This bill amends the laws governing hydropower and nonhydropower dams as follows.
1. It amends the laws governing hydropower projects to prohibit the Department of Environmental Protection from approving an application for a permit to remove a dam that is part of a hydropower project. This prohibition is repealed January 1, 2027.
2. It amends the laws governing release from ownership and water level maintenance for nonhydropower dams to prohibit the department from issuing an order to a dam owner to release water from the dam or, at the request of the dam owner, otherwise authorize or approve the removal of a nonhydropower dam. This prohibition is repealed January 1,
2027.
3. It also amends the laws governing release from ownership and water level maintenance for nonhydropower dams to extend by 30 days certain statutory deadlines under those laws relating to the required consultation process to determine whether a change in dam ownership is available and relating to the assessment of certain public values associated with the dam by certain state agencies. The bill also directs the department to evaluate options for implementation of processes, programs or initiatives to address negative outcomes that may be experienced by municipalities, businesses and property owners upon the removal of, or significant change in, water flows from a hydropower or nonhydropower dam, including, but not limited to, interruptions in or loss of water supply for adjacent municipalities and businesses and damage to or impairment of public and private property and infrastructure
44 resulting from dam removal or change in water flows. On or before January 1, 2026, the
45 department is required to submit to the Joint Standing Committee on Environment and
46 Natural Resources a report outlining its evaluation and including its recommendations
47 along with draft legislation as necessary. After reviewing the report, the committee may
48 report out related legislation.

Statutes affected:
Bill Text LD 430, HP 284: 38.902, 38.903