Environmental quality: California Environmental Quality Act (CEQA): 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 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 and requires that a petitioner or plaintiff name, as a real party in interest, a recipient of an approval that is the subject of an action or proceeding challenging the determination, finding, or decision of a public agency pursuant to CEQA. This bill would require a notice of approval or notice of determination to identify the person undertaking an activity that receives financial assistance from a public agency or the person receiving a lease, permit, license, certificate, or other entitlement of use from a public agency. 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. This bill would require a petitioner or plaintiff to name, as a real party in interest, the person identified by the public agency in its notice of determination or notice of exemption, as reflected by the agency's record of proceedings. 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, 2011, 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, 2011. (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.