AB 3227 (Chapter 761, Statutes of 2024)

This bill adds PRC Section 21080.61 creating a statutory exemption, when certain conditions are met, for the routine maintenance of public stormwater facilities that are fully concrete or that have a conveyance capacity of less than a 100-year storm event. Under AB 3227, if the lead agency determines that a project is not subject to CEQA pursuant to these provisions and determines to approve or carry out the project, the lead agency is required to file a notice with the State Clearinghouse and with the county clerk in the county in which the project will be located, as provided. This bill would repeal these provisions on January 1, 2030.

CEQA provides that, if a non-elected decision-making body of a local lead agency certifies an environmental impact report, approves a negative declaration or mitigated negative declaration, or determines that a project is not subject to CEQA, the certification, approval, or determination may be appealed to the agency’s elected decision-making body.

This bill would prohibit the appeal of determinations by non-elected decision-making bodies of cities with a population of at least 1,000,000 that those routine maintenance projects of certain public stormwater facilities are exempt from CEQA to the agency’s elected decision-making body. This bill would repeal these provisions on January 1, 2030.