Governor’s Bill Gives DEM Authority to Repair Dams & Assess Costs to Owners

Legislation submitted by Governor Donald L. Carcieri that would enhance the state’s ability to monitor and ensure the safety of dams throughout the state was approved today by the Rhode Island House of Representatives, and now goes to the Governor for his signature. The Governor’s Dam Safety Act of 2006 (S 2510) was previously approved by the Senate on May 17, and by the House Environment and Natural Resources Committee on May 24.

“I’m very pleased that the General Assembly has approved my dam safety legislation,” Governor Carcieri said. “Maintaining the integrity of the state’s dams is critical to protecting the people of Rhode Island and their property. This legislation provides us with important enforcement and planning measures to ensure that dams in our state are safe.”

“Last October’s unprecedented rainfall – which almost caused a breach at the dam in nearby Taunton – demonstrated that we must be vigilant in monitoring and repairing our dams,” the Governor said. “Since that time, we have done a lot of work to ensure that Rhode Island’s dams are safe. This legislation will enable the Department of Environmental Management to build on that work, and to ensure that Rhode Island’s 600 dams don’t pose a threat to lives or property.

“I want to thank the sponsors and every member of the General Assembly who voted in favor of this important public safety legislation,” Governor Carcieri said. “I look forward to signing the Dam Safety Act of 2006 into law.”

With more than 600 dams in Rhode Island, an urgent need exists to address the public safety risks from potential dam failures in many locations across the state. Without proper oversight and planning, “significant-hazard” and “high-hazard” dams at risk of failure could, depending upon the hazard classification assigned to the dam, result in extensive and costly property damage as well as loss of life.

Governor Carcieri’s Dam Safety Act of 2006 provides the Rhode Island Department of Environmental Management (DEM) with clear authority to intervene in emergency situations where public safety is at risk. The legislation also requires municipalities with significant or high hazard dams to develop emergency action plans (EAP) in conjunction with the state Emergency Management Agency for each of those dams. An EAP is a formal document that identifies potential emergency conditions at a dam and specifies pre-planned actions, including notification information, to be followed to minimize property damage and prevent loss of life.

Developing and filing an emergency action plan, or EAP, would be required by July 1, 2008, under the legislation. EAPs would identify potential emergency conditions of the dam and the formal steps to be taken in the event of a dam failure so damages could be minimized. EAPs would be required to contain such information as a dam breach analysis, inundation mapping, emergency notifications, and evacuation plans. Most states in the Northeast require EAPs for both high- and significant-hazard dams. EAPs would be required to be updated on an annual basis and filed with the state Emergency Management Agency, DEM, and the local city or town.

The legislation is part of Governor Carcieri’s continuing focus to further ensure the safety of residents living near high- and significant-hazard dams. In November 2005, Governor Carcieri ordered DEM Director, Dr. W. Michael Sullivan to immediately assess and prescribe the necessary repairs for any imminent structural problems to six high-hazard dams. Governor Carcieri’s legislation clarifies DEM’s authority to take necessary measures for any dam that is determined to be a threat to public safety. Specifically, the DEM would have the authority to make repairs and assess the costs of those repairs to the dam owners.

A dam is classified as “high hazard” when failure or misoperation will result in a probable loss of life. A dam is classified as “significant hazard” when failure or misoperation will most likely not result in loss of life, but could cause major economic loss or disrupt and impact the public’s health, safety, and welfare.

The legislation that was approved today (S 2510) is sponsored on the Governor’s behalf by Sen. Leo Blais (R-24). Identical legislation (H 7609) was sponsored on the Governor’s behalf in the House by Representatives Bruce Long (R-74), Laurence Ehrhardt (R-32), Peter Ginaitt (D-22), Peter Petrarca (D-44), and Victor Moffitt (R-28).

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