proposed regulations division of safety of dams · 2020-04-07 · sharon k. tapia, chief may 23,...
TRANSCRIPT
Proposed RegulationsDivision of Safety of Dams
Sharon K. Tapia, ChiefMay 23, 2018
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Outline
Update on DSOD’s Dam Safety Program• Inundation Map Draft Regulations• Annual Fees Draft Regulations
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Senate Bill 92
Changes to Water Code for Dam SafetyJune 27, 2017
Inundation Maps & EAPs§6160-§6162
Annual Fees§6307
New Enforcement§6428-§6432
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~1249 Jurisdictional DamsJurisdictional Inventory – 1,246 Dams
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Inundation Maps & EAPsWater Code §6160- §6162
Inundation Maps & EAPs• Required for about 1000 dams
• About 200 dams have EAPs (federally regulated)• Critical Appurtenances
Dam HazardClassification Dams Owners EAP Due Date
Extremely High 194 85 January 1, 2018
High 472 253 January 1, 2019
Significant 272 210 January 1, 2021
Low 308 205 Not Required
Total 1,246 753* * Total of 629 individual dam owners
Updates to maps every 10 years, or sooner as needed
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Map Regulations - Timeline
NovOctSeptAugJulyJuneMayAprMarFebJanOct 2018
Emergency Regulations
Adopt Readopt Readopt Expire
Draft Regulations/Outreach
Informal Comment
45-day CommentOwner
WorkshopFocus
GroupsPublish Initial Draft
Publish Notice
Public Hearing
Finalize Regulations
CWC Approval
OAL Review
OAL Approval
Regulations in Effect
Denotes Outreach Effort
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Map Regulations – Overview
• Scope and Applicability of Regulations• Definitions• Hazard Potential Classifications• Modeling Requirements• Technical Memorandum• Inundation Maps• Reporting Standards• Submittals to DSOD• Updates to Inundation Maps and Supporting Documentation• DSOD Review and Approval• Inundation Maps and EAP Requirements for New and Enlarged Dams
CCR Title 23. Waters. §335
Focused Topics
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Map Regulations – Major ObjectivesCCR Title 23. Waters §335
•Various failure scenarios modeled• Main dam• Critical appurtenant structures• Storm-induced or sunny-day failure scenario • Sequential dam failure scenario
•Assumptions appropriate for public safety• Volume: Full storage• Timing: Nearly instantaneous failure or results in largest peak outflow• Structures: Gates failed collectively as a system
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Map Regulations – Major Objectives, cont’d
• Inundation modeling applicable for the site conditions• Appropriate digital elevation data for the downstream terrain• Appropriate hydraulic modeling – magnitude & extent of flooding• Maps signed and stamped by CA Registered Engineer
•Technical memorandum to assist DSOD’s review• Identify the failure parameters of the dam and appurtenances• Modeling and breach assumptions used
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Map Regulations – Major Objectives, cont’d
• Inundation map information is useful• Flood wave arrival time, maximum depth, and peak velocity• Limits of inundation extent• Map scale and date• General information about dam system and downstream critical
facilities and other features
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Map Regulations – Common Comments• Funding and deadlines
• No provisions for funding assistance• Aggressive EAP submittal schedule
• Hydraulic modeling requirements• Too prescriptive and does not allow for engineering judgement• May conflict with Federal regulatory requirements
• Inundation mapping requirements• Not beneficial to require ‘’deflood” times on maps. Based on required
modeling assumptions, the time for the flood wave to recess, known as “deflood,” would be underestimated and may mis-inform the public.
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Changes from Emergency Regulations• Funding and deadlines
• Less prescriptive modeling and mapping requirements may reduce costs and map preparation time for some dam owners
• Hydraulic modeling requirements (performance based)• Lessened prescriptive requirements for greater engineering judgement• Improved alignment of requirements with Federal regulations• Clarified definition of a critical appurtenant structure
• Inundation mapping requirements• Eliminated requirement for “deflood” time to be shown on maps• Specified when maps/EAPs for proposed new and enlarged dams need to be
submitted and approved
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Inundation Maps: Next steps•Publish Notice – June •Public comment period – June-July (45 days)•Public meeting – July•Submit for CWC approval – September •Expected effective date of regulations – October
Kristen Martin(916) [email protected]
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Fees Paid by Dam Owners - Overview
All Dam Owners
Annual FeesFlat fee +
dam height fee
~85% to 90%
Dam Owners Performing Work
Requiring DSOD Approval
Application Filing Fees
Tiered fee based on construction costs
~10% to 15%
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Annual Fees – Water Code §6307SB 92 – Effective June 27, 2017
Annual Schedule of Fees removed from §6307
“The department shall adopt, by regulation, a schedule of fees to cover the department’s reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.”
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Annual Fee Regulations - Timeline
JanDecNovOctSeptAugJulyJuneMayAprMarFeb
Emergency Regulations
Adopt Readopt Expire
Draft Regulations
45-day Comment
Publish Notice
Public Hearing
Finalize Regulations
CWC Approval
OAL Review
OAL Approval
Regulations in Effect
Denotes Outreach Effort
Informal Comments
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Annual Fee Process for Upcoming FY
Assess Required Revenue
CY Filing Fee Revenue Earned
Calculate True-Up
Develop Schedule of
Fees
Send OutInvoices
Annual Fees Due July 1
January
March
MarchMarch
April
July- December FY 2018/19 Annual Fee Revenue
Required Revenue (RR) $20.4M
Application Filing Fees Revenue (FFR)
- $2.5M
True-up from prior year(over/under collection)
- $2.0M
Total Annual Fee Revenue (AFR) Required
$15.9M
Invoice to Dam Ownersby April 30th
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Annual Fee Regulations – OverviewCCR Title 23. Waters. §315
Determination of the Amount – 3 Step Process
1. Annual Fee Revenue (AFR) =
Required Revenue (RR) – Filing Fee Revenue (FFR) + True-up
2. Schedule of Fees =
Administrative Fee + (Height of Dam) x (Height of Dam Rate)
where Administrative Fee = 5% of AFR divided by all DamsHeight of Dam Rate = 95% of AFR divided by Linear Feet of Operable DamsTrue-up = Excess or shortfall in actual revenue collected/used in
the prior fiscal year carried over to the next fiscal year
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Annual Fee Regulations – Overview, cont’dCCR Title 23. Waters. §315
3. Rate Structures =
General – full rateDams that do not qualify for a modified rate
Reduced – 20% of General RateDams storing < 100 AF that are privately owned or ranch/farm dams defined in §6307 of the Water Code
Limited – Administrative Fee of either General or Reduced RateDams determined to be inoperable per §316 or used for special school studies as defined in §6307 of the Water Code
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Rate Structure by Dam Owner Type
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Annual Fees – ScheduleAnnual Fee Schedule
Annual Fee = (Flat Fee per Dam) + (Rate x Dam Height)
2017/18 Rates:General = $632 + $174 x Dam HeightReduced = $239 + $26 x Dam Height
2018/19 Rates:General Rate = $841 + $235 x Dam HeightReduced Rate = $168 + $47 x Dam Height
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Average Fees by Rate & Dam Height
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Dam Safety Work Supported by Annual Fees
Dam Safety
Maintenance Inspections
Re-evaluations Emergency Response
Inundation Maps
Bolstered
Bolstered
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Location of Dams by Fee Rate & Hazard
Annual Fees General Rate
(96%)
Annual FeesReduced Rate
(4%)
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Annual Fees – Common Comments*• Short notice of fee increase
• Inadequate time to incorporate into budget• Unclear on billing period (fiscal vs calendar year) that the fees support
• Concerns with ability to pay• Consider an alternative structure for disadvantaged communities• Limited funding resources
• Fee structure• Consider other parameters than height, like hazard potential, storage, etc. • Evaluate if dam would qualifying under a reduced rate
• Fee increases• Why are fees being increased• What do the fees support *Responses from about 25 dam owners
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Annual Fees: Next steps• Re-adoption of emergency regulations - by September 24• Public comment period - July-Aug (45 days)• Public meeting - August• Submit for CWC approval - October • Expected effective date of regulations - November
Marcelino Alcantar(916) [email protected]
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Thank You
Source: Association of State Dam Safety Officials (ASDSO)