California 2011-2012 Regular Session Status: Enacted

AB 320 — Environmental quality: California Environmental Quality Act (CEQA): determination: dispute.

Last action — Chaptered by Secretary of State - Chapter 570, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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 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 and requires that a petitioner or plaintiff name, as a real party in interest, a recipient of an approval that is the subject of an action or proceeding challenging the determination, finding, or decision of a public agency pursuant to CEQA. This bill would require a notice of approval or notice of determination to identify the person undertaking an activity that receives financial assistance from a public agency or the person receiving a lease, permit, license, certificate, or other entitlement of use from a public agency. 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. This bill would require a petitioner or plaintiff to name, as a real party in interest, the person identified by the public agency in its notice of determination or notice of exemption, as reflected by the agency's record of proceedings. 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, 2011, 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, 2011. (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

Action History

  1. Chaptered by Secretary of State - Chapter 570, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 28. Page 2930.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 15. Page 2188.).

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (June 28). Re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 20). Re-referred to Com. on JUD.

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

  12. Referred to Coms. on E.Q. and JUD.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 27. Page 1348.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 12. Noes 5.) (May 4).

  17. Re-referred to Com. on APPR.

  18. Read second time and amended.

  19. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 4.) (April 5).

  20. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 3.) (March 21). Re-referred to Com. on JUD.

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

  22. From printer. May be heard in committee March 12.

  23. Read first time. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Hill

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 320 HILL Concurrence in Senate Amendments

Passed 49 Yea · 28 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 482603
Democratic 1000
Total 492803
% of votes cast 61%35%0%4%
How each member voted (80)
Member Party Vote
Hall — Yea
Feuer — Yea
Butler — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Cedillo — Yea
Yamada — Yea
Galgiani — Not Voting
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gordon — Yea
Gorell — Not Voting
Chesbro — Yea
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Harkey — Nay
Conway — Nay
Hayashi — Yea
Fletcher — Nay
Hueso — Yea
Huffman — Yea
Cook — Nay
Beall — Yea
Block — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Not Voting
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huber — Nay
Lara — Yea
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Williams — Yea
Eng — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB320 Hill By Wolk

Passed 22 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 201403
Democratic 2000
Republican 0100
Total 221503
% of votes cast 55%38%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Lieu — Yea
Simitian — Yea
Wright — Yea
Rubio — Yea
Wyland — Nay
Evans — Yea
Fuller — Nay
Cannella — Nay
Runner — Nay
Negrete McLeod — Not Voting
Harman — Not Voting
Huff — Nay
Alquist — Yea
Anderson — Nay
Blakeslee — Nay
Corbett — Yea
Dutton — Nay
Liu — Not Voting
Pavley — Yea
Vargas — Yea
Walters — Nay
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 320 HILL Assembly Third Reading

Passed 46 Yea · 27 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 442506
Democratic 2001
Republican 0200
Total 462707
% of votes cast 58%34%0%9%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hall — Yea
Butler — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Huffman — Yea
Alejo — Yea
Carter — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Not Voting
Yamada — Yea
Gordon — Yea
Campos — Yea
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Cedillo — Not Voting
Harkey — Nay
Fletcher — Nay
Portantino — Not Voting
Conway — Nay
Cook — Nay
Huber — Nay
Beall — Yea
Block — Yea
Davis — Yea
Donnelly — Nay
Hueso — Yea
Jeffries — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Torres — Not Voting
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Smyth — Nay
Wieckowski — Yea
Chesbro — Yea
Eng — Yea
Dickinson — Yea
Galgiani — Not Voting
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 11500
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Mitchell — Yea
Campos — Yea
Hall — Yea
Harkey — Nay
Lara — Yea
Donnelly — Nay
Norby — Nay
Solorio — Yea
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Nielsen — Nay
Davis — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 320 do?
(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 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 and requires that a petitioner or plaintiff name, as a real party in interest, a recipient of an approval that is the subject of an action or proceeding challenging the determination, finding, or decision of a public agency pursuant to CEQA. This bill would require a notice of approval or notice of determination to identify the person undertaking an activity that receives financial assistance from a public agency or the person receiving a lease, permit, license, certificate, or other entitlement of use from a public agency. 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. This bill would require a petitioner or plaintiff to name, as a real party in interest, the person identified by the public agency in its notice of determination or notice of exemption, as reflected by the agency's record of proceedings. 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, 2011, 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, 2011. (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.
Who sponsors AB 320?
AB 320 is sponsored by Hill.
What is the current status of AB 320?
This bill has been enacted into law. Introduced February 09, 2011. Enacted.
Where can I track AB 320?
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