as amended, Gordon.
begin deleteNatural resources: protection. end delete
Existing law declares that resource conservation is of fundamental importance to the prosperity and welfare of the people of this state.end delete
This bill would declare the intent of the Legislature to enact legislation that would protect the state’s land and water resources.end delete
begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) Within 30 days after service of a copy of an order
4issued by the
begin delete department, anyend delete aggrieved party may
5file with the superior court a petition for a writ of mandate for
begin delete thereof. Failure to file an action shall not preclude a party of
7from challenging the reasonableness and validityend delete
begin delete a decision or the
8order ofend delete
begin delete department in any judicial proceedings brought to
9enforce the decision or order or for any civil or criminal remedy
10authorized by this chapter.end delete
begin deleteThe evidence before the court shall consist of all relevant In every
12evidence that, in the judgment of the court, should be considered
13to effectuate and implement the provisions of this chapter.end delete
14case, the court shall exercise its independent judgment on the
16(c) Except as otherwise provided in this section, subdivisions
17(e) and (f) of Section 1094.5 of the Code of Civil Procedure shall
18govern proceedings pursuant to this section.
(a) In the case of a review by the state board under
begin delete 13320,end delete the state board, upon
2notice and hearing, if a hearing is requested, may stay in whole or
3in part the effect of the decision
begin delete andend delete order of a regional board
4or of the state board.
12 If a petition is filed with the superior court
begin delete to review a any stay in effect
13decision of the state board,end delete
14at the time of the filing the petition shall remain in effect by
15operation of law for a period of 20 days from the date of the filing
16of that petition.
17(c) If the superior court grants a stay pursuant to a petition for
18review of a decision of the state board denying a request for a stay
19with respect to waste discharge requirements, the stay may be
20made effective as of the effective date of the waste discharge
(a) Not later than 30 days from the date of service of
24a copy of a decision or order issued by the state board under this
25division, other than a decision or order issued pursuant to Article
267 (commencing with Section 13550) of Chapter 7, any aggrieved
27party may file with the superior court a petition for writ of mandate
begin delete thereof.end delete An aggrieved party
29must file a petition for reconsideration with the state board to
30exhaust that party’s administrative remedies only if the initial
31decision or order is issued under authority delegated to an officer
32or employee of the state board and the state board by regulation
33has authorized a petition for reconsideration.
34(b) A party aggrieved by a final decision or order of a regional
35board subject to review under Section 13320 may obtain review
36of the decision or order of the regional board in the superior court
37by filing in the court a petition for writ of mandate not later than
3830 days from the date on which the state board denies review.
39(c) The time for filing an action or proceeding subject to Section
4021167 of the Public Resources Code for a person who seeks review
P5 1of the regional board’s decision or order under Section 13320, or
2who seeks reconsideration under a state board regulation
3authorizing a petition for reconsideration, shall commence upon
4the state board’s completion of that review or reconsideration.
5(d) If no aggrieved party petitions for writ of mandate
6the time provided by this section, a decision or order of the state
7board or a regional board shall not be subject to review by any
9(e) Except as
begin delete otherwiseend delete provided begin delete herein,end delete Section
101094.5 of the Code of Civil Procedure shall govern proceedings
11for which petitions are filed pursuant to this section. For the
12purposes of subdivision (c) of Section 1094.5 of the Code of Civil
13Procedure, the court shall exercise its independent judgment on
14the evidence in any case involving the judicial review of a decision
15or order of the state board issued under Section 13320, or a decision
16or order of a regional board for which the state board denies review
17under Section 13320, other than a decision or order issued under
32 A party aggrieved by a decision or order
issued by the state
33board under Article 7 (commencing with Section 13550) of Chapter
347 may petition for reconsideration or judicial review in accordance
35with Chapter 4 (commencing with Section 1120) of Part 1 of
38 For purposes of this section, a decision or order includes a
39final action in an adjudicative proceeding and an action subject to
40Section 11352 of the Government Code, but does not include an
P6 1action subject to Section 11353 of the Government Code or the
2adoption, amendment, or repeal of a regulation under Chapter 3.5
3(commencing with Section 11340) of Part 1 of Division 3 of Title
42 of the Government Code.
(a) Every civil action brought under the provisions of
7this division at the request of a regional board or the state board
8shall be brought by the Attorney General in the name of the people
9of the State of California and any
begin delete suchend delete actions relating to
10the same discharge may be joined or consolidated.
11(b) Any civil action brought pursuant to this division shall be
12brought in a county in which the discharge is made, or proposed
13to be made. However, any action by or against a city, city and
14county, county, or other public agency shall, upon motion of either
15party, be transferred to a county or city and county not a party to
16the action or to a county or city and county other than that in which
17the city or public agency is located.
18(c) In any civil action brought pursuant to this division in which
19a temporary restraining
20order, preliminary injunction, or permanent
begin delete injunction is sought,end delete
21 it shall not be necessary to allege or prove at any stage
22of the proceeding that irreparable damage will occur should the
23temporary restraining order, preliminary injunction, or permanent
24injunction not be issued, or that the remedy at law is inadequate,
25and the temporary restraining order, preliminary injunction, or
26permanent injunction shall issue without
begin delete suchend delete allegations
begin delete without suchend delete proof.
It is the intent of the Legislature to enact
29legislation that would protect the state’s land and water resources.