Amended in Senate June 5, 2014

Amended in Senate March 17, 2014

Amended in Assembly January 6, 2014

Amended in Assembly March 11, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 515

Introduced by Assembly Member Dickinson

February 20, 2013

An act to amend Section 21168.9 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 515, as amended, Dickinson. Environmental quality: California Environmental Quality Act: writ of mandate.

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(1) The

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begin insert The end insert California Environmental Quality Act requires the court, if it 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 begin delete bill would require the end delete begin insert bill, for a end insert peremptory writ of mandate begin delete to specify the time by which the public agency is to make an initial return of the peremptory writ of mandate containing specified information. Because a public agency would be required to file an initial return of the peremptory writ of mandate, this bill would impose a state-mandated local program. end delete begin insert containing specified mandates, would expressly authorize the court to require the public agency to prepare and file an initial return of the writ. end 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.

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(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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 21168.9 of the Public Resources Code
is amended to read:

21168.9.  

(a) If a court finds, as a result of a trial, hearing, or
remand from an appellate court, that any determination, finding,
or decision of a public agency has been made without compliance
with this division, the court shall enter begin delete a judgment directing the
issuance of a peremptory writ of mandate identifyingwith
specificity what action by the public agency is necessary to comply
with this division. The peremptory writ of mandate may include end delete
begin insert an order that includes end insert one or more of the following mandates:

(1) A mandate that the determination, finding, or decision be
voided by the public agency, in whole or in part.

(2) If the court finds that a specific project activity or activities
will prejudice the consideration or implementation of particular
mitigation measures or alternatives to the project, a mandate that
the public agency and any real parties in interest suspend any or
all specific project activity or activities, pursuant to the
determination, finding, or decision, that could result in an adverse
change or alteration to the physical environment, until the public
agency has taken any actions that may be necessary to bring the
determination, finding, or decision into compliance with this
division.

(3) A mandate that the public agency take specific action as
may be necessary to bring the determination, finding, or decision
into compliance with this division.

(b) (1) A peremptory writ of mandate issued pursuant to
begin insert paragraph (2) or (3) end insert begin insert of end insert subdivision (a) shall begin delete include only end delete begin insert specify end insert
those mandates begin insert or actions end insert that are necessary to achieve compliance
with this division and shall address only those specific project
activities in noncompliance with this division.

(2) The peremptory writ of mandate shall be limited to that
portion of a determination, finding, or decision or the specific
project activity or activities found to be in noncompliance only if
a court finds all of the following:

(A) The portion or specific project activity or activities are
severable.

(B) Severance will not prejudice complete and full compliance
with this division.

(C) The court has not found the remainder of the project to be
in noncompliance with this division.

(3) The peremptory writ of mandate begin delete shall include the time by
which the end delete begin insert may require the end insert public agency begin delete shall be required end delete to
prepare and file an initial return of the writ.

(c)  begin delete An end delete begin insert If the court issues a peremptory writ of mandate pursuant
to paragraph (2) or (3) of subdivision (a), an end insert initial return of the
peremptory writ of mandate begin delete shall end delete begin insert may end insert describe both of the
following:

(1) The actions the public agency will take to come into
compliance with the peremptory writ of mandate and this division.

(2) An estimated schedule for these actions.

(d) To the extent feasible, within 30 days of the filing of the
initial return of the peremptory writ of mandate, the trial court
shall issue a determination indicating whether the actions specified
in the initial return are adequate to comply with the peremptory
writ of mandate.

(e) The trial court shall retain jurisdiction over the public
agency’s proceedings by way of a return of the peremptory writ
of mandate until the court determines that the public agency has
complied with this division. To the extent feasible, the trial court
shall issue its determination on the return of the peremptory writ
of mandate within 30 days of the filing of the return.

(f) This section does not authorize a court to direct a public
agency to exercise its discretion in any particular way. Except as
expressly provided in this section, this section is not intended to
limit the equitable powers of the court.

(g) This section does not affect the authority of a court to allow
those determinations, findings, or decisions of a public agency that
are not found to be in violation of this division to proceed, if
allowing the public agency to proceed does not, in any manner,
prejudice complete and full compliance with this division.

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SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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