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AB-2445 California Environmental Quality Act: affordable housing: judicial review: bonds.(2021-2022)

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Date Published: 04/05/2022 09:00 PM
AB2445:v98#DOCUMENT

Amended  IN  Assembly  April 05, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2445

Introduced by Assembly Member Gallagher
(Coauthor: Assembly Member Grayson)

February 17, 2022

An act to add Section 21167.10 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 2445, as amended, Gallagher. California Environmental Quality Act: affordable housing: judicial review: bonds.
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.
Existing law, in a civil action, including an action brought pursuant to CEQA, brought by a plaintiff challenging a housing project that is a development project meeting or exceeding the requirements for low- or moderate-income housing and in bringing the action or seeking relief has the effect of preventing or delaying the project, authorizes the defendant to apply to the court by noticed motion, on specified grounds, for an order requiring the plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant.
This bill would authorize the court, upon motion or on its own motion, to require a person seeking judicial review of the decision of a lead agency made pursuant to CEQA to carry out or approve an affordable housing project to post a bond of $500,000 to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest. The bill would authorize the court to waive or adjust this bond requirement upon a finding of good cause to believe that the requirement does not further the interest of justice.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 21167.10 is added to the Public Resources Code, immediately following Section 21167.9, to read:

21167.10.
 (a)Except as provided in subdivision (b), in In an action or proceeding to attack, review, set aside, void, or annul a determination, finding, or decision of a public agency made pursuant to this division to carry out or approve an affordable housing project, the court, upon motion by the respondent or real party in interest, or on its own motion, shall may require the petitioner to post a bond of five hundred thousand dollars ($500,000) to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest.

(b)A court may waive or adjust the bond requirement of subdivision (a) to the extent the court finds there is good cause to believe that requirement does not further the interest of justice.