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SB-794 California Environmental Quality Act: judicial challenge: identification of contributors: housing projects.(2023-2024)

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Date Published: 03/20/2023 09:00 PM
SB794:v98#DOCUMENT

Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 794


Introduced by Senator Niello
(Coauthor: Senator Glazer)

February 17, 2023


An act to add Sections 21168.8 and 21175 21177.5 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 794, as amended, Niello. California Environmental Quality Act: judicial challenge: identification of contributors: housing projects.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 21168.8 is added to the Public Resources Code, to read:

21168.8.
 (a) For purposes of this section, “project” means 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 twenty-five million dollars ($25,000,000) in the state.
(b) To the extent feasible, an action or proceeding filed pursuant to this division to attack, review, set aside, void, or annul acts or decisions of a public agency on the grounds of noncompliance with this division, including any potential appeals to the court of appeal or the Supreme Court, shall be resolved within 365 days of the filing of the certified record of proceedings prepared pursuant to Section 21167.6 or 21167.6.2 with the court.
(c) The Judicial Council shall adopt a rule of court to establish that establishes procedures to implement subdivision (b).

SEC. 2.Section 21175 is added to the Public Resources Code, to read:
21175.

SEC. 2.

 Section 21177.5 is added to the Public Resources Code, to read:

21177.5.
 (a) (1) In an action or proceeding to attack, review, set aside, void, or annul any act or decision of a public agency on the grounds of noncompliance with this division, the plaintiff or petitioner shall include an affidavit identifying every person or entity who made or committed to make a monetary contribution of one hundred dollars ($100) or more, or who made or committed to make an in-kind contribution of one hundred dollars ($100) or more, to the preparation of the petition and subsequent action or proceeding.
(2) The plaintiff or petitioner shall have a continuing obligation throughout the course of the proceeding to identify any person or entity that has made a single or multiple contributions or commitments, the sum of which is one hundred dollars ($100) or more, or that has made or commits to make in-kind contribution of one hundred dollars ($100) or more, and that are intended to fund the action or proceeding.
(b) The disclosures required pursuant to subdivision (a) shall also include the identity of any pecuniary or economic interest of the person or entity related to the proposed project.
(c) A court may, upon its own motion or the motion of any party, take any action necessary to compel compliance with the requirements of this section, up to and including dismissal of the action or proceeding.