Bill Text: CA SB1341 | 2017-2018 | Regular Session | Amended
Bill Title: California Environmental Quality Act: judicial challenge: identification of contributors.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-04-17 - April 18 set for first hearing canceled at the request of author. [SB1341 Detail]
Download: California-2017-SB1341-Amended.html
Amended
IN
Senate
March 22, 2018 |
Senate Bill | No. 1341 |
Introduced by Senator Glazer (Coauthor: Senator Wilk) |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
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 specified entities to bring actions or proceedings seeking judicial review of the lead agency’s action pursuant to CEQA.
This bill would state the intent of the Legislature to enact legislation to improve the judicial review process of litigation related to housing projects brought pursuant to CEQA, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21175 is added to the Public Resources Code, to read:21175.
(a) 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, the plaintiff or petitioner shall include an affidavit identifying every person or entity who made a monetary contribution of one thousand dollars ($1,000) or more, or committed to contribute one thousand dollars ($1,000) or more, for the preparation of the petition and subsequent action or proceeding.SEC. 2.
Section 21176 is added to the Public Resources Code, to read:21176.
(a) An action or proceeding shall not be brought pursuant to Section 21167 challenging the approval of a housing project included in a plan or project already approved following the completion of an environmental review conducted pursuant to this section, including the resolution of any action or proceeding brought against that prior environmental review.It is the intent of the Legislature to enact legislation to improve the judicial review process of litigation related to housing projects brought pursuant to the California Environmental Quality Act (Division 25.5 (commencing with Section 28000) of the Public Resources Code) to do all of the following:
(a)Require parties in the litigation to disclose their identities.
(b)Prohibit that litigation if the housing project being challenged is consistent with a previously certified environmental impact report prepared pursuant to the California Environmental Quality Act.
(c)Prohibit the court from ordering a
stay or otherwise enjoining a housing project, unless the court finds that certain conditions are present at the project site.