IN
Indiana Senate Bill SB0269

Indiana 2022 Regular Session

Indiana Senate Bill SB0269 Compare Versions

OldNewDifferences
1-*ES0269.2*
2-Reprinted
3-February 22, 2022
1+*ES0269.1*
2+February 14, 2022
43 ENGROSSED
54 SENATE BILL No. 269
65 _____
7-DIGEST OF SB 269 (Updated February 21, 2022 4:59 pm - DI 139)
6+DIGEST OF SB 269 (Updated February 14, 2022 1:11 pm - DI 139)
87 Citations Affected: IC 14-8; IC 14-27.
98 Synopsis: Regulation of dams. Provides that the laws regulating dams
109 do not apply to a structure that is a low hazard dam or significant
1110 hazard dam that meets only one of the following conditions: (1) Has a
1211 drainage area above the dam of not more than one square mile. (2)
1312 Does not exceed 20 feet in height. (3) Does not impound a volume of
1413 more than 100 acre-feet of water. Requires the department of natural
14+resources (department) to establish a classification system for dams
15+based on: (1) the height of the structure and the volume of water
16+impounded by the structure; and (2) the force of the water and the
17+likely consequences resulting from the uncontrolled release of its
18+contents due to a failure or misoperation of the structure. Changes the
1519 (Continued next page)
1620 Effective: July 1, 2022.
1721 Donato, Leising, Buck
18-(HOUSE SPONSORS — MANNING, LEONARD, JACKSON)
22+(HOUSE SPONSORS — MANNING, LEONARD)
1923 January 10, 2022, read first time and referred to Committee on Natural Resources.
2024 January 24, 2022, reported favorably — Do Pass.
2125 January 31, 2022, read second time, amended, ordered engrossed.
2226 February 1, 2022, engrossed. Read third time, passed. Yeas 39, nays 10.
2327 HOUSE ACTION
2428 February 7, 2022, read first time and referred to Committee on Natural Resources.
2529 February 14, 2022, amended, reported — Do Pass.
26-February 21, 2022, read second time, amended, ordered engrossed.
2730 ES 269—LS 7064/DI 129 Digest Continued
28-resources (department) to establish a classification system for dams
29-based on: (1) the height of the structure and the volume of water
30-impounded by the structure; and (2) the force of the water and the
31-likely consequences resulting from the uncontrolled release of its
32-contents due to a failure or misoperation of the structure. Changes the
3331 standard to determine potential consequences for a failure from "may
3432 cause" to "likely to cause". Provides that for a dam constructed after
3533 June 30, 2022, if the department determines that the property owner's
3634 structure is a high hazard, significant hazard, or low hazard dam, the
3735 department shall provide the property owner with a notice stating the
3836 classification of the dam that the property owner owns. Requires that,
3937 notwithstanding an engineering inspection performed by the property
4038 owner or a consultant of the property owner, the department provide
4139 the property owner notice at least five days before performing an
42-inspection. Requires the property owner of a high hazard dam to
43-prepare an emergency action plan and provide a copy to the department
44-and the emergency management agency. Provides that changes to the
45-law do not affect past inspections.
46-ES 269—LS 7064/DI 129ES 269—LS 7064/DI 129 Reprinted
47-February 22, 2022
40+inspection. Requires the department to have jurisdiction over a dam to
41+raise the dam's classification to high hazard upon receiving a request
42+from a downstream owner. Requires the property owner of a high
43+hazard dam to prepare an emergency action plan and provide a copy to
44+the department and the emergency management agency. Provides that
45+changes to the law do not affect past inspections.
46+ES 269—LS 7064/DI 129ES 269—LS 7064/DI 129 February 14, 2022
4847 Second Regular Session of the 122nd General Assembly (2022)
4948 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
5049 Constitution) is being amended, the text of the existing provision will appear in this style type,
5150 additions will appear in this style type, and deletions will appear in this style type.
5251 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5352 provision adopted), the text of the new provision will appear in this style type. Also, the
5453 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5554 a new provision to the Indiana Code or the Indiana Constitution.
5655 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5756 between statutes enacted by the 2021 Regular Session of the General Assembly.
5857 ENGROSSED
5958 SENATE BILL No. 269
6059 A BILL FOR AN ACT to amend the Indiana Code concerning
6160 natural and cultural resources.
6261 Be it enacted by the General Assembly of the State of Indiana:
6362 1 SECTION 1. IC 14-8-2-121.3 IS AMENDED TO READ AS
6463 2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 121.3. "Hazard
6564 3 classification system", for purposes of IC 14-27-7.5, has the meaning
6665 4 set forth in IC 14-27-7.5-2.
6766 5 SECTION 2. IC 14-27-7.5-1 IS AMENDED TO READ AS
6867 6 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) This chapter does
6968 7 not apply to the following:
7069 8 (1) A structure that meets the following conditions:
7170 9 (A) Is built for the sole purpose of erosion control, watering
7271 10 livestock, recreation, or providing a haven or refuge for fish or
7372 11 wildlife.
7473 12 (B) Has a drainage area above the dam of not more than one
7574 13 (1) square mile.
7675 14 (C) Does not exceed twenty (20) feet in height.
7776 15 (D) Does not impound a volume of more than one hundred
7877 16 (100) acre-feet of water.
7978 17 (2) A structure that is regulated under the federal Mine Safety and
8079 ES 269—LS 7064/DI 129 2
8180 1 Health Act of 1977, unless the structure is proposed to be retained
8281 2 as a permanent structure after bond release.
8382 3 (3) Except for a structure under subsection (b), a structure
8483 4 that is a low hazard dam or a significant hazard dam that
8584 5 meets only one (1) of the following conditions:
8685 6 (A) Has a drainage area above the dam of not more than
8786 7 one (1) square mile.
8887 8 (B) Does not exceed twenty (20) feet in height.
8988 9 (C) Does not impound a volume of more than one hundred
9089 10 (100) acre-feet of water.
9190 11 (b) This chapter applies to a structure that is listed on the roster
9291 12 of low head dams provided in IC 14-27-7.3.
9392 13 SECTION 3. IC 14-27-7.5-2 IS AMENDED TO READ AS
9493 14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
9594 15 chapter, "hazard classification system" means a rating assigned to a
9695 16 structure by the department based on:
9796 17 (1) the potential height of the structure and the volume of
9897 18 water impounded by the structure; and
9998 19 (2) the force of the water and the likely consequences resulting
10099 20 from the uncontrolled release of its contents due to a failure or
101100 21 misoperation of the structure.
102101 22 SECTION 4. IC 14-27-7.5-8 IS AMENDED TO READ AS
103102 23 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The department:
104103 24 (1) has, on behalf of the state, jurisdiction and supervision over
105104 25 the maintenance and repair of structures in, on, or along the
106105 26 rivers, streams, and lakes of Indiana;
107106 27 (2) shall exercise care to see that the structures are maintained in
108107 28 a good and sufficient state of repair and operating condition to
109108 29 fully perform the intended purpose;
110109 30 (3) shall grant permits for the construction and operation of
111110 31 structures in, on, or along the rivers, streams, and lakes of
112111 32 Indiana;
113112 33 (4) may adopt rules under IC 4-22-2 for permitting, maintenance,
114113 34 and operation that are necessary for the purposes of this chapter;
115114 35 and
116-36 (5) may vary the standards for permits, maintenance, and
117-37 operation, giving due consideration to the following:
118-38 (A) The type, condition, and location of the structure.
119-39 (B) The hazards to which the structure is or may be exposed.
120-40 (C) The likely peril to life or serious damage to property if
121-41 the structure fails to perform the structure's function.
122-42 (b) The department shall establish by rule the criteria for assigning
115+36 (5) may vary grant variances from the standards for permits,
116+37 maintenance, and operation, giving due consideration to the
117+38 following:
118+39 (A) The type, condition, and location of the structure.
119+40 (B) The hazards to which the structure is or may be exposed.
120+41 (C) The likely peril to life or serious damage to property if
121+42 the structure fails to perform the structure's function.
123122 ES 269—LS 7064/DI 129 3
124-1 a hazard classification system to a structure that is based on the
125-2 potential consequences height of the structure, the volume of water
126-3 impounded by the structure, and the force of the water resulting
127-4 from the uncontrolled release of the structure's contents due to a failure
128-5 of the structure. The hazard classification system must include the
129-6 following classes of structures:
130-7 (1) High hazard: A structure the failure of which may is likely to
131-8 cause the loss of life and serious damage to homes, industrial and
132-9 commercial buildings, public utilities, major highways, or
133-10 railroads.
134-11 (2) Significant hazard: A structure the failure of which may is
135-12 likely to damage isolated homes and highways, or cause the
136-13 temporary interruption of public utility services.
137-14 (3) Low hazard: A structure the failure of which may is likely to
138-15 damage farm buildings, agricultural land, or local roads.
139-16 (c) For a dam constructed after June 30, 2022, if the department
140-17 determines that the property owner's structure is a high hazard,
141-18 significant hazard, or low hazard dam, the department shall
142-19 provide the property owner with a notice stating the classification
143-20 of the dam that the property owner owns.
144-21 SECTION 5. IC 14-27-7.5-14 IS AMENDED TO READ AS
145-22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) Subject to
146-23 subsection (b), the department and the department's agents, engineers,
147-24 geologists, and other employees may, for purposes of determining the
148-25 department's jurisdiction and performing the engineering inspections
149-26 provided in sections 9 and 10 of this chapter, enter upon any land or
150-27 water in Indiana without liability for trespass. The owner of a structure
151-28 shall do the following:
152-29 (1) Cooperate with the department and the department's agents,
153-30 engineers, geologists, and other employees in the conduct of the
154-31 inspections.
155-32 (2) Facilitate access to the structure.
156-33 (3) Furnish upon request the plans, specifications, operating and
157-34 maintenance data, or other information that is pertinent to the
158-35 structure.
159-36 (b) Notwithstanding an engineering inspection performed by the
160-37 property owner or a consultant of the property owner, not less
161-38 than five (5) business days before an inspection is conducted under
162-39 this section, the department shall provide the property owner of a
163-40 structure with notice of the intended inspection date. The notice
164-41 must be by mail or by a means of electronic transmission approved
165-42 by the owner.
123+1 (b) The department shall establish by rule the criteria for assigning
124+2 a hazard classification system to a structure that is based on the
125+3 potential consequences height of the structure, the volume of water
126+4 impounded by the structure, and the force of the water resulting
127+5 from the uncontrolled release of the structure's contents due to a failure
128+6 of the structure. The hazard classification system must include the
129+7 following classes of structures:
130+8 (1) High hazard: A structure the failure of which may is likely to
131+9 cause the loss of life and serious damage to homes, industrial and
132+10 commercial buildings, public utilities, major highways, or
133+11 railroads.
134+12 (2) Significant hazard: A structure the failure of which may is
135+13 likely to damage isolated homes and highways, or cause the
136+14 temporary interruption of public utility services.
137+15 (3) Low hazard: A structure the failure of which may is likely to
138+16 damage farm buildings, agricultural land, or local roads.
139+17 (c) For a dam constructed after June 30, 2022, if the department
140+18 determines that the property owner's structure is a high hazard,
141+19 significant hazard, or low hazard dam, the department shall
142+20 provide the property owner with a notice stating the classification
143+21 of the dam that the property owner owns.
144+22 SECTION 5. IC 14-27-7.5-14 IS AMENDED TO READ AS
145+23 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) Subject to
146+24 subsection (b), the department and the department's agents, engineers,
147+25 geologists, and other employees may, for purposes of determining the
148+26 department's jurisdiction and performing the engineering inspections
149+27 provided in sections 9 and 10 of this chapter, enter upon any land or
150+28 water in Indiana without liability for trespass. The owner of a structure
151+29 shall do the following:
152+30 (1) Cooperate with the department and the department's agents,
153+31 engineers, geologists, and other employees in the conduct of the
154+32 inspections.
155+33 (2) Facilitate access to the structure.
156+34 (3) Furnish upon request the plans, specifications, operating and
157+35 maintenance data, or other information that is pertinent to the
158+36 structure.
159+37 (b) Notwithstanding an engineering inspection performed by the
160+38 property owner or a consultant of the property owner, not less
161+39 than five (5) business days before an inspection is conducted under
162+40 this section, the department shall provide the property owner of a
163+41 structure with notice of the intended inspection date. The notice
164+42 must be by mail or by a means of electronic transmission approved
166165 ES 269—LS 7064/DI 129 4
167-1 SECTION 6. IC 14-27-7.5-16 IS AMENDED TO READ AS
168-2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) A property
169-3 owner, the owner's representative, or an individual who resides
170-4 downstream from a structure:
171-5 (1) over which the department does not have jurisdiction under
172-6 this chapter; and
173-7 (2) that the property owner, the owner's representative, or the
174-8 individual believes would cause a loss of life or serious damage
175-9 to the person's home, industrial or commercial building, public
176-10 utility, major highway, or railroad if the structure fails;
177-11 may request in writing that the department declare the structure a high
178-12 hazard structure.
179-13 (b) If the department receives a request under subsection (a), the
180-14 department shall:
181-15 (1) investigate the structure and the area downstream from the
182-16 structure;
183-17 (2) notify the owner of the structure that the structure is being
184-18 investigated;
185-19 (3) review written statements and technical documentation from
186-20 any interested party; and
187-21 (4) after considering the available information, determine whether
188-22 or not the structure is a high hazard structure.
189-23 (c) The department shall issue a written notice of the department's
190-24 determination under subsection (b) to:
191-25 (1) the individual who requested the determination; and
192-26 (2) the owner of the structure that is the subject of the request.
193-27 (d) Either:
194-28 (1) the individual who requested a determination; or
195-29 (2) the owner of the structure that is the subject of the request;
196-30 may request an administrative review under IC 4-21.5-3-6 within thirty
197-31 (30) days after receipt of the written determination.
198-32 (e) If the department determines that a structure is a high hazard
199-33 structure under subsection (b), the provisions of this chapter
200-34 concerning high hazard structures apply to the structure.
201-35 SECTION 7. IC 14-27-7.5-17 IS ADDED TO THE INDIANA
202-36 CODE AS A NEW SECTION TO READ AS FOLLOWS
203-37 [EFFECTIVE JULY 1, 2022]: Sec. 17. (a) Notwithstanding sections
204-38 9 and 10 of this chapter, a structure that before July 1, 2022, was
205-39 inspected under this chapter as a:
206-40 (1) high hazard structure is not required to be reinspected for
207-41 two (2) years from the date of the previous inspection;
208-42 (2) significant hazard structure is not required to be
166+1 by the owner.
167+2 SECTION 6. IC 14-27-7.5-16 IS AMENDED TO READ AS
168+3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) A property
169+4 owner, the owner's representative, or an individual who resides
170+5 downstream from a structure:
171+6 (1) over which the department does not have has jurisdiction
172+7 under this chapter; and
173+8 (2) that the property owner, the owner's representative, or the
174+9 individual believes would cause a loss of life or serious damage
175+10 to the person's home, industrial or commercial building, public
176+11 utility, major highway, or railroad if the structure fails;
177+12 may request in writing that the department declare the structure a high
178+13 hazard structure.
179+14 (b) If the department receives a request under subsection (a), the
180+15 department shall:
181+16 (1) investigate the structure and the area downstream from the
182+17 structure;
183+18 (2) notify the owner of the structure that the structure is being
184+19 investigated;
185+20 (3) review written statements and technical documentation from
186+21 any interested party; and
187+22 (4) after considering the available information, determine whether
188+23 or not the structure is a high hazard structure.
189+24 (c) The department shall issue a written notice of the department's
190+25 determination under subsection (b) to:
191+26 (1) the individual who requested the determination; and
192+27 (2) the owner of the structure that is the subject of the request.
193+28 (d) Either:
194+29 (1) the individual who requested a determination; or
195+30 (2) the owner of the structure that is the subject of the request;
196+31 may request an administrative review under IC 4-21.5-3-6 within thirty
197+32 (30) days after receipt of the written determination.
198+33 (e) If the department determines that a structure is a high hazard
199+34 structure under subsection (b), the provisions of this chapter
200+35 concerning high hazard structures apply to the structure.
201+36 SECTION 7. IC 14-27-7.5-17 IS ADDED TO THE INDIANA
202+37 CODE AS A NEW SECTION TO READ AS FOLLOWS
203+38 [EFFECTIVE JULY 1, 2022]: Sec. 17. (a) Notwithstanding sections
204+39 9 and 10 of this chapter, a structure that before July 1, 2022, was
205+40 inspected under this chapter as a:
206+41 (1) high hazard structure is not required to be reinspected for
207+42 two (2) years from the date of the previous inspection;
209208 ES 269—LS 7064/DI 129 5
210-1 reinspected for three (3) years from the date of the previous
211-2 inspection; or
212-3 (3) low hazard structure is not required to be reinspected for
213-4 five (5) years from the date of the previous inspection;
214-5 unless exigent circumstances require additional inspections of the
215-6 structure.
216-7 (b) This section expires July 1, 2027.
217-8 SECTION 8. IC 14-27-7.5-18 IS ADDED TO THE INDIANA
218-9 CODE AS A NEW SECTION TO READ AS FOLLOWS
219-10 [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) A property owner of
220-11 property that contains a high hazard dam shall prepare an
221-12 emergency action plan that includes the following:
222-13 (1) Identifies conditions that may endanger the dam.
223-14 (2) Identifies remedial actions to prevent or minimize the
224-15 downstream impacts of a dam failure.
225-16 (3) Contains contact information to notify local emergency
226-17 personnel and provide effective communications of the dam's
227-18 condition.
228-19 (4) Contains a plan to notify local emergency personnel of an
229-20 impending or actual failure of the dam.
230-21 (5) Contains a plan to notify local emergency personnel after
231-22 an unusual or emergency event has ended.
232-23 A plan prepared under this subsection shall be reviewed every six
233-24 (6) years and updated with any changes noted in the dam safety
234-25 inspections or contact information, or other changes, since the
235-26 initial plan was prepared or the last update was provided,
236-27 whichever is later.
237-28 (b) The property owner shall provide a copy of the emergency
238-29 action plan required under this section to the department and the
239-30 emergency management agency that serves the county in which the
240-31 dam is located.
209+1 (2) significant hazard structure is not required to be
210+2 reinspected for three (3) years from the date of the previous
211+3 inspection; or
212+4 (3) low hazard structure is not required to be reinspected for
213+5 five (5) years from the date of the previous inspection;
214+6 unless exigent circumstances require additional inspections of the
215+7 structure.
216+8 (b) This section expires July 1, 2027.
217+9 SECTION 8. IC 14-27-7.5-18 IS ADDED TO THE INDIANA
218+10 CODE AS A NEW SECTION TO READ AS FOLLOWS
219+11 [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) A property owner of
220+12 property that contains a high hazard dam shall prepare an
221+13 emergency action plan that includes the following:
222+14 (1) Identifies conditions that may endanger the dam.
223+15 (2) Identifies remedial actions to prevent or minimize the
224+16 downstream impacts of a dam failure.
225+17 (3) Contains contact information to notify local emergency
226+18 personnel and provide effective communications of the dam's
227+19 condition.
228+20 (4) Contains a plan to notify local emergency personnel of an
229+21 impending or actual failure of the dam.
230+22 (5) Contains a plan to notify local emergency personnel after
231+23 an unusual or emergency event has ended.
232+24 A plan prepared under this subsection shall be reviewed every six
233+25 (6) years and updated with any changes noted in the dam safety
234+26 inspections or contact information, or other changes, since the
235+27 initial plan was prepared or the last update was provided,
236+28 whichever is later.
237+29 (b) The property owner shall provide a copy of the emergency
238+30 action plan required under this section to the department and the
239+31 emergency management agency that serves the county in which the
240+32 dam is located.
241241 ES 269—LS 7064/DI 129 6
242242 COMMITTEE REPORT
243243 Madam President: The Senate Committee on Natural Resources, to
244244 which was referred Senate Bill No. 269, has had the same under
245245 consideration and begs leave to report the same back to the Senate with
246246 the recommendation that said bill DO PASS.
247247 (Reference is to SB 269 as introduced.)
248248
249249 GLICK, Chairperson
250250 Committee Vote: Yeas 6, Nays 1
251251 _____
252252 SENATE MOTION
253253 Madam President: I move that Senate Bill 269 be amended to read
254254 as follows:
255255 Page 3, line 8, delete "hazard: capacity:" and insert "hazard:".
256256 Page 3, line 12, delete "hazard: capacity:" and insert "hazard:".
257257 Page 3, line 15, delete "hazard: capacity:" and insert "hazard:".
258258 Page 3, delete lines 17 through 42, begin a new paragraph and
259259 insert:
260260 "SECTION 6. IC 14-27-7.5-14 IS AMENDED TO READ AS
261261 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 14. (a) Subject to
262262 subsection (b), the department and the department's agents, engineers,
263263 geologists, and other employees may, for purposes of determining the
264264 department's jurisdiction and performing the engineering inspections
265265 provided in sections 9 and 10 of this chapter, enter upon any land or
266266 water in Indiana without liability for trespass. The owner of a structure
267267 shall do the following:
268268 (1) Cooperate with the department and the department's agents,
269269 engineers, geologists, and other employees in the conduct of the
270270 inspections.
271271 (2) Facilitate access to the structure.
272272 (3) Furnish upon request the plans, specifications, operating and
273273 maintenance data, or other information that is pertinent to the
274274 structure.
275275 (b) Not less than five (5) business days before an inspection is
276276 conducted under this section, the department shall provide the
277277 property owner of a structure with notice of the intended
278278 inspection date. The notice must be by mail or by a means of
279279 electronic transmission approved by the owner.
280280 ES 269—LS 7064/DI 129 7
281281 (c) If the department determines that the property owner's
282282 structure is a high hazard, significant hazard, or low hazard dam,
283283 the department shall provide the property owner with a written
284284 document stating the classification of dam that the property owner
285285 owns. A copy of the notice must be maintained by the owner of the
286286 dam.
287287 (d) If a property owner intends to sell the property that contains
288288 a high hazard, significant hazard, or low hazard dam, the property
289289 owner shall include a copy of the notice obtained from the
290290 department under subsection (c) with the purchase agreement to
291291 the intended buyer.".
292292 Page 4, delete lines 1 through 24.
293293 Page 4, line 36, delete "hazard capacity" and insert "hazard".
294294 Page 5, line 5, delete "hazard capacity" and insert "hazard".
295295 Page 5, line 15, reset in roman "hazard".
296296 Page 5, line 16, delete "capacity".
297297 Page 5, line 17, delete "hazard capacity" and insert "hazard".
298298 Page 5, after line 32, begin a new paragraph and insert:
299299 "SECTION 9. IC 14-27-7.5-18 IS ADDED TO THE INDIANA
300300 CODE AS A NEW SECTION TO READ AS FOLLOWS
301301 [EFFECTIVE JULY 1, 2022]: Sec. 18. (a) A property owner of
302302 property that contains a high hazard dam shall prepare an
303303 emergency action plan that includes the following:
304304 (1) Identifies conditions that may endanger the dam.
305305 (2) Identifies remedial actions to prevent or minimize the
306306 downstream impacts of a dam failure.
307307 (3) Contains contact information to notify local emergency
308308 personnel and provide effective communications of the dam's
309309 condition.
310310 (4) Contains a plan to advise downstream residents of an
311311 impending or actual failure of the dam.
312312 (5) Contains a plan to notify local emergency personnel and
313313 downstream residents after an unusual or emergency event
314314 has ended.
315315 ES 269—LS 7064/DI 129 8
316316 (b) The property owner shall provide a copy of the emergency
317317 action plan required under this section to the department and the
318318 local fire department that serves the area in which the dam is
319319 located. The department shall publish on the department's Internet
320320 web site the most recent emergency action plan submitted by the
321321 property owner for each high hazard dam.".
322322 Renumber all SECTIONS consecutively.
323323 (Reference is to SB 269 as printed January 25, 2022.)
324324 DONATO
325325 _____
326326 COMMITTEE REPORT
327327 Mr. Speaker: Your Committee on Natural Resources, to which was
328328 referred Senate Bill 269, has had the same under consideration and
329329 begs leave to report the same back to the House with the
330330 recommendation that said bill be amended as follows:
331331 Page 1, delete lines 1 through 7, begin a new paragraph and insert:
332332 "SECTION 1. IC 14-8-2-121.3 IS AMENDED TO READ AS
333333 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 121.3. "Hazard
334334 classification system", for purposes of IC 14-27-7.5, has the meaning
335335 set forth in IC 14-27-7.5-2.".
336336 Page 2, delete lines 6 through 12, begin a new line block indented
337337 and insert:
338338 "(3) Except for a structure under subsection (b), a structure
339339 that is a low hazard dam or a significant hazard dam that
340340 meets only one (1) of the following conditions:
341341 (A) Has a drainage area above the dam of not more than
342342 one (1) square mile.
343343 (B) Does not exceed twenty (20) feet in height.
344344 (C) Does not impound a volume of more than one hundred
345345 (100) acre-feet of water.
346346 (b) This chapter applies to a structure that is listed on the roster
347347 of low head dams provided in IC 14-27-7.3.".
348348 Page 2, line 15, reset in roman ""hazard".
349349 Page 2, line 15, delete ""classification" and insert "classification".
350350 Page 3, line 2, reset in roman "hazard".
351351 Page 3, line 6, reset in roman "hazard".
352352 Page 3, between lines 16 and 17, begin a new paragraph and insert:
353353 "(c) For a dam constructed after June 30, 2022, if the
354354 department determines that the property owner's structure is a
355355 ES 269—LS 7064/DI 129 9
356356 high hazard, significant hazard, or low hazard dam, the
357357 department shall provide the property owner with a notice stating
358358 the classification of the dam that the property owner owns.".
359359 Page 3, line 32, delete "Not" and insert "Notwithstanding an
360360 engineering inspection performed by the property owner or a
361361 consultant of the property owner, not".
362362 Page 3, delete lines 37 through 42.
363363 Page 4, delete lines 1 through 5.
364364 Page 4, line 27, reset in roman "is".
365365 Page 4, line 27, delete "meets the requirements to be classified as".
366366 Page 5, delete lines 25 through 35, begin a new line block indented
367367 and insert:
368368 "(4) Contains a plan to notify local emergency personnel of an
369369 impending or actual failure of the dam.
370370 (5) Contains a plan to notify local emergency personnel after
371371 an unusual or emergency event has ended.
372372 A plan prepared under this subsection shall be reviewed every six
373373 (6) years and updated with any changes noted in the dam safety
374374 inspections or contact information, or other changes, since the
375375 initial plan was prepared or the last update was provided,
376376 whichever is later.
377377 (b) The property owner shall provide a copy of the emergency
378378 action plan required under this section to the department and the
379379 emergency management agency that serves the county in which the
380380 dam is located.".
381381 Renumber all SECTIONS consecutively.
382382 and when so amended that said bill do pass.
383383 (Reference is to SB 269 as reprinted February 1, 2022.)
384384 EBERHART
385385 Committee Vote: yeas 11, nays 0.
386-_____
387-HOUSE MOTION
388-Mr. Speaker: I move that Engrossed Senate Bill 269 be amended to
389-read as follows:
390-Page 2, line 36, reset in roman "vary".
391-Page 2, line 36, delete "grant variances from".
392-ES 269—LS 7064/DI 129 10
393-Page 4, line 6, reset in roman "does not have".
394-Page 4, line 6, delete "has".
395-Renumber all SECTIONS consecutively.
396-(Reference is to ESB 269 as printed February 14, 2022.)
397-MANNING
398386 ES 269—LS 7064/DI 129