BILL ANALYSIS
AB 1189
Page 1
Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 1189 (Skinner) - As Amended: April 13, 2009
SUBJECT : Fish Passage Barriers
SUMMARY : Requires the California Department of Transportation
(Caltrans) to assess and remediate fish barriers associated with
any state or federally funded transportation project, including
repairs, retrofits, alterations, maintenance and construction,
if the project affects a stream crossing on a stream where
anadromous fish are or historically were found. Specifically,
this bill :
1)Requires Caltrans to assess potential fish passage barriers
prior to commencing project design for any project using state
or federal transportation funds, if the project affects a
stream crossing on a stream where anadromous fish are or were
historically found. Requires Caltrans to use the Department
of Fish and Game's (DFG's) assessment protocol and to include
the status of each barrier, including whether it is a partial,
total, or temporal barrier, to submit the results of the
assessment to DFG, and to add them to the California Fish
Passage Assessment Database.
2)Requires Caltrans to remediate any fish passage barriers
associated with any project using state or federal funds, as
specified, and requires that remediation be part of the
project design and programmed into the State Transportation
Improvement Program or the State Highway Operation and
Protection Program. Requires remediation plans to be
developed in consultation with DFG. Requires Caltrans to
provide notice to DFG of each remediated barrier and to
include a description of each remediated project on the
California Fish Passage Assessment Database no less than 30
days after completion of the project.
3)Defines "project" for these purposes to include any
construction action that is state or federally funded,
including new construction, rehabilitations, repairs,
retrofits, alterations or maintenance projects eligible under
specified state transportation programs.
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4)Defines "barrier" for these purposes to mean a complete,
partial, or temporal obstruction or impediment to fish
passage, including physical conditions associated with
infrastructure that may impede passage.
5)Requires Caltrans to provide notice to DFG at least six months
prior to initiating design of any project using state or
federal transportation funds and to post this notice in a
conspicuous location on its website.
6)Requires Caltrans' annual report required by existing law on
the status of its progress in locating, assessing and
remediating fish barriers, to include the precise location of
past, current, or future remediation projects and a schedule
for the remediation of existing fish barriers identified.
7)Requires Caltrans and DFG by July 1, 2010 to jointly identify
and annually update thereafter high-priority fish barriers in
each district, and requires Caltrans to post a list of these
priorities on its website.
8)Requires Caltrans to remediate fish barriers using any federal
funds received pursuant to the federal American Recovery and
Reinvestment Act of 2009 to the extent permitted under federal
law.
EXISTING LAW :
1)Makes it unlawful to construct or maintain in any stream in
specified fish and game districts any device or contrivance
that prevents or impedes fish passage.
2)Requires Caltrans, for any project using state or federal
transportation funds programmed after January 1, 2006 that
affects an anadromous fish stream crossing, to assess
potential barriers to fish passage prior to commencing project
design, and to design remediation of any structural barrier to
fish passage that exists into the project. Requires that all
new projects be constructed so that they do not present a
barrier to fish passage.
3)Requires Caltrans to perform an assessment for potential fish
barriers for any repair project using state or federal
transportation funds that affects an anadromous fish stream
crossing and to submit the assessment to DFG.
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4)Requires Caltrans to file an annual report with the
Legislature describing the status of Caltrans' progress in
locating, assessing and remediating fish barriers.
FISCAL EFFECT : Unknown costs to Caltrans to assess and
remediate fish barriers, and to DFG to prioritize fish barriers.
COMMENTS : The purpose of this bill is to ensure that Caltrans
remediates barriers to anadromous fish passage consistent with
the law. Legislation enacted in 2005, SB 857 (Kuehl) requires
Caltrans, for any project using state or federal transportation
funds after January 1, 2006, to assess and remediate structural
barriers to fish passage at stream crossings that prevent salmon
and steelhead from accessing habitat. New projects must be
designed to prevent such barriers. The law also requires
Caltrans to report to the Legislature on its progress in
assessing and remediating fish barriers.
However, despite some effort to comply, Caltrans has made little
progress in meeting these requirements. Since SB 857 was
enacted, Caltrans has only remediated 13 barriers and plans to
remediate only two this year. At this rate, it will take
Caltrans about 465 years to remediate the estimated 2,000
barriers along the coast. Due to limited data, the exact number
of Caltrans fish barriers in the state is unknown. There are
close to 10,000 stream crossings at sites owned or managed by
Caltrans, including 3,600 along the coast. Of all fish barriers
statewide, Caltrans is likely the single largest owner, and owns
or operates approximately 2,000 culverts along the coast. Of
the sites surveyed by Caltrans in the North Coast, 60% blocked
access to migrating fish, including salmon.
The reasons for the slow progress include the fact that Caltrans
only remediates fish barriers when they are associated with a
priority transportation project. The existing law also lacks
clarity as to the types of projects for which fish barrier
remediation is required. In addition, the barrier assessments
conducted by Caltrans are generally only reconnaissance level
surveys, and do not include details on the status of the
barriers. The lack of detailed information contained in the
reports filed by Caltrans have made it difficult for the
Legislature to evaluate the progress Caltrans has made on
assessments, and the actual status of barrier remediation
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projects. At an April 23, 2009 hearing of the Legislature's
Joint Fisheries and Aquaculture Committee, Caltrans testified
that it redefines or reprioritizes transportation projects that
are found to require remediation of fish barriers to avoid the
added costs of remediating the barrier. This has further
delayed implementation of state public policy to remediate fish
barriers.
This bill seeks to address these problems by clarifying the
types of projects for which Caltrans shall be required to
remediate fish barriers affecting stream crossings on anadromous
fish streams. This bill also requires improvements and added
specificity in the annual report filed by Caltrans, so the
Legislature can better evaluate the progress made, and requires
Caltrans and DFG to work together in identifying high-priority
barriers for fisheries restoration.
As this committee has examined at length in recent informational
hearings, California's salmon runs are in crisis, with several
populations at record lows, numerous species threatened with
extinction, and commercial and recreational salmon seasons
expected to be closed again this year for the second year in a
row. Some of the factors contributing to the decline are
complicated to solve and may cost billions of dollars and take
many years, including, for example, restoration of the San
Joaquin River, restoration of the Delta, and removal of dams on
the Klamath River. In comparison, there are hundreds of smaller
fish barriers in California at Caltrans stream crossings that
could be remediated in a relatively shorter period of time, many
at comparatively lower cost, while still providing the
transportation function and opening up miles of critical salmon
habitat.
Arguments in Support : The County of Sonoma notes this bill will
strengthen the provisions of SB 857 by requiring enhanced
reporting of fish passage barrier locations and remediation
schedules. They also note that Caltrans barriers often occur
downstream from county-owned barriers, limiting the
effectiveness of county efforts to remove or modify fish
barriers on county roads. Other supporters note this bill
provides greater oversight and transparency on remediation of
fish barriers.
Note : This bill is double-referred to the Assembly
Transportation Committee.
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REGISTERED SUPPORT / OPPOSITION :
Support
California Trout
County of Sonoma
Fishery Network of Central California Coastal Counties (Fish Net
4C)
Trout Unlimited
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096