Bill Text: CA AB641 | 2015-2016 | Regular Session | Amended

California Assembly Bill 641 (Prior Session Legislation)

Bill Title: Environmental quality: housing developments.

Spectrum: Partisan Bill (Independent 1-0)

Status: (Failed) 2015-06-08 - From committee: Without further action pursuant to Joint Rule 62(a). [AB641 Detail]

Download: California-2015-AB641-Amended.html

BILL NUMBER: AB 641	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member  Dahle   Mayes


                        FEBRUARY 24, 2015

    An act to amend Section 21082.2 of the Public Resources
Code, relating to the environment.   An act to add
Section 21172 to the Public Resources Code, relating to environmental
quality. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 641, as amended,  Dahle   Mayes  .
Environmental quality:  environmental impact reports.
  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.  
   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 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 procedures would
require the actions or proceedings, including any appeals therefrom,
to be resolved, to the extent feasible, within 270 days of the
certification of the record of proceedings. The bill would prohibit a
court from staying or enjoining those housing developments unless it
makes specified findings.  
   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 requires the lead
agency to determine whether a project may have a significant effect
on the environment based on substantial evidence in light of the
whole record.  
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated 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, 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) 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 the environmental impact report for a housing
development or the granting of any project approvals. These
procedures shall require the actions or proceedings, including any
potential appeals therefrom, to be resolved, to the extent feasible,
within 270 days of certification of the record of proceedings.
   (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.  
  SECTION 1.    Section 21082.2 of the Public
Resources Code is amended to read:
   21082.2.  (a) The lead agency shall determine whether a project
may have a significant effect on the environment based on substantial
evidence in light of the whole record.
   (b) The existence of public controversy over the environmental
effects of a project shall not require preparation of an
environmental impact report if there is no substantial evidence in
light of the whole record before the lead agency that the project may
have a significant effect on the environment.
   (c) Argument, speculation, unsubstantiated opinion or narrative,
evidence that is clearly inaccurate or erroneous, or evidence of
social or economic impacts that do not contribute to, or are not
caused by, physical impacts on the environment, is not substantial
evidence. Substantial evidence shall include facts, reasonable
assumptions predicated upon facts, and expert opinion supported by
facts.
   (d) If there is substantial evidence, in light of the whole record
before the lead agency, that a project may have a significant effect
on the environment, an environmental impact report shall be
prepared.
   (e) Statements in an environmental impact report and comments with
respect to an environmental impact report shall not be deemed
determinative of whether the project may have a significant effect on
the environment.