California 2019 2019-2020 Regular Session

California Assembly Bill AB1673 Amended / Bill

Filed 04/11/2019

                    Amended IN  Assembly  April 11, 2019 Amended IN  Assembly  March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1673Introduced by Assembly Member SalasFebruary 22, 2019An act to add Section 21175.5 to the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTAB 1673, as amended, Salas. California Environmental Quality Act: judicial challenge: litigation transparency: identification of contributors.The California Environmental Quality Act requires a "blue_text"> any person or entity that contributes $1,000 or more, as specified, toward the plaintiffs or petitioners costs of the action or proceeding. 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 or proceeding of any person or entity that contributes $1,000 or more to the costs of the action or proceeding, as specified. those persons or entities. The bill would authorize a court to withhold publicly those disclosures if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action or proceeding by the court.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21175.5 is added to the Public Resources Code, to read:21175.5. (a) 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 a monetary contribution of one thousand dollars ($1,000) or more, or more or who committed to contribute one thousand dollars ($1,000) or more, more for the preparation of the petition and subsequent action or proceeding.(b) 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 thousand dollars ($1,000) or more, and that were intended to fund the action or proceeding.(c) The disclosures required pursuant to subdivisions (a) and (b) shall also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project.(d) A court may withhold publicly the disclosures required pursuant to subdivisions (a) and (b) if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure.(d)(e) 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.(e)(f) An individual contributing funds to file an action or proceeding pursuant to this division in their individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of their personal information to an in-camera review by the court.

 Amended IN  Assembly  April 11, 2019 Amended IN  Assembly  March 19, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1673Introduced by Assembly Member SalasFebruary 22, 2019An act to add Section 21175.5 to the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTAB 1673, as amended, Salas. California Environmental Quality Act: judicial challenge: litigation transparency: identification of contributors.The California Environmental Quality Act requires a "blue_text"> any person or entity that contributes $1,000 or more, as specified, toward the plaintiffs or petitioners costs of the action or proceeding. 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 or proceeding of any person or entity that contributes $1,000 or more to the costs of the action or proceeding, as specified. those persons or entities. The bill would authorize a court to withhold publicly those disclosures if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action or proceeding by the court.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  April 11, 2019 Amended IN  Assembly  March 19, 2019

Amended IN  Assembly  April 11, 2019
Amended IN  Assembly  March 19, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 1673

Introduced by Assembly Member SalasFebruary 22, 2019

Introduced by Assembly Member Salas
February 22, 2019

An act to add Section 21175.5 to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1673, as amended, Salas. California Environmental Quality Act: judicial challenge: litigation transparency: identification of contributors.

The California Environmental Quality Act requires a "blue_text"> any person or entity that contributes $1,000 or more, as specified, toward the plaintiffs or petitioners costs of the action or proceeding. 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 or proceeding of any person or entity that contributes $1,000 or more to the costs of the action or proceeding, as specified. those persons or entities. The bill would authorize a court to withhold publicly those disclosures if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action or proceeding by the court.

The California Environmental Quality Act requires a "blue_text"> any person or entity that contributes $1,000 or more, as specified, toward the plaintiffs or petitioners costs of the action or proceeding. 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 or proceeding of any person or entity that contributes $1,000 or more to the costs of the action or proceeding, as specified. those persons or entities. The bill would authorize a court to withhold publicly those disclosures if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action or proceeding by the court.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 21175.5 is added to the Public Resources Code, to read:21175.5. (a) 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 a monetary contribution of one thousand dollars ($1,000) or more, or more or who committed to contribute one thousand dollars ($1,000) or more, more for the preparation of the petition and subsequent action or proceeding.(b) 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 thousand dollars ($1,000) or more, and that were intended to fund the action or proceeding.(c) The disclosures required pursuant to subdivisions (a) and (b) shall also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project.(d) A court may withhold publicly the disclosures required pursuant to subdivisions (a) and (b) if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure.(d)(e) 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.(e)(f) An individual contributing funds to file an action or proceeding pursuant to this division in their individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of their personal information to an in-camera review by the court.

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

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

SECTION 1. Section 21175.5 is added to the Public Resources Code, to read:21175.5. (a) 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 a monetary contribution of one thousand dollars ($1,000) or more, or more or who committed to contribute one thousand dollars ($1,000) or more, more for the preparation of the petition and subsequent action or proceeding.(b) 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 thousand dollars ($1,000) or more, and that were intended to fund the action or proceeding.(c) The disclosures required pursuant to subdivisions (a) and (b) shall also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project.(d) A court may withhold publicly the disclosures required pursuant to subdivisions (a) and (b) if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure.(d)(e) 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.(e)(f) An individual contributing funds to file an action or proceeding pursuant to this division in their individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of their personal information to an in-camera review by the court.

SECTION 1. Section 21175.5 is added to the Public Resources Code, to read:

### SECTION 1.

21175.5. (a) 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 a monetary contribution of one thousand dollars ($1,000) or more, or more or who committed to contribute one thousand dollars ($1,000) or more, more for the preparation of the petition and subsequent action or proceeding.(b) 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 thousand dollars ($1,000) or more, and that were intended to fund the action or proceeding.(c) The disclosures required pursuant to subdivisions (a) and (b) shall also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project.(d) A court may withhold publicly the disclosures required pursuant to subdivisions (a) and (b) if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure.(d)(e) 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.(e)(f) An individual contributing funds to file an action or proceeding pursuant to this division in their individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of their personal information to an in-camera review by the court.

21175.5. (a) 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 a monetary contribution of one thousand dollars ($1,000) or more, or more or who committed to contribute one thousand dollars ($1,000) or more, more for the preparation of the petition and subsequent action or proceeding.(b) 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 thousand dollars ($1,000) or more, and that were intended to fund the action or proceeding.(c) The disclosures required pursuant to subdivisions (a) and (b) shall also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project.(d) A court may withhold publicly the disclosures required pursuant to subdivisions (a) and (b) if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure.(d)(e) 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.(e)(f) An individual contributing funds to file an action or proceeding pursuant to this division in their individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of their personal information to an in-camera review by the court.

21175.5. (a) 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 a monetary contribution of one thousand dollars ($1,000) or more, or more or who committed to contribute one thousand dollars ($1,000) or more, more for the preparation of the petition and subsequent action or proceeding.(b) 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 thousand dollars ($1,000) or more, and that were intended to fund the action or proceeding.(c) The disclosures required pursuant to subdivisions (a) and (b) shall also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project.(d) A court may withhold publicly the disclosures required pursuant to subdivisions (a) and (b) if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure.(d)(e) 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.(e)(f) An individual contributing funds to file an action or proceeding pursuant to this division in their individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of their personal information to an in-camera review by the court.



21175.5. (a) 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 a monetary contribution of one thousand dollars ($1,000) or more, or more or who committed to contribute one thousand dollars ($1,000) or more, more for the preparation of the petition and subsequent action or proceeding.

(b) 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 thousand dollars ($1,000) or more, and that were intended to fund the action or proceeding.

(c) The disclosures required pursuant to subdivisions (a) and (b) shall also include the identity of any pecuniary or business interest that the person or entity has related to the proposed project.

(d) A court may withhold publicly the disclosures required pursuant to subdivisions (a) and (b) if the court finds that the public interest in keeping that information confidential clearly outweighs the public interest in disclosure.

(d)



(e) 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.

(e)



(f) An individual contributing funds to file an action or proceeding pursuant to this division in their individual capacity, and not as a representative for an organization or association, has the right to limit disclosure of their personal information to an in-camera review by the court.