AN ACT CONCERNING MINOR REVISIONS TO DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION RELATED STATUTES.

Substitute House Bill No. 5153

Public Act No. 26-124

AN ACT CONCERNING MINOR REVISIONS TO DEPARTMENT OF
ENERGY AND ENVIRONMENTAL PROTECTION RELATED
STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subsection (c) of section 7 -131d of the 2026 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(c) Grants may be made under the protected open space and
watershed land acquisition grant program established under subsection
(a) of this section for restoration or protection of natural features or
habitats of, or for repurposing for urban agricultural use on, open space
already owned by a (1) distressed municipality, as defined in section 32-
9p, (2) targeted investment community, as defined in section 32-222, (3)
municipality, provided such open space is located in an environmental
justice community, as defined in section 22a -20a, or is immediately
adjacent to a United States census block group described in subdivision
(1) of subsection (a) of section 22a-20a, or (4) nonprofit land conservation
organization, provided such open space is located in a distressed
municipality, targeted investment community or environmental justice
community or is immediately adjacent to a United States census block
group described in subdivision (1) of subsection (a) of section 22a -20a.
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Such restoration or protection may include, but need not be limited to,
(A) wetland, wildlife or plant habitat restoration or restoration of other
sites to a more natural condition, (B) urban agricultural use, or (C)
replacement of vegetation. The total amount of grants made pursuant to
this subsection shall not exceed twenty per cent of the total amount of
grants made pursuant to the open space and watershed land acquisition
grant program in any fiscal year.
Sec. 2. Subsection (c) of section 7 -131g of the general statutes is
repealed and the following is substituted in lieu thereof ( Effective from
passage):
(c) Notwithstanding the provisions of [subdivision (3) of subsection
(c) of] subparagraph (C) of subdivision (1) of subsection (d) of section 7-
131d, any land that is the subject of the execution or recording of a
conservation easement or restriction [that resulted from a federally
funded land conservation program, municipal conservation grant
program or a private conservation grant program, ] prior to the
recording of a permanent conservation easement described in
subsection [(e)] (f) of section 7 -131d [,] shall not be construed to
constitute land that has already been committed for public use,
provided:
(1) Such prior conservation easement or restriction is executed [after
the execution of the grant agreement for a grant to preserve such land
under the provisions of this section ] or reserved not more than six
months prior to the application deadline for the grant round under
which the acquisition of the state's interest in such land will be funded ,
(2) at the time of the recording of the permanent conservation easement
required pursuant to subsection [(e)] (f) of section 7 -131d, any
nonfederal holder of any su ch prior easement subordinates such
holder's interests in the land to the interests of the state [,] in form and
substance satisfactory to the Commissioner of Energy and
Environmental Protection, and (3) [such other federal funds, municipal
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grant funds or private grant funds are used as matching funds for a
grant issued under this section, and (4) ] the Commissioner of Energy
and Environmental Protection determines, based on all pertinent
circumstances, that the conveyance of such other conservation easement
or restriction, in combination with the acquisition of the state's interest
under this section, constitutes one concurrent acquisition of property or
interests therein.
Sec. 3. Subsection (d) of section 22a-202 of the 2026 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(d) On and after July 1, 2022, the Commissioner of Energy and
Environmental Protection shall establish and administer a program to
provide rebates or vouchers to residents, municipalities, businesses,
nonprofit organizations and tribal entities located in this state when
such residents, municipalities, businesses, organizations or tribal
entities purchase or lease a new or used battery electric vehicle, plug-in
hybrid electric vehicle or fuel cell electric vehicle. The commissioner, in
consultation with the advisory board, shall establish and revise, as
necessary, appropriate rebate levels, voucher amounts and maximum
income eligibility for [such] prioritized rebates or vouchers. The
commissioner shall prioritize the granting of rebates or vouchers to (1)
residents [of environmental justice communities, residents ] having
household incomes at or below three hundred per cent of the federal
poverty level , and (2) residents who participate in state and federal
assistance programs, including, but not limited to, the state -
administered federal Supplemental Nutrition Assistance Program,
state-administered federal Low Income Home Energy Assistance
Program, a Head Start program established pursuant to section 10 -16n
or assistance provided by Operation Fuel, Incorporated. Any such
rebate or voucher awarded to [a] an income-qualified resident [of an
environmental justice community ] shall be in an amount not less than
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two hundred per cent [more than ] of the standard rebate level or
voucher amount. The commissioner, in consultation with the advisory
board, may additionally prioritize the granting of rebates or vouchers to
non-income-qualified residents of environmental justice communities
over other non -income-qualified residents. An eligible municipality,
business, nonprofit organization or tribal entity may receive not more
than ten rebates or vouchers a year, within available funds, and not
more than a total of twenty rebates or vouchers, except the
commissioner may issue additional rebates or vouchers to an eligible
business or nonprofit organization that operates a fleet of motor vehicles
exclusively in an environmental justice community. On and after July 1,
2022, and until June 30, 2027, inclusive, a battery electric vehicle, plug -
in hybrid electric vehicle or fuel cell electric vehicle that is eligible for a
rebate or voucher under the program shall have a base manufacturer's
suggested retail price of not more than fifty thousand dollars.
Sec. 4. Subsection (d) of section 22a -201d of the general statutes is
repealed and the following is substituted in lieu thereof ( Effective from
passage):
(d) The Commissioner of Energy and Environmental Protection shall
establish and administer a grant program for the purpose of providing
[matching] a portion of the funds necessary for municipalities, school
districts and school bus operators [to submit federal grant applications
in order ] to maximize federal or other funding or financing for the
purchase or lease of zero -emission school buses and electric vehicle
charging or fueling infrastructure. Applications for such grants shall be
filed with the commis sioner at such time and in such manner as the
commissioner prescribes. The commissioner shall give preference to
applications concerning the purchase or lease of a zero-emission school
bus that will be operated primarily in an environmental justice
community. The commissioner shall determine the amount a
municipality, school district or school bus operator shall be required to
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provide to match such grant.
Sec. 5. Subdivision (4) of section 25 -231 of the general statutes is
repealed and the following is substituted in lieu thereof ( Effective from
passage):
(4) "Major state plan" means any of the following: The plan for
development of outdoor recreation adopted pursuant to section 22a-21,
the state -wide solid waste management plan adopted pursuant to
section 22a-228, the state -wide plan for the management of water
resources adopted pursuant to section 22a -352, the state -wide
environmental plan adopted pursuant to section 22a -8, the historic
preservation plan adopted under the National Historic Preservation
Act, 16 USC 470 et seq., the state-wide facility and capital plan adopted
pursuant to section 4b-23, the state's consolidated plan for housing and
community development prepared pursuant to section 8 -37t, the water
quality management plan adopted under the federal Clean Water Act,
33 USC 1251 et seq., and any plans for managing forest resources
adopted pursuant to section 23 -20; [and the Connecticut River Atlantic
Salmon Compact adopted pursuant to section 26-302;]
Sec. 6. Section 26 -86a of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2026):
(a) The commissioner shall establish by regulation adopted in
accordance with the provisions of chapter 54 standards for deer
management, and methods, regulated areas, bag limits, seasons and
permit eligibility for hunting deer with bow and arrow, muzzlelo ader
and shotgun, except that no such hunting shall be permitted on Sunday
unless it is conducted on private lands pursuant to section 26 -73, as
amended by this act. No person shall hunt, pursue, wound or kill deer
with a firearm without first obtaining a deer permit from the
commissioner in addition to the license required by section 26 -27.
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Application for such permit shall be made on forms furnished by the
commissioner and containing such information as he may require. Such
permit shall be of a design prescribed by the commissioner, shall contain
such information and conditions as the commissioner may require, and
may be revoked for violation of any provision of this chapter or
regulations adopted pursuant thereto. As used in this section,
"muzzleloader" means a rifle or shotgun of at least forty -five caliber,
incapable of firing a self -contained cartridge, which uses [powder,] a
projectile, including, but not limited to, a standard round ball, mini -
balls, maxi-balls and Sabot bullets, [and wadding] loaded separately at
the muzzle end, and "rifle" means a long gun the projectile of which is
six millimeters or larger in diameter. The fee for a firearms permit shall
be nineteen dollars for residents of the state and sixty -eight dollars for
nonresidents, except that any nonresident who is an active full -time
member of the armed forces, as defined in section 27-103, may purchase
a firearms permit for the same fee as is charged a resident of the state.
The commissioner shall issue, without fee, a private land deer permit to
the owner of ten or more acres of private land and the husband or wife,
parent, grandparent, sibling and any lineal descendant of such owner,
provided no such owner, husband or wife, parent, grandparent, sibling
or lineal descendant shall be issued more than one such permit per
season. Such permit shall allow the use of a rifle, shotgun, muzzleloader
or bow and arrow on such land from November first to December thirty-
first, inclusive. Deer may be so hunted at such times and in such areas
of such state -owned land as are designated by the Commissioner of
Energy and Environmental Prot ection and on privately owned land
with the signed consent of the landowner, on forms furnished by the
department, and such signed consent shall be carried by any person
when so hunting on private land. The owner of ten acres or more of
private land may al low the use of a rifle to hunt deer on such land
during the shotgun season. The commissioner shall determine, by
regulation, the number of consent forms issued for any regulated area
established by said commissioner. The commissioner shall provide for
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a fair and equitable random method for the selection of successful
applicants who may obtain shotgun and muzzleloader permits for
hunting deer on state lands. Any person whose name appears on more
than one application for a shotgun permit or more than one application
for a muzzleloader permit shall be disqualified from the selection
process for such permit. No person shall hunt, pursue, wound or kill
deer with a bow and arrow without first obtaining a bow and arrow
permit pursuant to section 26 -86c. "Bow an d arrow", as used in this
section and in section 26 -86c, means a bow with a draw weight of not
less than forty pounds. The arrowhead shall have two or more blades
and may not be less than seven -eighths of an inch at the widest point.
No person shall carry firearms of any kind while hunting with a bow
and arrow under this section and section 26-86c.
(b) Any person who takes a deer without a permit shall be fined not
less than two hundred dollars or more than five hundred dollars or
imprisoned not less than thirty days or more than six months or shall be
both fined and imprisoned, for the first offense, and for each subsequent
offense shall be fined not less than two hundred dollars or more than
one thousand dollars or imprisoned not more than one year or shall be
both fined and imprisoned.
Sec. 7. Subsection (b) of section 26 -91 of the 2026 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2026):
(b) The Commissioner of Energy and Environmental Protection may
authorize any municipality, homeowner association , [or] nonprofit
land-holding organization or corporate entity approved by the
commissioner under the provisions of this section to take resident
Canada geese at any time or place using any method consistent with
professional wildlife management principles. Any such municipality,
homeowner association , [or] nonprofit land -holding organization or
corporate entity shall submit to the commissioner, for the
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commissioner's review and approval, a plan that describes the extent
and degree of the nuisance or ecological damage and the proposed
method of taking. Such plan shall include prohibitions against feeding
of such geese and requirements that landscaping in the area is managed
in a way to be less hospitable to geese, utilizing native plantings. Prior
to the implementation of such plan, the municipality, homeowner
association, [or] nonprofit land-holding organization or corporate entity
shall provide notice of such plan to abutting landowners of such place
where the plan will be implemented. Such plan shall not authorize the
use of a snare.
Sec. 8. Section 26-73 of the 2026 supplement to the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
Notwithstanding any provision of this chapter, Sunday shall be a
closed season except for hunting on private property and for the
purpose of trapping under the provisions of this chapter. Sunday shall
be a closed season for the hunting of migratory birds. The possession in
the open air on Sunday of any implement for hunting shall be prima
facie evidence of hunting. No provision of this section shall be construed
so as to affect any provision of section 26 -31, 26 -48, 26 -52 or 27 -35.
Artificially propagated b irds designated by the commissioner may be
shot on Sundays on licensed private shooting preserves subject to such
regulations of the commissioner as may apply to such private shooting
preserves, provided permission so to shoot has been obtained from the
town or towns within which such licensed private shooting preserves
are located. [Any] Except for any person that hunts with a private land
turkey hunting permit or a Connecticut Resident Game Bird
Conservation Stamp issued without a fee pursuant to regulati ons
adopted pursuant to sections 26 -66 and 26-27b, any person who hunts
deer or turkey on private property pursuant to this section shall: (1)
Have the written permission of the private property owner where such
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hunting is conducted, and (2) carry such written permission upon his or
her person during the hunting. No person shall hunt on Sunday on
private property pursuant to this section within forty yards of a blazed
trail open to the public, including, but not l imited to, Connecticut blue
blazed trails and federally designated and regulated trails.
Sec. 9. (NEW) ( Effective July 1, 2026 ) Except as prohibited in
subdivision (1) of subsection (i) of section 22a -208a of the general
statutes, the Commissioner of Energy and Environmental Protection
may, notwithstanding any provision of title 22a of the general statutes,
issue a general permit for any activity that the commissioner may
authorize by issuance of an individual permit, provided the
commissioner determines that such activity both separately and
cumulatively causes minimal environmental effects. S uch
determination shall be specified in the public notice for any such general
permit notice pursuant to this section.
Sec. 10. (NEW) (Effective from passage) For the purposes of any water
discharge permit issued pursuant to chapter 446k of the general statutes,
or any regulation adopted pursuant thereto, "discharges from public or
private drinking water treatment systems" includes potable water
system maintenance or sampling wastewaters which include: (1)
Potable water storage tank or water line draining for maintenance or
hydrostatic tes ting purposes; (2) raw or treated water from process
sampling points, including on -line process analytical instrumentation;
(3) raw or treated water from equipment leakage and bleed -off; and (4)
periodic hydrant flushing.
Sec. 11. Subsection (f) of section 22a -174 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(f) The commissioner shall allow the open burning of brush on
residential property, provided the burning is conducted by the resident
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of the property or the agent of the resident and a permit for such burning
is obtained from the local open burning official of the municipality in
which the property is located, and the open burning of brush in
municipal landfills, transfer stations and mu nicipal recycling centers,
provided a permit for such burning is obtained from the fire marshal of
the municipality where the facility is located, except that no open
burning of brush shall occur (1) when national or state ambient air
quality standards may be exceeded; (2) where a hazardous health
condition might be created; (3) when the forest fire danger in the area is
identified by the commissioner as high, very high or extreme and where
woodland or grass land is within one hundred feet of the proposed
burn; (4) where there is an advisory from the commissioner of any air
pollution episode; (5) where prohibited by an ordinance of the
municipality; and (6) in the case of a municipal landfill, when such
landfill is within an area designated as a hot spot on the open burning
map prepared by the commissioner. A permit for the burning of brush
at any municipal landfill, municipal transfer station or municipal
recycling center shall be issued no more than six times in any calendar
year. The proposed permit to bur n brush at any municipal landfill,
municipal transfer station or municipal recycling center shall be
submitted to the commissioner by the fire marshal, with the approval of
the chief elected official of the municipality in which the municipal
landfill, mun icipal transfer station or municipal recycling center is
located. The commissioner shall approve or disapprove the fire
marshal's proposed permitting of burning of brush at a municipal
landfill, municipal transfer station or municipal recycling center within
a reasonable time of the filing of such application. The burning of leaves,
demolition waste or other solid waste deposited in such landfill shall be
prohibited. The burning of nonprocessed wood for campfires and
bonfires is not prohibited if the burning is conducted so as not to create
a nuisance and in accordance with any restrictions imposed on such
burning. Nothing in this subsection or in any regulation adopted
pursuant to this subsection shall affect the power of any municipality to
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regulate or ban the open burning of brush within its boundaries for any
purpose. Notwithstanding any other provision of this section, fire
breaks for the purpose of controlling forest fires and controlled fires in
saltwater marshes to forestall uncontrolle d fires are not prohibited.
Open burning may be engaged in for any of the following purposes if
the open burning official with jurisdiction over the area where the
burning will occur issues an open burning permit: Fire -training
exercises; eradication or co ntrol of insect infestations or disease;
agricultural purposes; clearing vegetative debris following a natural
disaster; and vegetative management or enhancement of wildlife habitat
or ecological sustainability on municipal property or on any privately
owned property permanently dedicated as open space. Open burning
for such purposes on state property may be engaged in with the written
approval of the commissioner. Local burning officials nominated for the
purposes of this subsection shall be nominated only by the chief
executive officer of the municipality in which the official will serve and
shall be certified by the commissioner. The chief executive officer may
revoke the nomination. The commissioner may adopt regulations, in
accordance with the provision s of chapter 54, governing open burning
and may authorize or prohibit open burning consistent with this section.
The regulations may require the payment of an application fee and
inspection fee and may establish a certification procedure for local
burning officials.
Sec. 12. Section 23 -36 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
The State Forest Fire Warden may take such action as said warden
deems necessary to provide for the prevention and control of forest fires.
Said warden may enter into agreements with federal agencies, with
cities, boroughs and fire districts and with forest protective associations
for the purpose of carrying out the provisions of this section. Said
warden, if the Commissioner of Energy and Environmental Protection
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deems necessary, may prohibit open flames upon any or all lands under
the commissioner's control. Said warden shall divide the state into
districts for the purpose of preventing and controlling forest fires and
shall appoint within these districts such district fire wardens, not
exceeding two hundred and fifty, as said warden deems necessary, who
shall serve for two years or until their successors are appointed. The
State Forest Fire Warden shall have supervision of district fire wardens
and shall instruct them in their duties. Each district fire warden may,
with the approval of the State Forest Fire Warden, appoint deputies to
assist in extinguishing fires and to take charge of such extinguishing in
such district fire warden's absence, provided, in cities h aving paid fire
departments and whose boundaries are coterminous with the town
boundaries, the State Forest Fire Warden may appoint a district fire
warden and may assume responsibility for forest fires only upon the
written request of the mayor of such cit y and for such portions as may
be designated by such mayor. Cities without paid fire departments and
portions of towns outside of city limits shall be included in forest fire
districts and the State Forest Fire Warden may employ volunteer fire
companies under the conditions described in this section and sections
23-37 to 23 -42, inclusive. The State Forest Fire Warden shall establish
rates of compensation for equipment usage, fire fighting materials and
supplies expended and firefighter and laborer time expe nded in
extinguishing forest fires to be paid to such volunteer fire companies as
may be employed. In establishing such rates, the State Forest Fire
Warden may differentiate between various kinds of equipment and
material and supplies used and the provisio ns of section 23 -39, as
amended by this act, shall apply to the establishment of rates of
compensation for firefighter and laborer time. Notwithstanding any
provision of the general statutes or any municipal ordinance, upon the
declaration by the Governor of the existence of a state of emergency due
to forest fire, the State Forest Fire Warden may assume direct authority
over efforts to extinguish any forest fire and may assign such authority
to any state forest fire control personnel.
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Sec. 13. Section 23 -39 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
The compensation of district and deputy fire wardens, trained
firefighters organized in accordance with rules issued by the State Forest
Fire Warden and such laborers as said warden finds it necessary to
employ shall be fixed by said warden on an hourly basis, subject to the
approval of the Commissioner of Administrative Services. Volunteer
fire companies may be compensated in accordance with section 23 -36,
as amended by this act . The chief of the fire department in any town,
city or borough who receives a regular salary shall be paid no additional
compensation when acting as a fire warden. Di strict fire wardens shall
prepare their bills for services rendered by them and by the personnel
and automobiles and other apparatus employed or used by them in
extinguishing fires. The chief of any volunteer fire company may
prepare bills for services ren dered by said company and by the
personnel and automobiles and other apparatus employed or used by
them in extinguishing forest fires, if said company is allowed by town
ordinance to receive payment for such bills. Such bills shall be on a form
prescribed by the State Forest Fire Warden and shall be submitted to the
State Forest Fire Warden within one month after the services have been
rendered, and, if found correct and approved by said warden, shall be
ordered paid by the State Comptroller. Due to emergency, the State
Forest Fire Warden may extend the one-month submittal deadline to not
more than four months. A copy of each bill so paid on account of any
fire within a city, as provided in section 23 -36, as amended by this act ,
shall be sent by the State Forest Fire Warden to the city treasurer of the
city in which the fire occurred, except bills for which a railroad company
is liable under the provisions of section 23-42, and, on or before the tenth
day of December in each year, such city treasurer shall dr aw the
treasurer's order in favor of the State Treasurer for the full amount of
such bills submitted during the twelve months next preceding. The State
Forest Fire Warden may forgive such bills if the state would incur
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administrative costs in collecting the debt owed that would exceed the
actual debt owed. Bills for expenses incurred or services rendered by
district or deputy wardens in the performance of duties other than fire
fighting shall be submitted to the State Forest Fire Warden on or before
the tenth day of December and the tenth day of June in each year. Upon
approval by the State Forest Fire Warden, such bills shall be ordered
paid by the State Comptroller from any sums available for the expenses
of the State F orest Fire Warden. All fire warden bills authorized by
sections 23 -37, 23 -38, 23 -40 to 23 -42, inclusive, and this section shall
show in detail the amount and character of the services performed, the
exact duration thereof and all disbursements made by such wardens.
Sec. 14. Section 23 -50 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
Whenever it appears to the Governor that by reason of extreme
drought or other hazardous conditions there is danger of forest fires,
[he] the Governor may proclaim [that] one or more of the following: (1)
That any or all sections of woodland and brush land in the state shall be
closed, for such time as [he] the Governor may designate, to all persons
except the owners or tenants of such woodlands and their agents and
employees, and [during such period of closure ] (2) that no fire shall be
kindled in the open air in any or all areas of the state . As soon as the
woodland is deemed free from the danger of fire, the Governor may
revoke [his] such proclamation. Any person who enters upon forest or
brush land, except as provided herein, or who kindles or causes to be
kindled a fire in the open air, during the period covered by th e
Governor's proclamation, shall be fined not less than five hundred
dollars nor more than one [hundred] thousand dollars or imprisoned
not more than six months or be both fined and imprisoned.
Sec. 15. Subsection (a) of section 26 -136 of the general statutes, as
amended by section 6 of public act 26-101, is repealed and the following
is substituted in lieu thereof (Effective from passage):
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(a) [Any person] Ten or more persons may submit a petition to the
Commissioner of Energy and Environmental Protection for a safe,
timely and effective fish passage for any hydroelectric dam that is not
subject to the jurisdiction of the Federal Energy Regulatory
Commission. Upon the submitta l of such a petition, the commissioner
shall determine whether there is a safe, timely and effective fish passage
for migratory fish at all life stages upstream and downstream of such
dam and associated reservoir. For pu rposes of this section, a fish
passage is deemed safe, timely and effective if it meets or exceeds the
Connecticut River Migratory Fish Restoration Cooperative's fish
passage standards developed by the Connecticut River Atlantic Salmon
Commission.
Sec. 16. Section 26 -302 of the general statutes is repealed. ( Effective
from passage)