An Act to Implement Recommendations for Improved Dam Safety
Maine Legislature, Session 132, LD 1848
Committee: Criminal Justice and Public Safety
Sponsors: MILLIKEN
Amends: 37-B MRSA §1113, 37-B MRSA §1117, 37-B MRSA §1118, 37-B MRSA §1119, 37-B MRSA §1119-A, 37-B MRSA §1126, 37-B MRSA §1127, 38 MRSA §480-D, 38 MRSA §480-Q

Legislative Document
No. 1848
H.P. 1232
House of Representatives, April 30, 2025
An Act to Implement Recommendations for Improved Dam Safety
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLIKEN of Blue Hill.
Cosponsored by Representatives: BELL of Yarmouth, BISHOP of Bucksport, Senators: 
GROHOSKI of Hancock, HAGGAN of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  37-B MRSA §1113, as enacted by PL 2001, c. 460, §3, is repealed and the 
following enacted in its place:
§1113.  Duties of department
In accordance with the provisions of this chapter and the rules adopted pursuant to this 
chapter, the department shall inspect existing dams and reservoirs to determine their hazard 
potential, review the design and construction of new and reconstructed dams, assist dam 
owners in developing emergency action plans to minimize the effects of dam failure and 
take all necessary actions in emergency situations of probable dam failure to protect life 
and property. 
1.  Authority of other persons.  Except for the Federal Government, a person may not 
exercise any authority over the emergency regulation or supervision of any dams or 
reservoirs in the State when that exercise would conflict with the powers and authority of 
the department under this chapter.
2.  Coordination with Department of Environmental Protection.  In administering 
and enforcing the provisions of this chapter, the department shall, as necessary, coordinate 
and establish any written policies or agreements with the Department of Environmental 
Protection with respect to the authority of the Department of Environmental Protection 
under Title 38, chapter 5 to ensure the efficient administration and enforcement of this 
chapter and of Title 38, chapter 5. 
3.  Comprehensive database management system.  The department shall develop 
and implement a comprehensive database management system for use in its administration 
and enforcement of this chapter.  The department shall ensure that all public records in its 
possession relating to the administration and enforcement of this chapter are digitized and 
integrated into and accessible from the database management system implemented under 
this subsection.
4.  Written policies and procedures.  The department shall establish by rule 
comprehensive written policies and procedures necessary for its administration and 
enforcement of this chapter, including, but not limited to, policies and procedures for:
A.  Compliance with and enforcement of this chapter that encourage voluntary 
compliance over enforcement action;
B.  Dam evaluations, dam inspections and dam inspection follow-ups for use by 
department staff, dam owners and other persons; and
C.  Dam security measures and dam-related public safety measures, including, but not 
limited to, requirements for implementation by dam owners of surveillance and 
monitoring measures at dam sites.
In developing the policies and procedures required by this subsection, the department shall 
as necessary consult with relevant state agencies and other entities, including, but not 
limited to, the Department of Environmental Protection.  Rules adopted by the department 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
5.  Staffing; training.  The department shall hire, employ or contract with persons 
necessary for the administration and enforcement of this chapter, including, but not limited 
to, one or more state dam inspectors pursuant to section 1117.  The department shall 
provide for the necessary training of department staff under this chapter, including, but not 
limited to, ongoing staff training and professional development opportunities.
6.  Stakeholder engagement.  The department shall develop and implement a plan for 
conducting outreach to and maintaining regular communication with persons with an 
interest in the administration of this chapter, including, but not limited to, dam owners. 
7.  Annual report.  On or before January 1, 2028, and annually thereafter, the 
department shall submit a report to the joint standing committee of the Legislature having 
jurisdiction over emergency management matters regarding the administration and 
enforcement of this chapter.  The report must include, but is not limited to, information 
regarding any staffing and operational needs for the dam safety program under this chapter; 
current and anticipated funding levels for the program; information regarding the 
development and implementation of guidelines, policies and procedures under the program; 
and information regarding dam inspections conducted and enforcement actions taken under 
the program.  After reviewing the report, the committee may report out related legislation.
Sec. 2.  37-B MRSA §1117, as enacted by PL 2001, c. 460, §3, is amended to read:
§1117.  Inspectors of dams
The commissioner shall appoint or hire one or more state dam inspectors who are 
licensed as professional engineers under Title 32, chapter 19 and who are experienced in 
the inspection and design of dams.  For the purposes of this chapter, a state dam inspector 
appointed or hired by the commissioner pursuant to this section is the legal representative 
of the commissioner.
Sec. 3.  37-B MRSA §1118, sub-§1-A is enacted to read:
1-A.  Evaluation of downstream hazard.  The commissioner shall evaluate the 
downstream hazard potential of each dam to determine the potential risk to public safety 
and property downstream from the dam that may result from the failure or operation of the 
dam.  For each dam assigned a high hazard potential or significant hazard potential, the 
evaluation under this subsection must be completed at least once every 5 years.
Sec. 4.  37-B MRSA §1118, sub-§4 is enacted to read:
4.  Potential failure mode analysis.  The department shall adopt by rule policies and 
guidelines for owners of dams assigned a high hazard potential pursuant to this section to 
conduct potential failure mode analyses of dams, based on the potential failure mode 
process developed by the Federal Energy Regulatory Commission.  Rules adopted by the 
department pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 5.  37-B MRSA §1119, sub-§1, as amended by PL 2013, c. 146, §20, is further 
amended to read:
1.  Inspections.  A state dam inspector shall conduct an inspection of all high and 
significant hazard potential dams to determine whether the integrity, structural stability, 
function or operation of those dams constitutes a threat to public safety, in accordance with 
the following schedule:
A.  All significant hazard potential dams, at least once every 6 5 years;
B.  All high hazard potential dams, at least once every 6 5 years;
C.  Any dam, within 60 days of a request for an inspection from the dam owner or the 
municipality in which the dam is located or as soon as is practicable as weather and 
other conditions allow; and
D.  At any time any dam that may, in the judgment of the commissioner, constitute a 
potential risk to public safety.
Notwithstanding the schedule outlined in this subsection, a state dam inspector shall 
conduct an inspection of a significant or high hazard potential dam within 30 days of receipt 
by the commissioner of a notice of transfer of ownership of the dam as required under 
section 1128 unless the dam has been inspected under this subsection within 4 years 
preceding the notice of transfer of ownership.
Sec. 6.  37-B MRSA §1119, sub-§4, as enacted by PL 2001, c. 460, §3, is amended 
by enacting at the end a new blocked paragraph to read:
The commissioner may adopt rules establishing a schedule for the required payment of 
monetary penalties by a dam owner, lessee or other person in control of a dam that fails to 
implement remedial measures directed in a dam safety order issued by the commissioner 
pursuant to this subsection.  Rules adopted by the commissioner pursuant to this subsection 
are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 7.  37-B MRSA §1119-A is enacted to read:
§1119-A.  Comprehensive dam review and inspection
The department shall establish by rule requirements and procedures for periodic 
comprehensive review and inspection of dams assigned a high hazard potential pursuant to 
section 1118 to be conducted by and at the expense of the owner of the dam at least once 
every 12 years.
Rules adopted by the department pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.
Sec. 8.  37-B MRSA §1126, as enacted by PL 2001, c. 460, §3, is amended by 
amending the section headnote to read:
§1126.  Access and notification; engineering reports
Sec. 9.  37-B MRSA §1126, sub-§3 is enacted to read:
3.  Engineering reports.  An owner, lessee or person in control of a dam shall provide 
to the department a copy of any engineering study, inspection, comprehensive review or 
report regarding the dam that was commissioned or otherwise facilitated by the owner, 
lessee or person.
Sec. 10.  37-B MRSA §1127, as enacted by PL 2001, c. 460, §3, is repealed and the 
following enacted in its place:
§1127.  Emergency action plans
This section governs the preparation and review of emergency action plans.
1.  Requirement for plan.  The owner of a dam under the department's jurisdiction 
shall prepare an emergency action plan for that dam, using a model emergency action plan 
made available by the department, as follows:
A.  Within 6 months of the classification of a dam as a high hazard potential dam or 
significant hazard potential dam, the owner shall prepare an emergency action plan for 
the dam and submit the plan to the department for review; and
B.  Prior to the construction or reconstruction of any dam, the owner shall prepare an 
emergency action plan for the dam and submit the plan to the department for review.
2.  Submission of plan; availability.  At the time the dam owner submits an emergency 
action plan required by subsection 1, paragraph A, or an update to that plan, to the 
department, the owner shall submit the plan to the appropriate local or county government 
office where the dam is located.  The department shall ensure that emergency action plans 
submitted to the department pursuant to this section are made publicly available.
3.  Update to plan.  A dam owner that submits an emergency action plan required by 
subsection 1, paragraph A shall update the plan as necessary and in accordance with 
guidelines established by the department and submit the updated plan to the department for 
review.  The department shall establish guidelines for the updating of emergency action 
plans under this subsection, which must require such updating at least every 2 years after 
initial submission. 
4.  Testing.  The department shall establish guidelines and procedures for the testing 
of emergency action plans required by subsection 1, paragraph A.
Sec. 11.  38 MRSA §480-D, sub-§12 is enacted to read:
12.  Construction or reconstruction of nonhydropower dam.  If the proposed 
activity involves the construction or reconstruction of a nonhydropower dam, prior to 
granting a permit, the department shall notify the director of the Maine Emergency 
Management Agency within the Department of Defense, Veterans and Emergency 
Management regarding the application.  The director of the Maine Emergency 
Management Agency shall provide the department with an assessment of the design and 
construction or reconstruction of the proposed dam and any recommendations regarding 
terms or conditions necessary to minimize the risk of dam failure and to protect public 
safety and property downstream from the dam that may result from the failure or operation 
of the dam.
As used in this subsection, "nonhydropower dam" has the same meaning as in section 
480-Q, subsection 2-E.
Sec. 12.  38 MRSA §480-Q, sub-§2-E, ¶A, as enacted by PL 2019, c. 124, §3, is 
amended to read:
A.  A long-term maintenance and repair plan for the dam has been submitted to the 
department and to the Department of Defense, Veterans and Emergency Management, 
Maine Emergency Management Agency prior to the commencement of any 
maintenance or repair activities;
Sec. 13.  Department of Defense, Veterans and Emergency Management; 
state dam inspector.  Pursuant to the authority under the Maine Revised Statutes, Title 
37-B, section 1117, the Department of Defense, Veterans and Emergency Management 
shall take all necessary steps to ensure that, within 6 months of the effective date of this 
Act, it has appointed or hired in a permanent capacity one or more state dam inspectors 
meeting the requirements of section 1117.  Notwithstanding any provision of law to the 
contrary, to attract qualified candidates for the state dam inspector position, the department 
is authorized to offer a salary package for that position that is competitive and aligns with 
pay standards for professional engineers in the State.
Sec. 14.  Department of Defense, Veterans and Emergency Management; 
dam safety compliance.  Consistent with the provisions of the Maine Revised Statutes, 
Title 37-B, chapter 24, the Department of Defense, Veterans and Emergency Management 
shall as soon as practicable identify all dams in the State that are under its jurisdiction and 
are not in compliance with applicable dam safety standards and, in accordance with the 
compliance and enforcement policies and procedures adopted pursuant to Title 37-B, 
section 1120, take all actions necessary to ensure that those dams achieve compliance, 
prioritizing its actions based on the hazard potential of each identified dam as assigned 
pursuant to Title 37-B, section 1118.
Sec. 15.  Department of Defense, Veterans and Emergency Management; 
assessment of staffing and operational needs for dam safety program.  The 
Department of Defense, Veterans and Emergency Management shall assess staffing and 
operational needs for the administration and enforcement of the dam safety program under 
the Maine Revised Statutes, Title 37-B, chapter 24.  
By January 1, 2026, the department shall submit to the Joint Standing Committee on 
Criminal Justice and Public Safety a report identifying the funding amounts necessary to 
ensure the effective administration and enforcement of the dam safety program, which 
must, at a minimum, identify the funding amounts necessary to support the hiring of one 
additional state dam inspector position under the Maine Revised Statutes, Title 37-B, 
section 1117.  After reviewing the report, the committee may report out related legislation 
to the Second Regular Session of the 132nd Legislature.
SUMMARY
This bill is designed to implement the following recommendations for the improvement 
of dam safety in the State as identified in the report required pursuant to Resolve 2021, 
chapter 176 and submitted to the 131st Legislature in February 2024.
1.  It amends the Natural Resources Protection Act to require that, if a proposed activity 
subject to that Act involves the construction or reconstruction of a nonhydropower dam, 
prior to granting a permit, the Department of Environmental Protection shall notify the 
director of the Maine Emergency Management Agency within the Department of Defense, 
Veterans and Emergency Management regarding the application.  The director of the Maine 
Emergency Management Agency is required to provide the department with an assessment 
of the design and construction or reconstruction of the proposed dam and any 
recommendations regarding terms or conditions necessary to minimize the risk of dam 
failure and to protect public safety and property downstream from the dam that may result 
from the failure or operation of the dam.  
For maintenance and repair activities on an existing dam for which a permit is not 
required under that Act, the bill provides that a long-term maintenance and repair plan for 
the dam, which is required to be submitted to the Department of Environmental Protection 
prior to the commencement of any maintenance or repair activities, must also be submitted 
to the Maine Emergency Management Agency.
2.  It modifies the duties of the Department of Defense, Veterans and Emergency 
Management under the State's dam safety program under the Maine Revised Statutes, Title 
37-B, chapter 24, by providing for coordination with the Department of Environmental 
Protection in its administration of the program, clarifying the policies and procedures to be 
adopted for the administration and enforcement of the program, requiring the development 
and implementation of a comprehensive database management system, specifying staffing 
responsibilities, providing for stakeholder engagement and imposing an annual legislative 
reporting requirement.
3.  It clarifies that, for the purposes of the dam safety program under Title 37-B, chapter 
24, a state dam inspector appointed or hired by the Commissioner of Defense, Veterans and 
Emergency Management is the legal representative of the commissioner.
4.  It requires the Commissioner of Defense, Veterans and Emergency Management to 
evaluate the downstream hazard potential of each dam to determine the potential risk to 
public safety and property downstream from the dam that may result from the failure or 
operation of the dam. 
5.  It requires the Department of Defense, Veterans and Emergency Management to 
adopt by rule policies and guidelines for owners of dams assigned a high hazard potential 
to conduct potential failure mode analyses of dams, based on the potential failure mode 
process developed by the Federal Energy Regulatory Commission.
6.  It requires inspection by a state dam inspector of all significant hazard potential 
dams and all high hazard potential dams at least once every 5 years.
7.  It authorizes the Commissioner of Defense, Veterans and Emergency Management 
to adopt major substantive rules establishing a schedule for the required payment of 
monetary penalties by a dam owner, lessee or other person in control of a dam that fails to 
implement remedial measures directed in a dam safety order issued by the commissioner.  
8.  It requires the Department of Defense, Veterans and Emergency Management to 
establish by rule requirements and procedures for periodic comprehensive review and 
inspection of all high hazard potential dams at least once every 12 years, to be conducted 
by and at the expense of the owner of the dam.
9. It requires an owner, lessee or person in control of a dam to provide to the 
Department of Defense, Veterans and Emergency Management a copy of any engineering 
study, inspection, comprehensive review or report regarding the dam that was 
commissioned or otherwise facilitated by the owner, lessee or person.
10.  It repeals and replaces the law regarding dam emergency action plans to provide 
that, prior to the construction or reconstruction of any dam, the owner must prepare an 
emergency action plan for the dam and submit the plan to the Department of Defense, 
Veterans and Emergency Management for review.  The department is also required to 
establish guidelines and procedures for the testing of emergency action plans for high 
hazard potential and significant hazard potential dams.
11.  It directs the Department of Defense, Veterans and Emergency Management to 
take all necessary steps to ensure that, within 6 months of the effective date of this 
legislation, it has appointed or hired in a permanent capacity one or more state dam 
inspectors.  To attract qualified candidates for the state dam inspector position, the 
department is authorized to offer a salary package for that position that is competitive and 
aligns with pay standards for professional engineers in the State. 
12. It directs the Department of Defense, Veterans and Emergency Management, as 
soon as practicable, to identify all dams in the State that are under its jurisdiction and are 
not in compliance with applicable dam safety standards and, in accordance with the 
compliance and enforcement policies and procedures adopted under the dam safety 
program, take all actions necessary to ensure that those dams achieve compliance, 
prioritizing its actions based on the hazard potential of each identified dam as assigned 
pursuant to law.
13.  It requires the Department of Defense, Veterans and Emergency Management to 
assess staffing and operational needs for the administration and enforcement of the dam 
safety program.  By January 1, 2026, the department must submit to the Joint Standing 
Committee on Criminal Justice and Public Safety a report identifying the funding amounts 
necessary to ensure the effective administration and enforcement of the dam safety 
program.  After reviewing the report, the committee may report out related legislation.