AB 499 Assembly Bill

BILL NUMBER: AB 499	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 21, 2009

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 amended, Hill. Environment:  California
Environmental Quality Act:  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
  a  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.  CEQA requires the party
challenging the determination to name, as a real party of interest, a
recipient of an approval that is the subject of the challenge and to
service the petition or complaint on that real party of interest not
later than 20 business days following the service of the petition or
complaint on the public agency. 
   This bill would  instead  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   author   ize the court to
dismiss  a petition or complaint  be subject to
dismissal  if a petitioner or plaintiff fails to serve
 any   the  recipient of an approval 
identified by the public agency  within the  statute of
limitations   above service  period.  The bill
would require the court to issue an order providing additional time
for, and   specifying the manner of, service if the
petitioner or plaintiff demonstrates to the court's satisfaction that
he or she has made a good faith effort to service the identified
recipient of the approval within the above service 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. 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, 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,
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) (1) If the petitioner or plaintiff fails to serve a recipient
of an approval as identified in the public agency's notice of
determination or notice of exemption within the service period
specified in subdivision (a), the court may dismiss the petition or
complaint.  
   (2) Notwithstanding paragraph (1), if the petitioner or plaintiff
demonstrates to the court's satisfaction that he or she has made a
good faith effort to effect service to the recipient of the approval
pursuant to subdivision (a), the court shall issue an order providing
additional time for, and specifying the manner of, service of the
recipient of the approval. 
   (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.
   (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 (c).
   (e) Failure to name potential 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.
   (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   act  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.