SB 1451,
as amended, Hill. Environmental quality:begin delete mitigation measures.end deletebegin insert judicial review: standing.end insert
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve 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 also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
end insertbegin insertCEQA also requires, in an action or proceeding alleging noncompliance with its requirements, that the grounds for noncompliance shall have been presented by any person to the public agency during the public comment period or prior to the close of the public hearing on the project before the filing of the notice of determination. CEQA requires a person bringing an action or proceeding alleging noncompliance with its requirements to have objected to the project during the public comment period or prior to the close of the public hearing on the project before the filing of the notice of determination.
end insertbegin insertThis bill would require that the alleged grounds for noncompliance shall have been presented to a public agency prior to the close of the public hearing on the project if the grounds for noncompliance were not known and could not have been known with the exercise of reasonable diligence during the public comment period or if no public comment period was provided by CEQA. The bill would limit the standing of a person objecting to the project prior to the close of the public hearing on the project before the filing of notice of determination to an action or proceeding challenging a project for which no public comment period was provided by CEQA.
end insertbegin insert(2) CEQA, until January 1, 2016, precludes an organization formed after the approval of a project from maintaining an action unless a member of the organization has objected to the approval of the project orally or in writing and presented the grounds of noncompliance to the public agency. Existing law, on and after January 1, 2016, precludes an organization formed after the approval of a project from maintaining an action unless a member of the organization has objected to the approval of the project orally or in writing.
end insertbegin insertThis bill would extend the preclusion in effect until January 1, 2016, indefinitely.
end insertThe California Environmental Quality Act declares it to be the policy of the state that a public agency should not approve a project if there are feasible alternatives or feasible mitigation measures available that would substantially lessen the significant environmental effects of the project.
end deleteThis bill would require the Secretary of the Natural Resources Agency, on or before January 1, 2016, and on or before January 1 of each year thereafter, to submit to the Legislature a report on the types and effectiveness of a representative sample of mitigation measures adopted by state and local agencies.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 21177 of the end insertbegin insertPublic Resources Codeend insertbegin insert, as
2amended by Section 11 of Chapter 496 of the Statutes of 2010, is
3amended to read:end insert
(a) begin insert(1)end insertbegin insert end insertAn action or proceeding shall not be brought
5pursuant to Section 21167 unlessbegin insert (A)end insert the alleged grounds for
6noncompliance with this division were presented to the public
7agency orally or in writing by any person during the public
8comment period provided by this division orbegin insert (B) if the alleged
9grounds for noncompliance were not known and could not have
10been known with the exercise of reasonable diligence during the
11public comment period or if no public comment period was
12provided by this division, the
alleged grounds for noncompliance
13were presented to the public agency orally or in writing by any
14personend insert prior to the close of the public hearing on the project before
15the issuance of the notice of determination.
16(2) Paragraph (1) does not apply to an action or proceeding
17challenging a project for which a public comment period has
18expired but the project approval has not been granted on or before
19January 1, 2015. Former subdivision (a) of this section in effect
20on December 31, 2014, shall apply to that action or proceeding.
21(b) A person shall not maintain an action or proceeding unless
22begin insert (1)end insert that person objected to the approval of the project
orally or in
23writing during the public comment period provided by this division
24orbegin insert (2) if no public comment period was provided by this division,
25that person objected to the approval of the project orally or in
26writingend insert prior to the close of the public hearing on the project before
27the filing of the notice ofbegin delete determination pursuant
to Sections 21108
28and 21152.end delete
29(c) This section does not preclude any organization formed after
30the approval of a project from maintaining an action pursuant to
31Section 21167 if a member of that organization has complied with
32subdivisions (a) and (b). The grounds for noncompliance may have
33been presented directly by a member or by a member agreeing
34with or supporting the comments of another person.
35(d) This section does not apply to the Attorney General.
36(e) This section does not apply to any alleged grounds for
37noncompliance with this division for which there was no public
38hearing or other opportunity for members of the public to raise
P4 1those objections orally or in writing prior to the
approval of the
2project, or if the public agency failed to give the notice required
3by law.
4(f) This section shall remain in effect only until January 1, 2016,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2016, deletes or extends that date.
begin insertSection 21177 of the end insertbegin insertPublic Resources Codeend insertbegin insert, as added
8by Section 12 of Chapter 496 of the Statutes of 2010, is repealed.end insert
(a) An action or proceeding shall not be brought
10pursuant to Section 21167 unless the alleged grounds for
11noncompliance with this division were presented to the public
12agency orally or in writing by any person during the public
13comment period provided by this division or prior to the close of
14the public hearing on the project before the issuance of the notice
15of determination.
16(b) A person shall not maintain an action or proceeding unless
17that person objected to the approval of the project orally or in
18writing during the public comment period provided by this division
19or prior to the close of the public hearing on the project before the
20filing of notice of determination pursuant to Sections 21108 and
21
21152.
22(c) This section does not preclude any organization formed after
23the approval of a project from maintaining an action pursuant to
24Section 21167 if a member of that organization has complied with
25subdivision (b).
26(d) This section does not apply to the Attorney General.
27(e) This section does not apply to any alleged grounds for
28noncompliance with this division for which there was no public
29hearing or other opportunity for members of the public to raise
30those objections orally or in writing prior to the approval of the
31project, or if the public agency failed to give the notice required
32by law.
33(f) This section shall become operative on January 1, 2016.
Section 21081.8 is added to the Public Resources
35Code, to read:
(a) On or before January 1, 2016, and on or before
37January 1 of each year thereafter, the Secretary of the Natural
38Resources Agency shall submit to the Legislature a report on the
39types and effectiveness of a representative sample of mitigation
40measures adopted by state and local agencies. The secretary may
P5 1consider information from mitigation reporting and monitoring
2programs adopted pursuant to Section 21081.6.
3(b) A report submitted pursuant to subdivision (a) shall be
4submitted in compliance with Section 9795 of the Government
5Code.
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