BILL NUMBER: AB 2578	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bigelow

                        FEBRUARY 19, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2578, as introduced, Bigelow. California Environmental Quality
Act: judicial relief.
   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. CEQA authorizes a court, in an
action or proceeding brought challenging the decision of a public
agency on the ground of noncompliance with CEQA, to enter an order
that includes, among other things, a mandate that the determination,
finding, or decision be void by the public agency, in whole or in
part.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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 an order that includes one or
more of the following:
   (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)  Any   An  order pursuant to
subdivision (a) shall include only those mandates  which
  that  are necessary to achieve compliance with
this division and only those specific project activities in
noncompliance with this division. The order shall be made by the
issuance of a peremptory writ of mandate specifying what action by
the public agency is necessary to comply with this division. However,
the order 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 that (1) the
portion or specific project activity or activities are severable, (2)
severance will not prejudice complete and full compliance with this
division, and (3) the court has not found the remainder of the
project to be in noncompliance with this division. The trial court
shall retain jurisdiction over the public agency's proceedings by way
of a return to the peremptory writ until the court has determined
that the public agency has complied with this division.
   (c)  Nothing in this   This  section
 authorizes   does not authorize  a court
to direct any public agency to exercise its discretion in any
particular way. Except as expressly provided in this section, nothing
in this section is intended to limit the equitable powers of the
court.