California Environmental Quality Act: expedited judicial review: affordable housing projects: reports.
Summary
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 authorizes a court, in an action or proceeding brought challenging the decision of a public agency on the ground of noncompliance with CEQA, to enter an order to suspend any specific project activity if the court finds that the activity will prejudice the consideration and implementation of particular mitigation measures or alternatives to the project. CEQA provides that, except as otherwise specified, it is not intended to limit the equitable powers of the courts. This bill would require the Judicial Council, by July 1, 2020, to adopt a rule of court applicable to an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for an affordable housing project, as defined, or the granting of an approval of an affordable housing project that requires the action or proceeding, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceeding with the court. The bill would provide that these provisions do not apply to an affordable housing project if it is in certain locations. The bill would repeal these provisions on January 1, 2025. This bill would require the Judicial Council, in coordination with the Office of Planning and Research, on or before specified dates, to report to the Legislature specified information relating to actions or proceedings brought pursuant to CEQA. The bill would repeal these provisions on January 1, 2025. This bill would state the intent of the Legislature to enact subsequent legislation that would provide additional funding to the courts to enable the courts to adjudicate, in an expeditious manner, actions or proceedings filed pursuant to CEQA.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2019
Committee Review
Jun 2019
Senate Passage
May 2019
Assembly Passage
Governor
Introduced Feb 22, 2019
Last action Jul 8, 2019
Floor votes · Senate May 23, 2019
How they voted
27–5
Passed · 3 other
Total votes 35
May 23, 2019
D
Democratic27
70% Yea
R
Republican8
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
21
Key actions
4
Committee
5
Jun 6, 2019
Committee
Referred to Coms. on NAT. RES. and JUD.
lower
May 23, 2019
Upper · Passed
Read third time. Passed. (Ayes 30. Noes 5. Page 1258.) Ordered to the Assembly.
upper
May 13, 2019
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Apr 29, 2019
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 799.) (April 23).
upper
Apr 11, 2019
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 2. Page 652.) (April 10).
upper
Mar 14, 2019
Committee
Referred to Coms. on EQ. and JUD.
upper
Feb 22, 2019
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Steve Glazer
DDemocratic
Co
Anna Caballero
DDemocratic
Co
Melissa A. Melendez
RRepublican
Co
Patricia C. Bates
RRepublican
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