BILL NUMBER: AB 1189	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 27, 2009

   An act to amend Sections 156, 156.1, 156.3, and 156.4 of, and to
add Sections 156.5 and 156.6 to, the Streets and Highways Code,
relating to fish passages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1189, as introduced, Skinner. Fish passages.
   Existing law provides that the Department of Transportation has
full possession and control of all state highways. Existing law
requires the department to prepare an annual report to the
Legislature describing the status of the department's progress in
locating, assessing, and remediating barriers to fish passage, as
defined. Existing law requires the department to complete assessments
of potential barriers to the passage of anadromous fish prior to
commencing any repair or construction project using state or federal
transportation funds. Existing law requires the department to submit
the assessment to the Department of Fish and Game to be added to the
CALFISH database. Existing law requires projects to be constructed
without presenting barriers to fish passage.
   This bill would define the term "barrier" for purposes of these
provisions and would require the annual report submitted to the
Legislature by the department to include the precise location of
past, current, or future remediation projects and a schedule for the
remediation of existing barriers to anadromous fish passage. The bill
would require the department to prioritize remediation projects that
complement planned or active restoration efforts. The bill would
require the department to complete an assessment of potential
barriers to the passage of anadromous fish prior to commencing any
maintenance project using state or federal transportation funds. The
bill would require the assessment for a transportation project that
affects a stream crossing on a stream where anadromous fish are, or
historically were, found to include the status of barriers, as
specified. The bill would require this assessment to be presented to
relevant legislative committees as well as to the Department of Fish
and Game. It would provide that if a repair or maintenance project
involves construction or retrofit of transportation infrastructure
that creates a barrier, that barrier shall be remediated. The bill
would require the department and the Department of Fish and Game to,
by March 1, 2010, jointly identify high-priority streams in each
district, as specified, and submit a report to the Legislature. The
bill would require the department to remediate barriers to fish
passage using any federal funds received pursuant to the federal
American Recovery and Reinvestment Act of 2009, to the extent
permitted by federal law.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 156 of the Streets and Highways Code is amended
to read:
   156.  For purposes of this article, the following definitions
shall apply:
   (a) "Fish passage" means the ability of an anadromous fish to
access appropriate habitat at all points in its life cycle, including
spawning and rearing.
   (b) "Department" means the Department of Transportation. 
   (c) "Barrier" means a complete, partial, or temporal obstruction
or impediment to fish passage, including physical conditions
associated with infrastructure that may impede passage. 
  SEC. 2.  Section 156.1 of the Streets and Highways Code is amended
to read:
   156.1.  The Director of Transportation shall prepare an annual
report describing the status of the department's progress in
locating, assessing, and remediating barriers to fish passage  on
anadromous streams  .  This   The report
shall include the precise location of past, current, or future
remediation projects and a schedule for the remediation of existing
fish barriers identified pursuant to Section 156.4. The  report
shall be given to the Legislature by October 31 of each year through
the year 2020.
  SEC. 3.  Section 156.3 of the Streets and Highways Code is amended
to read:
   156.3.   (a)    For any project using state or
federal transportation funds programmed after January 1, 2006, the
department shall ensure that, if the project affects a stream
crossing on a stream where anadromous fish are, or historically were,
found, an assessment of potential barriers to fish passage is done
prior to commencing project design. The department shall submit the
assessment to the Department of Fish and Game and add it to the
CALFISH database. If any structural barrier to passage exists,
remediation of the problem shall be designed into the project by the
implementing agency. New projects shall be constructed so that they
do not present a barrier to fish passage. When barriers to fish
passage are being addressed, plans and projects shall be developed in
consultation with the Department of Fish and Game. 
   (b) The department shall prioritize remediation projects that
complement planned or active restoration efforts. 
  SEC. 4.  Section 156.4 of the Streets and Highways Code is amended
to read:
   156.4.   (a)    For any repair  ,
maintenance,  or construction project using state or federal
transportation funds that affects a stream crossing on a stream where
anadromous fish are, or historically were, found, the department
shall perform an assessment of the site for potential barriers to
fish passage and submit the assessment to the Department of Fish and
Game .   and to the relevant legislative
committees of the   Legislature. The assessment shall
include the status of each barrier, as follows:  
   (1) Not a barrier.  
   (2) Partial.  
   (3) Temporal.  
   (4) Temporal and partial.  
   (5) Temporal and total.  
   (6) Total.  
   (7) Unknown.  
   (b) Where a repair or maintenance project involves construction or
retrofit of transportation or related infrastructure, including
culverts or weirs, that directly creates a barrier, that barrier
shall be remediated. 
  SEC. 5.  Section 156.5 is added to the Streets and Highways Code,
to read:
   156.5.  The department and the Department of Fish and Game shall,
by March 1, 2010, jointly identify high-priority streams in each
district, based on the quality or quantity of fish habitat above or
below a barrier and other applicable factors, and shall submit a
report to the Legislature.
  SEC. 6.  Section 156.6 is added to the Streets and Highways Code,
to read:
   156.6.  The department shall remediate barriers to fish passage
using any federal funds received pursuant to the federal American
Recovery and Reinvestment Act of 2009, to the extent permitted by
federal law.