Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 641

Introduced by Assembly Member begin delete Dahle end delete begin insert Mayes end insert

February 24, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 641, as amended, begin delete Dahle end delete   begin insert Mayes end insert . Environmental quality: begin delete environmental impact reports. end delete begin insert housing developments. end insert

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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.

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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.

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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.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 21172 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

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begin insert 21172. end insert   

(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.

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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.

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