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SB-1214 Environmental quality: California Environmental Quality Act: judicial review.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Bill
No. 1214


Introduced  by  Senator Cannella
(Coauthor(s): Senator Berryhill, Dutton, Emmerson, Harman, Huff, La Malfa, Rubio, Vargas)
(Coauthor(s): Assembly Member Jeffries, Olsen, Perea, V. Manuel Pérez, Valadao)

February 22, 2012


An act to add Section 21168.10 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 1214, as introduced, Cannella. Environmental quality: California Environmental Quality Act: judicial review.
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.
CEQA establishes judicial review procedures for challenging a lead agency action on the ground of noncompliance with CEQA.
This bill would require a judicial proceeding challenging a project, except for a high-speed rail project, located in a distressed county, as defined, to be filed with the Court of Appeal with geographic jurisdiction over the project.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21168.10 is added to the Public Resources Code, to read:

21168.10.
 (a) An action or proceeding brought pursuant to this chapter challenging a project located in a distressed county shall be filed with the Court of Appeal with geographic jurisdiction over the project.
(b) For the purpose of the section, a “distressed” county is a county meeting two of the following criteria:
(1) The county has an unemployment rate higher than the statewide average for three consecutive months during the pendency of the administrative proceeding pursuant to this division.
(2) The poverty level in the county is higher than the statewide average during the pendency of the administrative proceeding pursuant to this division.
(3) The foreclosure rate in the county is higher than the statewide average during the pendency of the administrative proceeding pursuant to this division.
(c) This section does not apply to projects related to high-speed rail.