BILL NUMBER: AB 515 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 17, 2014
AMENDED IN ASSEMBLY JANUARY 6, 2014
AMENDED IN ASSEMBLY MARCH 11, 2013
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 20, 2013
An act to amend Section 21168.9 of the Public Resources Code,
relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 515, as amended, Dickinson. Environmental quality: California
Environmental Quality Act: writ of mandate.
(1) The California Environmental Quality Act requires the court,
if the court it finds that a public
agency has violated the requirements of the act, to issue an order,
in the form of a peremptory writ of mandate, specifying what actions
by the public agency are necessary to comply with the requirements of
the act.
This bill would require the peremptory writ of
mandate to specify the time by which the public agency is to
make an initial return of the peremptory writ of
mandate containing specified information. Because a public
agency would be required to file an initial return of a
the peremptory writ of mandate , this
bill would impose a state-mandated local program. The bill
would require the trial court, to the extent feasible, to issue a
determination indicating whether the actions specified in the initial
return and any subsequent return are adequate to comply with the
peremptory writ of mandate within 30 days of the f iling
of the return.
(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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 21168.9 of the Public Resources Code is amended
to read:
21168.9. (a) If a court finds, as a result of a trial, hearing,
or remand from an appellate court, that any determination, finding,
or decision of a public agency has been made without compliance with
this division, the court shall enter a judgment directing the
issuance of a peremptory writ of mandate specifying
identifying with specificity what action by the
public agency is necessary to comply with this division,
including division. The peremptory writ of mandate may
include one or more of the following:
following mandates:
(1) A mandate that the determination, finding, or decision be
voided by the public agency, in whole or in part.
(2) If the 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) (1) A peremptory writ of mandate issued
pursuant to subdivision (a) shall include only those mandates that
are necessary to achieve compliance with this division and shall
address only those specific project activities in noncompliance with
this division.
(2) The peremptory writ of mandate 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 all of the following:
(A) The portion or specific project activity or activities are
severable.
(B) Severance will not prejudice complete and full compliance with
this division.
(C) The court has not found the remainder of the project to be in
noncompliance with this division.
(3) The peremptory writ of mandate shall
include the time by which the public agency shall make
be required to prepare and file an initial
return of the writ.
(4) The trial 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) An initial return of the peremptory writ of
mandate shall describe all both
of the following:
(1) The actions the public agency will take to come into
compliance with the peremptory writ of mandate
and this division.
(2) A An estimated schedule for
these actions.
(3) In the case of a negative declaration, mitigated negative
declaration, or environmental impact report found not to be in
compliance with this division, the public comment period applicable
to the agency's revision of the document.
(d) To the extent feasible, within 30 days of the filing of the
initial return of the peremptory writ of mandate, the trial court
shall issue a determination indicating whether the actions specified
in the initial return are adequate to comply with the peremptory writ
of mandate.
(e) The trial court shall retain jurisdiction over the public
agency's proceedings by way of a return of the peremptory writ of
mandate until the court determines that the public agency has
complied with this division. To the extent feasible, the trial court
shall issue its determination on the return of the peremptory writ of
mandate within 30 days of the filing of the return.
(d)
(f) This section does not authorize a court to direct a
public agency to exercise its discretion in any particular way.
Except as expressly provided in this section, this section is not
intended to limit the equitable powers of the court.
(e)
(g) This section does not affect the authority of a
court to allow those determinations, findings, or decisions of a
public agency that are not found to be in violation of this division
to proceed, if allowing the public agency to proceed does not, in any
manner, prejudice complete and full compliance with this division.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.