Bill Text: CA SB123 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental and land use court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB123 Detail]
Download: California-2013-SB123-Amended.html
Bill Title: Environmental and land use court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB123 Detail]
Download: California-2013-SB123-Amended.html
BILL NUMBER: SB 123 AMENDED BILL TEXT AMENDED IN SENATE APRIL 23, 2013 AMENDED IN SENATE APRIL 4, 2013 INTRODUCED BY Senator Corbett JANUARY 18, 2013 An act to add Article 2 (commencing with Section 69540) to Chapter 5 of Title 8 of the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGEST SB 123, as amended, Corbett. Environmental and land use court. Existing law establishes a statewide system of courts with a superior court of one or more judges in each county. Existing law requires the presiding judge of each superior court to distribute the business of the court among the judges, and to prescribe the order of business, subject to the rules of the Judicial Council. This billwouldwould, commencing July 1, 2014, require the Judicial Council to direct the creation of an environmental and land use division within 2 or more superior courts within each of the appellate districts of the state to process civil proceedings brought pursuant to the California Environmental Quality Act or in specified subject areas, including air quality, biological resources, climate change, hazards and hazardous materials, land use planning, and water quality. The bill would require the Judicial Council, by rule of court, to identify statutes in those specified areas that would be within the jurisdiction of the environmental and land use court division. The bill would require the Judicial Council, by rule of court, to establish appropriate standards and protocols for the environmental and land use court division to accomplish the objectives of consistency, expediency, and expertise, including educational requirements and other qualifications for specialized judges assigned to the division. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 2 (commencing with Section 69540) is added to Chapter 5 of Title 8 of the Government Code, to read: Article 2. Environmental and Land Use Court 69540. (a) The Legislature finds and declares all of the following: (1) According to the World Resources Institute report entitled, "Greening Justice: Creating and Improving Environmental Courts and Tribunals" (2009), the number of courts and tribunals specializing in environmental issues doubled during the past decade, prompted by increasingly complex regulations and growing concerns about natural resources. (2) Environmental issues are often complex and fragmented, and conflicting aspects of environmental management and protection have made it difficult for governments, developers, communities, and advocacy groups to achieve consistent and long-range sustainable development. This has resulted in pressures to streamline and rationalize the adjudication and enforcement process and increase access to justice around the world. (3) California's environmental and land use court cases should be decided by specialized judges trained in environmental and land use law, and whose decisions would be documented and published. (4) It is important to continue California's commitment to ensuring an unbiased judicial selection process. (5) The creation of an environmental and land use court can maximize both judicial competence and the speed of decisionmaking, allowing litigants to have their cases heard and an effective remedy delivered quickly. (b) Accordingly, it is the intent of the Legislature to establish an environmental and land use division withineach superior courtthe superior courts selected by the Judicial Council to expedite civil proceedings within the jurisdiction of the division, with more consistent rulings and better outcomes for all parties of interest. 69542. (a) The Judicial Council shall direct the creation of an environmental and land use division within two or more superior courts within each of the appellate districts of the state to process all civil proceedings subject to this article. (b) A civil proceeding subject to this article may be filed at a superior court within the county in which the claim arises, but the civil proceeding shall be transferred to the nearest superior court within the same appellate district that has established an environmental and land use division pursuant to this article. (c) Both of the following shall be subject to this article: (1) A civil proceeding brought pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (2) A civil proceeding brought in any of the following subject areas: (A) Air quality. (B) Biological resources. (C) Climate change. (D) Hazards and hazardous materials. (E) Land use planning. (F) Water quality. (d) The Judicial Council shall, by rule of court, identify those statutes within the subject areas identified in paragraph (2) of subdivision (c) that are within the jurisdiction of the environmental and land use court division. 69544. The Judicial Council shall, by rule of court, establish appropriate standards and protocols for the environmental and land use court division to accomplish the objectives of consistency, expediency, and expertise identified in Section 69540, including educational requirements and other qualifications for specialized judges assigned to the division. 69545. This article shall become operative on July 1, 2014.