Bill Text: CA AB1586 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Environmental Quality Act: Temperance Flat

Spectrum: Slight Partisan Bill (Republican 8-5)

Status: (Failed) 2016-11-30 - From committee without further action. [AB1586 Detail]

Download: California-2015-AB1586-Amended.html

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BILL NUMBER: AB 1586	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2016
	AMENDED IN ASSEMBLY  FEBRUARY 24, 2016

INTRODUCED BY   Assembly Members Mathis  , Alejo,  and Gray
    (   Coauthors:   Assembly Members 
 Travis Allen,   Chávez,   Gipson,  
Harper,   Olsen,   and Salas   ) 
   (Coauthor: Senator Berryhill)

                        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  (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   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.  CEQA  
The act  establishes a procedure by which a person may seek
judicial review of the decision of the lead agency made pursuant to
 CEQA.   the act. 
   This bill would prohibit the court, in an action or proceeding
alleging a violation of  CEQA,   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  provision of  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.