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SB378 ENROLLED
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SB378
6Y8YTZZ-2
By Senator Chambliss
RFD: Finance and Taxation General Fund
First Read: 31-Mar-26
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First Read: 31-Mar-26
Enrolled, An Act,
Relating to dam safety, to amend Sections 33-7-71,
33-7-72, 33-7-73, and 33-7-74, Code of Alabama 1975, to
require the Alabama Emergency Management Agency to administer
the Alabama Dam Safety Program; to require participating dam
and reservoir owners to receive approval from the agency
before constructing, modifying, or removing dams and
reservoirs; to authorize the agency to adopt rules and fees to
administer the program; and to require the agency to submit a
program implementation plan and operational and financial
needs of the program to the Governor and Legislature.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 33-7-71, 33-7-72, 33-7-73, and
33-7-74, Code of Alabama 1975, are amended to read as follows:
"§33-7-71
For the purposes of this article, the following terms
have the following meanings:
(1) ABANDON or ABANDONMENT. To render a dam
non-impounding by dewatering and filling the reservoir created
by the dam with solid materials, by diverting the natural
drainway around the site, or by removing a portion of the dam
to allow drainage to occur the same, or nearly the same, as
before the construction of the dam.
(2) ADVERSE CONSEQUENCES. Negative impacts that may
occur upstream, downstream, or at locations remote from the
dam. The primary concerns are loss of human life, disruption
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dam. The primary concerns are loss of human life, disruption
of public infrastructure, environmental impact, and economic
loss, including property damage.
(3) AGENCY. The Emergency Management Agency.
(3)(4) ALTERATIONS or REPAIRS. Alterations or repairs
to an existing dam and appurtenant works that affect the
safety of the dam or reservoir.
(4)(5) APPURTENANT WORKS. The structures or machinery
incident or annexed to a dam whose purpose is to operate,
assist, and maintain the dam. The term includes spillways,
either in the dam or separate therefrom, the reservoir and its
rim, low level outlet works, and water conduits, including
tunnels, pipelines, or penstocks, either through the dam or
its abutments.
(5)(6) BREACH. Partial removal of a dam, creating a
channel through the dam to the original stream bottom
elevation.
(6)(7) DAM.
a. An artificial barrier, including appurtenant works,
with the ability to impound water, wastewater, or liquid-borne
materials and to which either of the following apply:
1. Is 25 feet or more in height from the natural bed of
the stream or watercourse measured at the downstream toe of
the barrier, or from the lowest elevation of the outside limit
of the barrier, if it is not across a stream channel or
watercourse, to the maximum water storage elevation.
2. Has an impounding capacity at maximum water storage
elevation of 50 acre feet or more.
b. The term includes a fill or structure for highway or
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b. The term includes a fill or structure for highway or
railroad use or for any other purpose which impounds water.
c. This definition The term does not apply to any
include any of the following:
1. Any barrier not in excess of six feet in height
regardless of storage capacity or which has a storage capacity
at maximum water storage elevation not greater than 15 acre
feet regardless of height, unless the barrier, due to its
location or other physical characteristics, is classified as a
high hazard potential dam.
2.d. This definition does not apply to any Any dam
subject to the jurisdiction of any other state or federal
agency.
3.e. The term does not include any Any obstruction in a
canal used to raise or lower water.
4.f. This term does not include privately Privately
owned dams, regardless of the hazard designation, unless the
owner has voluntarily elected to participate in the program in
accordance with this article.
(7)(8) DAYS. In establishing deadlines, means all
calendar days, including Sundays Saturday, Sunday, and
holidays.
(8)(9) EMERGENCY. All conditions leading to or causing
a breach, overtopping, or any other condition of a dam and its
appurtenant works that may be construed as unsafe or
threatening to life or property.
(9)(10) EMERGENCY ACTION PLAN. A plan that identifies
the area that would likely be inundated by the failure of a
dam and the actions that should be taken in the event of a
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dam and the actions that should be taken in the event of a
failure or threatening condition at the dam.
(10)(11) ENGINEER. An engineer who has a background in
civil engineering and who satisfies all of the following:
a. Is a licensed professional engineer.
b. Is competent in areas related to dam investigation,
design, construction, and operation for the type of dam being
investigated, designed, constructed, or operated.
c. Has relevant experience in areas such as
investigation, design, construction, reconstruction,
enlargement, repair, alteration, maintenance, operation,
breach, removal, or abandonment of dams.
d. Understands adverse dam incidents, failures, and the
potential causes and consequences of failures.
e. Continues with necessary training and continuing
education to keep abreast of the state of the practice in dam
safety engineering.
(11)(12) ENLARGEMENT. Any change in or addition to an
existing dam or reservoir that raises or may raise the water
storage elevation of the water impounded by the dam.
(12)(13) HAZARD POTENTIAL. The possible incremental
adverse consequences that result from the release of water or
stored contents due to failure of the dam or misoperation of
the dam or appurtenant works. The hazard potential
classification of a dam does not reflect in any way on the
current condition of the dam and its appurtenant works,
including safety, structural integrity, or flood routing
capacity.
(13)(14) HIGH HAZARD POTENTIAL DAM. A dam assigned the
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(13)(14) HIGH HAZARD POTENTIAL DAM. A dam assigned the
high hazard potential classification where the dam's failure
or misoperation will likely cause loss of human life.
(14)(15) LOCAL EMERGENCY MANAGEMENT AGENCY. The local
emergency management organization that has jurisdiction over
the area in which a dam or reservoir is located.
(15)(16) LOW HAZARD POTENTIAL DAM. A dam assigned the
low hazard potential classification where failure or
misoperation results in no probable loss of human life and low
economic or environmental losses with those economic losses
that do occur being principally limited to the owner's
property.
(16)(17) PARTICIPATING OWNER. Any of the following that
elect to be included in this definition by written affidavit
delivered to the local emergency management agency:
a. Any municipal or quasi-municipal corporation.
b. Any county or quasi-county corporation.
c. Any public utility.
d. Any district as defined by Section 11-99A-2.
e. Any person.
f. The duly authorized agent, lessee, or trustee of any
entity described in paragraphs a. through e.
g. Receivers or trustees appointed by any court for any
entity described in paragraphs a. through e.
h. This state and any department, board, commission,
institution, or agency thereof that voluntarily elects to be
subject to this article.
(17)(18) PERSON. Any individual, bankruptcy trustee,
firm, association, organization, partnership, business trust,
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firm, association, organization, partnership, business trust,
corporation, limited liability corporation, limited liability
partnership, or company.
(18)(19) PROBABLE. More likely than not to occur;
reasonably expected; realistic.
(20) PROGRAM. The Alabama Dam Safety Program.
(19)(21) RECONSTRUCTION. Removal and replacement of an
existing dam or a portion thereof.
(20)(22) REMOVAL. Complete elimination of the dam
embankment or structure to restore the approximate original
topographic contours of the valley.
(21)(23) RESERVOIR. Any area that contains or will
contain impounded water, wastewater, or liquid-borne materials
by virtue of its having been impounded by a dam. This term
does not include privately owned privately-owned reservoirs,
regardless of the hazard designation, unless the owner has
elected to participate in the program in accordance with this
article.
(22)(24) SIGNIFICANT HAZARD POTENTIAL DAM. A dam
assigned the significant hazard potential classification where
failure or misoperation results in no probable loss of human
life but can result in major economic loss, environmental
damage, disruption of lifeline facilities, or other issues
impacting public safety and welfare.
(23)(25) STATE-OWNED DAM OR RESERVOIR. Any dam or
reservoir that is owned by this state or a department, board,
commission, institution, or agency thereof.
(24)(26) WATER STORAGE ELEVATION. The maximum elevation
of water surface which can that may be obtained by the dam or
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of water surface which can that may be obtained by the dam or
reservoir."
"§33-7-72
(a) The Alabama Emergency Management Agency shall
administer the Alabama Dam Safety Program in accordance with
this article.
(a)(b) A participating owner shall ensure cause all
plans and specifications for initial construction,
reconstruction, enlargement, alteration, repair, operation,
breach, abandonment, or removal of dams and reservoirs, and
the supervision of the construction of dams and reservoirs ,
shall to be in the charge of an engineer and assisted by
qualified geologists and other specialists as necessary.
(b)(c) A participating owner of any dam or reservoir
shall ensure cause the dam or reservoir is to be inspected a
minimum of once every four years by an engineer. The engineer
shall certify to the local emergency management agency that
the inspection has been completed and deliver a record of the
inspection to the owner.
(c)(d) A participating owner shall notify the local
emergency management agency in writing of the construction or
the enlargement cause all plans and specifications for initial
construction, reconstruction, enlargement, alteration, repair,
operation, breach, abandonment, or removal of any dam or
reservoir to be submitted to the agency for approval . Plans
and specifications shall be signed and sealed by the design
engineer.
(d)(e) Upon the transfer of ownership of any dam or
reservoir, the current participating owner shall notify the
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reservoir, the current participating owner shall notify the
local emergency management agency. The subsequent owner may
elect to continue participating in the inspection program but
or may also elect to cease participation with no penalty.
(e)(f) A participating owner of a state-owned dam or
reservoir shall submit a written affidavit to the local
emergency management agency for each state-owned dam or
reservoir elected to be subject to this article.
(f)(g) Notwithstanding any other provision of this
article, a state-owned dam or reservoir that is subject to
this article shall be inspected a minimum of once every four
years by an engineer, so long as sufficient funds have been
appropriated by the Legislature to, or sufficient relevant
grant funds have been obtained by, the participating owner of
the state-owned dam or reservoir. The engineer shall certify
to the local emergency management agency that the inspection
has been completed and deliver a record of the inspection to
the owner."
"§33-7-73
(a) It shall be the duty of the inspecting An engineer
to inspecting a dam or reservoir pursuant to Section 33-7-72
shall assign a hazard potential classification to the dams and
reservoirs dam or reservoir .
(b) In order to protect life and property,
participating owners of high and significant hazard potential
dams and reservoirs shall develop and file with the local
emergency management agency an emergency action plan prepared
by an engineer in consultation with the highest ranking
official of the local emergency management agency Director of
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official of the local emergency management agency Director of
Emergency Management, or his or her designee, which shall be
implemented in the event of an emergency involving that
participating owner's dam or dams reservoir . The participating
owners of such dams and reservoirs shall periodically test and
update the emergency action plan. The plan shall include all
of the following elements:
(1) Emergency notification plan with flowchart.
(2) Statement of purpose.
(3) Project description.
(4) Emergency detection, evaluation, and
classification.
(5) General responsibilities.
(6) Preparedness.
(7) Inundation maps or other acceptable description of
the inundated area.
(8) Appendices.
(c) If the participating owner of a dam or reservoir
makes the determination that an emergency involving a dam or
reservoir exists, the owner shall immediately implement the
emergency action plan, notify the local emergency management
agency, and take any additional actions necessary to safeguard
life, health, and property."
"§33-7-74
(a) The local emergency management agency has neither
inspection nor regulatory duty or responsibility. The agency
shall adopt rules to implement this article, including:
(1) Approval procedures to implement Section
33-7-72(d); and
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33-7-72(d); and
(2) Fees as necessary to offset the agency's costs in
implementing this article.
(b) Records pertaining to dams and reservoirs kept by
and in the possession of the agency or a local emergency
management agency pursuant to this article shall not be public
documents.
(c) Nothing in this article shall be construed to
relieve a participating owner or operator of a dam or
reservoir of the legal duties, obligations, or liabilities, or
to waive any immunity, incident to the ownership or operation
of the dam or reservoir.
(d) Any records or other information relating to a dam
or reservoir pursuant to this article possessed by a local
emergency management agency shall be transferred to the agency
before January 1, 2027. A local emergency management agency
may retain a copy of any such information to enable
appropriate action in the event of an emergency.
(e) Before the fifteenth legislative day of the 2027
Regular Session, the agency shall prepare and submit to the
Governor and the Legislature, including the Chair of the House
Ways and Means General Fund Committee and the Chair of the
Senate Finance and Taxation General Fund Committee, both of
the following:
(1) An Alabama Dam Safety Program Implementation Plan
designed to comply with the National Dam Safety Program
established pursuant to 33 U.S.C. § 467f.
(2) A statement of any operational or financial needs,
including legislative action, appropriation, or other
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including legislative action, appropriation, or other
resources necessary for the agency to implement this article.
(f) The agency may receive and shall seek federal,
state, and private funds, including grants from the Federal
Emergency Management Agency.
(g) The agency shall coordinate with the United States
Army Corps of Engineers to ensure all relevant dams in Alabama
are included in the National Inventory of Dams and Low-Head
Dams."
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB378
Senate 02-Apr-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 09-Apr-26
By: Senator Chambliss
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