BILL NUMBER: AB 1189 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Skinner
FEBRUARY 27, 2009
An act to amend Sections 156 , 156.1, 156.3, and 156.4
of, and 156.1 of, and to add Sections 156.5 and
156.6 to, to repeal Section 156.4 of, and to repeal and add
Section 156.3 of, the Streets and Highways Code, relating to
fish passages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1189, as amended, 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 project design for any repair or
construction project using state or federal transportation
funds that affects certain stream crossings . Existing law
requires the department to submit the assessment to the Department
of Fish and Game and to be added
add it to the CALFISH database. Existing law requires new
projects to be constructed without presenting barriers to fish
passage. Existing law also requires the department to complete
an assessment for any repair or construction project using those
funds that affects those stream crossings.
This bill would define the term terms
"barrier" and "project" 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 repeal the provisions requiring the
department to perform an assessment for repair or construction
projects using state or federal transportation funds that affect
those stream crossings. The bill would recast provisions that
require the department to complete an assessment of potential
barriers to the passage of anadromous fish prior to commencing
the project design for any maintenance project using
state or federal transportation funds. The bill would require the
assessment for a transportation project , as defined,
that affects a stream crossing on a stream where
anadromous fish are, or historically were, found and
would require the assessment 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 and added to the California Fish
Passage Assessment Database . 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 to remediate any barriers to fish passage associated with
any project using state or federal transportation funds if the
project affects a stream crossing on a stream where anadromous fish
are, or historically were, found. The bill would require remediation
costs for these projects to be programmed into the state
transportation improvement program or the state highway operation and
protection program. The bill wold require the department to provide
notice to the Department of Fish and Game at least 6 month prior to
initiating project design of any project and to post the notice in a
conspicuous location on its Internet Web site. The bill would
require the department and the Department of Fish and Game
to , by March July 1, 2010,
and annually thereafter, to jointly identify high-priority
streams barriers in each district, as
specified, and submit a report to the Legislature
post a list of high-priority barriers in a conspicuous location
on its Internet Web site . 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.
(d) "Project" means any construction action that is state or
federally funded, including, but not limited to, new construction,
rehabilitations, repairs, retrofits, alterations, or maintenance
projects eligible under the state transportation improvement program
and the state highway operation and protection program, pursuant to
Sections 14529 and 14526.5 of the Government Code, respectively.
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. 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
156.4 156.3 . 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. 3. Section 156.3 of the Streets
and Highways Code is repealed.
156.3. 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.
SEC. 4. Section 156.3 is added to the
Streets and Highways Code , to read:
156.3. (a) The department shall assess potential barriers to fish
passage prior to commencing project design for any project
programmed after January 1, 2006, if the project affects a stream
crossing on a stream where anadromous fish are, or historically were,
found, as determined by the department in consultation with the
Department of Fish and Game. The department shall use the Department
of Fish and Game's assessment protocol and 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) The department shall submit the results of the assessment
required in subdivision (a) to the Department of Fish and Game and
add them to the California Fish Passage Assessment Database.
(c) (1) The department shall remediate any barriers to fish
passage associated with any project if the project affects a stream
crossing on a stream where anadramous fish are, or historically were,
found, as determined by the department in consultation with the
Department of Fish and Game. Remediation shall be designed into the
project and the costs of the remediation shall be programmed into the
state transportation improvement program or the state highway
operation and protection program. The department shall construct new
projects so that they do not present a barrier to fish passage.
(2) The department shall provide notice to the Department of Fish
and Game at least six months prior to initiating design of any
project and post this notice in a conspicuous location on its
Internet Web site.
(3) Remediation plans shall be developed in consultation with the
Department of Fish and Game. The department shall provide notice to
the Department of Fish and Game of each remediated barrier and
include a description of each remediated project on the California
Fish Passage Assessment Database no less than 30 days after
completion of the project.
SEC. 5. Section 156.4 of the Streets
and Highways Code is repealed.
156.4. For any repair 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.
SEC. 5. SEC. 6. 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. shall, by
July 1, 2010, and annually thereafter, jointly identify high-priority
barriers in each district, based on the quality or quantity of fish
habitat above or below a barrier, and other applicable factors,
including whether there are planned or proposed anadromous fisheries
restoration projects in the same watershed. The department shall post
a list of these high-priority barriers, including any
annual updates, in a conspicuous location on its Internet Web site.
SEC. 6. SEC. 7. 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.