Indiana House Bill HB1139

Indiana 2022 Regular Session

• Introduced: 1/6/22
• Refer: 1/6/22

Caption

Regulation of dams.

Impact

The impact of this legislation on state laws is twofold. Firstly, it facilitates a more focused approach to dam safety regulations, potentially easing compliance burdens for smaller structures which do not pose significant risks. Secondly, it puts the Indiana Department of Natural Resources in charge of establishing a classification system that weighs factors like height and water volume against the potential consequences of a dam's failure. By changing the standard from 'may cause' to 'likely to cause', the bill aims to create a more robust safety net for communities downstream from these structures.

Summary

House Bill 1139 introduces significant amendments to the regulation of dams within Indiana's natural resources framework. Primarily, it sets forth a system where regulatory oversight is applied strictly to structures that meet certain criteria: those exceeding 20 feet in height, having an upstream drainage area larger than one square mile, or impounding more than 100 acre-feet of water. This redefinition is aimed at streamlining the regulations surrounding dam structures by allowing only significant ones to be subjected to strict oversight. The bill also establishes a hazard classification system based on the potential consequences of a dam's failure, shifting from traditional 'high hazard' classifications to a more nuanced system that includes 'high capacity', 'significant capacity', and 'low capacity'.

Contention

However, the bill is not without contention. Critics may argue that reducing the regulations for smaller dams could lead to safety oversights, particularly in light of potential climate impacts that could affect flooding and dam integrity. Proponents of stringent dam regulations might express concerns that the revised classifications and the conditions under which inspections are mandated do not adequately account for the complexities and potential dangers posed by smaller, less regulated dams. Additionally, the bill envisions that requests for reclassification to a 'high hazard' status can be initiated by property owners downstream, which could lead to administrative challenges and disputes regarding classification determinations.