Today's Law As Amended


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AB-3297 California Environmental Quality Act: projects for the development of new housing units: judicial review.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 21168.5 of the Public Resources Code is amended to read:

21168.5.
 (a)  In any action or proceeding, other than an action or proceeding under Section 21168, to attack, review, set aside, void or annul a determination, finding, or decision of a public agency on the grounds of noncompliance with this division, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the public  agency has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence.
(b) For purposes of subdivision (a), in an action or proceeding challenging a public agency’s action for a project for the development of new housing units, prejudicial abuse of discretion occurred if the court finds that the grounds of noncompliance with this division likely affected the decision of the public agency to approve the project and significantly affected the general public’s ability to evaluate the project’s overall impacts.

SEC. 2.

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

21168.11.
 Notwithstanding Section 904 of the Code of Civil Procedure, a party’s right of review of a judgment of the superior court concerning a determination or decision of a public agency made pursuant to this division for a project for the development of new housing units shall only be pursuant to a petition for a peremptory writ of mandate filed with the court of appeal. The petition for a peremptory writ of mandate shall be filed within 60 days of service of the notice of entry of judgment. The court of appeal shall issue an alternative writ or order to show cause only with respect to a ground for noncompliance with this division in which the party seeking review has at least a 50 percent chance of prevailing.

SEC. 3.

 Section 21177 of the Public Resources Code is amended to read:

21177.
 (a) An (1)  Except as provided in paragraph (2), an  action or proceeding shall not be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing by any person during the public comment period provided by this division or before the close of the public hearing on the project before the issuance of the notice of determination.
(2) Notwithstanding paragraph (1), an action or proceeding challenging a public agency’s action for a project for the development of new housing units shall not be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing by any person during the public comment period provided in this division in connection with the version of the environmental impact report in which the alleged grounds first appeared.
(b) A person shall not maintain an action or proceeding unless that person objected to the approval of the project orally or in writing during the public comment period provided by this division or before the close of the public hearing on the project before the filing of notice of determination pursuant to Sections 21108 and 21152.
(c) This section does not preclude any organization formed after the approval of a project from maintaining an action pursuant to Section 21167 if a member of that organization has complied with subdivision (b).
(d) This section does not apply to the Attorney General.
(e) This section does not apply to any alleged grounds for noncompliance with this division for which there was no public hearing or other opportunity for members of the public to raise those objections orally or in writing before the approval of the project, or if the public agency failed to give the notice required by law.