Amended in Assembly March 28, 2016

Amended in Assembly March 16, 2016

Amended in Assembly March 14, 2016

Amended in Assembly February 24, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1586

Introduced by Assembly Members Mathis, Alejo, and Gray

(Coauthors: Assembly Members Travis Allen, Bigelow, Chávez, Gipson, Harper, Olsen, and Salas)

(Coauthors: Senators begin delete Berryhill and Cannella end delete begin insert Berryhill, Cannella, and Galgiani end insert )

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 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 prohibit the court, in an action or proceeding alleging a violation of the act, 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 2014.

(b) (1) Notwithstanding any other begin insert provision of end insert 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.