California Public Resources Code 21189.53 – (a) In granting relief in an action or proceeding brought …
(a) In granting relief in an action or proceeding brought pursuant to this chapter, the court shall not enjoin the capitol building annex project, annex project related work, or the state office building project unless the court finds either of the following:
(1) The continuation of the capitol building annex project, annex project related work, or the state office building project presents an imminent threat to the public health and safety.
Terms Used In California Public Resources Code 21189.53
- Annex project related work: means all work closely related to the Capitol building annex project, including, but not limited to, any visitor's center or parking facility constructed pursuant to §. See California Public Resources Code 21189.50
- Capitol building annex project: means any work of construction of a state capitol building annex or restoration, rehabilitation, renovation, or reconstruction of the State Capitol Building Annex described in §. See California Public Resources Code 21189.50
- State office building project: means any work of construction, restoration, rehabilitation, renovation, or reconstruction of a state office building that is performed pursuant to Article 5. See California Public Resources Code 21189.50
(2) The capitol building annex project, annex project related work, or the state office building 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 continuation of the capitol building annex project, annex project related work, or the state office building project unless the court stays or enjoins the capitol building annex project.
(b) If the court finds that either paragraph (1) or (2) of subdivision (a) is satisfied, the court shall only enjoin those specific activities associated with the capitol building annex project, annex project related work, or the state office building project, as applicable, 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.
(Amended by Stats. 2018, Ch. 40, Sec. 13. (AB 1826) Effective June 27, 2018.)