(a)On and after January 1, 2027, and subject to subdivisions (b) and (c), for a project, located in a geographic area for which the Governor declared a state of emergency pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code, that is to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed by wildfire, and the project is not otherwise exempt from this division by paragraph (3) of subdivision (b) of Section 21080 or by a Governor’s executive order,
all of the following shall apply:
(1)The record of proceedings shall be prepared in accordance with the manner specified in subdivision (a) of Section 21167.6.2.
(2)
(A)An action or proceeding brought to attack, review, set aside, void, or annul the cert
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(a)
On and after January 1, 2027, and subject to subdivisions (b) and (c), for a project, located in a geographic area for which the Governor declared a state of emergency pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code, that is to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed by wildfire, and the project is not otherwise exempt from this division by paragraph (3) of subdivision (b) of Section 21080 or by a Governor’s executive order,
all of the following shall apply:
(1)
The record of proceedings shall be prepared in accordance with the manner specified in subdivision (a) of Section 21167.6.2.
(2)
(A)
An action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report, or the adoption of a negative declaration or mitigated negative declaration, for the project or the granting of any project approval, including any potential appeals to the court of appeal or the Supreme Court, shall, to the extent feasible, be resolved within 270 calendar days of the filing of the certified record of proceedings with the court.
(B)
The Judicial Council
shall adopt rules of court to implement subparagraph (A).
(3)
The applicant shall agree to pay the costs of the trial court and the court of appeal in hearing and deciding any action or proceeding brought under this section in a form and manner as provided in a rule of court, that the Judicial Council shall adopt, which shall include, but not be limited to, the costs for the appointment of a special master if deemed appropriate by the court.
(b)
(1)
Subdivision (a) only applies to a project that is consistent with the applicable zoning and land use ordinances.
(2)
Subdivision (a) does not apply to a project that is proposed after the Governor
rescinds the declaration of the state of emergency for that geographic area.
(c)
This section applies to projects in a geographic area that was damaged by fire for which the Governor has declared a state of emergency on or after January 1, 2023.