SB 794

Bill Subjects

California Environmental Quality Act Housing Projects Identification Of Contributors Judicial Challenge

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 the act. 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 a plaintiff or petitioner, in an action brought pursuant to CEQA, to disclose the identity of a person or entity that contributes in excess of $100, as specified, toward the plaintiff's or petitioner's costs of the action. The bill also would require the plaintiff or petitioner to identify any pecuniary or economic interest related to the project of any person or entity that contributes in excess of $100 to the costs of the action, as specified. The bill would authorize a court to take any action necessary to compel compliance with these disclosure requirements, up to and including dismissal of the action.