SB 192 — AN ACT CONCERNING DAM SAFETY.

GeneralSenate Assembly Raised Bill No.

192 FebruaryPublic Session,Act 2024 LCO No.

143824-94 ReferredAN toACT CommitteeCONCERNING onDAM ENVIRONMENTSAFETY. Introduced by:

(ENV) AN ACT CONCERNING DAM SAFETY.

The commissioner or [his] authorized representatives of the commissioner may enter upon private property to make such investigations and gather such data concerning dams, watersheds, sites, structuresandgeneralconditionsasmay benecessary in the public interest for a proper inspection, review and study of the design and construction of such structures and of the environmental LCOimpact 1438of 1such ofstructures 4on Billthe No.inland wetlands of the state.

192The impactcommissioner ofmay, when necessary, employ or make such structuresagreements onwith thegeologists, inlandother wetlandsengineers, ofexpert theconsultants state.and such assistants Senate Bill No.

The192 commissioner may, when necessary, employ or make such agreements with geologists, other engineers, expert consultants and such assistants as may be reasonably necessary to carry out the provisions of this chapter.

Nothing in this section shall be construed to apply to any dam that the owner of such dam has reasonably demonstrated to the commissioner, upon the commissioner's request, presents a hazard only to the property of the owner of such dam.

(NEW) (h) After an investigation, whenever the commissioner finds that a dam is causing, or is about to cause, any condition that, in the commissioner's judgment, will result in, or is likely to result in, an imminent and substantial threat to public safety or the environment, or whenever the Governor proclaims a civil preparedness state of emergency pursuant to section 28-9 regarding a dam, the commissioner may, without prior hearing, issue an order in writing to the owner or person having care of such dam to discontinue, abate or alleviate such condition or issue.issue, provided the commissioner finds there is either a threat to human life or to property that is property other than the property of the dam owner.

Upon receipt of such order,Public suchAct personNo. shall immediately comply with such order.

24-94 2 of 4 Senate Bill No.

192 order, such person shall immediately comply with such order.

All briefs or legal memoranda to be presented LCOin 1438connection 2with ofsuch 4hearing Billshall No.be filed not later than ten days after such hearing.

192 in connection with such hearing shall be filed not later than ten days after such hearing.

The Attorney General, upon complaint of the commissioner, shall institute an action to recover such forfeiture and to enjoin such violation and requirePublic itsAct correction.No.

When24-94 a dam is causing, or is about to cause, any condition that will result in, or is likely to result in, imminent and substantial damage to public safety or the environment, or whenever the Governor has proclaimed a civil preparedness state of emergency pursuant to section 28-9 regarding a dam, any injunction issued pursuant to this section may authorize the commissioner to immediately act to discontinue, abate or alleviate such condition by LCO 1438 3 of 4 Senate Bill No.

192 meansrequire including,its butcorrection. not limited to, temporary or permanent stabilizationorrepairstothedamoranyotheractionsnecessarytoplace the dam in a safe condition.

ThisWhen acta shalldam takeis effectcausing, asor followsis about to cause, any condition that will result in, or is likely to result in, imminent and shallsubstantial amenddamage to public safety or the followingenvironment, sections:or whenever the Governor has proclaimed a civil preparedness state of emergency pursuant to section 28-9 regarding a dam, any injunction issued pursuant to this section may authorize the commissioner to immediately act to discontinue, abate or alleviate such condition by means including, but not limited to, temporary or permanent stabilizationorrepairstothedamoranyotheractionsnecessarytoplace the dam in a safe condition, provided the commissioner finds there is either a threat to human life or to property that is property other than the property of the dam owner.

SectionApproved 1June from4, passage2024 22a-401Public Sec.Act No.

224-94 from4 passageof 22a-402(h)4 and (i) Sec.

3 from passage 22a-407 ENV Joint Favorable JUD Joint Favorable LCO 1438 4 of 4