SB39 is a bill that amends Alabama's dam safety laws, specifically Sections 33-7-71, 33-7-72, and 33-7-74 of the Code of Alabama 1975. The bill updates definitions and terms related to dam safety, such as clarifying "abandonment," "adverse consequences," and the qualifications for engineers working on dams. It also revises the language concerning "alterations or repairs" and introduces new terms like "appurtenant works" and "emergency" conditions. The bill redefines "hazard potential" to include incremental adverse consequences and adds a new category for "state-owned dam or reservoir." It includes various insertions and deletions to refine the legal language and implications regarding dam safety.

The bill modifies the inspection requirements for dams and reservoirs, extending the interval from once every two years to once every four years, and mandates that inspections be conducted by a licensed engineer. For state-owned dams and reservoirs, it requires a written affidavit from the owner to the local emergency management agency, and inspections must occur at least once every four years, subject to funding. The bill clarifies that local emergency management agencies are not responsible for inspecting or regulating dams and reservoirs, and records kept by these agencies are not public documents. It also maintains that dam owners and operators are still liable for their legal duties and obligations, and does not waive any immunity related to ownership or operation of these structures. SB39 will take effect on October 1, 2024.

Statutes affected:
Introduced: 33-7-71, 33-7-72, 33-7-74
Engrossed: 33-7-71, 33-7-72, 33-7-74
Enrolled: 33-7-71, 33-7-72, 33-7-74