Environment: California Environmental Quality Act: determination: dispute.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, which includes a local agency, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, 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 requires a lead agency to file a notice of approval or a notice of determination containing specified information with the Office of Planning and Research or the county clerk of each county in which the project is located, as appropriate. CEQA provides a procedure by which a party may attack, review, set aside, void, or annul the determination, finding, or decision of a public agency on specified grounds. CEQA requires the party challenging the determination to name, as a real party of interest, a recipient of an approval that is the subject of the challenge and to service the petition or complaint on that real party of interest not later than 20 business days following the service of the petition or complaint on the public agency. This bill would instead require that a petitioner or plaintiff name, as a real party in interest, a recipient of approval, as identified by the public agency in its notice of determination or notice of exemption, that is the subject of an action or proceeding challenging the determination, finding, or decision of a public agency pursuant to CEQA. The bill would authorize the court to dismiss a petition or complaint if a petitioner or plaintiff fails to serve the recipient of approval identified by the public agency within the above service period. The bill would require the court to issue an order providing additional time for, and specifying the manner of, service if the petitioner or plaintiff demonstrates to the court's satisfaction that he or she has made a good faith effort to service the identified recipient of approval within the above service period. The bill would provide that the above requirement would not apply to a proceeding for judicial review filed pursuant to CEQA that is pending on or before December 31, 2009, or to actions or proceedings challenging an act or decision of a public agency for which a notice of decision or notice of exemption was filed on or before December 31, 2009. The bill would require a notice of approval or notice of determination to name the recipient of approval, if any. Because a lead agency would be required to include additional information in the notice of approval or notice of determination, this bill would impose a state-mandated local program. The bill would also define "recipient of approval" for purposes of CEQA. (2) 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.