HB 5520

General Assembly  Substitute Bill No. 5520
  February Session, 2026
 AN ACT CONCERNING FISH PASSAGES.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
1Section 1. Section 26-136 of the general statutes is repealed and the
2    following is substituted in lieu thereof (Effective from passage):
3      [(a) Upon petition of ten or more persons owning property above any
4   dam or artificial obstruction existing on October 1, 1982, built upon any
5   stream, the commissioner shall determine whether such dam or artificial
6   obstruction shall be provided by the person, firm, corporation or
7   municipality or political subdivision thereof, owning or controlling the
8   dam or obstruction with a suitable fishway for the passage of fish. Upon
9   receipt of an application for a permit to construct, rebuild or
10   substantially repair a dam or artificial obstruction built upon any
11   stream, the commissioner shall require the dam or artificial obstruction
12   be provided with a fishway if such a facility is necessary to protect
13   fisheries resources by providing access to natural spawning or nursery
14   areas or to protect the public interest by preventing the loss of a fishery
15   from the area of the dam or artificial obstruction. For the purposes of
16   this section, "rebuild" or "substantially repair" means any action altering
17   the structure of the dam or artificial obstruction, changing the use of the
18   dam or artificial obstruction or impeding the available free passage of
19   fish.
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20    (b) Within thirty days from the receipt of such petition or application,
21 the commissioner shall set a time and place for a hearing thereon, if in
22 the opinion of the commissioner a hearing is reasonable or necessary.
23    (c) Upon determination that a fishway is necessary, the commissioner
24 shall issue an order to the person, firm, corporation or municipality or
25 political subdivision thereof owning or controlling the dam or
26 obstruction to construct a fishway in the form, material, capacity, at such
27 location and within such time as the commissioner establishes. The
28 commissioner shall cause a copy of the order to be served on the person,
29 firm, corporation or municipality or political subdivision thereof. Such
30 fishway shall be constructed and maintained subject to the approval of
31 the commissioner, and shall be kept open and free for the passage of
32 such fish in such manner and during such period as the commissioner
33 requires. If no such period is specified by the commissioner, it shall be
34 kept open and free from April first to November first in each year.]
35    (a) Any person may submit a petition to the Commissioner of Energy
36 and Environmental Protection for a safe, timely and effective fish
37 passage for any hydroelectric dam that is not subject to the jurisdiction
38 of the Federal Energy Regulatory Commission. Upon the submittal of
39 such a petition, the commissioner shall determine whether there is a
40 safe, timely and effective fish passage for migratory fish at all life stages
41 upstream and downstream of such dam and associated reservoir. For
42 purposes of this section, a fish passage is deemed safe, timely and
43 effective if it meets or exceeds the Connecticut River Migratory Fish
44 Restoration Cooperative's fish passage standards developed by the
45 Connecticut River Atlantic Salmon Commission.
46    (b) If the commissioner determines that there is not a safe, timely and
47 effective fish passage, the commissioner shall prescribe, by order, issued
48 to the person, firm, corporation or municipality, or political subdivision
49 thereof, that owns or controls such dam, the conditions to ensure such a
50 safe, timely and effective fish passage both upstream of such reservoir
51 and downstream of such dam. Such conditions may include, but shall
52 not be limited to, requirements to (1) construct, rebuild and operate
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53 fishways, (2) remove any artificial obstructions, and (3) maintain
54 minimum water flows. If the commissioner determines that any existing
55 fish passage structures are ineffective or harmful to aquatic life, the
56 commissioner shall include conditions to remediate such harm,
57 including, but not limited to, removal or reconstruction of the fish
58 passage structures.
59    (c) Not later than one hundred eighty days after submittal of any such
60 petition, the commissioner shall publish notice of the commissioner's
61 tentative determination as to whether there is a safe, timely and effective
62 fish passage. If the commissioner determines that there is not a safe,
63 timely and effective fish passage, the commissioner shall publish a draft
64 order in the commissioner's notice of tentative determination. Such
65 notice shall be published on the Department of Energy and
66 Environmental Protection's Internet web site. The commissioner shall
67 provide a public comment period on such tentative determination of not
68 less than thirty days following publication of such tentative
69 determination and the Department of Energy and Environmental
70 Protection shall hold a public hearing before making any final
71 determination on such petition. The person, firm, corporation or
72 municipality, or political subdivision thereof, that owns or controls any
73 dam that is the subject of such a public hearing shall be deemed to be a
74 party to such hearing.
75    (d) For any dam or artificial obstruction not subject to the provisions
76 of subsection (a) of this section, the commissioner shall, upon petition of
77 ten or more persons that own property above any such dam or artificial
78 obstruction existing on October 1, 1982, built upon any stream,
79 determine whether such dam or artificial obstruction shall be provided,
80 by the person, firm, corporation or municipality, or political subdivision
81 thereof, that owns or controls such dam or obstruction, with a suitable
82 fishway for the passage of fish.
83    (e) Upon receipt of any application for a permit to construct, rebuild
84 or substantially repair a dam or artificial obstruction built upon any
85 stream, as described in subsection (d) of this section, the commissioner
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86 shall require such dam or artificial obstruction be provided with a
87 fishway if such a facility is necessary to protect fisheries resources by
88 providing access to natural spawning or nursery areas or to protect the
89 public interest by preventing the loss of a fishery from the area of the
90 dam or artificial obstruction. For the purposes of this subsection,
91 "rebuild" or "substantially repair" means any action altering the
92 structure of the dam or artificial obstruction, changing the use of the
93 dam or artificial obstruction or impeding the available free passage of
94 fish.
95    (f) Not later than thirty days after receipt of such a petition, as
96 described in subsection (d) of this section, or an application, as described
97 in subsection (e) of this section, the commissioner shall set a time and
98 place for a hearing on such petition or application, as applicable, if, in
99 the opinion of the commissioner, a hearing is reasonable or necessary.
100    (g) Upon a determination that a fishway is necessary pursuant to
101 subsection (d) or (e) of this section, as applicable, the commissioner shall
102 issue an order to the person, firm, corporation or municipality, or
103 political subdivision thereof, that owns or controls such dam or
104 obstruction to construct a fishway in the form, material, capacity, at such
105 location and within such time as the commissioner establishes. The
106 commissioner shall cause a copy of such order to be served on such
107 person, firm, corporation or municipality, or political subdivision
108 thereof. Such fishway shall be constructed and maintained subject to the
109 approval of the commissioner, and shall be kept open and free for the
110 passage of such fish in such manner and during such period as the
111 commissioner requires. If no such period is specified by the
112 commissioner, such fishway shall be kept open and free from April first
113 to November first in each year.
  This act shall take effect as follows and shall amend the following
  sections:
  Section 1     from passage  26-136
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ENV   Joint Favorable Subst.
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