California Legislature—2013–14 Regular Session

Assembly Bill No. 515

Introduced by Assembly Member Dickinson

February 20, 2013

An act to amend Section 38 of, and to add Chapter 5.2 (commencing with Section 101) to Title 1 of Part 1 of, the Code of Civil Procedure, and to amend Sections 21167.1, 21167.9, and 21168.9 of, and to add Sections 21060.2 and 21167.15 to, the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 515, as introduced, Dickinson. Environmental quality: California Environmental Quality Act: judicial review.

The California Constitution vests the judicial power of the state in the Supreme Court, the courts of appeal, and the superior courts. Existing law establishes a superior court of one or more judges in each county and provides that the superior courts have original jurisdiction, except as provided in the Constitution. Existing law requires the presiding judge of each superior court to distribute the business of the court among the judges, and to prescribe the order of business, subject to the rules of the Judicial Council.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve 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 also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a judicial review of determinations made by a public agency pursuant to CEQA and requires actions or proceedings brought pursuant to CEQA to be given preference over all other civil actions by a trial court. Existing law requires the superior courts in all counties with a population of more than 200,000 to designate one or more judges to develop expertise in CEQA and related land use and environmental laws, so that those judges will be available to hear, and quickly resolve, actions or proceedings brought pursuant to CEQA. If the court finds that a determination made by a public agency pursuant to CEQA violates the requirements of CEQA, CEQA requires the court to issue an order, in the form of a peremptory writ of mandate, specifying what action by the public agency is necessary to comply with CEQA.

This bill would provide for at least 2 CEQA compliance court districts within the state, with the appropriate boundaries for the districts and locations for seating CEQA compliance courts to be determined by rule of court. The bill would establish a CEQA compliance court in every district, consisting of at least 3 judges. The bill would require the Governor to appoint judges to the CEQA compliance court based upon their expertise in CEQA and related land use and environmental laws, so that those judges will be able to hear and quickly resolve those actions or proceedings. The bill would require the Chief Justice of California to designate one of the judges of each CEQA compliance court district as the presiding judge of that district. The bill would give the CEQA compliance court jurisdiction over actions or proceedings involving CEQA, as well as joined matters involving related land use and environmental laws. The bill would provide that decisions of the CEQA compliance court may be appealed only to the Supreme Court. The bill would require the CEQA compliance court to issue a preliminary decision before the opportunity for oral argument is granted. If the CEQA compliance court finds that a determination of a public agency violated CEQA, the bill would require that the court order specify what action taken by the public agency was in error.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 38 of the Code of Civil Procedure is
amended to read:

38.  

Unless the provision or context otherwise requires, a
reference in a statute to a judicial district means:

(a) As it relates to a court of appeal, the court of appeal district.

(b) As it relates to a superior court, the county.

begin delete

(c) As it relates to a municipal court, the municipal court district.

end delete begin delete

(d) As it relates to a county in which there is no municipal court,
the county.

end delete begin insert

(c) As it relates to a CEQA compliance court, the CEQA court
district.

end insert

SEC. 2.  

Chapter 5.2 (commencing with Section 101) is added
to Title 1 of Part 1 of the Code of Civil Procedure, to read:

 

Chapter  5.2. Environmental Court

 

101.  

For the purposes of this chapter, “CEQA” means the
California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).

102.  

(a) There shall be at least two CEQA compliance court
districts within the state. The appropriate boundaries for the
districts and locations for seating CEQA compliance courts shall
be determined by rule of court.

(b) In every district there is a CEQA compliance court, which
shall consist of at least three judges. The Governor shall appoint
judges to the CEQA compliance court based upon their expertise
in CEQA and related land use and environmental laws, so that
those judges will be able to hear and quickly resolve those actions
or proceedings. The Chief Justice of California shall designate one
of the judges of each CEQA compliance court district as the
presiding judge of that district.

103.  

(a) In each district, no more than three judges shall
participate in a hearing or decision. The presiding judge of the
district shall designate the three judges who shall participate.

(b) The concurrence of two judges of the CEQA court is
necessary to render the decision in every case, and to transact any
other business except business that may be done at chambers by
the presiding judge of the district. The presiding judge shall also
supervise its business and transact any business that may be done
at chambers.

(c) The CEQA compliance court shall have jurisdiction over
actions or proceedings involving CEQA, as well as joined matters
involving related land use and environmental laws.

(d) Notwithstanding any other law, the decisions of the CEQA
compliance court may be appealed only to the Supreme Court.

(e) Except as otherwise provided in this article, the law generally
applicable to civil actions shall apply to actions subject to this
article.

104.  

(a) The presiding judge shall convene the CEQA court
when necessary.

(b) The CEQA compliance court may transact business at any
time. Adjournments from day to day, or from time to time, are to
be construed as recesses in the sessions, and shall not prevent the
CEQA compliance court from sitting at any time.

SEC. 3.  

Section 21060.2 is added to the Public Resources Code,
to read:

21060.2.  

“CEQA compliance court” means the court
established pursuant to Chapter 5.2 (commencing with Section
101) of Title 1 of Part 1 of the Code of Civil Procedure.

SEC. 4.  

Section 21167.1 of the Public Resources Code is
amended to read:

21167.1.  

(a) In all actions or proceedings brought pursuant to
Sections 21167, 21168, and 21168.5, including the hearing of an
action or proceeding on appeal from a decision of a lower court,
all courts in which the action or proceeding is pending shall give
the 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 shall be quickly heard and determined. The court
shall regulate the briefing schedule so that, to the extent feasible,
the court shall commence hearings on an appeal within one year
of the date of the filing of the appeal.

(b) To ensure that actions or proceedings brought pursuant to
Sections 21167, 21168, and 21168.5 may be quickly heard and
determined begin delete in the lower courts, the superior courts in all counties
with a population of more than 200,000 shall designate one or
more judges to develop end delete begin insert by judges with end insert expertise in this division
and related land use and environmental laws, begin delete so that those judges
will be available to hear, and quickly resolve, end delete actions or
proceedings brought pursuant to Sections 21167, 21168, and
21168.5 begin insert shall be heard by the CEQA compliance court end insert .

(c) In an action or proceeding filed pursuant to this chapter that
is joined with any other cause of action, the court, upon a motion
by any party, may grant severance of the actions. In determining
whether to grant severance, the court shall consider such matters
as judicial economy, administrative economy, and prejudice to
any party.

SEC. 5.  

Section 21167.9 of the Public Resources Code is
amended to read:

21167.9.  

begin delete Any end delete begin insert An end insert action brought in the begin delete superior end delete begin insert CEQA
compliance end insert court relating to this division may be subject to a
mediation proceeding conducted pursuant to Chapter 9.3
(commencing with Section 66030) of Division 1 of Title 7 of the
Government Code.

SEC. 6.  

Section 21167.15 is added to the Public Resources
Code, to read:

21167.15.  

To ensure the efficient use of the court’s time and
a focused discussion of the issues at oral arguments, the CEQA
compliance court shall first issue a preliminary decision before
the opportunity for oral argument is granted.

SEC. 7.  

Section 21168.9 of the Public Resources Code is
amended to read:

21168.9.  

(a) If begin delete a end delete begin insert the CEQA compliance end insert court finds, as a result
of a trial, hearing, or remand from begin delete an appellate court end delete begin insert the Supreme
Court end insert , that begin delete any end delete begin insert a end insert determination, finding, or decision of a public
agency has been made without compliance with this division, the
court shall enter an order that includes one or more of the
following:

(1) A mandate that the determination, finding, or decision be
voided by the public agency, in whole or in part.

(2) If the begin insert CEQA compliance end insert court finds that a specific project
activity or activities will prejudice the consideration or
implementation of particular mitigation measures or alternatives
to the project, a mandate that the public agency and any real parties
in interest suspend any or all specific project activity or activities,
pursuant to the determination, finding, or decision, that could result
in an adverse change or alteration to the physical environment,
until the public agency has taken any actions that may be necessary
to bring the determination, finding, or decision into compliance
with this division.

(3) A mandate that the public agency take specific action as
may be necessary to bring the determination, finding, or decision
into compliance with this division.

(b)  begin delete Any end delete begin insert An end insert order pursuant to subdivision (a) shall include only
those mandates which are necessary to achieve compliance with
this division and only those specific project activities in
noncompliance with this division. The order shall be made by the
issuance of a peremptory writ of mandate specifying what action
begin insert was in error and what specific action end insert by the public agency is
necessary to comply with this division. However, the order shall
be limited to that portion of a determination, finding, or decision
or the specific project activity or activities found to be in
noncompliance only if a court finds that (1) the portion or specific
project activity or activities are severable, (2) severance will not
prejudice complete and full compliance with this division, and (3)
the court has not found the remainder of the project to be in
noncompliance with this division. The begin delete trial end delete begin insert CEQA compliance end insert
court shall retain jurisdiction over the public agency’s proceedings
by way of a return to the peremptory writ until the court has
determined that the public agency has complied with this division.

(c)  begin delete Nothing in this section authorizes a end delete begin insert This section does not
authorize the CEQA compliance end insert court to direct begin delete any end delete begin insert a end insert public agency
to exercise its discretion in any particular way. Except as expressly
provided in this section, begin delete nothing in this end delete begin insert this end insert section is begin insert not end insert intended
to limit the equitable powers of the court.