SB 735

Bill Subjects

Abstract

(1) 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 (EIR) 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. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law requires a court to commence a hearing of an action or proceeding brought to challenge an agency action on the grounds of noncompliance with CEQA within one year of the date of the filing of the action or proceeding. This bill would require the hearing to commence within 9 months of the date of the filing of the action or proceeding. (2) Existing law requires the court to establish a briefing schedule and a hearing date upon the filing of a request for hearing by a petitioner. Existing law requires the briefing to be completed within 90 days from the date of the filing of the request, to the extent feasible. Existing law authorizes the court to extend the briefing schedule upon a showing of good cause. This bill would require the briefing to be completed within 90 days from the date of filing unless determined infeasible by the court. The bill would require the court to limit any extension of the briefing schedule for good cause to the shortest feasible period. (3) Existing law requires a person filing an action or proceeding alleging noncompliance with CEQA to file a request with the public agency for the preparation of the administrative record subject to the challenge. Existing law requires the public agency to prepare and certify the administrative record within 60 days from the date of the request. Existing law authorizes the court to grant an extension for the preparation of the record. Existing law provides that the extension is to be liberally granted by the court. This bill would instead require the public agency to prepare and distribute the administrative record to all parties for review within 45 days from the date of the request. Because the bill would require a public agency to distribute the administrative record, thereby increasing the level of service provided by the public agency, this bill would impose a state-mandated local program. The bill would require the parties to complete the review and the public agency to certify the record not later than 15 days after the distribution of the record for review. The bill would provide that the extension is to be granted in limited circumstances. (4) Existing law requires a settlement meeting be held among the parties not later than 45 days after the filing of the action of proceeding alleging noncompliance with CEQA. This bill would shorten that time period to 30 days. (5) 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.