SB 1052 California Senate · 2017-2018 Regular Session

California Environmental Quality Act: judicial challenge: identification of parties and contributors.

Summary
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 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 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 CEQA. Existing law authorizes a court, upon motion, to award attorneys' fees to a successful party in an action that resulted in the enforcement of an important right affecting the public interest under specified conditions. This bill would require a plaintiff or petitioner, in an action brought pursuant to CEQA, to disclose specified information regarding the plaintiff or petitioner in the complaint or petition, as specified. The bill would require disclosure of the identity of a person or entity that contributes in excess of $100 dollars, as specified, toward the plaintiff's or petitioner's costs of an action. The bill would provide that a failure to provide this disclosure shall be grounds for dismissal of the action by the court or, if the failure occurs during a postjudgment proceeding, the denial of attorneys' fees for a successful plaintiff or petitioner. The bill also would require the plaintiff or petitioner to identify any pecuniary or business interest related to the project or issues involved in the action of any person or entity named as a plaintiff or petitioner or that contributes in excess of $100 to the costs of the action, as specified.
Bill status died 1 of 4 stages cleared
Introduction
Feb 2018
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2018 Last action Apr 18, 2018
Floor votes

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Full legislative history

Actions timeline

Total actions
7
Key actions
0
Committee
3
Apr 18, 2018
Committee
April 18 set for first hearing. Failed passage in committee. (Ayes 2. Noes 4. Page 4719.) Reconsideration granted.
upper
Apr 4, 2018
Committee
Re-referred to Coms. on EQ. and JUD.
upper
Feb 22, 2018
Committee
Referred to Com. on RLS.
upper
Feb 12, 2018
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Patricia C. Bates
Patricia C. Bates
RRepublican
CA
36