Bill Text

Bill Information


Bill PDF |Add To My Favorites | print page

AB-1152 Public agencies: causes of action: local planning and zoning: California Environmental Quality Act.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 04/04/2023 09:00 PM
AB1152:v98#DOCUMENT

Amended  IN  Assembly  April 04, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1152

Introduced by Assembly Members Joe Patterson and Megan Dahle

February 16, 2023

An act to add Sections 21080.44 and 21080.45 amend Section 65009 of the Government Code, and to add Section 21167.9.5 to the Public Resources Code, relating to environmental quality. public agencies.


LEGISLATIVE COUNSEL'S DIGEST


AB 1152, as amended, Joe Patterson. California Environmental Quality Act: exemption: recycled water. Public agencies: causes of action: local planning and zoning: California Environmental Quality Act.
(1) Existing law, the Planning and Zoning law, generally requires that an action or proceeding challenging specified decisions of a public agency be commenced, and service made on the legislative body of the agency, within 90 days after the legislative body’s decision.
This bill would stay any timing requirements associated with conditions of approval identified in a local zoning and planning decision during a lawsuit challenging a city, county, or city and county’s zoning and planning decision. By extending conditions of approval identified in local zoning and planning decisions, this bill would impose a state-mandated local program.

Existing

(2) Existing law, 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 exempts certain projects from its requirements. CEQA requires that an action or proceeding to attack, review, set aside, void, or annul specified acts or decisions of a public agency on the grounds of noncompliance with CEQA be commenced in accordance with specified timeframes.

This bill would exempt from CEQA a project to construct or expand a recycled water pipeline for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor if the project meets specified criteria. Because a lead agency would be required to determine if a project qualifies for this exemption, this bill would impose a state-mandated local program. The bill would also exempt from CEQA the development and approval of building standards by state agencies for recycled water systems.

This bill would require the time period for expiration of, and any timing requirements associated with conditions of approval identified in, a permit, agreement, or other entitlement for a project approved by a public agency to be stayed during the pendency of a legal action or proceeding challenging the approval of the project brought pursuant to CEQA. Because a public agency would be required to determine if a project qualifies for this time extension and by extending conditions of approval, this bill would impose a state-mandated local program.

The

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 21080.44 is added to the Public Resources Code, to read:
21080.44.

This division does not apply to a project that is approved or carried out by a public agency for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor if the project also meets either of the following:

(a)The project consists of construction or expansion of a recycled water pipeline, directly related infrastructure within existing rights-of-way, and directly related groundwater replenishment, if the project does not affect wetlands or sensitive habitat, and where the construction impacts are fully mitigated consistent with applicable law.

(b)The project consists of construction or expansion of a recycled water pipeline located on or adjacent to a critically overdrafted groundwater basin, as designated by the Department of Water Resources pursuant to Section 12924 of the Water Code, which suffers from an undesirable result, as defined in Section 10721 of the Water Code.

SEC. 2.Section 21080.45 is added to the Public Resources Code, to read:
21080.45.

This division does not apply to the development and approval of building standards by state agencies for recycled water systems.

SECTION 1.

 Section 65009 of the Government Code is amended to read:

65009.
 (a) (1) The Legislature finds and declares that there currently is a housing crisis in California and it is essential to reduce delays and restraints upon expeditiously completing housing projects.
(2) The Legislature further finds and declares that a legal action or proceeding challenging a decision of a city, county, or city and county has a chilling effect on the confidence with which property owners and local governments can proceed with projects. Legal actions or proceedings filed to attack, review, set aside, void, or annul a decision of a city, county, or city and county pursuant to this division, including, but not limited to, the implementation of general plan goals and policies that provide incentives for affordable housing, open-space and recreational opportunities, and other related public benefits, can prevent the completion of needed developments even though the projects have received required governmental approvals.
(3) The purpose of this section is to provide certainty for property owners and local governments regarding decisions made pursuant to this division.
(b) (1) In an action or proceeding to attack, review, set aside, void, or annul a finding, determination, or decision of a public agency made pursuant to this title at a properly noticed public hearing, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the public agency prior to, or at, the public hearing, except where the court finds either of the following:
(A) The issue could not have been raised at the public hearing by persons exercising reasonable diligence.
(B) The body conducting the public hearing prevented the issue from being raised at the public hearing.
(2) If a public agency desires the provisions of this subdivision to apply to a matter, it shall include in any public notice issued pursuant to this title a notice substantially stating all of the following: “If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or prior to, the public hearing.”
(3) The application of this subdivision to causes of action brought pursuant to subdivision (d) applies only to the final action taken in response to the notice to the city or clerk of the board of supervisors. If no final action is taken, then the issue raised in the cause of action brought pursuant to subdivision (d) shall be limited to those matters presented at a properly noticed public hearing or to those matters specified in the notice given to the city or clerk of the board of supervisors pursuant to subdivision (d), or both.
(c) (1) Except as provided in subdivision (d), no action or proceeding shall be maintained in any of the following cases by any person unless the action or proceeding is commenced and service is made on the legislative body within 90 days after the legislative body’s decision:
(A) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a general or specific plan. This paragraph does not apply where an action is brought based upon the complete absence of a general plan or a mandatory element thereof, but does apply to an action attacking a general plan or mandatory element thereof on the basis that it is inadequate.
(B) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a zoning ordinance.
(C) To determine the reasonableness, legality, or validity of any decision to adopt or amend any regulation attached to a specific plan.
(D) To attack, review, set aside, void, or annul the decision of a legislative body to adopt, amend, or modify a development agreement. An action or proceeding to attack, review, set aside, void, or annul the decisions of a legislative body to adopt, amend, or modify a development agreement shall only extend to the specific portion of the development agreement that is the subject of the adoption, amendment, or modification. This paragraph applies to development agreements, amendments, and modifications adopted on or after January 1, 1996.
(E) To attack, review, set aside, void, or annul any decision on the matters listed in Sections 65901 and 65903, or to determine the reasonableness, legality, or validity of any condition attached to a variance, conditional use permit, or any other permit.
(F) Concerning any of the proceedings, acts, or determinations taken, done, or made prior to any of the decisions listed in subparagraphs (A), (B), (C), (D), and (E).
(2) In the case of an action or proceeding challenging the adoption or revision of a housing element pursuant to this subdivision, the action or proceeding may, in addition, be maintained if it is commenced and service is made on the legislative body within 60 days following the date that the Department of Housing and Community Development reports its findings pursuant to subdivision (h) of Section 65585.
(d) (1) An action or proceeding shall be commenced and the legislative body served after the accrual of the cause of action as provided in this subdivision, if the action or proceeding meets both of the following requirements:
(A) It is brought in support of or to encourage or facilitate the development of housing that would increase the community’s supply of housing affordable to persons and families with low or moderate incomes, as defined in Section 50079.5 of the Health and Safety Code, or with very low incomes, as defined in Section 50105 of the Health and Safety Code, or middle-income households, as defined in Section 65008 of this code. This subdivision is not intended to require that the action or proceeding be brought in support of or to encourage or facilitate a specific housing development project.
(B) It is brought with respect to the adoption or revision of a housing element pursuant to Article 10.6 (commencing with Section 65580) of Chapter 3, actions taken pursuant to Section 65863.6, or Chapter 4.2 (commencing with Section 65913), or to challenge the adequacy of an ordinance adopted pursuant to Section 65915.
(2) (A) An action or proceeding challenging the adoption or revision of a housing element that the Department of Housing and Community Development has found to substantially comply with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 shall be commenced, and the legislative body shall be served, within six months after the accrual of the cause of action as provided in this subdivision.
(B) An action or proceeding challenging the adoption or revision of a housing element that the Department of Housing and Community Development has found does not substantially comply with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3, where the legislative body has failed to change the draft element or amendment to substantially comply with the requirements of Article 10.6 or has adopted the draft element or amendment without change and made findings pursuant to subdivision (f) of Section 65585, shall be commenced, and the legislative body shall be served, within one year after the accrual of the cause of action as provided in this subdivision.
(C) An action or proceeding challenging an action taken pursuant to Section 65863.6, or Chapter 4.2 (commencing with Section 65913), or to challenge the adequacy of an ordinance adopted pursuant to Section 65915 shall be served within 180 days after the accrual of the cause of action as provided in this subdivision.
(3) (A) A cause of action brought pursuant to this subdivision shall not be maintained until 60 days have expired following notice to the city or clerk of the board of supervisors by the party bringing the cause of action, or his or her the party’s representative, specifying the deficiencies of the general plan, specific plan, zoning ordinance, or other action described in subparagraph (B) of paragraph (1). A cause of action brought pursuant to this subdivision shall accrue 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first.
(B) This notice may be filed at any time within 270 days after an action described in subparagraph (A) of paragraph (2), two years after an action described in subparagraph (B) of paragraph (2), or 180 days after an action described in subparagraph (C) of paragraph (2).
(4) A notice or cause of action brought by one party pursuant to this subdivision shall not bar filing of a notice and initiation of a cause of action by any other party.
(5) After the adoption of a housing element covering the current planning period, no action shall be filed pursuant to this subdivision to challenge a housing element covering a prior planning period.
(e) (1) Upon the expiration of the time limits provided for in this section, all persons are barred from any further action or proceeding.
(2) The time period for expiration of, and any timing requirements associated with conditions of approval identified in, a local zoning and planning decision subject to legal actions or proceedings under this section shall be stayed during the pendency of any lawsuit challenging a city, county, or city and county’s zoning and planning decision.
(f) Notwithstanding Sections 65700 and 65803, or any other provision of law, this section shall apply to charter cities.
(g) Except as provided in subdivision (d), this section shall not affect any law prescribing or authorizing a shorter period of limitation than that specified herein.
(h) Except as provided in paragraph (4) of subdivision (c), subparagraph (D) of paragraph (1) of subdivision (c), this section shall be applicable to those decisions of the legislative body of a city, county, or city and county made pursuant to this division on or after January 1, 1984.

SEC. 2.

 Section 21167.9.5 is added to the Public Resources Code, to read:

21167.9.5.
 The time period for expiration of, and any timing requirements associated with conditions of approval identified in, a permit, agreement, or other entitlement for a project approved by a public agency shall be stayed during the pendency of a legal action or proceeding challenging the approval of the project brought pursuant to this division.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.