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 authorizes a court, in an action or proceeding brought challenging the decision of a public agency on the ground of noncompliance with CEQA, to enter an order to suspend any specific
project activity if the court finds that the activity will prejudice the consideration and implementation of particular mitigation measures or alternatives to the project. CEQA provides that, except as otherwise specified, it is not intended to limit the equitable powers of the courts.
This bill would require the Judicial Council, by July 1, 2020, to adopt a rule of court applicable to an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an affordable housing project, as defined, or the granting of an approval of an affordable housing project that requires the action or proceeding, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceeding with the court. The bill would provide that these provisions do not apply to an affordable housing project if it is in certain locations.
The bill would repeal these provisions on January 1, 2025.
This bill would require the Judicial Council, in coordination with the Office of Planning and Research, on or before specified dates, to report to the Legislature specified information relating to actions or proceedings brought pursuant to CEQA. The bill would repeal these provisions on January 1, 2025.
This bill would state the intent of the Legislature to enact subsequent legislation that would provide additional funding to the courts to enable the courts to adjudicate, in an expeditious manner, actions or proceedings filed pursuant to CEQA.