Chapter 361 |
2022 -- S 2295 Enacted 06/29/2022 |
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 |
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. |
======== |
LC003455 |
======== |