BILL NUMBER: AB 1586	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 24, 2016

INTRODUCED BY   Assembly  Member   Mathis
  Members   Mathis   and Gray 
    (   Coauthor:  Senator   Berryhill
  ) 

                        JANUARY 6, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1586, as amended, Mathis. California Environmental Quality Act:
Temperance Flat Reservoir.
   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.
   This bill would prohibit the court, in an action or proceeding
 brought  alleging a violation of CEQA, from staying
or enjoining the construction or operation of the Temperance Flat
Reservoir unless the court makes certain findings.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Temperance Flat Reservoir.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated 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) For purposes of this section, "project" means the
Temperance Flat Reservoir described in the Upper San Joaquin River
Basin Storage Investigation Draft Environmental Impact Statement
issued in  August,   August  2014.
   (b) (1) Notwithstanding any other law, in granting relief in an
action or proceeding brought pursuant to this division challenging
the 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 public health and safety.
   (B) 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 unless the courts 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.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances caused by the drought in the San
Joaquin Valley.