HB 5355 — AN ACT CONCERNING THE WATER RESOURCES OF THE UPPER FARMINGTON RIVER VALLEY.

Substitute House ofBill Representatives File No.

6595355 GeneralPublic AssemblyAct February Session, 2024Reprint of File No.

193)24-13 SubstituteAN HouseACT BillCONCERNING No.THE WATER RESOURCES OF THE UPPER FARMINGTON RIVER VALLEY.

5355 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner May 3, 2024 AN ACT CONCERNING THE WATER RESOURCES OF THE UPPER FARMINGTON RIVER VALLEY.

sHB5355Sec. / File No.

659 sHB5355 File No.

659 Sec.

(Effective from passage) Not later than January 1, 2025, within available resources, the Commissioner of Energy and Environmental Protection shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment,Substitute onrecommendedHouse coursesBill ofNo. action for the state to manage the waters contained in Colebrook River Lake between the levels of seven hundred one feet and six hundred forty-one feet in the event that the federal government releases the Metropolitan District Commission from responsibility for such waters.

5355 environment, onrecommended courses of action for the state to manage the waters contained in Colebrook River Lake between the levels of seven hundred one feet and six hundred forty-one feet in the event that the federal government releases the Metropolitan District Commission from responsibility for such waters.

ThisApproved actMay shall14, take2024 effectPublic asAct followsNo. and shall amend the following sections:

Section24-13 12 fromof passage2 New section Sec.

2 from passage New section sHB5355 / File No.

659 2 sHB5355 File No.

659 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill, which addresses the flow of the upper Farmington River, is not anticipated to result in a fiscal impact to the state or municipalities.

The bill requires the Department of Energy and Environmental Protection (DEEP) and the Metropolitan District Commission (MDC) to take action to promote optimum flow for multiple listed purposes.

The department currently monitors flow and makes release requests for several of the specified purposes.

DEEP does not require additional resources to monitor flow for the remaining specified purposes (flood risk reduction and safety, and hydropower) because that is determined by other entities, which will not be impacted by the bill.

DEEP also has the necessary expertise to prepare and submit the required report by January 1, 2025.

House "A" makes a technical change that has no fiscal impact.

The Out Years State Impact:

None Municipal Impact:

None sHB5355 / File No.

659 3 sHB5355 File No.

659 OLR Bill Analysis sHB 5355 (as amended by House "A")* AN ACT CONCERNING THE WATER RESOURCES OF THE UPPER FARMINGTON RIVER VALLEY.

SUMMARY This bill requires the Department of Energy and Environmental Protection (DEEP) commissioner to make Colebrook River Lake Dam release and holdback requests to the U.S.

Army Corps of Engineers, as needed, to achieve an optimum flow in the Farmington River for fish and wildlife, recreation, the river’s health, flood risk reduction, tourism, hydropower, and safety.

The commissioner must consult with the Metropolitan District Commission (MDC) when doing this.

(Colebrook River Lake Dam is on the west branch of the Farmington River in Colebrook.) The bill also requires MDC to release from the Goodwin Dam the amount of water released from the Colebrook Dam based on the DEEP commissioner’s requests.

This applies regardless of any state statute or special act.

(The Goodwin Dam is on the west branch of the Farmington River just east of Colebrook, downstream from the Colebrook River Lake Dam.) Lastly, the bill requires the DEEP commissioner to report to the Environment Committee by January 1, 2025, on recommended ways for the state to manage Colebrook River Lake waters between 701 and 641 feet in case the federal government releases MDC from its responsibility for these waters.

The report must address the state’s interest in achieving an optimum flow for fish and wildlife, recreation, the river’s health, flood risk reduction, tourism, hydropower, and safety.

The sHB5355 / File No.

659 4 sHB5355 File No.

659 commissioner must consult with relevant stakeholders when preparing the report.

*House Amendment “A” applies the MDC requirement relating to the Goodwin Dam regardless of any special act.