Today's Law As Amended

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AB-2856 California Environmental Quality Act: housing development projects.(2017-2018)



SECTION 1.

 Section 21168.11 is added to the Public Resources Code, to read:

21168.11.
 (a) For purposes of this section, “housing development project” or “project” means any activity related to the construction of new houses or dwelling units for the primary purpose of providing decent, safe, and sanitary housing for persons and families of all income levels.
(b) (1) Notwithstanding any other law, in granting relief in an action or proceeding brought pursuant to this division challenging a housing development project, the court shall not stay or enjoin the siting, construction, or operation of the project unless the court finds either of the following:
(A) The continued construction or operation of the housing development project presents an imminent threat to public health and safety.
(B) The housing development project site contains unforeseen important Native American artifacts or unforeseen important historical or archaeological values that would be materially, permanently, and adversely affected by the continued construction or operation of the project unless the courts stays or enjoins the construction or operation of the project.
(2) If the court finds that subparagraph (A) or (B) of paragraph (1) is satisfied, the court shall only enjoin those specific activities associated with the housing development project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical or archaeological values.