BILL NUMBER: AB 1189	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Skinner
    (   Coauthors:   Assembly Members 
 Chesbro,   Huffman,   Krekorian,  
and Salas   ) 

                        FEBRUARY 27, 2009

   An act to amend Sections 156 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 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 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 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 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 project, as defined, that affects a stream crossing and
would require the assessment to include the status of barriers, as
specified. The bill would require this assessment to be presented to
the Department of Fish and Game and added to the California Fish
Passage Assessment Database. 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 to prioritize transportation projects that complement
planned or active streambed remediation or restoration efforts. 
The bill would require the department and the Department of Fish and
Game, by July 1, 2010, and annually thereafter, to jointly identify
high-priority barriers in each district, as specified, and 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   programmed  under the
state transportation improvement program  and  
or  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
156.3. 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
repealed.
  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) The department shall prioritize transportation projects that
complement planned or active streambed remediation or restoration
efforts, based upon streambed restoration needs as prioritized by the
Department of Fish and Game.  
   (3) 
    (4)  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.
  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 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. 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.