BILL NUMBER: AB 1860 CHAPTERED
BILL TEXT
CHAPTER 801
FILED WITH SECRETARY OF STATE OCTOBER 13, 1995
APPROVED BY GOVERNOR OCTOBER 12, 1995
PASSED THE SENATE SEPTEMBER 15, 1995
PASSED THE ASSEMBLY SEPTEMBER 15, 1995
AMENDED IN SENATE AUGUST 31, 1995
AMENDED IN ASSEMBLY JUNE 1, 1995
AMENDED IN ASSEMBLY APRIL 25, 1995
INTRODUCED BY Assembly Members Allen and Sher
FEBRUARY 24, 1995
An act to amend Sections 21167 and 21167.8 of the Public Resources
Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1860, Allen. Environmental quality: actions and proceedings.
(1) Existing law, the California Environmental Quality Act,
provides that, if a person has made a written request to a public
agency for a copy of a specified notice, the time periods for the
commencement of an action or proceeding on the grounds of
noncompliance with the act by the public agency shall commence from
the date of the mailing of that notice, thereby imposing a
state-mandated local program. The bill would provide that the date
of mailing would not affect those time periods.
This bill would repeal that provision.
The bill would require the public agency to mail a copy of certain
notices to a person who requests it within a specified time.
(2) The act requires each party to litigation to file and serve on
all other parties a statement of issues to be raised in a brief or
at a hearing or trial.
This bill would require the petitioner or plaintiff to file and
serve that statement, and would require a specified response by the
respondent or real party in interest.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21167 of the Public Resources Code is amended
to read:
21167. Any action or proceeding to attack, review, set aside,
void, or annul the following acts or decisions of a public agency on
the grounds of noncompliance with this division shall be commenced as
follows:
(a) An action or proceeding alleging that a public agency is
carrying out or has approved a project which may have a significant
effect on the environment without having determined whether the
project may have a significant effect on the environment shall be
commenced within 180 days from the date of the public agency's
decision to carry out or approve the project, or, if a project is
undertaken without a formal decision by the public agency, within 180
days from the date of commencement of the project.
(b) Any action or proceeding alleging that a public agency has
improperly determined whether a project may have a significant effect
on the environment shall be commenced within 30 days from the date
of the filing of the notice required by subdivision (a) of Section
21108 or subdivision (a) of Section 21152.
(c) Any action or proceeding alleging that an environmental impact
report does not comply with this division shall be commenced within
30 days from the date of the filing of the notice required by
subdivision (a) of Section 21108 or subdivision (a) of Section 21152
by the lead agency.
(d) Any action or proceeding alleging that a public agency has
improperly determined that a project is not subject to this division
pursuant to subdivision (b) of Section 21080 or pursuant to Section
21085 or 21172 shall be commenced within 35 days from the date of the
filing by the public agency, or person specified in subdivision (b)
or (c) of Section 21065, of the notice authorized by subdivision (b)
of Section 21108 or subdivision (b) of Section 21152. If the notice
has not been filed, the action or proceeding shall be commenced
within 180 days from the date of the public agency's decision to
carry out or approve the project, or, if a project is undertaken
without a formal decision by the public agency, within 180 days from
the date of commencement of the project.
(e) Any action or proceeding alleging that any other act or
omission of a public agency does not comply with this division shall
be commenced within 30 days from the date of the filing of the notice
required by subdivision (a) of Section 21108 or subdivision (a) of
Section 21152.
(f) If a person has made a written request to the public agency
for a copy of the notice specified in Section 21108 or 21152 prior to
the date on which the agency approves or determines to carry out the
project, then not later than five days from the date of the agency's
action, the public agency shall deposit a written copy of the notice
addressed to that person in the United States mail, first-class
postage prepaid. The date upon which this notice is mailed shall not
affect the time periods specified in subdivisions (b), (c), (d), and
(e).
SEC. 2. Section 21167.8 of the Public Resources Code is amended to
read:
21167.8. (a) Not later than 20 days from the date of service upon
a public agency of a petition or complaint brought pursuant to
Section 21167, the public agency shall file with the court a notice
setting forth the time and place at which all parties shall meet and
attempt to settle the litigation. The meeting shall be scheduled and
held not later than 45 days from the date of service of the petition
or complaint upon the public agency. The notice of the settlement
meeting shall be served by mail upon the counsel for each party. If
the public agency does not know the identity of counsel for any
party, the notice shall be served by mail upon the party for whom
counsel is not known.
(b) At the time and place specified in the notice filed with the
court, the parties shall meet and confer regarding anticipated issues
to be raised in the litigation and shall attempt in good faith to
settle the litigation and the dispute which forms the basis of the
litigation. The settlement meeting discussions shall be
comprehensive in nature and shall focus on the legal issues raised by
the parties concerning the project that is the subject of the
litigation.
(c) The settlement meeting may be continued from time to time
without postponing or otherwise delaying other applicable time limits
in the litigation. The settlement meeting is intended to be
conducted concurrently with any judicial proceedings.
(d) If the litigation is not settled, the court, in its
discretion, may, or at the request of any party, shall, schedule a
further settlement conference before a judge of the superior court.
If the petition or complaint is later heard on its merits, the judge
hearing the matter shall not be the same judge conducting the
settlement conference, except in counties that have only one judge of
the superior court.
(e) The failure of any party, who was notified pursuant to
subdivision (a), to participate in the litigation settlement process,
without good cause, may result in an imposition of sanctions by the
court.
(f) Not later than 30 days from the date that notice of
certification of the record of proceedings was filed and served in
accordance with Section 21167.6, the petitioner or plaintiff shall
file and serve on all other parties a statement of issues which the
petitioner or plaintiff intends to raise in any brief or at any
hearing or trial. Not later than 10 days from the date on which the
respondent or real party in interest has been served with the
statement of issues from the petitioner or plaintiff, each respondent
and real party in interest shall file and serve on all other parties
a statement of issues which that party intends to raise in any brief
or at any hearing or trial.