2022 -- S 2295

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LC003455

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO WATERS AND NAVIGATION – INSPECTION OF DAMS AND

RESERVOIRS

     

     Introduced By: Senators Sosnowski, Ruggerio, Raptakis, Archambault, F Lombardi,
Ciccone, and Miller

     Date Introduced: February 15, 2022

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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

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

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     46-19-9. Emergency action plans.

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

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

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

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

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

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

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

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cooperation of the department of environmental management.

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

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

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environmental management.

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

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

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

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

 

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

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

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

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

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

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with the pursuit of the claim.

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

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

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

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

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

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17.6 of title 42.

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

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

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

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

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION – INSPECTION OF DAMS AND

RESERVOIRS

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

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

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

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

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

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     This act would take effect upon passage.

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