Bill would require CEQA petitioners to disclose funders of more than $1,000

A newly-introduced bill in Sacramento would force petitioners in California Environmental Quality Act lawsuits to disclose all sources of funding above $1,000.

SB 1378 comes from Sen. Andreas Borgeas, R-Fresno, a law professor. Borgeas, along with several other Republican and some Democratic legislators, have argued CEQA drives up the cost of housing in the state by encouraging frivolous lawsuits against developments.

"The governor and Legislature recognize that housing affordability and availability is the biggest crisis facing this state," said Borgeas in an email. "The governor has stated before that CEQA reform is a necessary component to addressing the housing crisis. This is a step in the right direction."

The bill would require plaintiffs "to identify any pecuniary or business interest related to the project," and would allow a judge to consider the disclosed information when determining attorney fees. Failure to comply with the law would also be grounds for dismissal of a case.

Some groups in high-priced cities like Los Angeles and San Francisco have held online fundraisers to file CEQA lawsuits to block developments they oppose.

Last year Borgeas introduced SB 659, which would have allowed the prevailing party in a CEQA suit over an infill housing project to recovery attorney fees. That bill was meant to discourage frivolous CEQA lawsuits, but it stalled in the committee process.

-- Malcolm Maclachlan