California 2009-2010 Regular Session Status: In Committee

AB 1189 — Fish passages.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. Re-referred to Com. on TRANS.

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  5. In committee: Set first hearing. Failed passage. Reconsideration granted.

  6. From committee: Do pass, and re-refer to Com. on TRANS. Re-referred. (Ayes 9. Noes 3.) (April 14).

  7. Re-referred to Com. on W.,P. & W.

  8. From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P. & W. Read second time and amended.

  9. Referred to Coms. on W.,P. & W. and TRANS.

  10. Read first time.

  11. From printer. May be heard in committee March 30.

  12. Introduced. To print.

Sponsors

  • Chesbro · Cosponsor
  • Salas · Cosponsor
  • Huffman · Cosponsor
  • Krekorian · Cosponsor
  • Skinner · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 1 voted No

Sponsors (1)

  • Skinner

Co-sponsors (4)

  • Chesbro
  • Salas
  • Huffman
  • Krekorian

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Set first hearing. Failed passage. Reconsideration granted.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Democratic 1000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Galgiani — Yea
Garrick — Yea
Jeffries — Yea
Miller — Yea
Solorio — Yea
Torlakson — Yea
Blumenfield — Yea
Buchanan — Yea
Conway — Yea
Eng — Yea
Furutani — Yea
Lowenthal, Josh Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Failed 10 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9402
Democratic 1000
Republican 0100
Total 10502
% of votes cast 59%29%0%12%
How each member voted (17)
Member Party Vote
Furutani — Not Voting
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Garrick — Nay
Conway — Nay
Miller — Nay
Blumenfield — Yea
Buchanan — Yea
Jeffries — Not Voting
Solorio — Yea
Torlakson — Yea
Eng — Yea
Galgiani — Nay
Lowenthal, Josh Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on Transportation.

Passed 12 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10302
Democratic 2000
Total 12302
% of votes cast 71%18%0%12%
How each member voted (17)
Member Party Vote
Chesbro — Yea
Huffman — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Salas — Yea
Krekorian — Yea
Fletcher — Nay
Tom — Not Voting
Berryhill — Not Voting
Anderson — Nay
Blumenfield — Yea
Yamada — Yea
Fuller — Nay
Caballero, Anna M. Democratic Yea
Lowenthal, Josh Democratic Yea

Official roll call →

Subjects

environment transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1189 do?
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.
Who sponsors AB 1189?
AB 1189 is sponsored by Chesbro, Salas, Huffman, Krekorian, and Skinner.
What is the current status of AB 1189?
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1189?
Track AB 1189 free on One Click Politics — get push/email alerts when it moves.

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