Bill Text: CA SB621 | 2019-2020 | Regular Session | Amended

California Senate Bill 621 (Prior Session Legislation)

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

Bill Title: California Environmental Quality Act: expedited judicial review: affordable housing projects: reports.

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2019-07-08 - July 8 set for second hearing canceled at the request of author. [SB621 Detail]

Download: California-2019-SB621-Amended.html

Amended IN Senate March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 621

Introduced by Senators Glazer and Caballero
(Coauthor: Assembly Member Melendez)

February 22, 2019

An act to add Section 21168.10 to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

SB 621, as amended, Glazer. California Environmental Quality Act: court actions or proceedings: affordable housing projects.

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 authorizes a court, in an action or proceeding brought challenging the decision of a public agency on the ground of noncompliance with CEQA, to enter an order to suspend any specific project activity if the court finds that the activity will prejudice the consideration and implementation of particular mitigation measures or alternatives to the project. CEQA provides that, except as otherwise specified, it is not intended to limit the equitable powers of the courts.

This bill would require any action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an affordable housing project or the granting of an approval of an affordable housing project, 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 proceeding with the court. The bill would prohibit a court from staying or enjoining the construction or operation of an affordable housing project unless it makes certain findings.
This bill would require the Judicial Council, by July 1, 2020, to adopt a rule of court applicable to an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an affordable housing project, as defined, or the granting of an approval of an affordable housing project that requires 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 proceeding with the court. The bill would prohibit a court from staying or enjoining the construction or operation of an affordable housing project unless it makes certain findings.

This bill would state the intent of the Legislature to enact subsequent legislation that would provide additional funding to the courts to enable the courts to adjudicate, in an expeditious manner, actions or proceedings filed pursuant to CEQA.

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

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

SECTION 1.Section 21168.10 is added to the Public Resources Code, to read:
21168.10.
(a)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 of an environmental impact report for an affordable housing project or the granting of an approval of an affordable housing project, 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 proceeding with the court. On or before July 1, 2020, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this subdivision.
(b)(1)Notwithstanding any other law, in granting relief in an action or proceeding brought pursuant to this division challenging an affordable housing project, the court shall not stay or enjoin the construction or operation of the project unless the court finds either of the following:
~~(A)The continued construction or operation of the project presents an imminent threat to the public health and safety.~~
(B)The project location 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 unless the court stays or enjoins the construction or operation of the project.
(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 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.

SECTION 1.

Section 21168.10 is added to the Public Resources Code, to read:

21168.10.
(a) For purposes of this section, “affordable housing project” means a housing project with at least 30 percent of the housing units of the project affordable to individuals or households with an income level that is at or below 80 percent of the area median income level, as defined in Section 50093 of the Health and Safety Code.
(b) The Judicial Council, by July 1, 2020, shall adopt a rule of court applying to any action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an affordable housing project or the granting of an approval of an affordable housing project that requires 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 proceeding with the court.
(c) (1) Notwithstanding any other law, in granting relief in an action or proceeding brought pursuant to this division challenging an affordable housing project, the court shall not stay or enjoin the construction or operation of the project unless the court finds either of the following:
(A) The continued construction or operation of the project presents an imminent threat to the public health and safety.
(B) The project location 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 unless the court stays or enjoins the construction or operation of the project.
(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 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.

It is the intent of the Legislature to enact subsequent legislation that would provide additional funding to the courts to enable the courts to adjudicate, in an expeditious manner, actions or proceedings filed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).