Bill Text: CA AB3051 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 3051 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: California Environmental Quality Act: judicial challenge: identification of contributors.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-05-06 - Re-referred to Com. on NAT. RES. [AB3051 Detail]

Download: California-2019-AB3051-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3051

Introduced by Assembly Member Diep

February 21, 2020

An act to add Section 21172 to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

AB 3051, as introduced, Diep. Environmental quality: California Environmental Quality Act: housing developments.

The California Environmental Quality Act 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. The act 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. The act establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to the act. Existing law requires the Judicial Council to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a public agency’s action in certifying the environmental impact report and in granting approval for certain projects to require the action or proceeding, including any potential appeals, to be resolved within 270 days of the filing of the certified record of proceedings with the court.

This bill would extend the application of the above-described rule of court to actions or proceedings seeking judicial review of a public agency’s action in certifying the environmental impact report and in granting approval for housing developments, as defined. The bill would require the Judicial Council, by July 1, 2021, to make necessary amendments to the rules of court to implement this requirement. The bill would prohibit a court from staying or enjoining those housing developments unless it makes specified findings.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 21172 is added to the Public Resources Code, to read:

21172.

(a) For the purposes of this section, “housing development” means any activity related to the new construction of houses or dwelling units for the primary purpose of providing decent, safe, and sanitary housing for persons and families of all income levels. A housing development includes, but is not limited to, any building, land, equipment, facilities, or other real or personal property that a local agency determines to be necessary or convenient in connection with the provision of housing, including, but not limited to, streets, sewers, utilities, parks, site preparation, landscaping, and other nonhousing facilities, such as administrative, community, health, recreational, educational, and commercial facilities, and that the local agency determines are an integral part of a housing development.

(b) Notwithstanding any other law, the procedures established pursuant to subdivision (c) shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a housing development or the granting of any approvals for a housing development.

(c) Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification or adoption of any environmental impact report for a housing development or the granting of any project approvals, to require 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 proceedings with the court. On or before July 1, 2021, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this subdivision.

(d) (1) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a housing development unless the court finds either of the following:

(A) The continued construction or operation of the housing development presents an imminent threat to the public health and safety.

(B) The site of the housing development contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the housing development unless the court stays or enjoins the construction or operation of the housing development.

(2) If the court finds that subparagraph (A) or (B) of paragraph (1) is satisfied, the court shall only enjoin those specific activities associated with the housing development that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values.