2022 -- S 2297 SUBSTITUTE A | |
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LC003843/SUB A | |
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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-PROTECTION FROM UNSAFE DAMS | |
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Introduced By: Senators Sosnowski, Euer, Ruggerio, Valverde, DiMario, F Lombardi, | |
Date Introduced: February 15, 2022 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative findings. |
2 | (1) The department of environmental management ("DEM") is responsible for inspecting |
3 | the state's six hundred and sixty nine (669) dams, reviewing and approving plans for construction |
4 | or substantial alteration of dams, ordering repairs or other action to address unsafe conditions and, |
5 | submitting an annual report on dams. |
6 | (2) Per DEM's 2020 dam safety report, there are ninety-five (95) "high hazard" dams in |
7 | Rhode Island, thirty-seven (37) of which are "unsafe". There are also eighty-one (81) "significant |
8 | hazard" dams in Rhode Island "thirty-six (36) of which are "unsafe". |
9 | (3) An "unsafe" dam poses an unreasonable risk of failure that will result in a probable loss |
10 | of human life or major economic loss. |
11 | (4) This chapter will allow and authorize DEM to protect the public from unsafe dams |
12 | whose owners are unknown or financially unable to make necessary repairs to or removal of a dam. |
13 | SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is |
14 | hereby amended by adding thereto the following chapter: |
15 | CHAPTER 19 .1 |
16 | PROTECTION FROM UNSAFE DAMS |
17 | 46-19.1-1. Definitions. |
18 | As used in this chapter: |
19 | (1) "Department" means the Rhode Island department of environmental management |
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1 | ("DEM"). |
2 | (2) "Director" means the director of the department of environmental management, or |
3 | designee. |
4 | (3) "Fund" means the Rhode Island orphan and insolvent dam financial responsibility fund |
5 | established herein. |
6 | (4) "High hazard dam" means a dam where failure or improper operation will result in a |
7 | probable loss of human life. |
8 | (5) "Insolvent dam" means the owner or owners of the dam do not have the financial means |
9 | to pay the cost to repair or remove the dam. |
10 | (6) "Orphan dam" means a dam for which DEM has determined that no owner can be |
11 | identified. |
12 | (7) "Owner" means any person, corporation, group, or other entity who or that holds |
13 | exclusive or joint title to, or lawful possession of a dam. |
14 | (8) "Significant hazard dam" means a dam where failure or improper operation results in |
15 | no probable loss of human life but can cause major economic loss, disruption of lifeline facilities |
16 | or impact other concerns detrimental to the public's health, safety or welfare. |
17 | (9) "Unsafe" means the condition of the dam is such that an unreasonable risk of failure |
18 | exists that will result in a probable loss of human life or major economic loss. |
19 | 46-19.1-2. Orphan and insolvent dam fund. |
20 | (a) There is hereby established the Rhode Island orphan and insolvent dam fund. |
21 | (b)(1) The fund shall consist of any funds that the state may, from time to time, appropriate, |
22 | as well as money received as gifts, grants, bequests, donations, or other funds from any public or |
23 | private sources that are intended to serve the purposes of the Rhode Island orphan and insolvent |
24 | dam fund. |
25 | (2) The department shall make every effort to solicit assistance, monetary and otherwise, |
26 | from the municipality where an orphan or insolvent dam is located. |
27 | (c) All funds collected pursuant to this section shall be deposited in the Rhode Island |
28 | orphan and insolvent dam fund and shall be disbursed according to the purposes expressed in ยง 46- |
29 | 19.1-3. |
30 | 46-19.1-3. Purpose of fund. |
31 | (a) The purpose of the fund shall be to facilitate the repair or removal of high hazard or |
32 | significant hazard dams that are unsafe when the dam is an orphan or insolvent dam. |
33 | (b) Nothing contained in this chapter shall be construed to prevent cost recovery by the |
34 | State of Rhode Island against any owner, for all sums of money that the fund shall be obligated to |
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1 | pay pursuant to the provisions of this chapter, plus reasonable attorneys' fees and costs of litigation. |
2 | 46-19.1-4. Administration and records of the fund. |
3 | (a) The director shall administer the fund in accordance with this chapter. |
4 | (b) The department shall develop procedures governing the expenditure of, and accounting |
5 | for, money expended from the fund. |
6 | (c) The department shall maintain accounting records relating to the income and expenses |
7 | of the fund. |
8 | 46-19.1-5. Expenditure of fund money. |
9 | The director may only expend money from the fund if it has been determined that a dam |
10 | owner cannot be identified or the owner has documented a financial inability to provide repair or |
11 | removal of the dam. The director shall make a reasonable effort to have the owner repair or remove |
12 | the dam or agree to pay for any actions resulting from the repair or removal that may be required |
13 | by law prior to the expenditure of money from the fund. |
14 | 46-19.1-6. Right of cost recovery. |
15 | The department shall have the right of cost recovery against any dam owner for all sums |
16 | of money that the fund shall be obligated to pay pursuant to the provisions of this chapter, plus |
17 | reasonable attorneys' fees and costs of litigation. |
18 | 46-19.1-7. Regulations. |
19 | The director may adopt all rules and regulations necessary for the administration and |
20 | enforcement of this chapter. |
21 | SECTION 3. 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-PROTECTION FROM UNSAFE DAMS | |
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1 | This act would establish an orphan and insolvent dam fund for the purpose of facilitating |
2 | or, as a last resort, the repair or removal of high hazard or significant hazard dams that are unsafe |
3 | when the dam is classified as an orphan or insolvent dam. The state would have the right of cost |
4 | recovery against any dam owner for all sums of money expended by the fund plus reasonable |
5 | attorneys' fees and costs of litigation. |
6 | This act would take effect upon passage. |
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