SB284ENROLLED
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RBJGNY-3
By Senator Chambliss
RFD: State Governmental Affairs
First Read: 03-May-23
2023 Regular Session
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Enrolled, An Act,
Relating to dam safety; to provide for the inspection
of certain dams and reservoirs by an engineer; to require
certain dam owners to develop emergency action plans; and to
require these dam owners to notify their local emergency
management agency of any new dam construction or enlargement.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only to dams and
reservoirs whose owner or owners have elected to be subject to
this act.
Section 2. For the purposes of this act, the following
terms have the following meanings:
(1) ABANDON or ABANDONMENT. To render a dam
non-impounding by dewatering and filling the reservoir created
by the dam with solid materials, by diverting the natural
drainway around the site, or by removing a portion of a dam to
allow drainage to occur the same, or nearly the same, as
before the construction of the dam.
(2) ADVERSE CONSEQUENCES. Negative impacts that may
occur upstream, downstream, or at locations remote from the
dam. The primary concerns are loss of human life, disruption
of public infrastructure, environmental impact, and economic
loss, including property damage.
(3) ALTERATIONS or REPAIRS. Alterations or repairs to
an existing dam and appurtenant structures that affect the
safety of the dam or reservoir.
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(4) APPURTENANT WORKS. The structures or machinery
incident or annexed to a dam whose purpose is to operate,
assist, and maintain a dam. The term includes spillways,
either in the dam or separate therefrom, the reservoir and its
rim, low level outlet works, and water conduits, including
tunnels, pipelines, or penstocks, either through the dam or
its abutments.
(5) BREACH. Partial removal of a dam, creating a
channel through the dam to the original stream bottom
elevation.
(6) DAM.
a. An artificial barrier, including appurtenant works,
with the ability to impound water, wastewater, or liquid-borne
materials and to which either of the following apply:
1. Is 25 feet or more in height from the natural bed of
the stream or watercourse measured at the downstream toe of
the barrier, or from the lowest elevation of the outside limit
of the barrier, if it is not across a stream channel or
watercourse, to the maximum water storage elevation.
2. Has an impounding capacity at maximum water storage
elevation of 50 acre feet or more.
b. The term includes a fill or structure for highway or
railroad use or for any other purpose which impounds water.
c. This definition does not apply to any barrier not in
excess of six feet in height regardless of storage capacity or
which has a storage capacity at maximum water storage
elevation not greater than 15 acre feet regardless of height,
unless the barrier, due to its location or other physical
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characteristics, is classified as a high hazard potential dam.
d. This definition does not apply to any dam subject to
the jurisdiction of any other state or federal agency.
e. The term does not include any obstruction in a canal
used to raise or lower water.
f. This term does not include privately owned dams,
regardless of the hazard designation, unless the owner has
voluntarily elected to participate in the program in
accordance with this act.
(7) DAYS. In establishing deadlines, means all calendar
days, including Sundays and holidays.
(8) EMERGENCY. Includes all conditions leading to or
causing a breach, overtopping, or any other condition of a dam
and its appurtenant structures that may be construed as unsafe
or threatening to life or property.
(9) EMERGENCY ACTION PLAN. A plan that identifies the
area that would likely be inundated by the failure of a dam
and the actions that should be taken in the event of a failure
or threatening condition at the dam.
(10) ENGINEER. An engineer who has a background in
civil engineering and:
a. Is a licensed professional engineer.
b. Is competent in areas related to dam investigation,
design, construction, and operation for the type of dam being
investigated, designed, constructed, or operated.
c. Has relevant experience in areas such as
investigation, design, construction, reconstruction,
enlargement, repair, alteration, maintenance, operation,
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breach, removal, or abandonment of dams.
d. Understands adverse dam incidents, failures, and the
potential causes and consequences of failures.
e. Continues with necessary training and continuing
education to keep abreast of the state of the practice in dam
safety engineering.
(11) ENLARGEMENT. Any change in or addition to an
existing dam or reservoir that raises or may raise the water
storage elevation of the water impounded by the dam.
(12) HAZARD POTENTIAL. The possible adverse incremental
consequences that result from the release of water or stored
contents due to failure of the dam or misoperation of the dam
or appurtenances. The hazard potential classification of a dam
does not reflect in any way on the current condition of the
dam and its appurtenant structures, including safety,
structural integrity, or flood routing capacity.
(13) HIGH HAZARD POTENTIAL DAM. A dam assigned the high
hazard potential classification where the dam's failure or
misoperation will likely cause loss of human life.
(14) LOCAL EMERGENCY MANAGEMENT AGENCY. The local
emergency management organization that has jurisdiction over
the area in which a dam or reservoir is located.
(15) LOW HAZARD POTENTIAL DAM. A dam assigned the low
hazard potential classification where failure or misoperation
results in no probable loss of human life and low economic or
environmental losses with those economic losses that do occur
being principally limited to the owner's property.
(16) PARTICIPATING OWNER. Any of the following that
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elect to be included in this definition by written affidavit
delivered to the local emergency management agency:
a. Any municipal or quasi-municipal corporation.
b. Any county or quasi-county corporation.
c. Any public utility.
d. Any district as defined by Section 11-99A-2, Code of
Alabama 1975.
e. Any person.
f. The duly authorized agent, lessee, or trustee of any
of the foregoing.
g. Receivers or trustees appointed by any court for any
of the foregoing.
(17) PERSON. Any individual, bankruptcy trustee, firm,
association, organization, partnership, business trust,
corporation, limited liability corporation, limited liability
partnerhsip, or company.
(18) PROBABLE. More likely than not to occur;
reasonably expected; realistic.
(19) RECONSTRUCTION. Removal and replacement of an
existing dam or a portion thereof.
(20) REMOVAL. Complete elimination of the dam
embankment or structure to restore the approximate original
topographic contours of the valley.
(21) RESERVOIR. Any area that contains or will contain
impounded water, wastewater, or liquid-borne materials by
virtue of its having been impounded by a dam. This term does
not include privately owned reservoirs, regardless of the
hazard designation, unless the owner has elected to
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participate in the program in accordance with this act.
(22) SIGNIFICANT HAZARD POTENTIAL DAM. A dam assigned
the significant hazard potential classification where failure
or misoperation results in no probable loss of human life but
can result in major economic loss, environmental damage,
disruption of lifeline facilities, or other issues impacting
public safety and welfare.
(23) WATER STORAGE ELEVATION. The maximum elevation of
water surface which can be obtained by the dam or reservoir.
Section 3. (a) A participating owner shall ensure plans
and specifications for initial construction, reconstruction,
enlargement, alteration, repair, operation, breach,
abandonment, or removal of dams and reservoirs, and the
supervision of the construction of dams and reservoirs shall
be in the charge of an engineer and assisted by qualified
geologists and other specialists as necessary.
(b) A participating owner of any dam or reservoir shall
ensure the dam or reservoir is inspected a minimum of once
every two years by an engineer. The engineer shall certify to
the local emergency management agency that the inspection has
been completed and deliver a record of the inspection to the
owner.
(c) A participating owner shall notify the local
emergency management agency in writing of the construction or
the enlargement of any dam or reservoir. Plans and
specifications shall be signed and sealed by the design
engineer.
(d) Upon the transfer of ownership of any dam or
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reservoir, the current participating owner shall notify the
local emergency management agency. The subsequent owner may
elect to continue participating in the inspection program but
may also elect to cease participation with no penalty.
Section 4. (a) It shall be the duty of the inspecting
engineer to assign a hazard potential classification to dams
and reservoirs.
(b) In order to protect life and property,
participating owners of high and significant hazard potential
dams and reservoirs shall develop and file with the local
emergency management agency an emergency action plan prepared
by an engineer in consultation with the highest ranking
official of the local emergency management agency which shall
be implemented in the event of an emergency involving that
participating owner's dam or dams. The participating owners of
such dams shall periodically test and update the emergency
action plan. The plan shall include all of the following
elements:
(1) Emergency notification plan with flowchart.
(2) Statement of purpose.
(3) Project description.
(4) Emergency detection, evaluation, and
classification.
(5) General responsibilities.
(6) Preparedness.
(7) Inundation maps or other acceptable description of
the inundated area.
(8) Appendices.
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(c) If the participating owner of a dam or reservoir
makes the determination that an emergency involving a dam or
reservoir exists, the owner shall immediately implement the
emergency action plan, notify the local emergency management
agency, and take any additional actions necessary to safeguard
life, health, and property.
Section 5. (a) The local emergency management agency
has neither inspection nor regulatory duty or responsibility.
(b) Records pertaining to dams and reservoirs kept by
and in the possession of the local emergency management agency
shall not be public documents.
(c) Nothing in this act shall be construed to relieve a
participating owner or operator of a dam or reservoir of the
legal duties, obligations, or liabilities incident to the
ownership or operation of the dam or reservoir.
Section 6. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB284
Senate 24-May-23
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 01-Jun-23
By: Senator Chambliss
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