BILL NUMBER: AB 499	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 18, 2009
	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  , and
to add Section 21073 to,  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  and  Research or the county clerk of each county
in which the project is located, as appropriate. CEQA provides 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
authorize the court to dismiss a petition or complaint if a
petitioner or plaintiff fails to serve the recipient of  an
 approval identified by the public agency within the 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. 
   The bill would also define "recipient of approval" for purposes of
CEQA. 
   (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 21073 is added to the 
 Public Resources Code   , to read:  
   21073.  "Recipient of approval" means the project applicant on the
date of final public agency action, as identified in the public
agency's record of proceedings. 
   SECTION 1.   SEC. 2.   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.   SEC. 3.   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.   SEC. 4.   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) (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.   SEC. 5.   Section 21167.6.5 of
the Public Resources Code as amended by this 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.   SEC. 6.   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.