California Assembly Bill AB641 Amended / Bill

 BILL NUMBER: AB 641AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member  Dahle   Mayes  FEBRUARY 24, 2015  An act to amend Section 21082.2 of the Public Resources Code, relating to the environment.   An act to add Section 21172 to the Public Resources Code, relating to environmental quality.  LEGISLATIVE COUNSEL'S DIGEST AB 641, as amended,  Dahle   Mayes  . Environmental quality:  environmental impact reports.   housing developments.   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 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.   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.   This bill would make technical, nonsubstantive changes to that provision.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 21172 is added to the   Public Resources Code   , to read:   21172. (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.   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.