California Legislature—2015–16 Regular Session

Assembly BillNo. 956


Introduced by Assembly Member Mathis

February 26, 2015


An act to amend Section 21177 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 956, as introduced, Mathis. California Environmental Quality Act: noncompliance allegations: standing.

The California Environmental Quality Act requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report 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. The act 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.

The act requires an action or proceeding alleging noncompliance with its requirements to be based on grounds that were presented to the public agency, orally or in writing, by any person and requires the person maintaining the action or proceeding to have objected to the approval of the project, orally or in writing, during the public comment period provided under the act or prior to the close of the public hearing on the project before the issuance of the notice of determination. For an organization formed after the approval of a project, the act provides, on and after January 1, 2016, that that organization may maintain an action or proceeding if a member of the organization objected to the approval of the project during one of the 2 specified time periods.

This bill would make nonsubstantive changes to that provision.

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

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

P2    1

SECTION 1.  

Section 21177 of the Public Resources Code, as
2added by Section 12 of Chapter 496 of the Statutes of 2010, is
3amended to read:

4

21177.  

(a) An action or proceeding shall not be brought
5pursuant to Section 21167 unless the alleged grounds for
6noncompliance with this division were presented to the public
7agency orally or in writing bybegin delete anyend deletebegin insert aend insert person during the public
8comment period provided by this division or prior to the close of
9the public hearing on the project before the issuance of the notice
10of determination.

11(b) A person shall not maintain an action or proceeding unless
12that person objected to the approval of the project orally or in
13writing during the public comment period provided by this division
14or prior to the close of the public hearing on the project before the
15filing of notice of determination pursuant to Sections 21108 and
1621152.

17(c) This section does not precludebegin delete anyend deletebegin insert anend insert organization formed
18after the approval of a project from maintaining an action pursuant
19to Section 21167 if a member of that organization has complied
20with subdivision (b).

21(d) This section does not apply to the Attorney General.

22(e) This section does not apply to any alleged grounds for
23noncompliance with this division for which there was no public
24hearing or other opportunity for members of the public to raise
25those objections orally or in writing prior to the approval of the
26project, or if the public agency failed to give the notice required
27by law.

28(f) This section shall become operative on January 1, 2016.



O

    99