California Legislature—2015–16 Regular Session

Assembly BillNo. 2578


Introduced by Assembly Member Bigelow

February 19, 2016


An act to amend Section 21168.9 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 2578, as introduced, Bigelow. California Environmental Quality Act: judicial relief.

The California Environmental Quality Act (CEQA) 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. CEQA 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. CEQA authorizes a court, in an action or proceeding brought challenging the decision of a public agency on the ground of noncompliance with CEQA, to enter an order that includes, among other things, a mandate that the determination, finding, or decision be void by the public agency, in whole or in part.

This bill would make technical, nonsubstantive changes to those provisions.

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

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

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SECTION 1.  

Section 21168.9 of the Public Resources Code
2 is amended to read:

3

21168.9.  

(a) If a court finds, as a result of a trial, hearing, or
4remand from an appellate court, that any determination, finding,
5or decision of a public agency has been made without compliance
6with this division, the court shall enter an order that includes one
7or more of the following:

8(1) A mandate that the determination, finding, or decision be
9voided by the public agency, in whole or in part.

10(2) If the court finds that a specific project activity or activities
11will prejudice the consideration or implementation of particular
12mitigation measures or alternatives to the project, a mandate that
13the public agency and any real parties in interest suspend any or
14all specific project activity or activities, pursuant to the
15determination, finding, or decision, that could result in an adverse
16change or alteration to the physical environment, until the public
17agency has taken any actions that may be necessary to bring the
18determination, finding, or decision into compliance with this
19division.

20(3) A mandate that the public agency take specific action as
21may be necessary to bring the determination, finding, or decision
22into compliance with this division.

23(b) begin deleteAny end deletebegin insertAn end insertorder pursuant to subdivision (a) shall include only
24those mandatesbegin delete whichend deletebegin insert thatend insert are necessary to achieve compliance
25with this division and only those specific project activities in
26noncompliance with this division. The order shall be made by the
27issuance of a peremptory writ of mandate specifying what action
28by the public agency is necessary to comply with this division.
29However, the order shall be limited to that portion of a
30determination, finding, or decision or the specific project activity
31or activities found to be in noncompliance only if a court finds
32that (1) the portion or specific project activity or activities are
33severable, (2) severance will not prejudice complete and full
34compliance with this division, and (3) the court has not found the
35remainder of the project to be in noncompliance with this division.
36The trial court shall retain jurisdiction over the public agency’s
37proceedings by way of a return to the peremptory writ until the
P3    1court has determined that the public agency has complied with this
2division.

3(c) begin deleteNothing in this end deletebegin insertThis end insertsectionbegin delete authorizesend deletebegin insert does not authorizeend insert a
4court to direct any public agency to exercise its discretion in any
5particular way. Except as expressly provided in this section,
6nothing in this section is intended to limit the equitable powers of
7the court.



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