SLS 22RS-402 REENGROSSED
2022 Regular Session
SENATE BILL NO. 280
BY SENATOR BERNARD
TRANSPORTATION/DEV DEPT. Provides relative to the Dam Safety Program. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 38:21, 22, 23, 26(C), 27, and 28(B), and to enact R.S. 38:28(C)
3 and (D), relative to DOTD and the inspection, regulation, and supervision of all
4 present or future dams within the state; to provide for additional requirements for the
5 engineer; to provide for certain penalties; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 38:21, 22, 23, 26(C), 27, and 28(B) are hereby amended and
8 reenacted and R.S. 38:28(C) and (D) are hereby enacted to read as follows:
9 §21. Intent
10 It is the responsibility of the state to provide a means for the inspection,
11 regulation, and supervision of all present or future dams within the state and the
12 operation and maintenance of those as specified in this Chapter, both federal and
13 nonfederal but excluding the Toledo Bend Dam, and the locks and dams on the
14 Red River, Ouachita River, Black River, Mississippi River, and tributaries
15 under the jurisdiction of the United States Army Corps of Engineers, in order
16 to prevent and correct potential hazards to downstream life and property in the event
17 of failure of any dam.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 280
SLS 22RS-402 REENGROSSED
1 §22. Definitions
2 For the purposes of this When used in this Chapter, the following words,
3 terms and phrases, shall have the following meaning:
4 (1) a dam "Dam" is any artificial barrier, including appurtenant works, which
5 does or will impound or divert water or any other liquid substance and which (1) is
6 or will be have a dam height of twenty-five feet or more in height from the bed of
7 the watercourse measured at the downstream toe of the barrier or from the lowest
8 elevation of the outside limit of the barrier, if it is not across a stream channel or
9 watercourse, to the maximum water storage elevation or (2) has or will have an
10 impounding capacity at a maximum water liquid storage elevation capacity of fifty
11 acre-feet or more. This definition does not include any dam or barrier that is not or
12 will not be in excess of six feet in height, regardless of storage capacity or which has
13 or will have a storage capacity of maximum water storage elevation capacity not in
14 excess of fifteen acre-feet, regardless of height.
15 (2)"Dam height" means the difference in elevation of the bed of the
16 watercourse measured at the downstream toe of the barrier or from the lowest
17 elevation of the outside limit of the barrier, if it is not across a stream channel
18 or watercourse, to the lowest point on the crest of the dam excluding any
19 spillways or controlled openings.
20 (3)"Modification" means enlargements or changes that may affect the
21 safety of the dam, including but not limited to adding significant amounts of
22 material to, or removing material from the cross-section of a dam; changing the
23 dimensions or elevations of spillways; correcting damages associated with
24 significant seepage through or under the dam; building a roadway or placing
25 utilities on or in any part of the dam or altering the operational features of a
26 dam excluding activities associated with routine maintenance.
27 §23. Permit or consent required
28 A. All dams, as herein above described in R.S. 38:22, both federal and
29 nonfederal but excluding the Toledo Bend Dam, and the locks and dams on the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 280
SLS 22RS-402 REENGROSSED
1 Red River, Ouachita River, Black River, Mississippi River and tributaries
2 under the jurisdiction of the United States Army Corp of Engineers, shall be
3 under the jurisdiction of the state acting through the chief engineer of the Department
4 of Transportation and Development, office of engineering. The chief engineer, or his
5 authorized representative, shall have supervision and overview of the construction,
6 modification, operation, and maintenance of the dams to the extent required to
7 protect life and property and to provide for the safety and welfare of the public. No
8 person, partnership, association, corporation, agency, or political subdivision shall
9 construct any such dam or make, construct, or permit to be made or constructed any
10 change in modification of the dam without first obtaining the written consent or
11 permit of the chief engineer. No permit is required for routine maintenance.
12 B. All designs for new dams or for modifications or removal of existing
13 dams under the jurisdiction of the state shall be designed by a professional
14 engineer registered in Louisiana and shall be in compliance with all rules and
15 regulations promulgated under the provisions of the Administrative Procedure
16 Act. The engineer providing professional services shall notify the owner in
17 writing of the owner's obligation to obtain a permit or written consent of the
18 chief engineer before the start of construction of a new dam or modification or
19 removal of an existing dam.
20 * * *
21 §26. Violations; orders of chief engineer; remedial measures; emergency situations;
22 designated operation and maintenance
23 * * *
24 C. * * *
25 (1) Bundick Creek in Beauregard Parish
26 (2) Kepler Creek Dam in Bienville Parish
27 (3) Ivan Lake Dam in Bossier Parish
28 (4) Lake Bistineau Dam in Bossier Parish
29 (5) Black Lake Dam in Caddo Parish
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SLS 22RS-402 REENGROSSED
1 (6) Lake Claiborne Dam in Claiborne Parish
2 (7) Smithport Dam in DeSoto Parish
3 (8) Chicot Lake Dam in Evangeline Parish
4 (9) Turkey Creek Dam in Franklin Parish
5 (10) Iatt Lake Dam in Grant Parish
6 (11) Nantachie Lake Dam in Grant Parish
7 (12) Caney Lake Dam in Jackson Parish
8 (13) Allen-Chivery Dam in Natchitoches Parish
9 (14) Saline Lake Dam in Natchitoches Parish
10 (15) Bayou Cocodrie in Rapides Parish
11 (16) John K. Kelly Grand Bayou in Red River Parish
12 (17) Bayou Darbonne Dam and Reservoir in Union Parish
13 (18) Lower Anacoco Dam in Vernon Parish
14 (19) Vernon Lake Dam in Vernon Parish
15 (20) Black Lake Bayou Reservoir in Natchitoches Parish
16 (21) Nantachie Lake Dam No. 2 in Grant Parish
17 * * *
18 §27. Damage claims
19 No action may be brought against the state of Louisiana, its agencies, or its
20 agents and employees for the recovery of damages caused by the partial or total
21 failure of any dam or through the operation of any dam on the basis that such
22 defendant or defendants is liable to the claimant because of the approval of the dam,
23 or the approval of plans for flood handling during the period of construction,
24 modification, removal, or the issuance or enforcement of orders relative to
25 maintenance, repair, modification, removal, or operation of the dam, or the control
26 and regulation of the dam, or the measures taken to protect against failure of the dam
27 during an emergency.
28 §28. Penalties
29 A. * * *
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Coding: Words which are struck through are deletions from existing law;
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SLS 22RS-402 REENGROSSED
1 B. Whoever violates any of the provisions of this Section shall be guilty of
2 a misdemeanor and shall be fined not more than five hundred dollars or be
3 imprisoned for not more than six months, or both. Any engineer providing
4 professional services who designs a new dam or a modification or removal of an
5 existing dam without notifying the owner in writing of the owner's obligation
6 to obtain a permit or written consent of the chief engineer prior to the start of
7 construction shall be reported to the Louisiana Professional Engineering and
8 Land Surveying Board (LAPELS).
9 C. Upon request of the Department of Transportation and Development,
10 the state police may issue a citation to any person who is in violation of
11 Subsection A of this Section. Every person who is convicted of a violation of
12 Subsection A of this Section shall be guilty of a misdemeanor and shall be fined
13 not more than five hundred dollars or be imprisoned for not more than six
14 months, or both.
15 D. Every fine imposed pursuant to the provisions of this Section shall be
16 collected by the court and forwarded to the state treasurer for deposit in the
17 Transportation Trust Fund to defray the costs of the Louisiana Dam Safety
18 Program.
19 Section 2. This Act shall become effective upon signature by the governor or, if not
20 signed by the governor, upon expiration of the time for bills to become law without signature
21 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
22 vetoed by the governor and subsequently approved by the legislature, this Act shall become
23 effective on the day following such approval.
The original instrument was prepared by Archana Cadge. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Thomas L. Tyler.
DIGEST
SB 280 Reengrossed 2022 Regular Session Bernard
Present law provides it is the responsibility of the state to provide a means for inspection,
regulation, and supervision of all present and future dams within the state excluding the
Toledo Bend Dam.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 280
SLS 22RS-402 REENGROSSED
Present law further provides all dams excluding the Toledo Bend shall be under the
jurisdiction of the Department of Transportation office of engineering.
Proposed law retains present law and additionally excludes the state from being responsible
or over the jurisdiction for locks and dams on the following:
(1)Red River
(2)Ouachita River
(3)Black River
(4)Mississippi River
(5)tributaries under the jurisdiction of the US Army Corp of Engineers.
Present law provides for the definition of dam.
Proposed law retains present law and provides for definitions for "dam height" and
"modification".
Proposed law further provides all designs for new dams and modification or removal of
existing dams under state jurisdiction shall be designed by a professional engineer registered
in the state of Louisiana.
Proposed law provides that an engineer who does not comply with the notice requirements
of proposed law shall be reported to LAPELS.
Present law provides for the requirements in which legal action may be brought against the
state for damages caused by partial or total failure of any dam.
Proposed law provides for technical additions to the requirements for which a legal action
may be brought against the state.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 38:21, 22, 23, 26(C), 27, and 28(B); adds R.S. 38:28(C) and (D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Changes the definition of "modification".
2. Changes the entity that an engineer can be reported to from DOTD to
LAPELS.
3. Makes technical changes.
Senate Floor Amendments to engrossed bill
1. Technical amendments only.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.