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SB-1340 California Environmental Quality Act: housing projects.(2017-2018)

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Date Published: 02/16/2018 09:00 PM
SB1340:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1340


Introduced by Senator Glazer
(Coauthor: Senator Wilk)

February 16, 2018


An act to add Section 21168.15 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 1340, as introduced, Glazer. California Environmental Quality Act: housing projects.
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 effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect 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 effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA.
This bill would require the Judicial Council, by July 1, 2019, to adopt a rule of court establishing procedures applicable to actions or proceedings seeking judicial review pursuant to CEQA of a lead agency’s action, as specified, for a housing project. The bill would prohibit the court, in an action or proceeding brought alleging a violation of CEQA, from staying or enjoining the siting, construction, or operation of a housing project, except as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 21168.15 is added to the Public Resources Code, to read:

21168.15.
 (a) On or before July 1, 2019, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a housing project or the granting of any housing project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within 270 days of certification of the record of proceedings.
(b) (1) Notwithstanding any other law, in granting relief in an action or proceeding brought pursuant to this division challenging housing project, the court shall not stay or enjoin the siting, construction, or operation of the housing project unless the court finds either of the following:
(A) The continued construction or operation of the project presents an imminent threat to public health and safety.
(B) The 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 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 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.