SB39ENROLLED
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SB39
RRI4MNM-3
By Senator Chambliss
RFD: State Governmental Affairs
First Read: 06-Feb-24
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First Read: 06-Feb-24
A BILL
TO BE ENTITLED
AN ACT
Relating to dam safety; to amend Sections 2, 3, and 5
of Act 2023-414, 2023 Regular Session, now appearing as
Sections 33-7-71, 33-7-72, and 33-7-74, Code of Alabama 1975,
to provide safety procedures for state-owned dams and
reservoirs whose owners have elected to be subject to these
procedures.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 2, 3, and 5 of Act 2024-414, 2023
Regular Session, now appearing as Sections 33-7-71, 33-7-72,
and 33-7-74, Code of Alabama 1975, are amended to read as
follows:
"§33-7-71
For the purposes of this article, 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 the
dam to allow drainage to occur the same, or nearly the same,
as before the construction of the dam.
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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 works that affect
the safety of the dam or reservoir.
(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
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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
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 article.
(7) DAYS. In establishing deadlines, means all calendar
days, including Sundays and holidays.
(8) EMERGENCY. Includes all All conditions leading to
or causing a breach, overtopping, or any other condition of a
dam and its appurtenant structures works 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
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(10) ENGINEER. An engineer who has a background in
civil engineering and who satisfies all of the following :
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,
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 incremental 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 appurtenant works . The hazard
potential classification of a dam does not reflect in any way
on the current condition of the dam and its appurtenant
structures works, 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.
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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
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.
e. Any person.
f. The duly authorized agent, lessee, or trustee of any
entity described in paragraphs a. through e.
g. Receivers or trustees appointed by any court for any
entity described in paragraphs a. through e.
h. This state and any department, board, commission,
institution, or agency thereof that voluntarily elects to be
subject to this article.
(17) PERSON. Any individual, bankruptcy trustee, firm,
association, organization, partnership, business trust,
corporation, limited liability corporation, limited liability
partnership, or company.
(18) PROBABLE. More likely than not to occur;
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(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
participate in the program in accordance with this article.
(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) STATE-OWNED DAM OR RESERVOIR. Any dam or reservoir
that is owned by this state or a department, board,
commission, institution, or agency thereof.
(23)(24) WATER STORAGE ELEVATION. The maximum elevation
of water surface which can be obtained by the dam or
reservoir."
"§33-7-72
(a) A participating owner shall ensure plans and
specifications for initial construction, reconstruction,
enlargement, alteration, repair, operation, breach,
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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 four 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
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.
(e) A participating owner of a state-owned dam or
reservoir shall submit a written affidavit to the local
emergency management agency for each state-owned dam or
reservoir elected to be subject to this article.
(f) Notwithstanding any other provision of this
article, a state-owned dam or reservoir that is subject to
this article shall be inspected a minimum of once every four
years by an engineer, so long as sufficient funds have been
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years by an engineer, so long as sufficient funds have been
appropriated by the Legislature to, or sufficient relevant
grant funds have been obtained by, the participating owner of
the state-owned dam or reservoir. 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."
"§33-7-74
(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 article shall be construed to
relieve a participating owner or operator of a dam or
reservoir of the legal duties, obligations, or liabilities , or
to waive any immunity, incident to the ownership or operation
of the dam or reservoir."
Section 2. This act shall become effective on October
1, 2024.
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1, 2024.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB39
Senate 08-Feb-24
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 20-Feb-24
By: Senator Chambliss
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