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AB-978 California Environmental Quality Act: housing projects: judicial review: bonds.(2023-2024)

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Date Published: 04/04/2023 09:00 PM
AB978:v98#DOCUMENT

Amended  IN  Assembly  April 04, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 978

Introduced by Assembly Member Joe Patterson
(Coauthor: Assembly Member Gallagher)

February 15, 2023

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


LEGISLATIVE COUNSEL'S DIGEST


AB 978, as amended, Joe Patterson. California Environmental Quality Act: housing projects: 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.
This bill would require a person seeking judicial review of the decision of a lead agency made pursuant to CEQA to carry out or approve a housing project to post a bond of $500,000 $1,000,000 to cover the costs and damages to the 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 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 a housing project, the court, upon motion by the respondent or real party in interest, or on its own motion, shall require the petitioner to post a bond of five hundred thousand dollars ($500,000) one million dollars ($1,000,000) to cover the costs and damages to the 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.