SB 123, as amended, Corbett. Environmental and land use court.
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 billbegin delete wouldend deletebegin insert would, commencing July 1, 2014,end insert require the Judicial Council to direct the creation of an environmental and land use division within 2 or more superior courts within each of the appellate districts of the state 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 and land use court division. The bill would require the Judicial Council, by rule of court, to establish appropriate standards and protocols for the environmental and land use 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:
Article 2 (commencing with Section 69540) is
2added to Chapter 5 of Title 8 of the Government Code, to read:
3
(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 and land use court cases should
22be decided by specialized judges trained in environmental and land
23use law, and whose decisions would be documented and published.
24(4) It is important to continue California’s commitment to
25ensuring an unbiased judicial selection process.
26(5) The creation of an environmental and land use court can
27maximize both judicial competence and the speed of
28decisionmaking, allowing litigants to have their cases heard and
29an effective remedy
delivered quickly.
30(b) Accordingly, it is the intent of the Legislature to establish
31an environmental and land use division withinbegin delete each superior courtend delete
32begin insert the superior courts selected by the Judicial Councilend insert to expedite
P3 1civil proceedings within the jurisdiction of the division, with more
2consistent rulings and better outcomes for all parties of interest.
(a) The Judicial Council shall direct the creation of an
4environmental and land use division within two or more superior
5courts within each of the appellate districts of the state to process
6all civil proceedings subject to this article.
7(b) A civil proceeding subject to this article may be filed at a
8superior court within the county in which the claim arises, but the
9civil proceeding shall be transferred to the nearest superior court
10within the same appellate district that has established an
11environmental and land use division pursuant to this article.
12(c) Both of the following shall be subject to this article:
13(1) A civil proceeding brought pursuant to the California
14Environmental Quality Act (Division 13 (commencing with Section
1521000) of the Public Resources Code).
16(2) A civil proceeding brought in any of the following subject
17areas:
18(A) Air quality.
19(B) Biological resources.
20(C) Climate change.
21(D) Hazards and hazardous materials.
22(E) Land use planning.
23(F) Water quality.
24(d) The Judicial Council shall, by rule of court, identify those
25statutes within the subject areas identified in paragraph (2) of
26subdivision (c) that are within the jurisdiction of the environmental
27and land use court division.
The Judicial Council shall, by rule of court, establish
29appropriate standards and protocols for the environmental and land
30use court division to accomplish the objectives of consistency,
31expediency, and expertise identified in Section 69540, including
32educational requirements and other qualifications for specialized
33judges assigned to the division.
This article shall become operative on July 1, 2014.
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