Bill Text: CA SB123 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 123	AMENDED
	BILL TEXT

	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.   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 bill would require  the presiding judge of each
superior court to establish   the Judicial Council to
direct the creation of  an environmental and  land-use
  land use  division within  the court
  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
  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
  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  
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 
 land use  court cases should be decided by specialized
judges trained in environmental and  land-use  
land use  law, and whose decisions would be documented and
published.  It is important that the judicial selection
process be unbiased.  
   (4) It is important to continue California's commitment to
ensuring an unbiased judicial selection process.  
   (4) 
    (5)  The creation of an environmental and 
land-use   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.  The court should hear the case in the county in
which the case arose. 
   (b) Accordingly, it is the intent of the Legislature to establish
an environmental and  land-use   land use 
division within each superior court 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 presiding judge of each superior court shall
establish an environmental and land-use division within the court to
process all civil proceedings subject to this article. The Chief
Justice of California may direct the consolidation of two or more
superior courts in contiguous counties into a single environmental
and land-use division, which may convene at the various court
facilities within the participating counties as deemed appropriate,
with consideration given to the convenience of access of the parties.

    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. 

   (b) 
    (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. 
   (c) 
    (d)  The Judicial Council shall, by rule of court,
identify those statutes within the subject areas identified in
paragraph (2) of subdivision  (b)   (c) 
that are within the jurisdiction of the environmental and 
land-use   land use  court division.
   69544.  The Judicial Council shall, by rule of court, establish
appropriate standards and protocols for the environmental and
 land-use   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.