The following letter was shared with Geosynthetica by the Association of State Dam Safety Officials (ASDSO) and pertains to key legislation in Texas that may greatly impact dam safety. While the focus of this ASDSO alert is on Texas, the issue of dam safety and regulation is much larger and merits consideration and attention elsewhere. We thank ASDSO for sharing this letter and allowing its publication in this forum.
– Chris Kelsey, Editor, Geosynthetica

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Dear Texas ASDSO Members:

The Texas Legislature is considering a bill that will eliminate dam safety regulation for over ninety-four percent of the dams in the state. Amendment 21 to House Bill 2694, passed by the House of Representatives on 19 April 2011, will exempt all dams that store less than 1000 acre feet. The amendment was sponsored by Rep. Charlie Geren, Republican of the 99th District. A companion bill, Senate Bill 657, is currently under consideration in the Senate and it is of utmost importance to public safety that this provision not be included in the Senate Bill. If passed, this exemption will result in the decrease of public safety and emergency preparedness for failure of these dams and take Texas Dam Safety Program requirements outside the criteria consistent with the National Dam Safety Act. This will eliminate all public safety requirements for 7013 of the 6631 total dams presently under the regulatory authority including701 high hazard potential dams and 744 significant hazard potential dams.

ASDSO is asking you to write to your state Senator as soon as possible to urge them to support dam safety and oppose the inclusion of this amendment in SB 657. You can find your Senator and address and email at http://www.capitol.state.tx.us/. SB 657 is currently under consideration in the Senate Natural Resources Committee and we ask that you also write to Committee Chair Senator Troy Fraser at P.O. Box 12068, Capitol Station, Austin, TX 78711 or by email through his website at:
http://www.senate.state.tx.us/75r/Senate/members/dist24/dist24.htm.

I have attached a sample letter with wording you may want to use. Please let me know if you send emails/letters so we can keep track of our membership’s efforts.

It is unknown how soon the Committee and the full Senate will take up this bill, so it is urgent that you act as soon as possible. Thank you for your help on this important matter.

Mark B. Ogden, P.E.
Association of State Dam Safety Officials
+1 859 333 3650
www.damsafety.org

Additional information

Both HB 2694 and SB 657 (attached) are reauthorization bills for the Texas Commission on Environmental Quality. Under current authorization, the Commission is due to sunset September 1st of this year and these bills will reauthorize it for twelve years. The Dam Safety Program is housed in the Commission. During consideration of HB 2694 by the full House, Amendment 21 was adopted. The amendment reads as follows:

(e-1) The Commission shall exempt dams that impound 1,000 acre-feet or less from meeting requirements related to dam safety.

ATTACHMENTS

You can see the history and text of HB 2694 and all amendments at the following link,http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB2694. The same for SB 657 is at http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=SB657.

Thank you again for your help!