*ES0269.1*
February 14, 2022
ENGROSSED
SENATE BILL No. 269
_____
DIGEST OF SB 269 (Updated February 14, 2022 1:11 pm - DI 139)
Citations Affected: IC 14-8; IC 14-27.
Synopsis: Regulation of dams. Provides that the laws regulating dams
do not apply to a structure that is a low hazard dam or significant
hazard dam that meets only one of the following conditions: (1) Has a
drainage area above the dam of not more than one square mile. (2)
Does not exceed 20 feet in height. (3) Does not impound 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
(Continued next page)
Effective: July 1, 2022.
Donato, Leising, Buck
(HOUSE SPONSORS — MANNING, LEONARD)
January 10, 2022, read first time and referred to Committee on Natural Resources.
January 24, 2022, reported favorably — Do Pass.
January 31, 2022, read second time, amended, ordered engrossed.
February 1, 2022, engrossed. Read third time, passed. Yeas 39, nays 10.
HOUSE ACTION
February 7, 2022, read first time and referred to Committee on Natural Resources.
February 14, 2022, amended, reported — Do Pass.
ES 269—LS 7064/DI 129 Digest Continued
standard to determine potential consequences for a failure from "may
cause" to "likely to cause". Provides that for a dam constructed after
June 30, 2022, if the department determines that the property owner's
structure is a high hazard, significant hazard, or low hazard dam, the
department shall provide the property owner with a notice stating the
classification of the dam that the property owner owns. Requires that,
notwithstanding an engineering inspection performed by the property
owner or a consultant of the property owner, the department provide
the property owner notice at least five days before performing an
inspection. Requires the department to have jurisdiction over a dam to
raise the dam's classification to high hazard upon receiving a request
from a downstream owner. Requires the property owner of a high
hazard dam to prepare an emergency action plan and provide a copy to
the department and the emergency management agency. Provides that
changes to the law do not affect past inspections.
ES 269—LS 7064/DI 129ES 269—LS 7064/DI 129 February 14, 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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
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.
ENGROSSED
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 14-8-2-121.3 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 121.3. "Hazard
3 classification system", for purposes of IC 14-27-7.5, has the meaning
4 set forth in IC 14-27-7.5-2.
5 SECTION 2. IC 14-27-7.5-1 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) This chapter does
7 not apply to the following:
8 (1) A structure that meets the following conditions:
9 (A) Is built for the sole purpose of erosion control, watering
10 livestock, recreation, or providing a haven or refuge for fish or
11 wildlife.
12 (B) Has a drainage area above the dam of not more than one
13 (1) square mile.
14 (C) Does not exceed twenty (20) feet in height.
15 (D) Does not impound a volume of more than one hundred
16 (100) acre-feet of water.
17 (2) A structure that is regulated under the federal Mine Safety and
ES 269—LS 7064/DI 129 2
1 Health Act of 1977, unless the structure is proposed to be retained
2 as a permanent structure after bond release.
3 (3) Except for a structure under subsection (b), a structure
4 that is a low hazard dam or a significant hazard dam that
5 meets only one (1) of the following conditions:
6 (A) Has a drainage area above the dam of not more than
7 one (1) square mile.
8 (B) Does not exceed twenty (20) feet in height.
9 (C) Does not impound a volume of more than one hundred
10 (100) acre-feet of water.
11 (b) This chapter applies to a structure that is listed on the roster
12 of low head dams provided in IC 14-27-7.3.
13 SECTION 3. 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 4. 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.
ES 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: A structure the failure of which may is likely to
9 cause the loss of life and serious damage to homes, industrial and
10 commercial buildings, public utilities, major highways, or
11 railroads.
12 (2) Significant hazard: A structure the failure of which may is
13 likely to damage isolated homes and highways, or cause the
14 temporary interruption of public utility services.
15 (3) Low hazard: A structure the failure of which may is likely to
16 damage farm buildings, agricultural land, or local roads.
17 (c) For a dam constructed after June 30, 2022, if the department
18 determines that the property owner's structure is a high hazard,
19 significant hazard, or low hazard dam, the department shall
20 provide the property owner with a notice stating the classification
21 of the dam that the property owner owns.
22 SECTION 5. IC 14-27-7.5-14 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) Subject to
24 subsection (b), the department and the department's agents, engineers,
25 geologists, and other employees may, for purposes of determining the
26 department's jurisdiction and performing the engineering inspections
27 provided in sections 9 and 10 of this chapter, enter upon any land or
28 water in Indiana without liability for trespass. The owner of a structure
29 shall do the following:
30 (1) Cooperate with the department and the department's agents,
31 engineers, geologists, and other employees in the conduct of the
32 inspections.
33 (2) Facilitate access to the structure.
34 (3) Furnish upon request the plans, specifications, operating and
35 maintenance data, or other information that is pertinent to the
36 structure.
37 (b) Notwithstanding an engineering inspection performed by the
38 property owner or a consultant of the property owner, not less
39 than five (5) business days before an inspection is conducted under
40 this section, the department shall provide the property owner of a
41 structure with notice of the intended inspection date. The notice
42 must be by mail or by a means of electronic transmission approved
ES 269—LS 7064/DI 129 4
1 by the owner.
2 SECTION 6. IC 14-27-7.5-16 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) A property
4 owner, the owner's representative, or an individual who resides
5 downstream from a structure:
6 (1) over which the department does not have has jurisdiction
7 under this chapter; and
8 (2) that the property owner, the owner's representative, or the
9 individual believes would cause a loss of life or serious damage
10 to the person's home, industrial or commercial building, public
11 utility, major highway, or railroad if the structure fails;
12 may request in writing that the department declare the structure a high
13 hazard structure.
14 (b) If the department receives a request under subsection (a), the
15 department shall:
16 (1) investigate the structure and the area downstream from the
17 structure;
18 (2) notify the owner of the structure that the structure is being
19 investigated;
20 (3) review written statements and technical documentation from
21 any interested party; and
22 (4) after considering the available information, determine whether
23 or not the structure is a high hazard structure.
24 (c) The department shall issue a written notice of the department's
25 determination under subsection (b) to:
26 (1) the individual who requested the determination; and
27 (2) the owner of the structure that is the subject of the request.
28 (d) Either:
29 (1) the individual who requested a determination; or
30 (2) the owner of the structure that is the subject of the request;
31 may request an administrative review under IC 4-21.5-3-6 within thirty
32 (30) days after receipt of the written determination.
33 (e) If the department determines that a structure is a high hazard
34 structure under subsection (b), the provisions of this chapter
35 concerning high hazard structures apply to the structure.
36 SECTION 7. IC 14-27-7.5-17 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2022]: Sec. 17. (a) Notwithstanding sections
39 9 and 10 of this chapter, a structure that before July 1, 2022, was
40 inspected under this chapter as a:
41 (1) high hazard structure is not required to be reinspected for
42 two (2) years from the date of the previous inspection;
ES 269—LS 7064/DI 129 5
1 (2) significant hazard structure is not required to be
2 reinspected for three (3) years from the date of the previous
3 inspection; or
4 (3) low hazard structure is not required to be reinspected for
5 five (5) years from the date of the previous inspection;
6 unless exigent circumstances require additional inspections of the
7 structure.
8 (b) This section expires July 1, 2027.
9 SECTION 8. IC 14-27-7.5-18 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) A property owner of
12 property that contains a high hazard dam shall prepare an
13 emergency action plan that includes the following:
14 (1) Identifies conditions that may endanger the dam.
15 (2) Identifies remedial actions to prevent or minimize the
16 downstream impacts of a dam failure.
17 (3) Contains contact information to notify local emergency
18 personnel and provide effective communications of the dam's
19 condition.
20 (4) Contains a plan to notify local emergency personnel of an
21 impending or actual failure of the dam.
22 (5) Contains a plan to notify local emergency personnel after
23 an unusual or emergency event has ended.
24 A plan prepared under this subsection shall be reviewed every six
25 (6) years and updated with any changes noted in the dam safety
26 inspections or contact information, or other changes, since the
27 initial plan was prepared or the last update was provided,
28 whichever is later.
29 (b) The property owner shall provide a copy of the emergency
30 action plan required under this section to the department and the
31 emergency management agency that serves the county in which the
32 dam is located.
ES 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
_____
SENATE MOTION
Madam President: I move that Senate Bill 269 be amended to read
as follows:
Page 3, line 8, delete "hazard: capacity:" and insert "hazard:".
Page 3, line 12, delete "hazard: capacity:" and insert "hazard:".
Page 3, line 15, delete "hazard: capacity:" and insert "hazard:".
Page 3, delete lines 17 through 42, begin a new paragraph and
insert:
"SECTION 6. IC 14-27-7.5-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) Subject to
subsection (b), the department and the department's agents, engineers,
geologists, and other employees may, for purposes of determining the
department's jurisdiction and performing the engineering inspections
provided in sections 9 and 10 of this chapter, enter upon any land or
water in Indiana without liability for trespass. The owner of a structure
shall do the following:
(1) Cooperate with the department and the department's agents,
engineers, geologists, and other employees in the conduct of the
inspections.
(2) Facilitate access to the structure.
(3) Furnish upon request the plans, specifications, operating and
maintenance data, or other information that is pertinent to the
structure.
(b) Not less than five (5) business days before an inspection is
conducted under this section, the department shall provide the
property owner of a structure with notice of the intended
inspection date. The notice must be by mail or by a means of
electronic transmission approved by the owner.
ES 269—LS 7064/DI 129 7
(c) If the department determines that the property owner's
structure is a high hazard, significant hazard, or low hazard dam,
the department shall provide the property owner with a written
document stating the classification of dam that the property owner
owns. A copy of the notice must be maintained by the owner of the
dam.
(d) If a property owner intends to sell the property that contains
a high hazard, significant hazard, or low hazard dam, the property
owner shall include a copy of the notice obtained from the
department under subsection (c) with the purchase agreement to
the intended buyer.".
Page 4, delete lines 1 through 24.
Page 4, line 36, delete "hazard capacity" and insert "hazard".
Page 5, line 5, delete "hazard capacity" and insert "hazard".
Page 5, line 15, reset in roman "hazard".
Page 5, line 16, delete "capacity".
Page 5, line 17, delete "hazard capacity" and insert "hazard".
Page 5, after line 32, begin a new paragraph and insert:
"SECTION 9. IC 14-27-7.5-18 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 18. (a) A property owner of
property that contains a high hazard dam shall prepare an
emergency action plan that includes the following:
(1) Identifies conditions that may endanger the dam.
(2) Identifies remedial actions to prevent or minimize the
downstream impacts of a dam failure.
(3) Contains contact information to notify local emergency
personnel and provide effective communications of the dam's
condition.
(4) Contains a plan to advise downstream residents of an
impending or actual failure of the dam.
(5) Contains a plan to notify local emergency personnel and
downstream residents after an unusual or emergency event
has ended.
ES 269—LS 7064/DI 129 8
(b) The property owner shall provide a copy of the emergency
action plan required under this section to the department and the
local fire department that serves the area in which the dam is
located. The department shall publish on the department's Internet
web site the most recent emergency action plan submitted by the
property owner for each high hazard dam.".
Renumber all SECTIONS consecutively.
(Reference is to SB 269 as printed January 25, 2022.)
DONATO
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Natural Resources, to which was
referred Senate Bill 269, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 7, begin a new paragraph and insert:
"SECTION 1. IC 14-8-2-121.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 121.3. "Hazard
classification system", for purposes of IC 14-27-7.5, has the meaning
set forth in IC 14-27-7.5-2.".
Page 2, delete lines 6 through 12, begin a new line block indented
and insert:
"(3) Except for a structure under subsection (b), a structure
that is a low hazard dam or a significant hazard dam that
meets only one (1) of the following conditions:
(A) Has a drainage area above the dam of not more than
one (1) square mile.
(B) Does not exceed twenty (20) feet in height.
(C) Does not impound a volume of more than one hundred
(100) acre-feet of water.
(b) This chapter applies to a structure that is listed on the roster
of low head dams provided in IC 14-27-7.3.".
Page 2, line 15, reset in roman ""hazard".
Page 2, line 15, delete ""classification" and insert "classification".
Page 3, line 2, reset in roman "hazard".
Page 3, line 6, reset in roman "hazard".
Page 3, between lines 16 and 17, begin a new paragraph and insert:
"(c) For a dam constructed after June 30, 2022, if the
department determines that the property owner's structure is a
ES 269—LS 7064/DI 129 9
high hazard, significant hazard, or low hazard dam, the
department shall provide the property owner with a notice stating
the classification of the dam that the property owner owns.".
Page 3, line 32, delete "Not" and insert "Notwithstanding an
engineering inspection performed by the property owner or a
consultant of the property owner, not".
Page 3, delete lines 37 through 42.
Page 4, delete lines 1 through 5.
Page 4, line 27, reset in roman "is".
Page 4, line 27, delete "meets the requirements to be classified as".
Page 5, delete lines 25 through 35, begin a new line block indented
and insert:
"(4) Contains a plan to notify local emergency personnel of an
impending or actual failure of the dam.
(5) Contains a plan to notify local emergency personnel after
an unusual or emergency event has ended.
A plan prepared under this subsection shall be reviewed every six
(6) years and updated with any changes noted in the dam safety
inspections or contact information, or other changes, since the
initial plan was prepared or the last update was provided,
whichever is later.
(b) The property owner shall provide a copy of the emergency
action plan required under this section to the department and the
emergency management agency that serves the county in which the
dam is located.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 269 as reprinted February 1, 2022.)
EBERHART
Committee Vote: yeas 11, nays 0.
ES 269—LS 7064/DI 129