Amended in Senate April 4, 2013

Senate BillNo. 123


Introduced by Senator Corbett

January 18, 2013


An act to add Article 2 (commencing with Section 69540) to Chapter 5 of Title 8 of the Government Code, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

SB 123, as amended, Corbett. Environmental andbegin delete Land-Use Court.end deletebegin insert land use court.end insert

Existing law establishes a statewide system of courts with a superior court of one or more judges in each county. 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.

This bill would requirebegin delete the presiding judge of each superior court to establishend deletebegin insert the Judicial Council to direct the creation ofend insert an environmental andbegin delete land-useend deletebegin insert land useend insert division withinbegin delete the courtend deletebegin insert 2 or more superior courts within each of the appellate districts of the stateend insert to process civil proceedings brought pursuant to the California Environmental Quality Act or in specified subject areas, including air quality, biological resources, climate change, hazards and hazardous materials, land use planning, and water quality. The bill would require the Judicial Council, by rule of court, to identify statutes in those specified areas that would be within the jurisdiction of the environmental andbegin delete land-useend deletebegin insert land useend insert court division. The bill would require the Judicial Council, by rule of court, to establish appropriate standards and protocols for the environmental andbegin delete land-useend deletebegin insert land useend insert court division to accomplish the objectives of consistency, expediency, and expertise, including educational requirements and other qualifications for specialized judges assigned to the division.

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

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

P2    1

SECTION 1.  

Article 2 (commencing with Section 69540) is
2added to Chapter 5 of Title 8 of the Government Code, to read:

3 

4Article 2.  Environmental andbegin delete Land-Useend deletebegin insert Land Useend insert Court
5

 

6

69540.  

(a) The Legislature finds and declares all of the
7following:

8(1) According to the World Resources Institute report entitled,
9“Greening Justice: Creating and Improving Environmental Courts
10and Tribunals” (2009), the number of courts and tribunals
11specializing in environmental issues doubled during the past
12decade, prompted by increasingly complex regulations and growing
13concerns about natural resources.

14(2) Environmental issues are often complex and fragmented,
15and conflicting aspects of environmental management and
16protection have made it difficult for governments, developers,
17communities, and advocacy groups to achieve consistent and
18long-range sustainable development. This has resulted in pressures
19to streamline and rationalize the adjudication and enforcement
20process and increase access to justice around the world.

21(3) California’s environmental andbegin delete land-useend deletebegin insert land useend insert court cases
22should be decided by specialized judges trained in environmental
23andbegin delete land-useend deletebegin insert land useend insert law, and whose decisions would be
24documented and published.begin delete It is important that the judicial selection
25process be unbiased.end delete

begin insert

26(4) It is important to continue California’s commitment to
27ensuring an unbiased judicial selection process.

end insert
begin delete

28(4)

end delete

29begin insert(5)end insert The creation of an environmental andbegin delete land-useend deletebegin insert land useend insert
30 court can maximize both judicial competence and the speed of
31decisionmaking, allowing litigants to have their cases heard and
32an effective remedy delivered quickly.begin delete The court should hear the
33case in the county in which the case arose.end delete

P3    1(b) Accordingly, it is the intent of the Legislature to establish
2an environmental andbegin delete land-useend deletebegin insert land useend insert division within each
3superior court to expedite civil proceedings within the jurisdiction
4of the division, with more consistent rulings and better outcomes
5for all parties of interest.

begin delete
6

69542.  

(a) The presiding judge of each superior court shall
7establish an environmental and land-use division within the court
8to process all civil proceedings subject to this article. The Chief
9Justice of California may direct the consolidation of two or more
10superior courts in contiguous counties into a single environmental
11and land-use division, which may convene at the various court
12facilities within the participating counties as deemed appropriate,
13with consideration given to the convenience of access of the parties.

end delete
14begin insert

begin insert69542.end insert  

end insert
begin insert

(a) The Judicial Council shall direct the creation of
15an environmental and land use division within two or more
16superior courts within each of the appellate districts of the state
17to process all civil proceedings subject to this article.

end insert
begin insert

18(b) A civil proceeding subject to this article may be filed at a
19superior court within the county in which the claim arises, but the
20civil proceeding shall be transferred to the nearest superior court
21within the same appellate district that has established an
22environmental and land use division pursuant to this article.

end insert
begin delete

23(b)

end delete

24begin insert(c)end insert Both of the following shall be subject to this article:

25(1) A civil proceeding brought pursuant to the California
26Environmental Quality Act (Division 13 (commencing with Section
2721000) of the Public Resources Code).

28(2) A civil proceeding brought in any of the following subject
29areas:

30(A) Air quality.

31(B) Biological resources.

32(C) Climate change.

33(D) Hazards and hazardous materials.

34(E) Land use planning.

35(F) Water quality.

begin delete

36(c)

end delete

37begin insert(d)end insert The Judicial Council shall, by rule of court, identify those
38statutes within the subject areas identified in paragraph (2) of
39subdivisionbegin delete (b)end deletebegin insert (c)end insert that are within the jurisdiction of the
40environmental andbegin delete land-useend deletebegin insert land useend insert court division.

P4    1

69544.  

The Judicial Council shall, by rule of court, establish
2appropriate standards and protocols for the environmental and
3begin delete land-useend deletebegin insert land useend insert court division to accomplish the objectives of
4consistency, expediency, and expertise identified in Section 69540,
5including educational requirements and other qualifications for
6specialized judges assigned to the division.



O

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