Bill Text: CA AB455 | 2015-2016 | Regular Session | Introduced

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Bill Title: Groundwater sustainability plans: environmental impact reports.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB455 Detail]

Download: California-2015-AB455-Introduced.html

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BILL NUMBER: AB 455	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bigelow

                        FEBRUARY 23, 2015

   An act to add Section 21168.6.9 to the Public Resources Code, and
to amend Section 10728.6 of the Water Code, relating to groundwater
management.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 455, as introduced, Bigelow. Groundwater sustainability plans:
environmental impact reports.
   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 (EIR) 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 establishes a
procedure for the filing of an action or proceeding challenging a
lead agency's action on the grounds of noncompliance with CEQA.
   Existing law, the Sustainable Groundwater Management Act, requires
all groundwater basins designated as high- or medium-priority basins
by the Department of Water Resources that are designated as basins
subject to critical conditions of overdraft to be managed under a
groundwater sustainability plan or coordinated groundwater
sustainability plans by January 31, 2020, and requires all other
groundwater basins designated as high- or medium-priority basins to
be managed under a groundwater sustainability plan or coordinated
groundwater sustainability plans by January 31, 2022, except as
specified. The act exempts the preparation and adoption of a
groundwater sustainability plan or coordinated groundwater
sustainability plan from the provisions of CEQA, but does not exempt
a project that would implement actions taken pursuant to the plan.
   This bill would require the Judicial Council, on or before July 1,
2016, to adopt a rule of court to establish procedures applicable to
actions or proceedings brought to attack, review, set aside, void,
or annul the certification of an EIR for projects covered by a
groundwater sustainability plan that require the actions or
proceedings be resolved within 270 days of certification of the
record of proceeding. The bill would also prohibit the court from
staying or enjoining the construction or operation of the project
unless the court makes a certain finding.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21168.6.9 is added to the Public Resources
Code, to read:
   21168.6.9.  (a) For purposes of this section, "project" means a
project that would implement actions taken pursuant to a plan adopted
pursuant to the Sustainable Groundwater Management Act (Part 2.74
(commencing with Section 10720) of Division 6 of the Water Code).
   (b) On or before July 1, 2016, the Judicial Council shall adopt a
rule of court to establish procedures applicable to actions or
proceedings brought to attack, review, set aside, void, or annul the
certification of an environmental impact report for a project that
requires the actions or proceedings, including any potential appeals
therefrom, be resolved within 270 days of certification of the record
of proceedings.
   (c) In granting relief in an action or proceeding brought pursuant
to this section, the court shall not stay or enjoin the construction
or operation of the project unless the court finds either of the
following:
   (1) The continued construction or operation of the project
presents an imminent threat to the public health and safety.
   (2) The project site 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
project.
   (d) If the court makes a finding described in subdivision (c), the
court shall only enjoin those specific activities associated with
the project 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.
  SEC. 2.  Section 10728.6 of the Water Code is amended to read:
   10728.6.  Division 13 (commencing with Section 21000) of the
Public Resources Code does not apply to the preparation and adoption
of plans pursuant to this chapter. Nothing in this part shall be
interpreted as exempting from Division 13 (commencing with Section
21000) of the Public Resources Code a project that would implement
actions taken pursuant to a plan adopted pursuant to this chapter.
 Notwithstanding any other law, the procedures established
pursuant to Section 21168.6.9 of the Public Resources Code shall
apply to an action or proceeding brought to attack, renew, set aside,
void, or annul the certification of the environmental impact report
for such a project.