AB 515, as amended, Dickinson. Environmental quality: California Environmental Quality Act: writ of mandate.
(1) The California Environmental Quality Act requires the court, ifbegin delete the courtend deletebegin insert itend insert finds that a public agency has violated the requirements of the act, to issue an order, in the form of a peremptory writ of mandate, specifying what actions by the public agency are necessary to comply with the requirements of the act.
This bill would require thebegin insert peremptoryend insert writbegin insert of mandateend insert to specify the time by which the public agency is to
make an initial return of thebegin insert peremptoryend insert writbegin insert of mandateend insert containing specified information. Because a public agency would be required to file an initial return ofbegin delete aend deletebegin insert the peremptoryend insert writbegin insert of mandateend insert, this bill would impose a state-mandated local program.begin insert
The bill would require the trial court, to the extent feasible, to issue a determination indicating whether the actions specified in the initial return and any subsequent return are adequate to comply with the peremptory writ of mandate within 30 days of the filing of the return.end insert
(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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 21168.9 of the Public Resources Code
2 is amended to read:
(a) If a court finds, as a result of a trial, hearing, or
4remand from an appellate court, that any determination, finding,
5or decision of a public agency has been made without compliance
6with this division, the court shall enter a judgment directing the
7issuance of a peremptory writ of mandatebegin delete specifyingend deletebegin insert identifying
8with specificityend insert what action by the public agency is necessary to
9comply with thisbegin delete division, includingend deletebegin insert
division. The peremptory writ
10of mandate may includeend insert one or more of thebegin delete following:end deletebegin insert following
11mandates:end insert
12(1) A mandate that the determination, finding, or decision be
13voided by the public agency, in whole or in part.
14(2) If the court finds that a specific project activity or activities
15will prejudice the consideration or implementation of particular
16mitigation measures or alternatives to the project, a mandate that
17the public agency and any real parties in interest suspend any or
18all specific project activity or activities, pursuant to the
19determination, finding, or decision, that
could result in an adverse
20change or alteration to the physical environment, until the public
21agency has taken any actions that may be necessary to bring the
22determination, finding, or decision into compliance with this
23division.
24(3) A mandate that the public agency take specific action as
25may be necessary to bring the determination, finding, or decision
26into compliance with this division.
27(b) (1) Abegin insert peremptoryend insert writbegin insert of mandateend insert issued pursuant to
28subdivision (a) shall include only those mandates that are necessary
P3 1to achieve compliance with this division and shall address only
2
those specific project activities in noncompliance with this division.
3(2) Thebegin insert peremptoryend insert writbegin insert of mandateend insert shall be limited to that
4portion of a determination, finding, or decision or the specific
5project activity or activities found to be in noncompliance only if
6a court finds all of the following:
7(A) The portion or specific project activity or activities are
8severable.
9(B) Severance will not prejudice complete and full compliance
10with this division.
11(C) The
court has not found the remainder of the project to be
12in noncompliance with this division.
13(3) Thebegin insert peremptoryend insert writbegin insert of mandateend insert shall include the time by
14which the public agency shallbegin delete makeend deletebegin insert
be required to prepare and
15fileend insert an initial return of the writ.
16(4) The trial court shall retain jurisdiction over the public
17agency’s proceedings by way of a return to the peremptory writ
18until the court has determined that the public agency has complied
19with this division.
20(c) An initial return of thebegin insert peremptoryend insert writbegin insert of mandateend insert shall
21describebegin delete allend deletebegin insert
bothend insert of the following:
22(1) The actions the public agency will take to come into
23compliance with thebegin insert peremptoryend insert writbegin insert of mandateend insert and this division.
24(2) begin deleteA end deletebegin insertAn estimated end insertschedule for these actions.
25(3) In the case of a negative declaration, mitigated negative
26declaration, or environmental impact report found not to be in
27compliance with this division, the public comment period
28applicable to the agency’s revision of the document.
29(d) To the extent feasible, within 30 days of the filing of the
30initial return of the peremptory writ of mandate, the trial court
31shall issue a determination indicating whether the actions specified
32in the initial return are adequate to comply with the peremptory
33writ of mandate.
34(e) The trial court shall retain jurisdiction over the public
35agency’s proceedings by way of a return of the peremptory writ
36of mandate until the court determines that the public agency has
37complied with this division. To the extent feasible, the trial court
38shall issue its determination on the return of the peremptory writ
39of mandate within 30 days of the filing of the return.
40(d)
end delete
P4 1begin insert(f)end insert This section does not authorize a court to direct a public
2agency to exercise its discretion in any particular way. Except as
3expressly provided in this section, this section is not intended to
4limit the equitable powers of the court.
5(e)
end delete
6begin insert(g)end insert This section does not affect the authority of a court to allow
7those determinations, findings, or decisions of a public agency that
8are not found to be in violation of this division to proceed, if
9allowing
the public agency to proceed does not, in any manner,
10prejudice complete and full compliance with this division.
If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.
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