BILL NUMBER: AB 515 INTRODUCED
BILL TEXT
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.
(c) As it relates to a municipal court, the municipal court
district.
(d) As it relates to a county in which there is no municipal
court, the county.
(c) As it relates to a CEQA compliance court, the CEQA court
district.
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 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 by judges with
expertise in this division 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
Sections 21167, 21168, and 21168.5 shall be heard by the CEQA
compliance court .
(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. Any An action brought in
the superior CEQA compliance 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 a the CEQA compliance
court finds, as a result of a trial, hearing, or remand from
an appellate court the Supreme Court ,
that any a 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 CEQA compliance 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) Any An 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 was in error and what specific action
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 trial CEQA compliance 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) Nothing in this section authorizes a
This section does not authorize the CEQA compliance
court to direct any a public agency to
exercise its discretion in any particular way. Except as expressly
provided in this section, nothing in this
this section is not intended to limit the equitable
powers of the court.