Bill Text: CA SB393 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Civil actions: housing development projects.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed) 2024-07-03 - Read second time. Ordered to third reading. [SB393 Detail]

Download: California-2023-SB393-Amended.html

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Amended  IN  Senate  March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 393

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Introduced by Senator Glazer
(Coauthors: Senators Dahle, Nguyen, Niello, Seyarto, and Stern)

February 09, 2023

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An act to add Sections 21175 and 21176 and 21176.5 to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

SB 393, as amended, Glazer. California Environmental Quality Act: judicial challenge: identification of contributors: housing projects.

The California Environmental Quality Act 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. The act 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 the act.

This bill would require a plaintiff or petitioner, in an action brought pursuant to the act, act relating to a housing development project, to disclose the identity of a person or entity that contributes in excess of $1,000, $5,000, as specified, toward the plaintiff’s or petitioner’s costs of the action. The bill also would require the plaintiff or petitioner to identify any pecuniary or business interest related to the project of any person or entity that contributes in excess of $1,000 $5,000 to the costs of the action, as specified. 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 prohibit an action or proceeding from being brought in the court to attack, review, set aside, void, or annul an act of a public agency for housing projects projects, included in a master environmental impact report or other plan or project already approved following the completion of an environmental review, on grounds of noncompliance with the requirements of the act, as specified. The bill would provide that further environmental reviews are not subject to this provision.

Digest Key

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

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Bill 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.

SECTION 1.

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

21176.

 (a) In an action or proceeding to attack, review, set aside, void, or annul any act or decision of a public agency relating to a housing development project, as defined in subdivision (h) of Section 65589.5 of the Government Code, 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 five thousand dollars ($1,000) ($5,000) or more, or committed to contribute one five thousand dollars ($1,000) ($5,000) or more, for the preparation of the petition and subsequent action or proceeding.

(b) 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 $1,000 five thousand dollars ($5,000) or more, and that were intended to fund the action or proceeding.

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

(d) A plaintiff or petitioner may request the court’s permission to withhold the public disclosure of a contributor. 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.

(e) 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.

(f) 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.

(g) The information disclosed pursuant to this section may be used to enable a court to determine whether the financial burden of private enforcement supports the award of attorneys’ fees in actions or proceedings brought to enforce this division.

SEC. 2.Section 21176 is added to the Public Resources Code, to read:

21176.

SEC. 2.

 Section 21176.5 is added to the Public Resources Code, to read:

21176.5.

 (a) An action or proceeding shall not be brought pursuant to Section 21167 challenging the approval of a housing project included in a master environmental impact report, pursuant to Article 2 (commencing with Section 21157) of Chapter 4.5, or other plan or project already approved following the completion of an environmental review conducted pursuant to this section, division, including the resolution of any action or proceeding brought against that prior master environmental impact report or environmental review.

(b) This section does not affect the obligations of a housing project included in a previously approved master environmental impact report, or other plan or project project, to comply with the requirements under pursuant to this division for completing further environmental study, reviews, including complying with all applicable public notice and comment requirements associated with that environmental review.

(c) Further environmental reviews relating to the housing project are subject to 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, pursuant to Section 21167.