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| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2445Introduced by Assembly Member Gallagher(Coauthor: Assembly Member Grayson)February 17, 2022 An act to add Section 21167.10 to the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTAB 2445, as introduced, Gallagher. California Environmental Quality Act: affordable housing: judicial review: bonds.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 require a person seeking judicial review of the decision of a lead agency made pursuant to CEQA to carry out or approve an affordable housing project to post a bond of $500,000 to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest. The bill would authorize the court to waive or adjust this bond requirement upon a finding of good cause to believe that the requirement does not further the interest of justice.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21167.10 is added to the Public Resources Code, immediately following Section 21167.9, to read:21167.10. (a) Except as provided in subdivision (b), in an action or proceeding to attack, review, set aside, void, or annul a determination, finding, or decision of a public agency made pursuant to this division to carry out or approve an affordable housing project, the court, upon motion by the respondent or real party in interest, or on its own motion, shall require the petitioner to post a bond of five hundred thousand dollars ($500,000) to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest.(b) A court may waive or adjust the bond requirement of subdivision (a) to the extent the court finds there is good cause to believe that requirement does not further the interest of justice. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2445Introduced by Assembly Member Gallagher(Coauthor: Assembly Member Grayson)February 17, 2022 An act to add Section 21167.10 to the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTAB 2445, as introduced, Gallagher. California Environmental Quality Act: affordable housing: judicial review: bonds.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 require a person seeking judicial review of the decision of a lead agency made pursuant to CEQA to carry out or approve an affordable housing project to post a bond of $500,000 to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest. The bill would authorize the court to waive or adjust this bond requirement upon a finding of good cause to believe that the requirement does not further the interest of justice.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | Amended IN Assembly April 05, 2022 | |
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| 7 | - | Amended IN Assembly April 05, 2022 | |
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| 7 | + | ||
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| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
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| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2445 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Gallagher(Coauthor: Assembly Member Grayson)February 17, 2022 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Gallagher(Coauthor: Assembly Member Grayson) | |
| 18 | 18 | February 17, 2022 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Section 21167.10 to the Public Resources Code, relating to environmental quality. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2445, as | |
| 26 | + | AB 2445, as introduced, Gallagher. California Environmental Quality Act: affordable housing: judicial review: bonds. | |
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| 28 | - | 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. | |
| 28 | + | 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 require a person seeking judicial review of the decision of a lead agency made pursuant to CEQA to carry out or approve an affordable housing project to post a bond of $500,000 to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest. The bill would authorize the court to waive or adjust this bond requirement upon a finding of good cause to believe that the requirement does not further the interest of justice. | |
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| 30 | 30 | 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. | |
| 31 | 31 | ||
| 32 | - | Existing law, in a civil action, including an action brought pursuant to CEQA, brought by a plaintiff challenging a housing project that is a development project meeting or exceeding the requirements for low- or moderate-income housing and in bringing the action or seeking relief has the effect of preventing or delaying the project, authorizes the defendant to apply to the court by noticed motion, on specified grounds, for an order requiring the plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant. | |
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| 34 | - | This bill would authorize the court, upon motion or on its own motion, to require a person seeking judicial review of the decision of a lead agency made pursuant to CEQA to carry out or approve an affordable housing project to post a bond of $500,000 to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest. The bill would authorize the court to waive or adjust this bond requirement upon a finding of good cause to believe that the requirement does not further the interest of justice. | |
| 32 | + | This bill would require a person seeking judicial review of the decision of a lead agency made pursuant to CEQA to carry out or approve an affordable housing project to post a bond of $500,000 to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest. The bill would authorize the court to waive or adjust this bond requirement upon a finding of good cause to believe that the requirement does not further the interest of justice. | |
| 35 | 33 | ||
| 36 | 34 | ## Digest Key | |
| 37 | 35 | ||
| 38 | 36 | ## Bill Text | |
| 39 | 37 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. Section 21167.10 is added to the Public Resources Code, immediately following Section 21167.9, to read:21167.10. (a)Except as provided in subdivision (b), | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 21167.10 is added to the Public Resources Code, immediately following Section 21167.9, to read:21167.10. (a) Except as provided in subdivision (b), in an action or proceeding to attack, review, set aside, void, or annul a determination, finding, or decision of a public agency made pursuant to this division to carry out or approve an affordable housing project, the court, upon motion by the respondent or real party in interest, or on its own motion, shall require the petitioner to post a bond of five hundred thousand dollars ($500,000) to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest.(b) A court may waive or adjust the bond requirement of subdivision (a) to the extent the court finds there is good cause to believe that requirement does not further the interest of justice. | |
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| 42 | 40 | The people of the State of California do enact as follows: | |
| 43 | 41 | ||
| 44 | 42 | ## The people of the State of California do enact as follows: | |
| 45 | 43 | ||
| 46 | - | SECTION 1. Section 21167.10 is added to the Public Resources Code, immediately following Section 21167.9, to read:21167.10. (a)Except as provided in subdivision (b), | |
| 44 | + | SECTION 1. Section 21167.10 is added to the Public Resources Code, immediately following Section 21167.9, to read:21167.10. (a) Except as provided in subdivision (b), in an action or proceeding to attack, review, set aside, void, or annul a determination, finding, or decision of a public agency made pursuant to this division to carry out or approve an affordable housing project, the court, upon motion by the respondent or real party in interest, or on its own motion, shall require the petitioner to post a bond of five hundred thousand dollars ($500,000) to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest.(b) A court may waive or adjust the bond requirement of subdivision (a) to the extent the court finds there is good cause to believe that requirement does not further the interest of justice. | |
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| 48 | 46 | SECTION 1. Section 21167.10 is added to the Public Resources Code, immediately following Section 21167.9, to read: | |
| 49 | 47 | ||
| 50 | 48 | ### SECTION 1. | |
| 51 | 49 | ||
| 52 | - | 21167.10. (a)Except as provided in subdivision (b), | |
| 50 | + | 21167.10. (a) Except as provided in subdivision (b), in an action or proceeding to attack, review, set aside, void, or annul a determination, finding, or decision of a public agency made pursuant to this division to carry out or approve an affordable housing project, the court, upon motion by the respondent or real party in interest, or on its own motion, shall require the petitioner to post a bond of five hundred thousand dollars ($500,000) to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest.(b) A court may waive or adjust the bond requirement of subdivision (a) to the extent the court finds there is good cause to believe that requirement does not further the interest of justice. | |
| 53 | 51 | ||
| 54 | - | 21167.10. (a)Except as provided in subdivision (b), | |
| 52 | + | 21167.10. (a) Except as provided in subdivision (b), in an action or proceeding to attack, review, set aside, void, or annul a determination, finding, or decision of a public agency made pursuant to this division to carry out or approve an affordable housing project, the court, upon motion by the respondent or real party in interest, or on its own motion, shall require the petitioner to post a bond of five hundred thousand dollars ($500,000) to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest.(b) A court may waive or adjust the bond requirement of subdivision (a) to the extent the court finds there is good cause to believe that requirement does not further the interest of justice. | |
| 55 | 53 | ||
| 56 | - | 21167.10. (a)Except as provided in subdivision (b), | |
| 54 | + | 21167.10. (a) Except as provided in subdivision (b), in an action or proceeding to attack, review, set aside, void, or annul a determination, finding, or decision of a public agency made pursuant to this division to carry out or approve an affordable housing project, the court, upon motion by the respondent or real party in interest, or on its own motion, shall require the petitioner to post a bond of five hundred thousand dollars ($500,000) to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest.(b) A court may waive or adjust the bond requirement of subdivision (a) to the extent the court finds there is good cause to believe that requirement does not further the interest of justice. | |
| 57 | 55 | ||
| 58 | 56 | ||
| 59 | 57 | ||
| 60 | - | 21167.10. (a)Except as provided in subdivision (b), | |
| 58 | + | 21167.10. (a) Except as provided in subdivision (b), in an action or proceeding to attack, review, set aside, void, or annul a determination, finding, or decision of a public agency made pursuant to this division to carry out or approve an affordable housing project, the court, upon motion by the respondent or real party in interest, or on its own motion, shall require the petitioner to post a bond of five hundred thousand dollars ($500,000) to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest. | |
| 61 | 59 | ||
| 62 | 60 | (b) A court may waive or adjust the bond requirement of subdivision (a) to the extent the court finds there is good cause to believe that requirement does not further the interest of justice. |