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: (Enrolled) 2024-08-30 - Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. [SB393 Detail]

Download: California-2023-SB393-Amended.html

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Amended  IN  Senate  May 04, 2023

Amended  IN  Senate  April 10, 2023

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 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 development 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, authorize a defendant, in an action brought pursuant to the act relating to a housing development project, to file a motion requesting the plaintiff or petitioner to disclose the identity of a identify every person or entity that contributes in excess of $5,000, $10,000, as specified, toward the plaintiff’s or petitioner’s costs of the action. 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 housing development project of any person or entity that contributes in excess of $5,000 $10,000 to the costs of the action, as specified. The bill would 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 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, 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 21176 is added to the Public Resources Code, to read:

21176.

 (a) In (1) Any defendant 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, may file a motion requesting the plaintiff or petitioner shall include an affidavit identifying to identify every person or entity who made a monetary contribution of five ten thousand dollars ($5,000) ($10,000) or more, or committed to contribute five ten thousand dollars ($5,000) ($10,000) or more, for the preparation of the petition and subsequent action or proceeding.

(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) The 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 five ten thousand dollars ($5,000) ($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 housing development project.

(e)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) 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.

(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)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 21176.5 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 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, to comply with the requirements pursuant to this division for completing further environmental 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.