Resolve, To Study and Recommend Improvements to Maine's Dam Safety
Maine Legislature, Session 130, LD 1488
Committee: Environment and Natural Resources
Sponsors: BELL

Legislative Document
No. 1488
H.P. 1102
House of Representatives, April 14, 2021
Resolve, To Study and Recommend Improvements to Maine's Dam 
Safety
Received by the Clerk of the House on April 12, 2021.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BELL of Yarmouth.
Sec. 1.  Dam study.  Resolved:  That the Department of Defense, Veterans and 
Emergency Management, in consultation with other state agencies as required by the Maine 
Revised Statutes, Title 37-B, section 1112, appropriate federal agencies, state and local 
emergency management officials, hazard assessment and public safety experts, including 
dam safety experts, civil engineering organizations, environmental organizations, 
municipal dam operators and private dam owners, shall conduct a study of the State's dam 
safety efforts under Title 37-B, chapter 24 that assesses the condition of dams in the State 
and the ability of the department to ensure the safe operation of dams and to protect public 
safety.  The study must include:
1.  A review of the State's laws and rules governing dams and dam safety and whether 
they are sufficient to ensure that the objectives of Title 37-B, chapter 24 are met;
2.  A survey of the State's existing dams, including the:
A.  Total number of registered and unregistered dams;
B.  Hazard potential and hazard classifications of each dam;
C.  Current age and estimated operational lifespan of each dam;
D.  Potential risks to downstream communities with respect to dam failures, including 
infrastructure and public and private property; and
E.  Impact of dams and potential dam failures on public resources, including wildlife 
habitats, native ecosystems, water quality and fisheries;
3.  An assessment of the resiliency of the State's existing dams and their ability to 
withstand historic and projected drought and flood events;
4.  A review of the existing limits and needs of the State's dam safety efforts; and
5.  A review of local, state and federal loan or grant programs available to dam owners 
in the State.
The department may use funds from federal or private sources, to the extent available, 
to conduct this study and shall disclose those funding sources in its report to the Joint 
Standing Committee on Veterans and Legal Affairs under section 3.
Sec. 2.  Dam safety peer review.  Resolved:  That, by December 1, 2021, the 
department shall have the Association of State Dam Safety Officials conduct a peer review 
of the State's dam safety efforts.
Sec. 3.  Dam report.  Resolved:  That, by January 14, 2022, the Department of 
Defense, Veterans and Emergency Management shall provide a report on the results of its 
study under section 1, the peer review under section 2 and recommendations for the 
improvement of dam safety, including suggested legislation, to the Joint Standing 
Committee on Veterans and Legal Affairs.  The committee is authorized to submit a bill 
based on the report to the Second Regular Session of the 130th Legislature.
SUMMARY
This resolve requires the Department of Defense, Veterans and Emergency 
Management to conduct a study of the State's dams and the State's dam safety efforts, 
including an assessment of the hazard potential and classification of each dam, the potential 
risk of dam failure to downstream communities and public resources, dam resiliency, and 
the efficacy of the State's dam safety efforts.  The department is required to have the 
Association of State Dam Safety Officials conduct a peer review of the State's dam safety 
efforts by December 1, 2021.  The department is required to submit a report on the results 
of its study, including suggested legislation, and the peer review to the Joint Standing 
Committee on Veterans and Legal Affairs by January 14, 2022.  The committee is 
authorized to submit a bill based on the report to the Second Regular Session of the 130th 
Legislature.