AB 978

Bill Subjects

California Environmental Quality Act Bonds Housing Projects Judicial Review

Abstract

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 a housing project to post a bond of $1,000,000 to cover the costs and damages to the housing project incurred by the respondent or real party in interest. The bill would authorize the court to adjust this bond requirement upon a finding of good cause to believe that the requirement does not further the interest of justice.