2022 -- H 8327

========

LC006042

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO WATERS AND NAVIGATION -- INSPECTION OF DAMS AND

RESERVOIRS

     Introduced By: Representatives Casimiro, Ruggiero, McGaw, Baginski, Solomon, Noret,
Shallcross Smith, and Cortvriend

     Date Introduced: June 08, 2022

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 46-19-9 of the General Laws in Chapter 46-19 entitled "Inspection

of Dams and Reservoirs" is hereby amended to read as follows:

     46-19-9. Emergency action plans.

     (a) By July 1, 2008, an emergency action plan shall be prepared for each significant or high

hazard dam by the city or town wherein the dam lies. The Rhode Island emergency management

agency, as established in chapter 15 of title 30 shall develop guidelines for the preparation of

emergency action plans. The department of environmental management and the Rhode Island

League of Cities and Towns shall cooperate with the Rhode Island emergency management agency

in developing the guidelines. All emergency action plans prepared pursuant to this section shall not

be considered final or complete until approved by the emergency management agency, with the

cooperation of the department of environmental management.

     (b) The owner of any other dam, regardless of the assigned hazard classification, may also

be required to prepare an emergency action plan if deemed necessary by the department of

environmental management.

     (c) Emergency action plans shall be updated on an annual basis and shall be filed with the

Rhode Island emergency management agency, the department of environmental management, the

chief of the local police department and the local city or town emergency management official.

     (d) Once an emergency action plan is complete, the city or town wherein the dam lies shall

provide written notice to the dam owner of the costs for actions taken by the city or town in the

development of the emergency action plan. Said costs of developing the emergency action plan

shall be remitted to the city or town within ninety (90) days of the receipt of such notice. In the

event that the costs are not remitted within the ninety (90) day period, the municipality shall have

a valid legal claim against the dam owner, in the amount of such costs, plus any costs associated

with the pursuit of the claim.

     (e) Each state agency shall, in cooperation with the municipality in which the dam lies, be

responsible for the preparation of an emergency action plan for each high and significant hazard

dam owned by said agency by the deadline specified in subsection (a).

     (f) The department of environmental management may assess an administrative penalty for

failure to comply with subsections (a), (b), (c) and (e) of this section, in accordance with chapter

17.6 of title 42.

     (g) The department of environmental management and the Rhode Island emergency

management agency shall establish a notification system for dams in the event of severe weather

conditions to coordinate the actions at the federal, state and local levels. The notification system

shall include a dam advisory, a dam watch and a dam warning.

     SECTION 2. This act shall take effect upon passage.

========

LC006042

========

LC006042 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- INSPECTION OF DAMS AND

RESERVOIRS

***

     This act would authorize the department of environmental management (DEM) to assess

administrative penalties for failure to comply with emergency action plans relative to significant or

high hazard dams and would mandate that the department and the Rhode Island emergency

management agency (EMA) establish a notification system in the event of severe weather

conditions consisting of dam advisories, dam watches and dam warnings.

     This act would take effect upon passage.

========

LC006042

========

LC006042 - Page 3 of 3