Dam Safety and Removal
Introduction Matthew Taylor, P.E. Program Chair & Moderator Senior Project Manager GZA GeoEnvironmental, Inc.
EBC’s Dam Management & Climate Change Program Series
Dam Safety and Removal Legislation, Regulations, and Permitting in Massachusetts
Environmental Business Council New England, Inc.
April 8, 2013 Matthew A. Taylor, P.E. Senior Project Manager GZA GeoEnvironmental, Inc.
2
Dam Safety and Removal: Legislation, Regulations and Permitting Meeting Agenda:
1. Welcome 2. Overview of the Dam Management Program
3. Outline for Today’s Presentation. 4. Update on the new Dam Safety Regulations – M.G.L. c.29, §2IIII Page 3
What is the EBC Dam Management Program Series? • An EBC Committee focused on identifying and addressing dam management issues that are of interest to EBC members and their clients. • Committee Chair: Chad W. Cox P.E. GZA GeoEnvironmental [email protected] Page 4
EBC Dam Management Program Series 2013 Event Schedule: 1. Dam Owner Liability and Emergency Action Planning Program Date: May 10, 2013 2. CT Chapter Dam Safety and Removal Program Date: June 18, 2013 3. Dam Safety and Removal: Legislation, Regulations, and Permitting in Northern New England Program Date: July 11, 2013 4. Floodplain Management in a Changing Climate Program Date: Fall 2013 5. New Perspectives in Dam Removal and Restoration Program Date: Fall 2013 Page 5
Email Chad at [email protected] if you are interested in getting involved with any of these programs.
Dam Safety and Removal: Legislation, Regulations and Permitting
Today’s Presenters/Panelists: 1. Matthew Taylor – GZA GeoEnvironmental 2. Lealdon Langley – MassDEP – Wetlands and Waterways Program 3. Wendi Goldsmith – Bioengineering Group 4. Tom Jenkins – GZA GeoEnvironmental 5. Beth Lambert – MA Fish and Wildlife Division of Ecological Restoration 6. Tom Philbin – Mass. Municipal Assoc.
Page 6
Dam Safety and Removal: Legislation, Regulations and Permitting •
Update on the new Dam Safety Regulations M.G.L. c.29, §2IIII Chapter 448 of the Acts of 2012 Dams and Sea Walls • Follow up presentation to the EBC event on Dam Safety on April 26, 2012 with Senator Pacheco. • Special Thanks to Mr. John Clarkeson - EEOEA
Page 7
M.G.L. c.29, §2IIII Dams and Seawalls •
Signed in law by Governor Patrick on January 10, 2012. • Primary Legislators involved: – Senator Marc Pacheco (S1985) – Rep. Brian Dempsey (H4557) – Rep. James Cantwell – Added Sea Walls • Additional support from a coalition of interested parties coordinated by: – Abbie Goodman – The Engineering Center – Steve Long – The Nature Conservancy
Page 8
M.G.L. c.29, §2IIII Dams and Seawalls Timeline for New Regulations: • 1/10/13 Signed into law by Gov. Patrick • 3/19/13 Draft Regulations to Governor • 4/26/13 Publish Draft Regulations • 5/21/13 Public Hearings • 6/7/13 Public Comments Period Ends • 6/21/13 Draft Finalized Regulations to EEA • 8/2/13 Final Regulations Published and Release of Offering Documents • 9/1/13 Funding Applications Due Page 9
M.G.L. c.29, §2IIII Dams and Seawalls
Key Regulation Changes: 1. EAP’s required for Significant Hazard Dams 2. Increased fines $500 increased to $5,000 3. Establishment of the Dam and Sea Wall Repair or Removal Fund – Funded from the Water Pollution Abatement Trust – $20.1M – 50% for Dams and 50% for Sea Walls
– Applications will be made to the EOEEA Page 10
Dam and Sea Wall Repair or Removal Fund The Need - Dams Local Financial Impact Review – Massachusetts Dam Safety Law.
• Issued by Auditor of the Commonwealth – Division of Local Mandates (DLM) in January 2011 • Key Recommendations:
Creating of an “incentive financing program” with zero interest loans $60.7M is needed for repairs at 100 critical municipal dams
Page 11
The DLM report is available at: www.mass.gov/sao/dlmstudies.htm
Dam and Sea Wall Repair or Removal Fund The Need - Dams
Source: Local Financial Impact Review – Massachusetts Dam Safety Law. - Auditor of the Page 12 Commonwealth – Division of Local Mandates – Jan 2011
Dam and Sea Wall Repair or Removal Fund The Need - Seawalls Massachusetts Coastal Infrastructure and Assessment Project
• DCR - Office of Waterways issued report in 2009 • Considered state, agency, and municipally owned structures only.
• Recommended $627M (in 2006 dollars) • $31.5M/year is needed to meet a 20 year plan • Restoration to original design, if climate change were included the cost increase to $1B.
Page 13
Dam and Sea Wall Repair or Removal Fund The Details Funding Opportunities: 1. Grants – For Design – Up to 20% of award
2. Loans – For Construction
– Remaining 80% of award Note: This is the current funding distribution range and is subject to change. Page 14
– Up to 2% or ½ of Prime, whichever is greater – Possibly 0% for ecological benefit (i.e. dam removal)
All repayments will go back into the Fund.
Dam and Sea Wall Repair or Removal Fund The Details – Applicant Eligibility: 1. Local Government 2. Charitable Organizations 3. Private Owners – Project Types: Dams, Sea Walls, Jetties, Revetments, Retaining Walls, Levees, other means of flood control
Page 15
Note: State-owned or quasi-state agency projects will not be eligible.
Dam and Sea Wall Repair or Removal Fund The Details Project Eligibility Criteria: 1. Existing Structures 2. Approved Hazard Mitigation Plan 3. Up-to-date Emergency Action Plan
4. Proof of ownership 5. Design that includes Climate Change
6. Public Access Improvement Page 16
Dam and Sea Wall Repair or Removal Fund The Details Project Selection Criteria: • Project Condition
•
• Design – Is Climate Change Included
• “Ready to go”
• Economic Benefits
• Adjusting the rates
• Environmental Benefits
• Matching funds
Public Health Benefits
• Restoration of natural systems (aka green • Reduction in operating infrastructure) costs
Page 17
Dam and Sea Wall Repair or Removal Fund The Details Priority Projects: – Municipal/Charitable Organizations
– High and Significant Hazard Dams – Critical or Poor Seawalls per CZM – Imminent infrastructure improvement per USACE
Page 18
Questions [email protected]
Page 19
EBC’s Dam Management & Climate Change Program Series
Dam Safety and Removal Legislation, Regulations, and Permitting in Massachusetts
Environmental Business Council New England, Inc.
April 8, 2013 Matthew A. Taylor, P.E. Senior Project Manager GZA GeoEnvironmental, Inc.
2
Dam Safety and Removal: Legislation, Regulations and Permitting Meeting Agenda:
1. Welcome 2. Overview of the Dam Management Program
3. Outline for Today’s Presentation. 4. Update on the new Dam Safety Regulations – M.G.L. c.29, §2IIII Page 3
What is the EBC Dam Management Program Series? • An EBC Committee focused on identifying and addressing dam management issues that are of interest to EBC members and their clients. • Committee Chair: Chad W. Cox P.E. GZA GeoEnvironmental [email protected] Page 4
EBC Dam Management Program Series 2013 Event Schedule: 1. Dam Owner Liability and Emergency Action Planning Program Date: May 10, 2013 2. CT Chapter Dam Safety and Removal Program Date: June 18, 2013 3. Dam Safety and Removal: Legislation, Regulations, and Permitting in Northern New England Program Date: July 11, 2013 4. Floodplain Management in a Changing Climate Program Date: Fall 2013 5. New Perspectives in Dam Removal and Restoration Program Date: Fall 2013 Page 5
Email Chad at [email protected] if you are interested in getting involved with any of these programs.
Dam Safety and Removal: Legislation, Regulations and Permitting
Today’s Presenters/Panelists: 1. Matthew Taylor – GZA GeoEnvironmental 2. Lealdon Langley – MassDEP – Wetlands and Waterways Program 3. Wendi Goldsmith – Bioengineering Group 4. Tom Jenkins – GZA GeoEnvironmental 5. Beth Lambert – MA Fish and Wildlife Division of Ecological Restoration 6. Tom Philbin – Mass. Municipal Assoc.
Page 6
Dam Safety and Removal: Legislation, Regulations and Permitting •
Update on the new Dam Safety Regulations M.G.L. c.29, §2IIII Chapter 448 of the Acts of 2012 Dams and Sea Walls • Follow up presentation to the EBC event on Dam Safety on April 26, 2012 with Senator Pacheco. • Special Thanks to Mr. John Clarkeson - EEOEA
Page 7
M.G.L. c.29, §2IIII Dams and Seawalls •
Signed in law by Governor Patrick on January 10, 2012. • Primary Legislators involved: – Senator Marc Pacheco (S1985) – Rep. Brian Dempsey (H4557) – Rep. James Cantwell – Added Sea Walls • Additional support from a coalition of interested parties coordinated by: – Abbie Goodman – The Engineering Center – Steve Long – The Nature Conservancy
Page 8
M.G.L. c.29, §2IIII Dams and Seawalls Timeline for New Regulations: • 1/10/13 Signed into law by Gov. Patrick • 3/19/13 Draft Regulations to Governor • 4/26/13 Publish Draft Regulations • 5/21/13 Public Hearings • 6/7/13 Public Comments Period Ends • 6/21/13 Draft Finalized Regulations to EEA • 8/2/13 Final Regulations Published and Release of Offering Documents • 9/1/13 Funding Applications Due Page 9
M.G.L. c.29, §2IIII Dams and Seawalls
Key Regulation Changes: 1. EAP’s required for Significant Hazard Dams 2. Increased fines $500 increased to $5,000 3. Establishment of the Dam and Sea Wall Repair or Removal Fund – Funded from the Water Pollution Abatement Trust – $20.1M – 50% for Dams and 50% for Sea Walls
– Applications will be made to the EOEEA Page 10
Dam and Sea Wall Repair or Removal Fund The Need - Dams Local Financial Impact Review – Massachusetts Dam Safety Law.
• Issued by Auditor of the Commonwealth – Division of Local Mandates (DLM) in January 2011 • Key Recommendations:
Creating of an “incentive financing program” with zero interest loans $60.7M is needed for repairs at 100 critical municipal dams
Page 11
The DLM report is available at: www.mass.gov/sao/dlmstudies.htm
Dam and Sea Wall Repair or Removal Fund The Need - Dams
Source: Local Financial Impact Review – Massachusetts Dam Safety Law. - Auditor of the Page 12 Commonwealth – Division of Local Mandates – Jan 2011
Dam and Sea Wall Repair or Removal Fund The Need - Seawalls Massachusetts Coastal Infrastructure and Assessment Project
• DCR - Office of Waterways issued report in 2009 • Considered state, agency, and municipally owned structures only.
• Recommended $627M (in 2006 dollars) • $31.5M/year is needed to meet a 20 year plan • Restoration to original design, if climate change were included the cost increase to $1B.
Page 13
Dam and Sea Wall Repair or Removal Fund The Details Funding Opportunities: 1. Grants – For Design – Up to 20% of award
2. Loans – For Construction
– Remaining 80% of award Note: This is the current funding distribution range and is subject to change. Page 14
– Up to 2% or ½ of Prime, whichever is greater – Possibly 0% for ecological benefit (i.e. dam removal)
All repayments will go back into the Fund.
Dam and Sea Wall Repair or Removal Fund The Details – Applicant Eligibility: 1. Local Government 2. Charitable Organizations 3. Private Owners – Project Types: Dams, Sea Walls, Jetties, Revetments, Retaining Walls, Levees, other means of flood control
Page 15
Note: State-owned or quasi-state agency projects will not be eligible.
Dam and Sea Wall Repair or Removal Fund The Details Project Eligibility Criteria: 1. Existing Structures 2. Approved Hazard Mitigation Plan 3. Up-to-date Emergency Action Plan
4. Proof of ownership 5. Design that includes Climate Change
6. Public Access Improvement Page 16
Dam and Sea Wall Repair or Removal Fund The Details Project Selection Criteria: • Project Condition
•
• Design – Is Climate Change Included
• “Ready to go”
• Economic Benefits
• Adjusting the rates
• Environmental Benefits
• Matching funds
Public Health Benefits
• Restoration of natural systems (aka green • Reduction in operating infrastructure) costs
Page 17
Dam and Sea Wall Repair or Removal Fund The Details Priority Projects: – Municipal/Charitable Organizations
– High and Significant Hazard Dams – Critical or Poor Seawalls per CZM – Imminent infrastructure improvement per USACE
Page 18
Questions [email protected]
Page 19
