Bill Text: CA SB1259 | 2023-2024 | Regular Session | Introduced

California Senate Bill 1259

Introduced

Bill Title: California Environmental Quality Act: judicial review.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-03 - April 3 set for first hearing. Failed passage in committee. (Ayes 2. Noes 0. Page 3467.) [SB1259 Detail]

Download: California-2023-SB1259-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1259

Introduced by Senator Niello

February 15, 2024

An act to amend Section 21168.9 of, and to add Sections 21168.8, 21170, and 21176 to, the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

SB 1259, as introduced, Niello. California Environmental Quality Act: judicial review.

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 authorizes specified entities to file and maintain with a court an action or proceeding to attack, review, set aside, void, or annul an act of a public agency on grounds of noncompliance with the requirements of CEQA.

This bill would authorize a defendant, in an action brought under CEQA, to file a motion requesting the plaintiff or petitioner to identify every person or entity that contributes in excess of $10,000, as specified, toward the plaintiff’s or petitioner’s costs of the action. The bill would authorize the motion to be heard on shortened time at the court’s discretion. The bill would authorize a plaintiff or petitioner to request the court’s permission to withhold the public disclosure of a person or entity who made a monetary contribution. The bill also would require the plaintiff or petitioner to use reasonable efforts to identify the actual persons or entities that are the true source of the contributions, to include the exact total amount contributed, and to identify any pecuniary or business interest related to the project of any person or entity that contributes in excess of $10,000 to the costs of the action, as specified. The bill would, except as provided, prohibit those disclosures from being admissible into evidence for any purpose. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action by the court.

This bill would require an action or proceeding brought to attack, review, set aside, void, or annual acts or decision of a public agency for a commercial, housing, or public works project that helps to address longstanding critical needs in the project area and that results in an investment of at least $25,000,000 in the state on the grounds of noncompliance with CEQA to be resolved, to the extent feasible, within 365 days of the filing of the certified record of proceedings with the court. The bill would require the Judicial Council to adopt a rule of court to implement this provision.

This bill would require the court’s approval for a settlement agreement reached in an action or proceeding brought under CEQA and would prohibit the court from approving the settlement agreement if the settlement agreement contains a nonenvironmental provision, as defined.

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 to suspend any or all specific project activity or activities if the court finds that the activity or activities will prejudice the consideration or implementation of particular mitigation measures or alternatives to the project. CEQA provides that, except as otherwise specified, it is not intended to limit the equitable powers of the courts.

This bill would instead prohibit the court from staying or enjoining the construction or operation of a project unless it makes certain findings. The bill would delete that intent relating to the equitable powers of the courts.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 21168.8 is added to the Public Resources Code, to read:

21168.8.

(a) For purposes of this section, “project” means a commercial, housing, or public works project that helps to address longstanding critical needs in the project area and that results in an investment of at least twenty-five million dollars ($25,000,000) in the state.

(b) To the extent feasible, an action or proceeding filed pursuant to this division to attack, review, set aside, void, or annul acts or decisions of a public agency for a project on the grounds of noncompliance with this division, including any potential appeals to the court of appeal or the Supreme Court, shall be resolved within 365 days of the filing of the certified record of proceedings prepared pursuant to Section 21167.6 or 21167.6.2 with the court.

SEC. 2.

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.
(2) Relief as provided in subdivision (c).

(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) (1) Notwithstanding subdivision (b), in granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a project unless the court finds either of the following:
(A) The continued construction or operation of the project presents an imminent threat to the public health and safety.
(B) The project location contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the project unless the court stays or enjoins the construction or operation of the project.
(2) If the court finds that subparagraph (A) or (B) of paragraph (1) is satisfied, the court shall only enjoin those specific activities associated with the project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values.
~~(c)Nothing in this~~

(d) 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.~~

SEC. 3.

Section 21170 is added to the Public Resources Code, to read:

21170.

(a) It is the intent of the Legislature that this division shall not be used for nonenvironmental purposes.

(b) For purposes of this section, “nonenvironmental provision” means a provision that is unrelated to environmental protection, or a provision providing concessions by a project proponent that is unrelated to the environment. “Nonenvironmental provision” does not include provisions related to attorney’s fees or other costs that are directly attributable to the action or proceeding.

(c) (1) A settlement agreement reached in an action or proceeding brought pursuant to this division shall be approved by the court.

(2) The court shall not approve a settlement agreement if the settlement agreement contains a nonenvironmental provision.

SEC. 4.

Section 21176 is added to the Public Resources Code, to read:

21176.

(a) (1) Any defendant in an action or proceeding to attack, review, set aside, void, or annul any act or decision of a public agency on the grounds of noncompliance with this division, may file a motion requesting the plaintiff or petitioner to identify every person or entity who made a monetary contribution of ten thousand dollars ($10,000) or more, or committed to contribute ten thousand dollars ($10,000) or more, for the preparation of the petition and subsequent action or proceeding. The motion may be heard on shortened time at the court’s discretion.

(2) Upon a motion by the defendant pursuant to paragraph (1), a plaintiff or petitioner shall provide the information specified in this section within seven days.

(3) Any information disclosed to the defendant by the plaintiff or petitioner pursuant to this section shall be kept confidential and shall not be disclosed to anyone for 30 days.

(4) A plaintiff or petitioner may request the court’s permission to withhold the public disclosure of a person or entity who made a monetary contribution. The court may grant the request if it finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure. If the court grants a request pursuant to this paragraph, the information disclosed to the defendant shall be kept confidential.

(b) If the defendant makes a motion pursuant to subdivision (a), the plaintiff or petitioner shall have a continuing obligation throughout the course of the proceeding to identify any person or entity that has made a single or multiple contributions or commitments, the sum of which is ten thousand dollars ($10,000) or more, and that were intended to fund the action or proceeding within seven days of receiving the contribution. All other provisions of this section shall apply to a disclosure pursuant to this subdivision.

(c) In complying with subdivisions (a) and (b), the plaintiff or petitioner shall use reasonable efforts to identify the actual persons or entities that are the true source of the contributions.

(d) The disclosures required pursuant to subdivisions (a) and (b) shall include the exact total amount contributed and also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project.

(e) (1) Except as provided in paragraph (2), the information disclosed by a plaintiff or petitioner upon a motion by a defendant pursuant to this section shall not be admissible into evidence for any purpose.

(2) The information disclosed pursuant to this section shall be admissible for purposes of Section 529.2 of the Code of Civil Procedure.

(f) A court may, upon its own motion or the motion of any party, take any action necessary to compel compliance with the requirements of this section, up to and including dismissal of the action or proceeding.

(g) An individual contributing funds to file an action or proceeding pursuant to this division in that individual’s individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of that individual’s personal information to an in-camera review by the court.

(h) This section does not limit or prohibit the independent discovery of funding sources based on any other provision of law, including postjudgment motions related to recovery of attorney’s fees.