Today's Law As Amended


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ACA-22 Environmental quality: California Environmental Quality Act: housing projects: injunctions: exemptions.(2019-2020)



As Amends the Law Today


That Article XXXVI is added thereto, to read:

Article  XXXVI Environmental Quality
SECTION 1.
 For purposes of this article, the following definitions apply:
(a) “CEQA” means the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(b) “Housing project” means a project for the development of residential units. Housing project includes a mixed-use development project, in which a portion of the project involves residential development.
SEC 2.
 (a) In granting relief in an action or proceeding brought under CEQA, the court shall not enjoin a housing project unless the court finds either of the following:
(1) The continuation of the housing project presents an imminent threat to the public health and safety.
(2) The housing project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continuation of the housing project unless the court stays or enjoins the housing project.
(b) If the court finds that either paragraph (1) or (2) of subdivision (a) is satisfied, the court shall only enjoin those specific activities associated with the housing 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, archaeological, or ecological values.
SEC 3.
 (a) Notwithstanding any provision of this Constitution and except as provided in subdivision (b), the Legislature shall not enact legislation to exempt a project from the requirements of CEQA unless the project is any of the following:
(1) A housing project.
(2) A project for the development of infrastructure for roadways, as defined in Section 530 of the Vehicle Code.
(3) A project that addresses an emergency circumstance for which the Governor has declared a state of emergency pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).
(b) This section does not abrogate, abridge, alter, or affect exemptions from CEQA in existence as of the effective date of this section.