| Chapter 360 |
| 2022 -- H 8327 Enacted 06/29/2022 |
| 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 |
| 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 the notice. In the |
| event that the costs are not remitted within the ninety-(90) day (90) 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 that 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. |
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| LC006042 |
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