BILL ANALYSIS �
AB 598
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Date of Hearing: January 9, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 598 (Grove) - As Amended: March 31, 2011
SUBJECT : Environmental quality: CEQA: standing
SUMMARY : Eliminates citizen enforcement of the California
Environmental Quality Act (CEQA) by providing that only the
Attorney General may seek judicial review of a lead agency's
decision under CEQA.
EXISTING LAW :
1)Pursuant to CEQA, requires a lead agency with the principal
responsibility for carrying out or approving a proposed
discretionary project to evaluate the environmental effects of
its action and prepare a negative declaration, mitigated
negative declaration, or environmental impact report (EIR),
unless the project is exempt from CEQA. If an initial study
shows that the project may have a significant effect on the
environment, the lead agency must prepare an EIR.
2)Authorizes judicial review of CEQA actions taken by public
agencies, following the agency's decision to carry out or
approve the project. 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 in the Superior Court within 30 days of filing
of the notice of approval. Any person can challenge a lead
agency's determination, provided the alleged grounds for
noncompliance with CEQA were presented to the public agency
and the person objected to the approval of the project during
the public comment period or prior to the close of the public
hearing on the project (these "standing" requirements do not
apply to the Attorney General).
THIS BILL prohibits any person, other than the Attorney General,
from commencing or maintaining an action or proceeding (i.e.
lawsuit) alleging that an EIR, negative declaration, or
mitigated negative declaration does not comply with CEQA.
FISCAL EFFECT : Non-fiscal
AB 598
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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.
Generally, 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. If mitigation measures are required or
incorporated into a project, the agency must adopt a reporting
or monitoring program to ensure compliance with those measures.
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
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. The
courts are required to give CEQA actions preference over all
other civil actions. The petitioner must request a hearing
within 90 days of filing the petition and, generally, briefing
must be completed within 90 days of the request for hearing.
According to a 2005 analysis by the Public Policy Institute of
California, one lawsuit is filed for every 354 projects reviewed
under CEQA. Judicial review is the only enforcement mechanism
available to the public to assure CEQA's requirements are
followed by lead agencies. This bill would vest enforcement of
each of thousands of state and local CEQA actions with the
Attorney General. In opposition to the bill, the Attorney
General's Office states it "is not, nor could it feasibly be,
budgeted and staffed to monitor every project with potential
environmental impacts undertaken throughout California?AB 598
would effectively eliminate, rather than reform, CEQA as
substantive state policy."
AB 598
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REGISTERED SUPPORT / OPPOSITION :
Support
Chambers of Commerce Alliance of Ventura and Santa Barbara
Counties
Opposition
California Attorney General Kamala Harris
California League of Conservation Voters
California Teamsters Public Affairs Council
Consumer Attorneys of California
Planning and Conservation League
Sierra Club California
Western States Council of the United Food and Commercial Workers
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092