North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S614 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 614
	3	+	S D
	4	+	SENATE BILL DRS15272-MH-109A
	5	+
5	6
6	7
7	8		Short Title: Revise Dam Safety Requirements. (Public)
8	9		Sponsors: Senators Lazzara, Sawyer, and Johnson (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S614 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15272 -MH-109A
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO CLARIFY THE EMERGENCY ACTION PLAN REQUIREMENTS FOR 2
14	15		CERTAIN DAMS. 3
15	16		The General Assembly of North Carolina enacts: 4
16	17		SECTION 1. G.S. 143-215.31(a1) reads as rewritten: 5
17	18		"(a1) The owner of a dam classified by the Department as a high-hazard dam or an 6
18	19		intermediate-hazard dam shall develop an Emergency Action Plan for the dam as provided in this 7
19	20		subsection: 8
20	21		(1) The owner of the dam shall submit a proposed Emergency Action Plan for the 9
21	22		dam within 90 days after the dam is classified as a high-hazard dam or an 10
22	23		intermediate-hazard dam to the Department and the Department of Public 11
23	24		Safety for their review and approval. The Department and the Department of 12
24	25		Public Safety shall approve the Emergency Action Plan if they determine that 13
25	26		it complies with the requirements of this subsection and will protect public 14
26	27		health, safety, and welfare; the environment; and natural resources. 15
27	28		(2) The Emergency Action Plan shall include, at a minimum, all of the following: 16
28	29		a. A description of potential emergency conditions that could occur at 17
29	30		the dam, including security risks. 18
30	31		b. A description of actions to be taken in response to an emergency 19
31	32		condition at the dam. 20
32	33		c. Emergency notification procedures to aid in warning and evacuations 21
33	34		during an emergency condition at the dam. 22
34	35		d. A downstream inundation map depicting areas affected by a dam 23
35	36		failure and sudden release of the impoundment. A downstream 24
36	37		inundation map prepared pursuant to this section does not require 25
37	38		preparation by a licensed professional engineer or a person under the 26
38	39		responsible charge of a licensed professional engineer unless the dam 27
39	40		is associated with a coal combustion residuals surface impoundment, 28
40	41		as defined by G.S. 130A-309.201.The requirement to prepare a 29
41	42		downstream inundation map as part of an Emergency Action Plan does 30
42	43		not apply to a dam that is less than 15 feet in height or that has an 31
43	44		impoundment capacity of less than 50 acre-feet, unless the 32
44	45		Commission finds the Department has demonstrated that site-specific 33
45	46		factors warrant the inclusion of a downstream inundation map in the 34
46		-	Emergency Action Plan. 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 614-First Edition
	47	+	Emergency Action Plan. 35
	48	+	FILED SENATE
	49	+	Mar 25, 2025
	50	+	S.B. 614
	51	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRS15272-MH-109A
48	53		(2a) A downstream inundation map prepared as part of an Emergency Action Plan 1
49	54		under subdivision (2) of this section does not require preparation by a licensed 2
50	55		professional engineer or a person under the responsible charge of a licensed 3
51	56		professional engineer unless the dam is associated with a coal combustion 4
52	57		residuals surface impoundment, as defined by G.S. 130A-309.201. 5
53	58		(3) The owner of the dam shall update the Emergency Action Plan annually and 6
54	59		shall submit it to the Department and the Department of Public Safety for their 7
55	60		review and approval within one year of the prior approval. 8
56	61		(4) The Department shall provide a copy of the Emergency Action Plan to the 9
57	62		regional offices of the Department that might respond to an emergency 10
58	63		condition at the dam. 11
59	64		(5) The Department of Public Safety shall provide a copy of the Emergency 12
60	65		Action Plan to all local emergency management agencies that might respond 13
61	66		to an emergency condition at the dam. 14
62	67		(6) Information included in an Emergency Action Plan that constitutes sensitive 15
63	68		public security information, as provided in G.S. 132-1.7, shall be maintained 16
64	69		as confidential information and shall not be subject to disclosure under the 17
65	70		Public Records Act. For purposes of this section, "sensitive public security 18
66	71		information" shall include Critical Energy Infrastructure Information 19
67	72		protected from disclosure under rules adopted by the Federal Energy 20
68	73		Regulatory Commission in 18 C.F.R. § 388.112." 21
69	74		SECTION 2. This act becomes effective July 1, 2025, and applies to Emergency 22
70	75		Action Plans required to be submitted or updated on or after that date. 23