Today's Law As Amended


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AB-1905 Environmental quality: judicial review: transportation projects.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 21168.6.7 is added to the Public Resources Code, to read:

21168.6.7.
 (a) This section shall only apply to a transportation project that would, based on the lead agency’s findings, reduce total vehicle miles traveled, that is included in a sustainable communities strategy approved by a metropolitan planning organization pursuant to Section 65080 of the Government Code, and for which an environmental impact report has been certified.
(b) In any action or proceeding to attack, review, set aside, void, or annul the certification of an environmental impact report for a transportation project or the granting of such a project’s approval, the court shall not stay or enjoin the construction or operation of the transportation project unless the court finds either of the following:
(1) The continued construction or operation of the transportation project presents an imminent threat to the public health and safety.
(2) The transportation project 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 transportation project unless the court stays or enjoins the construction or operation of the transportation project.
(c) If the court finds that paragraph (1) or (2) of subdivision (b) is satisfied, the court shall only enjoin those specific activities associated with the transportation 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.