Committee advances H397 draft 2.4 adding emergency dam drawdown authority and municipal assistance requirement

The Government Operations & Military Affairs committee voted to report H397, draft 2.4, favorably after inserting provisions that allow executive-authorized dam drawdowns during imminent flood events and that require the Division of Emergency Management to provide assistance to municipalities to develop and implement plan components.

The change directs the governor, in consultation with the secretary of natural resources, to be able to authorize waivers permitting dams to draw down water levels in anticipation of a flood event that is “likely to cause substantial damage or injury to persons or property,” and it adds a requirement that the division provide assistance — described by committee members as technical assistance and liaison support — to municipalities in implementing statewide emergency-management plan components.

Tucker Hansen, legislative counsel, told the committee the new provision adds two standards for issuing waivers: drawing down water levels in anticipation of a qualifying flood event, and a finding that the event is likely to cause substantial damage or injury. Hansen said the waivers “may only be issued if the governor, in consultation with the secretary, has significant reason to believe that doing so will decrease the risk of substantial damage to persons or property,” and that dam operators operating under a waiver would be required to make “every effort to minimize the environmental impact of a water level drawdown.”

Committee members also pressed for clearer language requiring that the Division of Emergency Management do more than ‘‘provide a framework’’ for municipalities. Several members said many small or rural municipalities lack capacity and need active assistance. A staff speaker noted the committee’s budget letter recommended continuing the Municipal Technical Assistance Program (MTAP) at $3,000,000 as a resource for towns lacking capacity. Committee members discussed language that would tie the division’s duties to a municipal grants liaison or similar support position so local governments know how to access technical and grant resources.

The draft also carries permitting language carried from H240 that would allow temporary emergency permits during a declared state of emergency; Hansen explained such temporary permits would be valid for the duration of the declared emergency plus 180 days and that enforcement could follow if required permits were not later issued by the appropriate environmental official.

On a motion to report the draft favorably, members recorded a roll-call series of affirmative votes. The committee chair instructed staff to circulate draft 2.4 and a clean PDF of the committee’s language to members.