BILL NUMBER: SB 1456 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Simitian
FEBRUARY 19, 2010
An act to add Section 21081.8 to the Public Resources
Code, relating An act to amend Section 21167.8 of the
Public Resources Code, relating to environmental quality, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1456, as amended, Simitian. Environmental quality:
mitigation measures. mediation.
(1) The California Environmental Quality Act declares it to be the
policy of the state that a public agency should not approve a
project that may have a significant effect on the environment if
there are feasible alternatives or feasible mitigation measures
available that would substantially lessen the significant
environmental effects of the project.
This bill would require the Secretary of the Natural Resources
Agency, on or before July 1, 2011, and annually thereafter, to report
on the types and effectiveness of a representative sample of
mitigation measures adopted by state and local agencies.
(1) The California Environmental Quality Act (CEQA) imposes
requirements for an attempted settlement upon a public agency that
has been served a petition or complaint for specified violations of
CEQA. CEQA provides that the settlement meeting is intended to be
conducted concurrently with any judicial proceedings.
Existing law also provides that an action brought in the superior
court relating to certain subjects, including an act or decision of a
public agency made pursuant to CEQA, may be subject to a mediation
proceeding.
This bill would provide that mediation proceeding also is intended
to be conducted concurrently with any judicial proceedings.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21081.8 is added to the
Public Resources Code, to read:
21081.8. On or before July 1, 2011, and on or before July 1 of
each year thereafter, the Secretary of the Natural Resources Agency
shall report on the types and effectiveness of a representative
sample of mitigation measures adopted by state and local agencies.
The secretary may consider information from mitigation reporting and
monitoring programs adopted pursuant to Section 21081.6.
SECTION 1. 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 a 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
that 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 , or a
mediation proceeding that is conducted pursuant to Chapter 9.3
(commencing with Section 66030) of Division 1 of Title 7 of the
Government Code, 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 a
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 a 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 that the petitioner or plaintiff intends
to raise in any a brief or at
any a 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 a brief or at
any a hearing or trial.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect the environment and public health at the
earliest possible time, it is necessary for this act to take effect
immediately.