California Environmental Quality Act: housing development projects.
AB 2856 aims to streamline the construction of housing development projects by limiting the courts’ ability to intervene in the construction process. Specifically, a court may not stay or enjoin such activities unless it finds that the project poses an imminent threat to public health and safety or if it jeopardizes significant Native American artifacts or historical values. This change may lead to increased housing supply and potentially lower housing costs, addressing some aspects of the ongoing housing affordability crisis in California.
Assembly Bill No. 2856, introduced by Assembly Member Melendez, seeks to amend the California Environmental Quality Act (CEQA) by adding Section 21168.11 to the Public Resources Code. The bill specifically addresses the judicial process in relation to housing development projects, prohibiting courts from delaying or enjoining the siting, construction, or operation of these projects unless under specific conditions. This legislative move aims to expedite housing development in California, where the housing crisis has become a significant concern.
Despite its intentions to alleviate the housing shortage, AB 2856 has garnered mixed reactions. Proponents argue that reducing judicial barriers will accelerate the development process and help satisfy the demand for affordable housing. Critics, however, express concerns about potential oversights regarding environmental protections and community interests, fearing that the bill may undermine the rigorous review processes that CEQA was designed to ensure. This tension between development needs and environmental/historical preservation remains a crucial point of debate.