DEC outlines phase‑2 dam‑safety rule schedule, highlights $4.5M loan fund and major Waterbury project

The Department of Environmental Conservation briefed the committee on Feb. 6 about the status of dam‑safety rulemaking and capital work. Deputy Commissioner Neil Hammond said phase‑1 rules were promulgated in 2022; phase‑2 rules (technical engineering specifications for dam owners) are being drafted now with a stakeholder round planned for April, peer review by the National Association of Dam Safety Officials, public meetings in July and anticipated filing in summer with ICAR/ICAR review to follow.

Hammond defended the program’s pace by pointing to flood-response and recovery work after multiple high‑water events in 2023–24 that required on‑site engineering and damage assessments. He noted the program scaled from a very small staff to nine positions (seven filled at the time of testimony) with ARPA support and a $5 million appropriation that augmented staffing and capability.

Hammond said the state is partnering with the U.S. Army Corps of Engineers on the Waterbury dam spillway project, a federally led project with a capital cost the department described as approximately $76 million. He also said the committee-funded emergency/unsafe dam loan fund (revised under Act 121) is capitalized with $4.5 million to support removal or restoration projects and can be used for emergency and non‑emergency work once the department finalizes rules and access procedures.

Committee members pressed why phase‑2 rules have not been completed despite staffing increases and a previously extended legislative deadline (original deadline July 2022, extensions discussed); Hammond said staff prioritized emergency response, capital projects and owner assistance during floods and reiterated a public schedule for stakeholder engagement and peer review. He and staff said they would revisit contracting options to accelerate adoption if necessary.

Hammond also previewed H.213 (smart metering and public‑water cyber protections): DEC wants to coordinate with the Agency of Digital Services and the state cybersecurity advisory council before issuing sector‑specific cyber requirements; the department recommended consulting ADS and the advisory council for water‑sector cyber guidance before imposing prescriptive standards.