The bill amends Sections 33-7-71, 33-7-72, and 33-7-74 of the Code of Alabama 1975 to establish enhanced safety procedures for state-owned dams and reservoirs, which owners may voluntarily choose to follow. Key definitions are updated, including the term "ABANDON," which now specifies that a dam can be rendered non-impounding through dewatering and filling the reservoir with solid materials. The term "EMERGENCY" is clarified to include all conditions threatening dam safety, while "HAZARD POTENTIAL" is modified to incorporate "incremental." The term "APPURTENANT STRUCTURES" is replaced with "APPURTENANT WORKS," and a new definition for "STATE-OWNED DAM OR RESERVOIR" is introduced, referring to any dam or reservoir owned by the state or its agencies. The category of "PARTICIPATING OWNER" is expanded to include state entities that opt to comply with the new safety procedures.

Additionally, the bill mandates that participating owners must have their dams and reservoirs inspected by an engineer at least once every four years, a change from the previous two-year requirement. Owners are also required to notify local emergency management agencies about any construction or enlargement of dams or reservoirs and provide a written affidavit for each state-owned dam or reservoir included under this article. The bill clarifies that local emergency management agencies will not have inspection or regulatory responsibilities, and records related to dams and reservoirs will not be public documents. It maintains the legal duties and liabilities of participating owners or operators and introduces a provision to waive any immunity related to these responsibilities. The act is set to 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