Current through the 2023 Legislative Session.
Section 21080.56 - [Effective until 1/1/2025] Eligible projects(a) This division does not apply to a project that is exclusively one of the following: (1) A project to conserve, restore, protect, or enhance, and assist in the recovery of California native fish and wildlife, and the habitat upon which they depend.(2) A project to restore or provide habitat for California native fish and wildlife.(b) An eligible project may have incidental public benefits, such as public access and recreation.(c) This section does not apply to a project unless the project does both of the following: (1) Results in long-term net benefits to climate resiliency, biodiversity, and sensitive species recovery.(2) Includes procedures and ongoing management for the protection of the environment.(d) This section does not apply to a project that includes construction activities, except for construction activities solely related to habitat restoration.(e) The lead agency shall obtain the concurrence of the Director of Fish and Wildlife for the determinations required pursuant to subdivisions (a) to (d), inclusive. The director shall document the director's concurrence using substantial evidence and best available science.(f) The project shall remain subject to all other applicable federal, state, and local laws and regulations, and shall not weaken or violate any applicable environmental or public health standards.(g) Within 48 hours of making a determination that a project is exempt pursuant to this section, a lead agency shall file a notice described in subdivision (b) of Section 21108 or subdivision (b) of Section 21152 with the Office of Planning and Research, and the Department of Fish and Wildlife shall post the concurrence of the Director of Fish and Wildlife on the department's internet website.(h) The Natural Resources Agency shall, in accordance with Section 9795 of the Government Code, report annually to the Legislature all determinations pursuant to this section.(i) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
Ca. Pub. Res. Code § 21080.56Added by Stats 2021 ch 258 (SB 155),s 23, eff. 9/23/2021.