Section § 156

Explanation

This section provides definitions for terms used in the article. "Fish passage" refers to how well anadromous fish can reach their necessary habitats throughout their life stages, such as during spawning. "Department" refers specifically to the Department of Transportation.

For purposes of this article, the following definitions shall apply:
(a)CA Streets And Highways Code § 156(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)CA Streets And Highways Code § 156(b) “Department” means the Department of Transportation.

Section § 156.1

Explanation

This law requires the Director of Transportation to create a yearly report on the progress of removing obstacles that block fish passage, and submit it to the Legislature by October 31st until 2025. Each report must detail updates on the status of various projects aimed at fixing these barriers, which were identified according to a specific section of the law.

The reports should include updated information from the Department of Fish and Wildlife, funding details such as amounts and sources, a budget summary, and the results of inspections on culverts (which are structures allowing water to pass under roads). The report should also include the project work plan and the expected completion date for each project.

(a)CA Streets And Highways Code § 156.1(a) 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. This report shall be given to the Legislature by October 31 of each year through the year 2025.
(b)CA Streets And Highways Code § 156.1(b) Each report issued after October 31, 2016, shall include a status report on the remediation of barriers to fish passage on projects that have been identified pursuant to Section 156.5. The status report shall include, but is not limited to, all of the following information regarding a project identified pursuant to Section 156.5:
(1)CA Streets And Highways Code § 156.1(b)(1) Any updated information received by the department from the Department of Fish and Wildlife regarding the barriers to fish passage on the project.
(2)CA Streets And Highways Code § 156.1(b)(2) Whether funding has been committed to the project.
(3)CA Streets And Highways Code § 156.1(b)(3) The source of any funding for the project.
(4)CA Streets And Highways Code § 156.1(b)(4) The budget summary of the project.
(5)CA Streets And Highways Code § 156.1(b)(5) The status of inspections of culverts to ensure they are functioning properly and any other actions by the department to assess or remediate barriers to fish passage on the project.
(6)CA Streets And Highways Code § 156.1(b)(6) The applicable program initiation document work plan review.
(7)CA Streets And Highways Code § 156.1(b)(7) The estimated completion date for the project.

Section § 156.2

Explanation

This law directs a government department to work with state and federal agencies to create a simplified process for reviewing environmental impacts when removing barriers to fish movement in waterways. The goal is to make it easier to get permits for such projects. The department must report their progress on this effort in a specific report.

The department shall pursue development of a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to fish passage that will streamline the permitting process for projects. The department shall include a description of its progress on this review process in the report specified in Section 156.1.

Section § 156.3

Explanation

This law requires that for any project funded with state or federal transportation money after January 1, 2006, if the project impacts a stream crossing where fish like salmon or trout are found, an assessment must be done to identify any barriers to fish passage. This assessment has to be given to the Department of Fish and Game and entered into the CALFISH database. If there are barriers, the project must include solutions to fix them. All new projects must ensure they don't block fish passage. Any plans to address fish passage barriers must be made in collaboration with the Department of Fish and Game.

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.

Section § 156.4

Explanation

This law requires that for construction or repair projects using state or federal transportation funds that impact stream crossings where migratory fish, known as anadromous fish, currently exist or historically existed, the responsible department must assess the site for any possible obstacles to fish movement. This assessment must then be submitted to the Department of Fish and Game.

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.

Section § 156.5

Explanation

This law requires the Department of Fish and Wildlife to identify projects that significantly block fish passage. It then mandates prioritizing and speeding up the removal of these barriers. For the 2015–16 fiscal year, it allocated $5 million from the State Highway Account to the Department of Transportation for identifying and fixing these important fish passage issues, in line with this section and Section 156.1.

(a)CA Streets And Highways Code § 156.5(a) The Department of Fish and Wildlife shall identify projects described in this article that present the most significant barriers to fish passage.
(b)CA Streets And Highways Code § 156.5(b) The department shall prioritize and expedite the remediation of barriers to fish passage on projects identified pursuant to subdivision (a).
(c)CA Streets And Highways Code § 156.5(c) For the 2015–16 fiscal year, the sum of five million dollars ($5,000,000) is hereby appropriated from the State Highway Account in the State Transportation Fund to the Department of Transportation for the identification and remediation of high-priority fish passages consistent with this section and Section 156.1.