BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1456|
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Consent
Bill No: SB 1456
Author: Simitian (D)
Amended: 03/23/10
Vote: 27 - Urgency
SENATE ENV. QUALITY COMMITTEE : 6-0, 4/5/10
AYES: Simitian, Runner, Corbett, Lowenthal, Pavley,
Strickland
NO VOTE RECORDED: Hancock
SUBJECT : Environmental quality: mediation
SOURCE : Author
DIGEST : This bill provides that a mediation proceeding
conducted pursuant to the California Environmental Quality
Act, is intended to be conducted concurrently with any
judicial proceedings.
ANALYSIS :
Existing law
1. Under the California Environmental Quality Act (CEQA):
A. Requires lead agencies with the principal
responsibility for carrying out or approving a
proposed discretionary project to prepare a negative
declaration, mitigated declaration, or environmental
impact report (EIR) for this action, unless the
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project is exempt from CEQA (CEQA includes various
statutory exemptions, as well as categorical
exemptions in the CEQA guidelines).
B. Requires challenges to CEQA determinations to be
commenced within specified periods (e.g., 30 days of
an agency's filing of a notice of determination, 35
days of an agency's filing of a notice of exemption)
(21167). No later than 20 days from the date of
service upon a public agency, the public agency must
file a notice with the court setting a time and place
for all parties to meet and attempt to settle the
litigation. The settlement meeting may be continued
from time to time without postponing or otherwise
delaying other applicable litigation time limits, and
the settlement meeting is intended to be conducted
concurrently with any judicial proceeding
2. Under the Mediation and Resolution of Land Use Disputes
Law:
A. Authorizes an action brought in superior court
relating to certain subjects (e.g., CEQA, general
plan and zoning, redevelopment plans) to be subject
to mediation in accordance with the Law. The court
may invite parties to consider resolving their
dispute by selecting a mutually acceptable person,
organization, or agency to serve as mediator, and
certain time limits are specified.
B. Requires all time limits with respect to an action
to be tolled while the mediator conducts the
mediation, and any action taken regarding mediation
must be taken in accordance with current law.
This bill clarifies, under CEQA, that mediation proceedings
under the Mediation and Resolution of Land Use Disputes Law
is intended to be conducted concurrently with any judicial
proceeding.
Comments
According to the Senate Environmental Quality Committee
analysis, CEQA requires a settlement meeting after an
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action or proceeding alleging that a public agency has not
complied with certain matters relating to CEQA. The
Mediation and Resolution of Land Use Disputes Law
authorizes an action brought in superior court relating to
certain matters, including CEQA, to be subject to mediation
in accordance with the Law.
While CEQA provides that a settlement meeting is intended
to be conducted concurrently with any judicial proceedings,
the Mediation and Resolution of Land Use Disputes Law
provides that time limits with respect to an action are to
be tolled while the mediator conducts the mediation.
The purpose of this bill is to clarify under CEQA that a
mediation proceeding in accordance with the Mediation and
Resolution of Land Use Disputes Law, like a CEQA settlement
meeting, is intended to be conducted concurrently with any
judicial proceeding. This clarification is helpful because
CEQA requires all courts in which an action or proceeding
under CEQA is pending to give that action or proceeding
preference over all other civil actions, in the matter of
setting the action or proceeding for hearing or trial, and
in hearing or trying the action or proceeding, so that the
action or proceeding is quickly heard and determined.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
TM:do 4/7/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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