Natural resources: inland lakes; dam safety regulations; provide for. Amends secs. 31502, 31503, 31504, 31505, 31506, 31507, 31508, 31509, 31510, 31511, 31513, 31515, 31516, 31517, 31518, 31520, 31521 & 31523 of 1994 PA 451 (MCL 324.31502 et seq.) & adds secs. 31506a, 31509a, 31509b, 31517a, 31518a, 31518b, 31518c, 31518d, 31528a & 31528b.
What changed between versions
New section 31509a establishes a staggered registration process where all dam owners must register with the department in 5 rounds over time. Registration is valid for 15 years and requires proof of ownership, an asset management plan (including inventory, condition assessment, failure probability analysis, funding sources, and performance evaluation), and demonstrated compliance with inspection, comprehensive evaluation, surveillance, operation/maintenance, and safety/security requirements. The department can deny or revoke registrations.
New section 31518a requires owners to submit a comprehensive evaluation report prepared by a licensed professional engineer every 10 years, evaluating overall dam safety including condition, design adequacy, operation procedures, failure modes, and conformance with current practices.
New sections 31518b, 31518c, and 31518d require owners to prepare and maintain surveillance and monitoring plans, operation and maintenance plans (including inspection checklists, normal/emergency procedures and logs), and safety and security plans (including physical security measures, response procedures, and notification of incidents within 24 hours).
Inspection frequency was tightened: high hazard potential dams now require inspection reports every year (previously every 3 years) and significant hazard potential dams every 2 years (previously every 4 years). The department must establish an inspection schedule requiring annual submission for approximately 1/3 of high hazard, 1/2 of significant hazard, and 1/5 of low hazard potential dams.
New subsection 31509(7) allows applicants to request a preapplication meeting with the department before submitting a permit application. The department must meet within 30 days at the district office or project site.
Section 31508 now requires that plans and specifications include documentation showing the engineer or design team has completed at least 5 similar projects (new dam construction, reconstruction of failed dam, enlargement, complex alteration, or removal) or has been in consultation with engineers who have.
New section 31528a creates a dam safety emergency fund within the state treasury to finance remedial or corrective actions when an owner is unable or unwilling to address significant safety risks. The department and attorney general may recover costs from the owner.
New section 31528b establishes a dam risk reduction grant program providing grants to owners for repair, alteration, or removal of dams, requiring owners to contribute at least 10% matching funds.
New section 31509b requires the department to adjust permit fees every 3 years starting January 1, 2029, based on cumulative percentage change in the Detroit Consumer Price Index, rounded to the nearest $10.
The fee waiver provision in section 31509 was expanded from referencing organizations described in section 31508(2)(a) through (c) to any nonprofit organization with assets under $30,000 that is 501(c)(3) exempt and not composed primarily of adjacent property owners.
Section 31506 adds provisions for dams licensed under the federal power act: registration and comprehensive evaluation reports are not required if the owner has already provided that information to the department; if federal and state requirements are contradictory, the department must modify state requirements to allow compliance with both; and documents designated as critical energy infrastructure by the Department of Energy are exempt from the freedom of information act.
New section 31506a requires owners of dams previously or currently licensed under the federal power act that subsequently come under state jurisdiction to provide the department with the full inventory of information previously provided to FERC.
Section 31510 was changed from a biweekly mailed list system with a $25 annual fee to a website posting and email notification system for pending registration applications and public hearing notices.
Section 31521 adds subsection (4) allowing the department to modify emergency order requirements during their conduct if necessary to protect public health, safety, welfare, property, or natural resources.
