Bill Text: CA SB195 | 2011-2012 | Regular Session | Amended

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Bill Title: Environmental quality: CEQA.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB195 Detail]

Download: California-2011-SB195-Amended.html

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BILL NUMBER: SB 195	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 5, 2011

INTRODUCED BY    Senator   Cannella
  Senators   Cannella,   Berryhill,
  Emmerson,   and Harman 

                        FEBRUARY 8, 2011

    An act to amend Section 11502 of the Food and
Agricultural Code, relating to pest control.   An act to
amend Sections 21080, 21083, 21084, 21169.11, and 21177 of, and to
add Section 21178 to, the Public Resources Code, relating to
environmental quality. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 195, as amended, Cannella.  Pest control: regulations.
  Environmental quality: CEQA.  
   (1) 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 (EIR) on a
project that it proposes to carry out or approve that may have a
significant impact on the environment or to adopt a negative
declaration if it finds that the project will not have that impact.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant impact 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 impact on the environment. 

   This bill would provide that impacts, potential impacts, or
cumulative impacts on the environment of a project that is subject to
an environmental regulation are deemed to be insignificant for the
purposes of CEQA unless a preponderance of evidence demonstrates that
the specific impact, potential impact, or cumulative impact is
significant after giving full effect to the environmental regulation.
 
   (2) CEQA requires a lead agency to prepare a negative declaration
if there is no substantial evidence in the administrative record that
a project would have a significant environmental impact or a
mitigated negative declaration if the project's environmental impacts
may be avoided through a revision of the project so that there is no
substantial evidence in the administrative record that the revised
project would have a significant environmental impact. CEQA requires
the preparation of an EIR if there is substantial evidence in the
administrative record that a project may have a significant
environmental impact.  
   This bill would instead require the lead agency to prepare a
negative declaration or a mitigated negative declaration if there is
a preponderance of the evidence in the record that a project or a
revised project would not have a significant environmental impact.
The bill would require the preparation of an EIR if the lead agency
finds, in light of the whole record, that a project, based on a
preponderance of the evidence, will have a significant environmental
impact that could not be avoided through a revision of the project.
Because the bill would require a lead agency to determine whether
there is a preponderance of the evidence in the record that a project
would not have a significant environmental impact, the bill would
impose a state-mandated local program.  
   (3) CEQA authorizes the Secretary of the Natural Resources Agency
to certify and adopt guidelines to include a list of classes of
projects that have been determined not to have a significant effect
on the environment and are exempted from the requirements of CEQA.
 
   This bill would provide that a project's greenhouse gas emissions
are not, in and of themselves, deemed to cause the exemption to be
inapplicable under specified conditions.  
   (4) CEQA prohibits a person from bringing or maintaining an action
or proceeding unless the alleged grounds for noncompliance with CEQA
were presented to the public agency during the public comment period
or before the close of the public hearing on the project before the
issuance of the notice of determination.  
   This bill would authorize, with specified exceptions, a lead
agency to not consider written materials submitted after the close of
the public comment period and would prohibit the use of those
materials as a basis for challenging the lead agency's action
pursuant to CEQA.  
   (5) CEQA requires the Office of Planning and Research to prepare
and develop, and the Secretary of the Natural Resources Agency to
certify and adopt, guidelines for the implementation of CEQA that
include criteria for public agencies to follow in determining whether
or not a proposed project may have a "significant effect on the
environment." CEQA defines "significant effect on the environment" to
include, among other things, effects on the environment that are
"cumulatively considerable." CEQA defines "cumulatively considerable"
to mean incremental effects of an individual project that are
considerable when viewed in connection with the effects of past
projects, other current projects, and probable future projects. 

   This bill would revise the definition of "cumulatively
considerable" to delete reference to the effects of "probable future
projects" and instead include the effects of "reasonably foreseeable
future projects," which are projects that have been proposed or
approved 90 days before the issuance of an EIR or 30 days prior to
the circulation of a negative declaration or a mitigated negative
declaration.  
   (6) Existing law authorizes the court, upon the motion of a party,
to award attorney's fees to a prevailing party in an action that has
resulted in the enforcement of an important right affecting the
public interest if 3 conditions are met.  
   The bill would require the court to additionally consider
specified factors in awarding the attorney's fees.  
   (7) Existing law authorizes the court until January 1, 2016, to
impose a sanction of up to $10,000 for the filing of a frivolous
claim in an action brought pursuant to CEQA.  
   This bill would increase the maximum amount of a sanction for such
a filing to $20,000.  
   (8) 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.  
   Existing law governs pest control operations in this state in
order to, among other stated purposes, protect public health and
safety and protect the environment. Existing law establishes the
Department of Pesticide Regulation within the California
Environmental Protection Agency, under the control of the Director of
Pesticide Regulation, to administer these provisions. Existing law
requires the Director of Pesticide Regulation to adopt regulations
that govern the conduct of the business of pest control. 

   This bill would make a technical, nonsubstantive change to the
latter provision.
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 21080 of the   Public
Resources Code   is amended to read: 
   21080.  (a) Except as otherwise provided in this division, this
division shall apply to discretionary projects proposed to be carried
out or approved by public agencies, including, but not limited to,
the enactment and amendment of zoning ordinances, the issuance of
zoning variances, the issuance of conditional use permits, and the
approval of tentative subdivision maps unless the project is exempt
from this division.
   (b) This division does not apply to any of the following
activities:
   (1) Ministerial projects proposed to be carried out or approved by
public agencies.
   (2) Emergency repairs to public service facilities necessary to
maintain service.
   (3) Projects undertaken, carried out, or approved by a public
agency to maintain, repair, restore, demolish, or replace property or
facilities damaged or destroyed as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
   (4) Specific actions necessary to prevent or mitigate an
emergency.
   (5) Projects which a public agency rejects or disapproves.
   (6) Actions undertaken by a public agency relating to any thermal
powerplant site or facility, including the expenditure, obligation,
or encumbrance of funds by a public agency for planning, engineering,
or design purposes, or for the conditional sale or purchase of
equipment, fuel, water (except groundwater), steam, or power for a
thermal powerplant, if the powerplant site and related facility will
be the subject of an environmental impact report, negative
declaration, or other document, prepared pursuant to a regulatory
program certified pursuant to Section 21080.5, which will be prepared
by the State Energy Resources Conservation and Development
Commission, by the Public Utilities Commission, or by the city or
county in which the powerplant and related facility would be located
if the environmental impact report, negative declaration, or document
includes the environmental impact, if any, of the action described
in this paragraph.
   (7) Activities or approvals necessary to the bidding for, hosting
or staging of, and funding or carrying out of, an Olympic games under
the authority of the International Olympic Committee, except for the
construction of facilities necessary for the Olympic games.
   (8) The establishment, modification, structuring, restructuring,
or approval of rates, tolls, fares, or other charges by public
agencies which the public agency finds are for the purpose of (A)
meeting operating expenses, including employee wage rates and fringe
benefits, (B) purchasing or leasing supplies, equipment, or
materials, (C) meeting financial reserve needs and requirements, (D)
obtaining funds for capital projects necessary to maintain service
within existing service areas, or (E) obtaining funds necessary to
maintain those intracity transfers as are authorized by city charter.
The public agency shall incorporate written findings in the record
of any proceeding in which an exemption under this paragraph is
claimed setting forth with specificity the basis for the claim of
exemption.
   (9) All classes of projects designated pursuant to Section 21084.
   (10) A project for the institution or increase of passenger or
commuter services on rail or highway rights-of-way already in use,
including modernization of existing stations and parking facilities.
   (11) A project for the institution or increase of passenger or
commuter service on high-occupancy vehicle lanes already in use,
including the modernization of existing stations and parking
facilities.
   (12) Facility extensions not to exceed four miles in length which
are required for the transfer of passengers from or to exclusive
public mass transit guideway or busway public transit services.
   (13) A project for the development of a regional transportation
improvement program, the state transportation improvement program, or
a congestion management program prepared pursuant to Section 65089
of the Government Code.
   (14) Any project or portion thereof located in another state which
will be subject to environmental impact review pursuant to the 
federal  National Environmental Policy Act of 1969 (42 U.S.C.
Sec. 4321 et seq.) or similar state laws of that state. Any emissions
or discharges that would have a significant effect on the
environment in this state are subject to this division.
   (15) Projects undertaken by a local agency to implement a rule or
regulation imposed by a state agency, board, or commission under a
certified regulatory program pursuant to Section 21080.5. Any
site-specific effect of the project which was not analyzed as a
significant effect on the environment in the plan or other written
documentation required by Section 21080.5 is subject to this
division.
   (16) The selection, credit, and transfer of emission credits by
the South Coast Air Quality Management District pursuant to Section
40440.14 of the Health and Safety Code, until the repeal of that
section on January 1, 2012, or a later date.
   (c) If a lead agency determines that a proposed project, not
otherwise exempt from this division, would not have a significant
effect on the environment, the lead agency shall adopt a negative
declaration to that effect. The negative declaration shall be
prepared for the proposed project in either of the following
circumstances:
   (1) There is  no substantial   a
preponderance of  evidence, in light of the whole record before
the lead agency, that the project  may   would
not  have a significant effect on the environment.
   (2) An initial study identifies potentially significant effects on
the environment  , but (A)   and 
revisions in the project plans or proposals made by, or agreed to by,
the applicant before the proposed negative declaration and initial
study are released for public review  that  would avoid the
effects or mitigate the effects to a point where  clearly no
significant effect on the environment would occur, and (B) 
there is  no substantial   a preponderance of
 evidence, in light of the whole record before the lead agency,
that the project, as revised,  may   will not
 have a significant effect on the environment.
   (d) If  there is substantial evidence   the
lead agency finds  , in light of the whole record before the
lead agency, that  there is   a preponderance of
evidence that the project  may   will 
have a significant effect on the environment  that could not be
mitigated pursuant to paragraph (2) of subdivision (c) , an
environmental impact report shall be prepared.
   (e) (1) For the purposes of this section and this division,
substantial evidence includes fact, a reasonable assumption
predicated upon fact, or expert opinion supported by fact.
   (2) Substantial evidence is not argument, speculation,
unsubstantiated opinion or narrative, evidence that is clearly
inaccurate or erroneous, or evidence of social or economic impacts
that do not contribute to, or are not caused by, physical impacts on
the environment.
   (f) As a result of the public review process for a mitigated
negative declaration, including administrative decisions and public
hearings, the lead agency may conclude that certain mitigation
measures identified pursuant to paragraph (2) of subdivision (c) are
infeasible or otherwise undesirable. In those circumstances, the lead
agency, prior to approving the project, may delete those mitigation
measures and substitute for them other mitigation measures that the
lead agency finds, after holding a public hearing on the matter, are
equivalent or more effective in mitigating significant effects on the
environment to a less than significant level and that do not cause
any potentially significant effect on the environment. If those new
mitigation measures are made conditions of project approval or are
otherwise made part of the project approval, the deletion of the
former measures and the substitution of the new mitigation measures
shall not constitute an action or circumstance requiring
recirculation of the mitigated negative declaration.
   (g)  Nothing in this   This  
section  shall   does not  preclude a
project applicant or any other person from challenging, in an
administrative or judicial proceeding, the legality of a condition of
project approval imposed by the lead agency. If, however, any
condition of project approval set aside by either an administrative
body or court was necessary to avoid or lessen the likelihood of the
occurrence of a significant effect on the environment, the lead
agency's approval of the negative declaration and project shall be
invalid and a new environmental review process shall be conducted
before the project can be reapproved, unless the lead agency
substitutes a new condition that the lead agency finds, after holding
a public hearing on the matter, is equivalent to, or more effective
in, lessening or avoiding significant effects on the environment and
that does not cause any potentially significant effect on the
environment. 
   (h) (1) For a project that is subject to an environmental
regulation, any impact, potential impact, or cumulative impact for
which the project is subject to the environmental regulation shall be
presumed to be insignificant under this division unless a
preponderance of the evidence demonstrates that the specific impact,
potential impact, or cumulative impact is significant after giving
full effect to the environmental regulations.  
   (2) For the purposes of this subdivision, "project subject to an
environmental regulation" means a project included within, subject
to, or expressly exempt from, any plan, mitigation program, rule,
regulation, standard, or other requirement adopted by a federal,
state, regional, or local agency for the protection of human health
or the environment, including, but not limited to, those intended for
the protection or improvement of water or air quality, waste
management, habitat and natural community conservation, threatened or
endangered species, and climate change or greenhouse gas emissions.

   SEC. 2.    Section 21083 of the   Public
Resources Code   is amended to read: 
   21083.  (a) The Office of Planning and Research shall prepare and
develop proposed guidelines for the implementation of this division
by public agencies. The guidelines shall include objectives and
criteria for the orderly evaluation of projects and the preparation
of environmental impact reports and negative declarations in a manner
consistent with this division.
   (b) The guidelines shall specifically include criteria for public
agencies to follow in determining whether or not a proposed project
may have a "significant effect on the environment." The criteria
shall require a finding that a project may have a "significant effect
on the environment" if one or more of the following conditions
exist:
   (1) A proposed project has the potential to degrade the quality of
the environment, curtail the range of the environment, or to achieve
short-term, to the disadvantage of long-term, environmental goals.
   (2)  (A)    The possible effects of a project
are individually limited but cumulatively considerable. As used in
this paragraph, "cumulatively considerable" means that the
incremental effects of an individual project are considerable when
viewed in connection with the effects of past projects, the effects
of other current projects, and the effects of  probable
  reasonably foreseeable  future projects. 
   (B) For the purpose of this paragraph, "reasonably foreseeable
future project" is a project that is proposed or approved 90 days
before the issuance of the notice of preparation of the environmental
impact report or 30 days prior to the circulation of a negative
declaration or a mitigated negative declaration. 
   (3) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly.
   (c) The guidelines shall include procedures for determining the
lead agency pursuant to Section 21165.
   (d) The guidelines shall include criteria for public agencies to
use in determining when a proposed project is of sufficient
statewide, regional, or areawide environmental significance that a
draft environmental impact report, a proposed negative declaration,
or a proposed mitigated negative declaration shall be submitted to
appropriate state agencies, through the State Clearinghouse, for
review and comment prior to completion of the environmental impact
report, negative declaration, or mitigated negative declaration.
   (e) The Office of Planning and Research shall develop and prepare
the proposed guidelines as soon as possible and shall transmit them
immediately to the Secretary of the  Natural  Resources
Agency. The Secretary of the  Natural  Resources Agency
shall certify and adopt the guidelines pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, which shall become effective upon the filing
 thereof   of the guidelines  . However,
the guidelines shall not be adopted without compliance with Sections
11346.4, 11346.5, and 11346.8 of the Government Code.
   (f)  The Office of Planning and Research shall, at least once
every two years, review the guidelines adopted pursuant to this
section and shall recommend proposed changes or amendments to the
Secretary of the  Natural  Resources Agency. The Secretary
of the  Natural  Resources Agency shall certify and adopt
guidelines, and any amendments thereto, at least once every two
years, pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, which shall
become effective upon the filing thereof. However, guidelines
 may   shall  not be adopted or amended
without compliance with Sections 11346.4, 11346.5, and 11346.8 of the
Government Code.
   SEC. 3.    Section 21084 of the   Public
Resources Code   is amended to read: 
   21084.  (a) The guidelines prepared and adopted pursuant to
Section 21083 shall include a list of classes of projects 
which   that  have been determined not to have a
significant effect on the environment and  which 
 that  shall be exempt from this division. In adopting the
guidelines, the Secretary of the  Natural  Resources Agency
shall make a finding that the listed classes of projects referred to
in this section do not have a significant effect on the environment.

   (b) A project's greenhouse gas emissions shall not, in and of
themselves, be deemed to cause an exemption adopted pursuant to
subdivision (a) to be inapplicable if the project complies with
applicable legal requirements adopted to implement statewide,
regional, or local plans consistent with Section 15183.5 of Title 14
of the California Code of Regulations.  
   (b) No project which 
    (c)     A project   that  may
result in damage to scenic resources, including, but not limited to,
trees, historic buildings, rock outcroppings, or similar resources,
within a highway designated as an official state scenic highway,
pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of
Division 1 of the Streets and Highways Code, shall  not  be
exempted from this division pursuant to subdivision (a). This
subdivision does not apply to improvements as mitigation for a
project for which a negative declaration has been approved or an
environmental impact report has been certified. 
   (c) No 
    (d)     A  project located on a site
 which   that  is included on any list
compiled pursuant to Section 65962.5 of the Government Code shall
 not  be exempted from this division pursuant to subdivision
(a). 
   (d) 
    (e)  The changes made to this section by Chapter 1212 of
the Statutes of 1991 apply only to projects for which applications
have not been deemed complete on or before January 1, 1992, pursuant
to Section 65943 of the Government Code. 
   (e) No 
    (f)     A  project that may cause a
substantial adverse change in the significance of an historical
resource, as specified in Section 21084.1, shall  not  be
exempted from this division pursuant to subdivision (a).
   SEC. 4.    Section 21169.11 of the  Public
Resources Code   is amended to read: 
   21169.11.  (a) At any time after a petition has been filed
pursuant to this division, but at least 30 days before the hearing on
the merits, a party may file a motion requesting the court to impose
a sanction for a frivolous claim made in the course of an action
brought pursuant to this division.
   (b) If the court determines that a claim is frivolous, the court
may impose an appropriate sanction, in an amount up to  ten
  twenty  thousand dollars  ($10,000)
  ($20,000)  , upon the attorneys, law firms, or
parties responsible for the violation.
   (c) For purposes of this section, "frivolous" means totally and
completely without merit.
   (d) (1) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
   (2) Notwithstanding paragraph (1), the sanction provided pursuant
to this section shall apply to an action filed on or before December
31, 2015.
   SEC. 5.    Section 21177 of the   Public
Resources Code   , as amended by Section 11 of Chapter 496
of the Statutes of 2010, is amended to read: 
   21177.  (a) An action or proceeding shall not be brought pursuant
to Section 21167 unless the alleged grounds for noncompliance with
this division were presented to the public agency orally or in
writing by any person during the public comment period provided by
this division or prior to the close of the public hearing on the
project before the issuance of the notice of determination.
   (b) A person shall not maintain an action or proceeding unless
that person objected to the approval of the project orally or in
writing during the public comment period provided by this division or
prior to the close of the public hearing on the project before the
filing of the notice of determination  pursuant to Sections
21108 and 21152  . 
   (c) (1) This division does not require a public agency to consider
written materials submitted after the close of the public comment
period, unless those materials address any of the following matters:
 
   (A) New issues raised in the response to comments by the lead
agency.  
   (B) New information released by the responsible agency subsequent
to the release of the proposed final environmental impact report,
such as new information set forth or embodied in a staff report,
proposed permit, proposed resolution or ordinance, or similar
legislative document.  
   (C) Changes made to the project after the close of the public
comment period.  
   (D) Proposed conditions for approval of a project, new mitigation
measures for a project included in a revised environmental document,
or proposed findings required by Section 21081 or a proposed
mitigation and monitoring program required by paragraph (1) of
subdivision (a) of Section 21081.6, if the public agency releases
those documents subsequent to the release of the proposed final
environmental document.  
   (E) New information that was not known and could not have been
known with reasonable diligence during the public comment period.
 
   (2) If a lead agency elects not to consider written materials
submitted after the close of the public comment period, the lead
agency is not required to respond to that written material, and that
written material shall not be raised in an action or proceeding
brought pursuant to Section 21167.  
   (c) 
    (d)  This section does not preclude any organization
formed after the approval of a project from maintaining an action
pursuant to Section 21167 if a member of that organization has
complied with subdivisions (a) and (b). The grounds for noncompliance
may have been presented directly by a member or by a member agreeing
with or supporting the comments of another person. 
   (d) 
    (e)  This section does not apply to the Attorney
General. 
   (e) 
    (f)  This section does not apply to any alleged grounds
for noncompliance with this division for which there was no public
hearing or other opportunity for members of the public to raise those
objections orally or in writing prior to the approval of the
project, or if the public agency failed to give the notice required
by law. 
   (f) 
    (g)     (1)    This section
shall remain in effect only until January 1, 2016, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2016, deletes or extends that date. 
   (2) Notwithstanding paragraph (1), this section shall apply to all
projects for which a notice of preparation for an environmental
impact report or a draft negative declaration have been issued on or
before December 31, 2016. 
   SEC. 6.    Section 21177 of the   Public
Resources Code   , as added by Section 12 of Chapter 496 of
the Statutes of 2010, is amended to read:
   21177.  (a) An action or proceeding shall not be brought pursuant
to Section 21167 unless the alleged grounds for noncompliance with
this division were presented to the public agency orally or in
writing by any person during the public comment period provided by
this division or prior to the close of the public hearing on the
project before the issuance of the notice of determination.
   (b) A person shall not maintain an action or proceeding unless
that person objected to the approval of the project orally or in
writing during the public comment period provided by this division or
prior to the close of the public hearing on the project before the
filing of notice of determination  pursuant to Sections 21108
and 21152  . 
   (c) (1) This division does not require a public agency to consider
written materials submitted after the close of the public comment
period, unless those materials address any of the following matters:
 
   (A) New issues raised in the response to comments by the lead
agency.  
   (B) New information released by the responsible agency subsequent
to the release of the proposed final environmental impact report,
such as new information set forth or embodied in a staff report,
proposed permit, proposed resolution or ordinance, or similar
legislative document.  
   (C) Changes made to the project after the close of the public
comment period.  
   (D) Proposed conditions for approval of a project, new mitigation
measures for a project included in a revised environmental document,
or proposed findings required by Section 21081 or a proposed
mitigation and monitoring program required by paragraph (1) of
subdivision (a) of Section 21081.6, if the public agency releases
those documents subsequent to the release of the proposed final
environmental document.  
   (E) New information that was not known and could not have been
known with reasonable diligence during the public comment period.
 
   (2) If a lead agency elects not to consider written materials
submitted after the close of the public comment period, the lead
agency is not required to respond to that written material, and that
written material shall not be raised in an action or proceeding
brought pursuant to Section 21167.  
   (c) 
    (d)  This section does not preclude any organization
formed after the approval of a project from maintaining an action
pursuant to Section 21167 if a member of that organization has
complied with subdivision (b). 
   (d) 
    (e)  This section does not apply to the Attorney
General. 
   (e) 
    (f)  This section does not apply to any alleged grounds
for noncompliance with this division for which there was no public
hearing or other opportunity for members of the public to raise those
objections orally or in writing prior to the approval of the
project, or if the public agency failed to give the notice required
by law. 
   (f) 
    (g)  This section shall become operative on January 1,
2016.
   SEC. 7.    Section 21178 is added to the  
Public Resources Code   , to read:  
   21178.  (a) In reviewing a motion filed pursuant to Section 1021.5
of the Code of Civil Procedure for the recovery of attorney's fees
for an action or proceeding brought pursuant to this division, the
court shall also consider the following factors:
   (1) Whether the time spent on an unsuccessful claim was reasonably
incurred.
   (2) The complexity and skill involved in the litigation of the
claims upon which relief is granted.
   (3) The skill used in the attorney's representation as compared to
other similarly situated attorneys.
   (4) Other factors deemed appropriate by the court.
   (b) The court shall disallow fees for any unsuccessful claim
unless that claim contributed to a successful claim brought pursuant
to this division and the court may, in its discretion, reduce the fee
award based upon the proportion of claims that were unsuccessful.

   SEC. 8.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.  
  SECTION 1.    Section 11502 of the Food and
Agricultural Code is amended to read:
   11502.  The director shall adopt regulations that govern the
conduct of the business of pest control.