AB 1189

Bill Subjects

Abstract

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.