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California Assembly Bill AB2919

California 2021-2022 Regular Session

California Assembly Bill AB2919 Compare Versions

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1-Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2919Introduced by Assembly Member FongFebruary 18, 2022 An act to amend Section 5937 of add Section 5937.5 to the Fish and Game Code, relating to dams. LEGISLATIVE COUNSEL'S DIGESTAB 2919, as amended, Fong. Dams: release of water: fishway. fish populations.Existing law requires the Department of Fish and Wildlife to examine all dams in all rivers and streams in the state naturally frequented by fish. If, in the opinion of the Fish and Game Commission, there is not free passage for fish over or around any dam, existing law requires the department to cause plans to be furnished for a suitable fishway, and to order in writing the owner of the dam to provide the dam with a durable and efficient fishway. Existing law requires the owner of a dam to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.This bill would make nonsubstantive changes to that provision. provide that, notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5937.5 is added to the Fish and Game Code, to read:5937.5. Notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.SECTION 1.Section 5937 of the Fish and Game Code is amended to read:5937.The owner of a dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in a river or stream, permission may be granted by the department to the owner of a dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.
1+CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2919Introduced by Assembly Member FongFebruary 18, 2022 An act to amend Section 5937 of the Fish and Game Code, relating to dams. LEGISLATIVE COUNSEL'S DIGESTAB 2919, as introduced, Fong. Dams: water: fishway.Existing law requires the owner of a dam to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5937 of the Fish and Game Code is amended to read:5937. The owner of any a dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any a river or stream, permission may be granted by the department to the owner of any a dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.
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3- Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2919Introduced by Assembly Member FongFebruary 18, 2022 An act to amend Section 5937 of add Section 5937.5 to the Fish and Game Code, relating to dams. LEGISLATIVE COUNSEL'S DIGESTAB 2919, as amended, Fong. Dams: release of water: fishway. fish populations.Existing law requires the Department of Fish and Wildlife to examine all dams in all rivers and streams in the state naturally frequented by fish. If, in the opinion of the Fish and Game Commission, there is not free passage for fish over or around any dam, existing law requires the department to cause plans to be furnished for a suitable fishway, and to order in writing the owner of the dam to provide the dam with a durable and efficient fishway. Existing law requires the owner of a dam to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.This bill would make nonsubstantive changes to that provision. provide that, notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2919Introduced by Assembly Member FongFebruary 18, 2022 An act to amend Section 5937 of the Fish and Game Code, relating to dams. LEGISLATIVE COUNSEL'S DIGESTAB 2919, as introduced, Fong. Dams: water: fishway.Existing law requires the owner of a dam to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Amended IN Assembly March 24, 2022
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7-Amended IN Assembly March 24, 2022
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99 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 2919
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1515 Introduced by Assembly Member FongFebruary 18, 2022
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1717 Introduced by Assembly Member Fong
1818 February 18, 2022
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20- An act to amend Section 5937 of add Section 5937.5 to the Fish and Game Code, relating to dams.
20+ An act to amend Section 5937 of the Fish and Game Code, relating to dams.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 2919, as amended, Fong. Dams: release of water: fishway. fish populations.
26+AB 2919, as introduced, Fong. Dams: water: fishway.
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28-Existing law requires the Department of Fish and Wildlife to examine all dams in all rivers and streams in the state naturally frequented by fish. If, in the opinion of the Fish and Game Commission, there is not free passage for fish over or around any dam, existing law requires the department to cause plans to be furnished for a suitable fishway, and to order in writing the owner of the dam to provide the dam with a durable and efficient fishway. Existing law requires the owner of a dam to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.This bill would make nonsubstantive changes to that provision. provide that, notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.
28+Existing law requires the owner of a dam to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.This bill would make nonsubstantive changes to that provision.
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30-Existing law requires the Department of Fish and Wildlife to examine all dams in all rivers and streams in the state naturally frequented by fish. If, in the opinion of the Fish and Game Commission, there is not free passage for fish over or around any dam, existing law requires the department to cause plans to be furnished for a suitable fishway, and to order in writing the owner of the dam to provide the dam with a durable and efficient fishway. Existing law requires the owner of a dam to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.
30+Existing law requires the owner of a dam to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.
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32-This bill would make nonsubstantive changes to that provision. provide that, notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.
32+This bill would make nonsubstantive changes to that provision.
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3434 ## Digest Key
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3636 ## Bill Text
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38-The people of the State of California do enact as follows:SECTION 1. Section 5937.5 is added to the Fish and Game Code, to read:5937.5. Notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.SECTION 1.Section 5937 of the Fish and Game Code is amended to read:5937.The owner of a dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in a river or stream, permission may be granted by the department to the owner of a dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.
38+The people of the State of California do enact as follows:SECTION 1. Section 5937 of the Fish and Game Code is amended to read:5937. The owner of any a dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any a river or stream, permission may be granted by the department to the owner of any a dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.
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4040 The people of the State of California do enact as follows:
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4242 ## The people of the State of California do enact as follows:
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44-SECTION 1. Section 5937.5 is added to the Fish and Game Code, to read:5937.5. Notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.
44+SECTION 1. Section 5937 of the Fish and Game Code is amended to read:5937. The owner of any a dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any a river or stream, permission may be granted by the department to the owner of any a dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.
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46-SECTION 1. Section 5937.5 is added to the Fish and Game Code, to read:
46+SECTION 1. Section 5937 of the Fish and Game Code is amended to read:
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4848 ### SECTION 1.
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50-5937.5. Notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.
50+5937. The owner of any a dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any a river or stream, permission may be granted by the department to the owner of any a dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.
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52-5937.5. Notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.
52+5937. The owner of any a dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any a river or stream, permission may be granted by the department to the owner of any a dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.
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54-5937.5. Notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.
54+5937. The owner of any a dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any a river or stream, permission may be granted by the department to the owner of any a dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.
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58-5937.5. Notwithstanding any other law, the release of water from a dam shall only be regulated based on actual fish populations and not based on approximate fish populations.
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64-The owner of a dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in a river or stream, permission may be granted by the department to the owner of a dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.
58+5937. The owner of any a dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around around, or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any a river or stream, permission may be granted by the department to the owner of any a dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.