California Environmental Quality Act: attorney's fees: infill housing.
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SB 659 — California Environmental Quality Act: attorney's fees: infill housing.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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 impact on the environment or to adopt a negative declaration if it finds that the project will not have that impact. CEQA establishes procedures by which certain parties may file an action or proceeding challenging the lead agency's action on the ground of noncompliance with CEQA. Existing law authorizes the court, upon the motion of a party, to award attorney's fees to a prevailing party in an action that has resulted in the enforcement of an important right affecting the public interest if 3 conditions are met. This bill would, in an action or proceeding related to a project involving the development of housing at an infill site brought pursuant to CEQA, authorize the court, upon motion of a party, to award reasonable attorney's fees to a party if the court makes certain findings. The bill would require the Judicial Council to adopt a rule of court to implement this provision.
Bill Text
- Amended 05/06/19 - Amended Senate Current pdf May 06, 2019
- Amended 04/29/19 - Amended Senate pdf April 29, 2019
- Amended 03/27/19 - Amended Senate pdf March 27, 2019
- Introduced 02/22/19 - Introduced pdf February 22, 2019
- SB659 View text html
Action History
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Returned to Secretary of Senate pursuant to Joint Rule 56.
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May 16 hearing: Held in committee and under submission.
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Set for hearing May 16.
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May 13 hearing: Placed on APPR. suspense file.
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Set for hearing May 13.
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Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
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Read second time and amended. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 5. Noes 4. Page 907.) (April 30).
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Read second time and amended. Re-referred to Com. on JUD.
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Set for hearing April 30 in JUD. pending receipt.
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From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 1. Page 844.) (April 24).
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Set for hearing April 24.
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Re-referred to Coms. on EQ. and JUD.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
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Referred to Com. on RLS.
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Read first time.
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From printer. May be acted upon on or after March 27.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Borgeas · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No
Sponsors (1)
- Borgeas
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Wieckowski | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Hill | — | Yea |
| Bradford | — | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 2 | 2 | 0 | 0 |
| Unaffiliated | 2 | 2 | 0 | 0 |
| Total | 5 | 4 | 0 | 0 |
| % of votes cast | 56% | 44% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Allen | — | Yea |
| Borgeas | — | Yea |
| Monning | — | Nay |
| Wieckowski | — | Nay |
| Caballero, Anna M. | Democratic | Yea |
| Jackson, Corey A. | Democratic | Nay |
| Stern, Henry I. | Democratic | Nay |
| Umberg, Thomas J. | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 0 |
| Democratic | 0 | 0 | 0 | 1 |
| Total | 5 | 1 | 0 | 1 |
| % of votes cast | 71% | 14% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Allen | — | Yea |
| Bates | — | Yea |
| Hill | — | Yea |
| Skinner | — | Yea |
| Wieckowski | — | Nay |
| Mark Stone | — | Yea |
| Stern, Henry I. | Democratic | Not Voting |
Subjects
Frequently asked questions
- What does SB 659 do?
- 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 impact on the environment or to adopt a negative declaration if it finds that the project will not have that impact. CEQA establishes procedures by which certain parties may file an action or proceeding challenging the lead agency's action on the ground of noncompliance with CEQA. Existing law authorizes the court, upon the motion of a party, to award attorney's fees to a prevailing party in an action that has resulted in the enforcement of an important right affecting the public interest if 3 conditions are met. This bill would, in an action or proceeding related to a project involving the development of housing at an infill site brought pursuant to CEQA, authorize the court, upon motion of a party, to award reasonable attorney's fees to a party if the court makes certain findings. The bill would require the Judicial Council to adopt a rule of court to implement this provision.
- Who sponsors SB 659?
- SB 659 is sponsored by Borgeas.
- What is the current status of SB 659?
- This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 659?
- Track SB 659 free on One Click Politics — get push/email alerts when it moves.
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