BILL NUMBER: AB 515	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 5, 2014
	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 
    The  California Environmental Quality Act requires the
court, if 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   bill, for a
 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 the
peremptory writ of mandate, this bill would impose a state-mandated
local program.   containing specified mandates, would
expressly authorize the court to require the public agency to prepare
and file an initial return of the writ.  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 filing 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
  no  . State-mandated local program:  yes
  no  .


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 identifyingwith
specificity what action by the public agency is necessary to comply
with this division. The peremptory writ of mandate may include
  an order that includes  one or more of the
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 
paragraph (2) or (3)   of  subdivision (a) shall
 include only   specify  those mandates
 or actions  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   may require the  public agency
 shall be required  to prepare and file an initial
return of the writ.
   (c)  An   If the court issues a peremptory
writ of mandate pursuant to paragraph (2) or (3) of subdivision (a),
an  initial return of the peremptory writ of mandate 
shall   may  describe 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) An estimated schedule for these actions.
   (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.
   (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.
   (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.