View Amendment Current Amendment: 1 to Bill 3340 The Committee on Agriculture, Natural Resources and Environmental Affairs proposes the following Amendment No. 1 to H. 3340 (COUNCIL\SD\3340C001.NL.SD17):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking Section 49-11-235(A), as contained in SECTION 1, page 1, beginning on line 37, and inserting:

/      (A)      In the interest of public health and safety, the owner of a dam which failed or fails or suffered or suffers a breach on or after October 1, 2015, which has a public road or highway in the state highway system running across the top of it, must provide a written notification to the State Department of Transportation and the Department of Health and Environmental Control within one year after the failure or breach, if the failure or breach occurs after the effective date of this section, indicating whether or not the owner intends to repair the dam to appropriate standards and the date by which the repairs are anticipated to be completed. However, the owner of the dam which failed or suffered a breach between October 1, 2015, and the effective date of this section must provide the notification within sixty days after the effective date of this section. The anticipated completion date in the notice must be a date certain with no contingencies which cannot extend more than two years from the date the notification was provided. If the owner fails to give notice, this shall constitute and be construed as a negative intention on the part of the dam owner to fix or repair the dam, in which case the Department of Transportation shall proceed as though a negative response was contained in the notice.            /

Amend further, Section 49-11-235, by striking subsection (C), page 2, beginning on line 20, and inserting:

/      (C)      If the dam owner in the notice indicates the owner does not intend to repair the dam, the Department of Transportation shall proceed with the process of repairing the public road or highway if suitable rights of way or easements afford the state or the Department of Transportation the right to do so without the necessity of saving or repairing the dam.            /

Renumber sections to conform.
Amend title to conform.