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Representatives Debbie Dingell (D-MI) and John Moolenaar (R-MI) today reintroduced bipartisan legislation that makes reforms and improvements to dam and hydropower safety operations and oversight in the United States. The National Dam and Hydropower Safety Improvements Act would enhance dam and hydropower safety operation requirements nationwide and aims to modernize existing infrastructure through the development of new best practices and improved communications between FERC and states.

Dingell and Moolenaar originally pushed for the provisions after the 2020 Edenville Dam and Sanford Dam failures in Michigan caused $200 million in damage throughout the region’s downstream communities, destroying homes, businesses, roads, and bridges.

“The 2020 breach of the Edenville and Sanford dams caused extensive damage in Michigan and its downstream communities. It drowned homes, businesses, and whole cities,” said Dingell. “It is clear there are serious gaps in existing laws that need to be addressed, and this catastrophe could have been prevented. We can never let this happen again in any city in America with a high hazard dam.”

“This bipartisan legislation addresses failures in existing law and will help ensure compliance with the safety regulations that are needed to protect the American people,” said Moolenaar. “We know in Michigan that the failures of federal bureaucrats, state officials, and a negligent dam owner led to devastating consequences, and we must update the laws to prevent that from happening again.”

The National Dam and Hydropower Safety Improvements Act would specifically do the following:

• Add a new requirement to section 10 of the Federal Power Act to mandate dam and project works meet the FERC’s dam safety requirements and to require the licensee to manage, operate, and maintain the dam and project works consistent with dam safety requirements.
• Amend section 15 of the Federal Power Act to require FERC to issue a new license only if the Commission determines the dam and other project works meet the Commission’s dam safety requirements and that the operating conditions of the license are consistent with those requirements.
• Require FERC to establish procedures for evaluating the financial health of prospective hydropower licensees.
• Require FERC to convene a technical conference with State representatives to examine best practices for Dam Safety.
• Allow FERC to notify and share records with States when an issue is found and the licensee has failed to act and if FERC revokes or surrenders a dam's license.

In May 2020, the Edenville Dam and Sanford Dam both failed and flooded Midland area communities after heavy rains. Dam operator Boyce Hydro had a long history of dam safety and compliance problems. Last year, a U.S. District Court Judge ruled Boyce Hydro “disregarded threats to the safety and integrity of the dam, and absolutely was responsible for its failure,” resulting in “one of the worst environmental disasters that the state of Michigan has ever experienced.”