Bill Text: CA AB975 | 2025-2026 | Regular Session | Enrolled


Bill Title: Lake and streambed alteration agreements: exemptions: culverts and bridges.

Sponsorship: Partisan Bill (Republican 1)

Status: (Vetoed) 2026-01-22 - Consideration of Governor's veto stricken from file. [AB975 Detail]

Download: California-2025-AB975-Enrolled.html

Enrolled  September 16, 2025
Passed  IN  Senate  September 09, 2025
Passed  IN  Assembly  September 13, 2025
Amended  IN  Senate  September 02, 2025
Amended  IN  Senate  July 17, 2025
Amended  IN  Assembly  May 01, 2025
Amended  IN  Assembly  April 21, 2025
Amended  IN  Assembly  April 10, 2025
Amended  IN  Assembly  March 18, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 975


Introduced by Assembly Member Gallagher

February 20, 2025


An act to amend Section 1610 of the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


AB 975, Gallagher. Lake and streambed alteration agreements: exemptions: culverts and bridges.
Existing law prohibits a person, a state or local governmental agency, or a public utility from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or depositing or disposing of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless prescribed requirements are met, including written notification to the Department of Fish and Wildlife regarding the activity. Existing law requires the department to determine whether the activity may substantially adversely affect an existing fish and wildlife resource and, if so, to provide a draft lake or streambed alteration agreement to the person, agency, or utility. Existing law prescribes various requirements for lake and streambed alteration agreements. Existing law also establishes various exemptions from these provisions.
This bill would, until January 1, 2027, exempt from these provisions, subject to certain requirements, projects to repair or reconstruct a bridge 30 feet long or less or a culvert 70 feet long or less within the County of Sutter that has been damaged or destroyed as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, between January 1, 2022, and December 31, 2024, inclusive, except as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sutter.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1610 of the Fish and Game Code is amended to read:

1610.
 (a) Except as provided in subdivision (b), this chapter does not apply to any of the following:
(1) Immediate emergency work necessary to protect life or property.
(2) Immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(3) Emergency projects undertaken, carried out, or approved by a state or local governmental agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, within the existing right-of-way of the highway, that has been damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. Work needed in the vicinity above and below a highway may be conducted outside of the existing right-of-way if it is needed to stop ongoing or recurring mudslides, landslides, or erosion that pose an immediate threat to the highway, or to restore those roadways damaged by mudslides, landslides, or erosion to their predamage condition and functionality. This paragraph does not exempt from this chapter any project undertaken, carried out, or approved by a state or local governmental agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. The exception provided in this paragraph does not apply to a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code.
(4) (A) Projects to repair or reconstruct a bridge 30 feet long or less or a culvert 70 feet long or less within the County of Sutter that has been damaged or destroyed as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, between January 1, 2022, and December 31, 2024, inclusive, except that a project listed in Environmental Permit Information Management System (EPIMS) Notification No. SUT-53568-R2, executed on January 31, 2025, pursuant to this chapter, is not an eligible project under this paragraph.
(B) The entity undertaking a project pursuant to this paragraph shall conduct a biological survey to identify any species that are present, consult with the department on appropriate species protection measures, and implement those recommended measures.
(C) This paragraph shall not apply to the state highway system or at locations of intersection or connection to the state highway system.
(D) This paragraph shall remain in effect only until January 1, 2027, and is inoperative thereafter.
(b) The entity performing the work described in subdivision (a) shall notify the department of the work, in writing, within 14 days of beginning the work. Any work described in the notification that does not meet the criteria for the work described in subdivision (a) is a violation of this chapter if the entity did not first notify the department in accordance with Section 1602 or 1611.
(c) This chapter does not apply to activities undertaken pursuant to Section 1242.1 of the Water Code.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because the need to repair the County of Sutter’s bridges and culverts, which are often in rural areas and vital to evacuation routes in the event of an emergency, presents a unique risk that needs to be urgently remedied.
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