Article 3.5. Barriers To Fish Passage of California Streets And Highways Code >> Division 1. >> Chapter 1. >> Article 3.5.
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.
(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) 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) Any updated information received by the department from the
Department of Fish and Wildlife regarding the barriers to fish
passage on the project.
(2) Whether funding has been committed to the project.
(3) The source of any funding for the project.
(4) The budget summary of the project.
(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) The applicable program initiation document work plan review.
(7) The estimated completion date for the project.
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.
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.
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.
(a) The Department of Fish and Wildlife shall identify
projects described in this article that present the most significant
barriers to fish passage.
(b) The department shall prioritize and expedite the remediation
of barriers to fish passage on projects identified pursuant to
subdivision (a).
(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.