Bill Text: CA SB1451 | 2013-2014 | Regular Session | Amended

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Bill Title: Environmental quality: judicial review: standing.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-05-06 - Set, first hearing. Hearing canceled at the request of author. [SB1451 Detail]

Download: California-2013-SB1451-Amended.html

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BILL NUMBER: SB 1451	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY    Senator   Hill 
 Senators   Hill   and Roth 
    (   Principal   coauthors:  
Senators   Correa   and Galgiani   ) 

    (   Principal coauthor:   Assembly Member
  Mullin   ) 
    (   Coauthors:   Senators   Hueso
  and Steinberg   )

                        FEBRUARY 21, 2014

   An act to  add Section 21081.8 to   amend and
repeal Section 21177 of  the Public Resources Code, relating to
environmental quality.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1451, as amended, Hill. Environmental quality: 
mitigation measures.   judicial review: standing. 

   (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. 

    CEQA 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.  
   This 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.  
   (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.  
   This bill would extend the preclusion in effect until January 1,
2016, indefinitely.  
   The 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.  
   This 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 21177 of the   Public
Resources Code   , as amended by Section 11 of Chapter 496
of the Statutes of 2010, is amended to read: 
   21177.  (a)  (1)    An action or proceeding
shall not be brought pursuant to Section 21167 unless  (A) 
the alleged grounds for noncompliance with this division were
presented to the public agency orally or in writing by any person
during the public comment period provided by this division or 
(B) if the alleged 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 this division, the   alleged grounds for
noncompliance were presented to the public agency orally or in
writing by any person  prior to the close of the public hearing
on the project before the issuance of the notice of determination.

   (2) Paragraph (1) does not apply to an action or proceeding
challenging a project for which a public comment period has expired
but the project approval has not been granted on or before January 1,
2015. Former subdivision (a) of this section in effect on December
31, 2014, shall apply to that action or proceeding. 
   (b) A person shall not maintain an action or proceeding unless
 (1)  that person objected to the approval of the project
orally or in writing during the public comment period provided by
this division or  (2) if no public comment period was provided by
this division, that person objected to the approval of the project
orally or in writing  prior to the close of the public hearing
on the project before the filing of the notice of 
determination pursuant to Sections 21108 and 21152.  
determination. 
   (c) This section does not preclude any organization formed after
the approval of a project from maintaining an action pursuant to
Section 21167 if a member of that organization has complied with
subdivisions (a) and (b). The grounds for noncompliance may have been
presented directly by a member or by a member agreeing with or
supporting the comments of another person.
   (d) This section does not apply to the Attorney General.
   (e) This section does not apply to any alleged grounds for
noncompliance with this division for which there was no public
hearing or other opportunity for members of the public to raise those
objections orally or in writing prior to the approval of the
project, or if the public agency failed to give the notice required
by law. 
   (f) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date. 
   SEC. 2.    Section 21177 of the   Public
Resources Code   , as added by Section 12 of Chapter 496 of
the Statutes of 2010, is repealed.  
   21177.  (a) An action or proceeding shall not be brought pursuant
to Section 21167 unless the alleged grounds for noncompliance with
this division were presented to the public agency orally or in
writing by any person during the public comment period provided by
this division or prior to the close of the public hearing on the
project before the issuance of the notice of determination.
   (b) A person shall not maintain an action or proceeding unless
that person objected to the approval of the project orally or in
writing during the public comment period provided by this division or
prior to the close of the public hearing on the project before the
filing of notice of determination pursuant to Sections 21108 and
21152.
   (c) This section does not preclude any organization formed after
the approval of a project from maintaining an action pursuant to
Section 21167 if a member of that organization has complied with
subdivision (b).
   (d) This section does not apply to the Attorney General.
   (e) This section does not apply to any alleged grounds for
noncompliance with this division for which there was no public
hearing or other opportunity for members of the public to raise those
objections orally or in writing prior to the approval of the
project, or if the public agency failed to give the notice required
by law.
   (f) This section shall become operative on January 1, 2016.
 
  SECTION 1.    Section 21081.8 is added to the
Public Resources Code, to read:
   21081.8.  (a) On or before January 1, 2016, and on or before
January 1 of each year thereafter, the Secretary of the Natural
Resources Agency shall submit to the Legislature a report on the
types and effectiveness of a representative sample of mitigation
measures adopted by state and local agencies. The secretary may
consider information from mitigation reporting and monitoring
programs adopted pursuant to Section 21081.6.
   (b) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.