiff, not later than 10 business days following service of the
petition or complaint on the public agency, with a list of
responsible agencies and a public agency having jurisdiction over a
natural resource affected by the project.
(d)
(c) The petitioner or plaintiff shall provide the
responsible agencies, and a public agency having jurisdiction over a
natural resource affected by the project, with notice of the action
or proceeding within 15 days of receipt of the list described in
subdivision (c) (b) .
(e)
(d) Failure to name potential persons, other than those
real parties in interest described in subdivision (a) , as
identified by the public agency in its notice of determination or
notice of exemption, is not grounds for dismissal pursuant
to Section 389 of the Code of Civil Procedure.
(f)
(e) This section is not intended to affect an existing
right of a party to intervene in the action.
SEC. 4. Section 21167.6.5 of the Public Resources Code as amended
by this act does not apply to a proceeding for judicial review filed
pursuant to Chapter 6 (commencing with Section 21165) of Division 13
of the Public Resources Code that is pending on or before December
31, 2011, or to an action or proceeding that seeks to attack, review,
void, or set aside an act or decision of a public agency for which a
notice of determination or notice of exemption was filed on or
before December 31, 2011, and the applicable law in effect on that
date shall continue to apply to that proceeding.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.