Connecticut HB 5520: AN ACT CONCERNING FISH PASSAGES.

Bill Text

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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:

Section 1. Section 26-136 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
[(a) Upon petition of ten or more persons owning property above any 3
dam or artificial obstruction existing on October 1, 1982, built upon any 4
stream, the commissioner shall determine whether such dam or artificial 5
obstruction shall be provided by the person, firm, corporation or 6
municipality or political subdivision thereof, owning or controlling the 7
dam or obstruction with a suitable fishway for the passage of fish. Upon 8
receipt of an application for a permit to construct, rebuild or 9
substantially repair a dam or artificial obstruction built upon any 10
stream, the commissioner shall require the dam or artificial obstruction 11
be provided with a fishway if such a facility is necessary to protect 12
fisheries resources by providing access to natural spawning or nursery 13
areas or to protect the public interest by preventing the loss of a fishery 14
from the area of the dam or artificial obstruction. For the purposes of 15
this section, "rebuild" or "substantially repair" means any action altering 16
the structure of the dam or artificial obstruction, changing the use of the 17
dam or artificial obstruction or impeding the available free passage of 18
fish. 19

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(b) Within thirty days from the receipt of such petition or application, 20
the commissioner shall set a time and place for a hearing thereon, if in 21
the opinion of the commissioner a hearing is reasonable or necessary. 22
(c) Upon determination that a fishway is necessary, the commissioner 23
shall issue an order to the person, firm, corporation or municipality or 24
political subdivision thereof owning or controlling the dam or 25
obstruction to construct a fishway in the form, material, capacity, at such 26
location and within such time as the commissioner establishes. The 27
commissioner shall cause a copy of the order to be served on the person, 28
firm, corporation or municipality or political subdivision thereof. Such 29
fishway shall be constructed and maintained subject to the approval of 30
the commissioner, and shall be kept open and free for the passage of 31
such fish in such manner and during such period as the commissioner 32
requires. If no such period is specified by the commissioner, it shall be 33
kept open and free from April first to November first in each year.] 34
(a) Any person may submit a petition to the Commissioner of Energy 35
and Environmental Protection for a safe, timely and effective fish 36
passage for any hydroelectric dam that is not subject to the jurisdiction 37
of the Federal Energy Regulatory Commission. Upon the submittal of 38
such a petition, the commissioner shall determine whether there is a 39
safe, timely and effective fish passage for migratory fish at all life stages 40
upstream and downstream of such dam and associated reservoir. For 41
purposes of this section, a fish passage is deemed safe, timely and 42
effective if it meets or exceeds the Connecticut River Migratory Fish 43
Restoration Cooperative's fish passage standards developed by the 44
Connecticut River Atlantic Salmon Commission. 45
(b) If the commissioner determines that there is not a safe, timely and 46
effective fish passage, the commissioner shall prescribe, by order, issued 47
to the person, firm, corporation or municipality, or political subdivision 48
thereof, that owns or controls such dam, the conditions to ensure such a 49
safe, timely and effective fish passage both upstream of such reservoir 50
and downstream of such dam. Such conditions may include, but shall 51
not be limited to, requirements to (1) construct, rebuild and operate 52

Substitute Bill No. 5520

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fishways, (2) remove any artificial obstructions, and (3) maintain 53
minimum water flows. If the commissioner determines that any existing 54
fish passage structures are ineffective or harmful to aquatic life, the 55
commissioner shall include conditions to remediate such harm, 56
including, but not limited to, removal or reconstruction of the fish 57
passage structures. 58
(c) Not later than one hundred eighty days after submittal of any such 59
petition, the commissioner shall publish notice of the commissioner's 60
tentative determination as to whether there is a safe, timely and effective 61
fish passage. If the commissioner determines that there is not a safe, 62
timely and effective fish passage, the commissioner shall publish a draft 63
order in the commissioner's notice of tentative determination. Such 64
notice shall be published on the Department of Energy and 65
Environmental Protection's Internet web site. The commissioner shall 66
provide a public comment pe