AB 499 — Environment: California Environmental Quality Act: determination: dispute.

Summary

(1) The California Environmental Quality Act (CEQA) requires a lead agency, which includes a local agency, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, 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 requires a lead agency to file a notice of approval or a notice of determination containing specified information with the Office of Planning and Research or the county clerk of each county in which the project is located, as appropriate. CEQA provides a procedure by which a party may attack, review, set aside, void, or annul the determination, finding, or decision of a public agency on specified grounds. CEQA requires the party challenging the determination to name, as a real party of interest, a recipient of an approval that is the subject of the challenge and to service the petition or complaint on that real party of interest not later than 20 business days following the service of the petition or complaint on the public agency. This bill would instead require that a petitioner or plaintiff name, as a real party in interest, a recipient of approval, as identified by the public agency in its notice of determination or notice of exemption, that is the subject of an action or proceeding challenging the determination, finding, or decision of a public agency pursuant to CEQA. The bill would authorize the court to dismiss a petition or complaint if a petitioner or plaintiff fails to serve the recipient of approval identified by the public agency within the above service period. The bill would require the court to issue an order providing additional time for, and specifying the manner of, service if the petitioner or plaintiff demonstrates to the court's satisfaction that he or she has made a good faith effort to service the identified recipient of approval within the above service period. The bill would provide that the above requirement would not apply to a proceeding for judicial review filed pursuant to CEQA that is pending on or before December 31, 2009, or to actions or proceedings challenging an act or decision of a public agency for which a notice of decision or notice of exemption was filed on or before December 31, 2009. The bill would require a notice of approval or notice of determination to name the recipient of approval, if any. Because a lead agency would be required to include additional information in the notice of approval or notice of determination, this bill would impose a state-mandated local program. The bill would also define "recipient of approval" for purposes of CEQA. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Enrolled 09/13/10 - Enrolled Current pdf September 13, 2010
• Amended 06/18/09 - Amended Senate pdf June 18, 2009
• Amended 05/21/09 - Amended Assembly pdf May 21, 2009
• Introduced 02/24/09 - Introduced pdf February 24, 2009
• AB499 View text html

Action History

1. September 29, 2010

   Vetoed by Governor.

2. September 15, 2010

   Enrolled and to the Governor at 4:45 p.m.

3. August 31, 2010

   Senate amendments concurred in. To enrollment. (Ayes 49. Noes 28. Page 6904.)

4. August 30, 2010

   In Assembly. Concurrence in Senate amendments pending.

5. August 30, 2010

   Read third time, passed, and to Assembly. (Ayes 22. Noes 15. Page 5007.)

6. August 26, 2010

   Read second time. To third reading.

7. August 25, 2010

   To second reading.

8. August 25, 2010

   From inactive file.

9. September 10, 2009

   To inactive file on motion of Senator Simitian.

10. June 30, 2009

    Read second time. To third reading.

11. June 29, 2009

    From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

12. June 23, 2009

    From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (June 22).

13. June 18, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

14. June 11, 2009

    Referred to Coms. on EQ. and JUD.

15. May 28, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 28, 2009

    Read third time, passed, and to Senate. (Ayes 47. Noes 30. Page 1762.)

17. May 26, 2009

    Action rescinded and record expunged whereby a final roll call vote was taken.

18. May 21, 2009

    Read third time, amended, and returned to third reading. (Ayes 51. Noes 27. Page 1607.).

19. May 04, 2009

    Read second time. To third reading.

20. April 30, 2009

    From committee: Do pass. (Ayes 11. Noes 5.) (April 29).

21. April 21, 2009

    From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 3.) (April 21).

22. April 14, 2009

    From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 6. Noes 3.) (April 13).

23. March 16, 2009

    Referred to Coms. on NAT. RES. and JUD.

24. February 25, 2009

    From printer. May be heard in committee March 27.

25. February 24, 2009

    Read first time. To print.

Sponsors

• Hill · Primary

Votes

Subjects