Bill Text: CA SB659 | 2019-2020 | Regular Session | Amended

California Senate Bill 659 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: California Environmental Quality Act: attorney’s fees: infill housing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB659 Detail]

Download: California-2019-SB659-Amended.html

Amended IN Senate March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 659

Introduced by Senator Borgeas

February 22, 2019

~~An act to amend Section 22160 of the Public Contract Code, relating to public contracts.~~ An act to add Section 21175 to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

SB 659, as amended, Borgeas. ~~Local agency design-build projects.~~ California Environmental Quality Act: attorney’s fees: infill housing.

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 impact on the environment or to adopt a negative declaration if it finds that the project will not have that impact. CEQA establishes procedures by which certain parties may file an action or proceeding challenging the lead agency’s action on the ground of noncompliance with CEQA.
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.
This bill would require a court, in an action or proceeding brought under CEQA on a project involving the development of housing at an infill site, to award reasonable attorney’s fees to a prevailing respondent or real party in interest.
Existing law states that the Legislature finds and declares that the design-build method of project delivery, using a best value procurement methodology, has been authorized for various agencies that have reported benefits from those projects, including reduced project costs, expedited project completion, and design features that are not achievable through the traditional design-bid-build method.
~~This bill would make a nonsubstantive change to that finding and declaration of the Legislature.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

Section 21175 is added to the Public Resources Code, to read:

21175.
(a) The court shall, upon motion of a party, award reasonable attorney’s fees to a prevailing party, as defined in Section 1032 of the Code of Civil Procedure, that is the respondent or real party in interest in an action or proceeding filed pursuant to this division. If the respondent and real party in interest prevail on some, but not all, of the claims made in the action or proceeding, the court shall determine the reasonable attorney’s fee based on the relative percentage of each claim on which the respondent and real party in interest prevail relative to the entirety of the action or proceeding.
(b) This section only applies to an action or proceeding related to a project involving the development of housing at an infill site.

SECTION 1.Section 22160 of the Public Contract Code is amended to read:
22160.
(a)The Legislature finds and declares that the design-build method of project delivery, using a best value procurement methodology, has been authorized for various agencies that have reported benefits from those projects, including reduced project costs, expedited project completion, and design features that are not achievable through the traditional design-bid-build method.
~~(b)It is the intent of the Legislature that the following occur:~~
~~(1)This chapter provides general authorization for local agencies to use design-build for projects, excluding projects on the state highway system.~~
~~(2)This chapter shall not be deemed to provide a preference for the design-build method over other procurement methodologies.~~