SB 1259

Bill Subjects

California Environmental Quality Act Judicial Review

Abstract

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 effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA 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 CEQA. This bill would authorize a defendant, in an action brought under CEQA, to file a motion requesting the plaintiff or petitioner to identify every person or entity that contributes in excess of $10,000, as specified, toward the plaintiff's or petitioner's costs of the action. The bill would authorize the motion to be heard on shortened time at the court's discretion. 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 project of any person or entity that contributes in excess of $10,000 to the costs of the action, as specified. The bill would, except as provided, 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 require an action or proceeding brought to attack, review, set aside, void, or annual acts or decision of a public agency for a commercial, housing, or public works project that helps to address longstanding critical needs in the project area and that results in an investment of at least $25,000,000 in the state on the grounds of noncompliance with CEQA to be resolved, to the extent feasible, within 365 days of the filing of the certified record of proceedings with the court. The bill would require the Judicial Council to adopt a rule of court to implement this provision. This bill would require the court's approval for a settlement agreement reached in an action or proceeding brought under CEQA and would prohibit the court from approving the settlement agreement if the settlement agreement contains a nonenvironmental provision, as defined. CEQA authorizes a court, in an action or proceeding brought challenging the decision of a public agency on the ground of noncompliance with CEQA, to enter an order to suspend any or all specific project activity or activities if the court finds that the activity or activities will prejudice the consideration or implementation of particular mitigation measures or alternatives to the project. CEQA provides that, except as otherwise specified, it is not intended to limit the equitable powers of the courts. This bill would instead prohibit the court from staying or enjoining the construction or operation of a project unless it makes certain findings. The bill would delete that intent relating to the equitable powers of the courts.