*SB0269.1*
January 25, 2022
SENATE BILL No. 269
_____
DIGEST OF SB 269 (Updated January 24, 2022 11:43 am - DI 140)
Citations Affected: IC 14-8; IC 14-27.
Synopsis: Regulation of dams. Provides that the laws regulating dams
apply only to a structure that meets two or more of the following
conditions: (1) Exceeds 20 feet in height. (2) Has a drainage area above
the dam of more than one square mile. (3) Impounds a volume of more
than 100 acre-feet of water. Requires the department of natural
resources (department) to establish a classification system for dams
based on: (1) the height of the structure and the volume of water
impounded by the structure; and (2) the force of the water and the
likely consequences resulting from the uncontrolled release of its
contents due to a failure or misoperation of the structure. Changes the
classification categories for dams from high hazard, significant hazard,
and low hazard to high capacity, significant capacity, and low capacity.
Changes the standard to determine potential consequences for a failure
from "may cause" to "likely to cause". Requires the department to have
jurisdiction over a dam to raise the dam's classification to high capacity
upon receiving a request from a downstream owner. Provides that
changes to the law do not affect past inspections.
Effective: July 1, 2022.
Donato
January 10, 2022, read first time and referred to Committee on Natural Resources.
January 24, 2022, reported favorably — Do Pass.
SB 269—LS 7064/DI 129 January 25, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 269
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 14-8-2-41.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]: Sec. 41.5. "Classification system", for purposes of
4 IC 14-27-7.5, has the meaning set forth in IC 14-27-7.5-2.
5 SECTION 2. IC 14-8-2-121.3 IS REPEALED [EFFECTIVE JULY
6 1, 2022]. Sec. 121.3. "Hazard classification", for purposes of
7 IC 14-27-7.5, has the meaning set forth in IC 14-27-7.5-2.
8 SECTION 3. IC 14-27-7.5-1 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) This chapter does
10 not apply to the following:
11 (1) A structure that meets the following conditions:
12 (A) Is built for the sole purpose of erosion control, watering
13 livestock, recreation, or providing a haven or refuge for fish or
14 wildlife.
15 (B) Has a drainage area above the dam of not more than one
16 (1) square mile.
17 (C) Does not exceed twenty (20) feet in height.
SB 269—LS 7064/DI 129 2
1 (D) Does not impound a volume of more than one hundred
2 (100) acre-feet of water.
3 (2) A structure that is regulated under the federal Mine Safety and
4 Health Act of 1977, unless the structure is proposed to be retained
5 as a permanent structure after bond release.
6 (b) This chapter applies only to a structure that meets two (2) or
7 more of the following conditions:
8 (1) Exceeds twenty (20) feet in height.
9 (2) Has a drainage area above the dam of more than one (1)
10 square mile.
11 (3) Impounds a volume of more than one hundred (100)
12 acre-feet of water.
13 SECTION 4. IC 14-27-7.5-2 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
15 chapter, "hazard "classification system" means a rating assigned to a
16 structure by the department based on:
17 (1) the potential height of the structure and the volume of
18 water impounded by the structure; and
19 (2) the force of the water and the likely consequences resulting
20 from the uncontrolled release of its contents due to a failure or
21 misoperation of the structure.
22 SECTION 5. IC 14-27-7.5-8 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The department:
24 (1) has, on behalf of the state, jurisdiction and supervision over
25 the maintenance and repair of structures in, on, or along the
26 rivers, streams, and lakes of Indiana;
27 (2) shall exercise care to see that the structures are maintained in
28 a good and sufficient state of repair and operating condition to
29 fully perform the intended purpose;
30 (3) shall grant permits for the construction and operation of
31 structures in, on, or along the rivers, streams, and lakes of
32 Indiana;
33 (4) may adopt rules under IC 4-22-2 for permitting, maintenance,
34 and operation that are necessary for the purposes of this chapter;
35 and
36 (5) may vary grant variances from the standards for permits,
37 maintenance, and operation, giving due consideration to the
38 following:
39 (A) The type, condition, and location of the structure.
40 (B) The hazards to which the structure is or may be exposed.
41 (C) The likely peril to life or serious damage to property if
42 the structure fails to perform the structure's function.
SB 269—LS 7064/DI 129 3
1 (b) The department shall establish by rule the criteria for assigning
2 a hazard classification system to a structure that is based on the
3 potential consequences height of the structure, the volume of water
4 impounded by the structure, and the force of the water resulting
5 from the uncontrolled release of the structure's contents due to a failure
6 of the structure. The hazard classification system must include the
7 following classes of structures:
8 (1) High hazard: capacity: A structure the failure of which may
9 is likely to cause the loss of life and serious damage to homes,
10 industrial and commercial buildings, public utilities, major
11 highways, or railroads.
12 (2) Significant hazard: capacity: A structure the failure of which
13 may is likely to damage isolated homes and highways, or cause
14 the temporary interruption of public utility services.
15 (3) Low hazard: capacity: A structure the failure of which may is
16 likely to damage farm buildings, agricultural land, or local roads.
17 SECTION 6. IC 14-27-7.5-9 IS AMENDED TO READ AS
18 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) The owner of a
19 high hazard capacity structure shall:
20 (1) have a professional engineer licensed under IC 25-31 make an
21 engineering inspection of the high hazard capacity structure at
22 least one (1) time every two (2) years;
23 (2) submit a report of the inspection in a form approved by the
24 department to the department. The report must include at least the
25 following information:
26 (A) An evaluation of the structure's condition, spillway
27 capacity, operational adequacy, and structural integrity.
28 (B) A determination of whether deficiencies exist that could
29 lead to the failure of the structure, and recommendations for
30 maintenance, repairs, and alterations to the structure to
31 eliminate deficiencies, including a recommended schedule for
32 necessary upgrades to the structure.
33 (b) If after an inspection under subsection (a) the licensed
34 professional engineer who conducted the inspection determines that
35 maintenance, repairs, or alterations to a high hazard capacity structure
36 are necessary to remedy deficiencies in the structure, the owner shall
37 perform the recommended maintenance, repairs, or alterations.
38 (c) The department shall issue a notice of violation under section 11
39 of this chapter to the owner of a high hazard capacity structure who
40 fails to:
41 (1) have the structure inspected under subsection (a);
42 (2) perform recommended maintenance, repairs, or alterations to
SB 269—LS 7064/DI 129 4
1 the structure under subsection (b); or
2 (3) biennially submit the inspection report prepared under
3 subsection (a).
4 (d) The department may make an engineering inspection of a high
5 hazard capacity structure to ensure compliance with this chapter.
6 SECTION 7. IC 14-27-7.5-10, AS AMENDED BY P.L.195-2017,
7 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 10. (a) The department shall make an engineering
9 inspection of:
10 (1) a significant hazard capacity structure at least one (1) time
11 every three (3) years; and
12 (2) a low hazard capacity structure at least one (1) time every five
13 (5) years;
14 or at more frequent intervals if the exigencies of the case require.
15 (b) The department shall place in the files of the department a report
16 of each inspection conducted under subsection (a).
17 (c) The department shall charge the following for engineering
18 inspections:
19 (1) For a significant hazard capacity structure under subsection
20 (a)(1), a minimum fee of two hundred dollars ($200).
21 (2) For a low hazard capacity structure under subsection (a)(2),
22 a minimum fee of one hundred dollars ($100).
23 (d) Subject to IC 14-10-2-1, the commission may set an engineering
24 inspection fee above the minimum fee established under subsection (c).
25 SECTION 8. IC 14-27-7.5-16 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) A property
27 owner, the owner's representative, or an individual who resides
28 downstream from a structure:
29 (1) over which the department does not have has jurisdiction
30 under this chapter; and
31 (2) that the property owner, the owner's representative, or the
32 individual believes would cause a loss of life or serious damage
33 to the person's home, industrial or commercial building, public
34 utility, major highway, or railroad if the structure fails;
35 may request in writing that the department declare the structure a high
36 hazard capacity structure.
37 (b) If the department receives a request under subsection (a), the
38 department shall:
39 (1) investigate the structure and the area downstream from the
40 structure;
41 (2) notify the owner of the structure that the structure is being
42 investigated;
SB 269—LS 7064/DI 129 5
1 (3) review written statements and technical documentation from
2 any interested party; and
3 (4) after considering the available information, determine whether
4 or not the structure is meets the requirements to be classified as
5 a high hazard capacity structure.
6 (c) The department shall issue a written notice of the department's
7 determination under subsection (b) to:
8 (1) the individual who requested the determination; and
9 (2) the owner of the structure that is the subject of the request.
10 (d) Either:
11 (1) the individual who requested a determination; or
12 (2) the owner of the structure that is the subject of the request;
13 may request an administrative review under IC 4-21.5-3-6 within thirty
14 (30) days after receipt of the written determination.
15 (e) If the department determines that a structure is a high hazard
16 capacity structure under subsection (b), the provisions of this chapter
17 concerning high hazard capacity structures apply to the structure.
18 SECTION 9. IC 14-27-7.5-17 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 17. (a) Notwithstanding sections
21 9 and 10 of this chapter, a structure that before July 1, 2022, was
22 inspected under this chapter as a:
23 (1) high hazard structure is not required to be reinspected for
24 two (2) years from the date of the previous inspection;
25 (2) significant hazard structure is not required to be
26 reinspected for three (3) years from the date of the previous
27 inspection; or
28 (3) low hazard structure is not required to be reinspected for
29 five (5) years from the date of the previous inspection;
30 unless exigent circumstances require additional inspections of the
31 structure.
32 (b) This section expires July 1, 2027.
SB 269—LS 7064/DI 129 6
COMMITTEE REPORT
Madam President: The Senate Committee on Natural Resources, to
which was referred Senate Bill No. 269, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill DO PASS.
(Reference is to SB 269 as introduced.)
GLICK, Chairperson
Committee Vote: Yeas 6, Nays 1
SB 269—LS 7064/DI 129