Section 21080.61 - Exemption for routine maintenance certain public stormwater facilities(a) This division does not apply to routine maintenance of public stormwater facilities that are fully concrete or have a conveyance capacity of less than a 100-year storm event if all of the following conditions are met: (1) The project does not increase the designed conveyance capacity of the stormwater facility.(2) The project is undertaken or approved by a public agency that has adopted, by ordinance, procedures that apply to the project to minimize the impacts of construction equipment, debris, sediment, and other pollutants.(3) The project is not likely to result in adverse impacts to tribal cultural resources.(b) Notwithstanding subdivision (c) of Section 21151, a determination that a project is not subject to this division pursuant to this section shall not be eligible for appeal to the agency's elected decisionmaking body if the project is approved by the nonelected decisionmaking body of a city with a population of at least 1,000,000.(c) If the lead agency determines that a project is not subject to this division pursuant to this section and it determines to approve or carry out the project, the lead agency shall file a notice with the State Clearinghouse in the Office of Planning and Research and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b), (c), and (d) of Section 21152.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.Ca. Pub. Res. Code § 21080.61
Added by Stats 2024 ch 761 (AB 3227),s 1, eff. 9/27/2024.