Bill Text: CA AB3297 | 2019-2020 | Regular Session | Amended
Bill Title: California Environmental Quality Act: projects for the development of new housing units: judicial review.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on NAT. RES. [AB3297 Detail]
Download: California-2019-AB3297-Amended.html
Amended
IN
Assembly
May 04, 2020 |
Introduced by Assembly Member Kiley |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
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 requires state agencies, boards, and commissions responsible for allocating state or federal funds on a project-by-project basis to local agencies for any project that may
have a significant effect on the environment to obtain from the responsible local governmental agency an environmental impact report, as specified, prior to the allocation of funds, with certain exceptions.
This bill would make nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21168.5 of the Public Resources Code is amended to read:21168.5.
(a) In any action or proceeding, other than an action or proceeding under Section 21168, to attack, review, set aside, void or annul a determination, finding, or decision of a public agency on the grounds of noncompliance with this division, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the public agency has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence.SEC. 2.
Section 21168.11 is added to the Public Resources Code, to read:21168.11.
Notwithstanding Section 904 of the Code of Civil Procedure, a party’s right of review of a judgment of the superior court concerning a determination or decision of a public agency made pursuant to this division for a project for the development of new housing units shall only be pursuant to a petition for a peremptory writ of mandate filed with the court of appeal. The petition for a peremptory writ of mandate shall be filed within 60 days of service of the notice of entry of judgment. The court of appeal shall issue an alternative writ or order to show cause only with respect to a ground for noncompliance with this division in which the party seeking review has at least a 50 percent chance of prevailing.SEC. 3.
Section 21177 of the Public Resources Code is amended to read:21177.
(a)State agencies, boards, and commissions, responsible for allocating state or federal funds on a project-by-project basis to local agencies for any project that may have a significant effect on the environment, shall require from the responsible local governmental agency a detailed statement setting forth the matters specified in Section 21100 before the allocation of any funds other than funds solely for projects
involving only feasibility or planning studies for possible future actions
that the agency, board, or commission has not approved, adopted, or funded.