General Assembly Raised Bill No. 5520 seeks to improve fish passage regulations for hydroelectric dams that are not regulated by the Federal Energy Regulatory Commission. The bill allows any individual to petition the Commissioner of Energy and Environmental Protection to evaluate the effectiveness of fish passage for migratory fish at all life stages, both upstream and downstream of these dams. If the commissioner determines that the existing passage is inadequate, they can issue orders for actions such as constructing or rebuilding fishways, removing obstructions, and maintaining minimum water flows. The bill also requires the commissioner to publish a notice of their preliminary determination within 180 days of receiving a petition, followed by a public comment period and hearing.

Furthermore, the bill retains provisions for existing dams and artificial obstructions built before October 1, 1982, allowing property owners above these structures to petition for the necessity of fishways. The commissioner must hold hearings on these petitions within 30 days and issue orders for the construction and maintenance of fishways as needed. The legislation modifies Section 26-136 of current law by incorporating new provisions that establish updated criteria and procedures for fish passage while removing outdated language, thereby promoting environmental sustainability and the protection of aquatic ecosystems.

Statutes affected:
Raised Bill: 26-136