BILL NUMBER: AB 499 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hill
FEBRUARY 24, 2009
An act to amend Sections 21108, 21152, and 21167.6.5 of the Public
Resources Code, relating to the environment.
LEGISLATIVE COUNSEL'S DIGEST
AB 499, as introduced, Hill. Environment: determination: dispute.
(1) The California Environmental Quality Act (CEQA) requires a
lead agency, which includes a local agency, to prepare, or cause to
be prepared by contract, and certify the completion of, an
environmental impact report on a project, as defined, 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 requires a lead agency to file a notice of approval or a notice
of determination containing specified information with the Office of
Planning Research or the county clerk of each county in which the
project is located, as appropriate. CEQA provides the procedure by
which a party may attack, review, set aside, void, or annul the
determination, finding, or decision of a public agency on specified
grounds.
This bill would require that a petitioner or plaintiff name, as a
real party in interest, a recipient of an approval, as identified by
the public agency in its notice of determination or notice of
exemption, that is the subject of an action or proceeding challenging
the determination, finding, or decision of a public agency pursuant
to CEQA. The bill would require that a petition or complaint be
subject to dismissal if a petitioner or plaintiff fails to serve any
recipient of an approval within the statute of limitations period.
The bill would provide that the above requirement would not apply
to a proceeding for judicial review filed pursuant to CEQA that is
pending on or before December 31, 2009, or to actions or proceedings
challenging an act or decision of a public agency for which a notice
of decision or notice of exemption was filed on or before December
31, 2009.
The bill would require a notice of approval or notice of
determination to contain the name of the recipient of the agency's
approval, if any. Because a lead agency would be required to include
additional information in the notice of approval or notice of
determination, this bill would impose a state-mandated local program.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21108 of the Public Resources Code is amended
to read:
21108. (a) Whenever a state agency approves or determines to
carry out a project that is subject to this division, the state
agency shall file notice of that approval or that determination with
the Office of Planning and Research. The notice shall name the
recipient of the agency's approval, if any, and indicate the
determination of the state agency whether the project will, or will
not, have a significant effect on the environment and shall indicate
whether an environmental impact report has been prepared pursuant to
this division.
(b) Whenever a state agency determines that a project is not
subject to this division pursuant to subdivision (b) of Section 21080
or Section 21172, and the state agency approves or determines to
carry out the project, the state agency or the person specified in
subdivision (b) or (c) of Section 21065 may file notice of the
determination with the Office of Planning and Research. Any
A notice filed pursuant to this subdivision shall name
the recipient of the agency's approval, if any. A notice filed
pursuant to this subdivision by a person specified in subdivision
(b) or (c) of Section 21065 shall have a certificate of determination
attached to it issued by the state agency responsible for making the
determination that the project is not subject to this division
pursuant to subdivision (b) of Section 21080 or pursuant to Section
21172. The certificate of determination may be in the form of a
certified copy of an existing document or record of the state agency.
(c) All notices filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research. Each list
shall remain posted for a period of 30 days. The Office of Planning
and Research shall retain each notice for not less than 12 months.
SEC. 2. Section 21152 of the Public Resources Code is amended to
read:
21152. (a) Whenever a local agency approves or determines to
carry out a project that is subject to this division, the local
agency shall file notice of the approval or the determination within
five working days after the approval or determination becomes final,
with the county clerk of each county in which the project will be
located. The notice shall name the recipient of the agency's
approval, if any, and indicate the determination of the local
agency whether the project will, or will not, have a significant
effect on the environment and shall indicate whether an environmental
impact report has been prepared pursuant to this division. The
notice shall also include certification that the final environmental
impact report, if one was prepared, together with comments and
responses, is available to the general public.
(b) Whenever a local agency determines that a project is not
subject to this division pursuant to subdivision (b) of Section 21080
or pursuant to Section 21172, and the local agency approves or
determines to carry out the project, the local agency or the person
specified in subdivision (b) or (c) of Section 21065 may file a
notice of the determination with the county clerk of each county in
which the project will be located. A notice filed pursuant to
this subdivision shall name the recipient of the agency's approval,
if any. A notice filed pursuant to this subdivision by a person
specified in subdivision (b) or (c) of Section 21065 shall have a
certificate of determination attached to it issued by the local
agency responsible for making the determination that the project is
not subject to this division pursuant to subdivision (b) of Section
21080 or Section 21172. The certificate of determination may be in
the form of a certified copy of an existing document or record of the
local agency.
(c) All notices filed pursuant to this section shall be available
for public inspection, and shall be posted within 24 hours of receipt
in the office of the county clerk. A notice shall remain posted for
a period of 30 days. Thereafter, the clerk shall return the notice to
the local agency with a notation of the period it was posted. The
local agency shall retain the notice for not less than 12 months.
SEC. 3. Section 21167.6.5 of the Public Resources Code is amended
to read:
21167.6.5. (a) The petitioner or plaintiff shall name, as a real
party in interest, any recipient of an approval
approval, as identified by the public agency in its notice of
determination or notice of exemption, that is the subject of an
action or proceeding brought pursuant to Section 21167, 21168, or
21168.5, and shall serve the petition or complaint on that real party
in interest, by personal service, mail mail,
facsimile, or any other method permitted by law, not later
than 20 business days following service of the petition or complaint
on the public agency.
(b) If the petitioner or plaintiff fails to serve any recipient of
an approval, identified in the public agency's notice of
determination or notice of exemption, within the limitations period
specified in subdivision (a), the petition or complaint shall be
subject to dismissal on the motion of any party interested in the
proceeding.
(b)
(c) The public agency shall provide the
petitioner or plaintiff, not later than 10 business days following
service of the petition or complaint on the public agency, with a
list of responsible agencies and any public agency having
jurisdiction over a natural resource affected by the project.
(c)
(d) The petitioner or plaintiff shall
provide the responsible agencies, and any public agency having
jurisdiction over a natural resource affected by the project, with
notice of the action or proceeding within 15 days of receipt of the
list described in subdivision (b) (c) .
(d)
(e) Failure to name potential
parties, persons, other than those real parties
in interest described in subdivision (a), as identified by the
public agency in its notice of determination or notice of exemption,
is not grounds for dismissal pursuant to Section 389 of the
Code of Civil Procedure.
(e) Nothing in this
(f) This section is not
intended to affect an existing right of a party to intervene in
the action.
SEC. 4. Section 21167.6.5 of the Public Resources Code as amended
by this measure does not apply to a proceeding for judicial review
filed pursuant to Chapter 6 (commencing with Section 21165) of
Division 13 of the Public Resources Code that is pending on or before
December 31, 2009, or to an action or proceeding that seeks to
attack, review, void, or set aside an act or decision of a public
agency for which a notice of determination or notice of exemption was
filed on or before December 31, 2009, and the applicable law in
effect on that date shall continue to apply to that proceeding.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.