California Legislature—2015–16 First Extraordinary Session

Assembly BillNo. 21


Introduced by Assembly Member Obernolte

(Coauthors: Assembly Members Travis Allen, Bigelow, Chávez, Grove, Lackey, Linder, Mayes, Patterson, and Steinorth)

August 31, 2015


An act to add Section 21168.15 to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 21, as introduced, Obernolte. Environmental quality: highway 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 establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA.

The bill would prohibit a court in a judicial action or proceeding under CEQA from staying or enjoining the construction or improvement of a highway unless it makes specified findings.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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SECTION 1.  

Section 21168.15 is added to the Public Resources
2Code
, to read:

3

21168.15.  

(a) For the purposes of this section, “project” means
4the construction or improvement of a highway.

5(b) In granting relief in an action or proceeding brought pursuant
6to this section, the court shall not stay or enjoin a project unless
7the court finds either of the following:

8(1) The project presents an imminent threat to the public health
9and safety.

10(2) The project site contains unforeseen important Native
11American artifacts or unforeseen important historical,
12archaeological, or ecological values that would be materially,
13permanently, and adversely affected by the project unless the court
14stays or enjoins the project.

15(c) If the court finds that paragraph (1) or (2) of subdivision (a)
16is satisfied, the court shall only enjoin those specific activities
17associated with the project that present an imminent threat to public
18health and safety or that materially, permanently, and adversely
19affect unforeseen important Native American artifacts or
20unforeseen important historical, archaeological, or ecological
21values.



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