THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ALLOWAY, ERICKSON, RAFFERTY AND M. WHITE, SEPTEMBER 4, 2012

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, SEPTEMBER 4, 2012  

AN ACT

Amending the act of November 26, 1978 (P.L.1375, No.325),

entitled, as amended, "An act providing for the regulation

and safety of dams and reservoirs, water obstructions and

encroachments; consolidating and clarifying the programs of

the Department of Environmental Resources and Navigation

Commission for the Delaware River; establishing penalties and

repealing certain acts," abolishing annual charges for the

use of the Commonwealth's submerged lands; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title of the act of November 26, 1978

(P.L.1375, No.325), known as the Dam Safety and Encroachments

Act, amended October 23, 1979 (P.L.204, No.70), is amended to

read:

AN ACT

Providing for the regulation and safety of dams and reservoirs,

water obstructions and encroachments; consolidating and

clarifying the programs of the Department of Environmental

[Resources] Protection and Navigation Commission for the

Delaware River; establishing penalties; and repealing certain

acts.

Section 2.  The definition of "department" in section 3 of

the act, amended October 23, 1979 (P.L.204, No.70), is amended

to read:

Section 3.  Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Department."  The Department of Environmental [Resources]

Protection of the Commonwealth of Pennsylvania.

* * *

Section 3.  Section 13(b) of the act, amended May 16, 1985

(P.L.32, No.15), is amended to read:

Section 13.  Duties of owners.

* * *

(b)  In addition to the duties of subsection (a), the owner

of any high hazard dam which has been classified as such by the

Department of Environmental [Resources] Protection shall post

notices in public places in any area which might be affected by

the failure of the dam.

Section 4.  Section 15 of the act, amended October 23, 1979

(P.L.204, No.70), is amended to read:

Section 15.  Projects affecting submerged lands of the

Commonwealth.

(a)  No permit shall be granted pursuant to this act for any

project to occupy submerged lands of the Commonwealth [in any

navigable lake or river or stream declared a public highway,]

unless the applicant has obtained an easement, right-of-way,

license or lease pursuant to this act, or holds an estate or

interest in such submerged lands pursuant to other specific

authority from the General Assembly. Submerged lands of the

Commonwealth shall be the beds of lakes and watercourses that

have been declared navigable by acts of the General Assembly or

by a court of competent jurisdiction, or that are subject to the

ebb and flow of tides within the limits of such tidal effects,

or that have been declared navigable by the U.S. Army Corps of

Engineers pursuant to the River and Harbor Act of 1899 (30 Stat.

1148), and shall include reaches of watercourses extending

upstream from their mouths to a point where their watersheds are

less than 300 square miles in drainage area.

(b)  [The] Except for projects which occupy more than 25

acres of submerged lands, the permit issued by the department

may[, with the approval of the Governor,] grant an easement,

right-of-way, license or lease to occupy submerged lands of the

Commonwealth in any navigable lake [or], river or stream

[declared a public highway,] for any dam, water obstruction or

encroachment which is constructed for the purpose of:

(1)  improving navigation or public transportation;

(2)  recreation, fishing or other public trust purposes;

(3)  protecting public safety or the environment;

(4)  providing water supply, energy production or waste

treatment;

(5)  providing a public utility service by a government

agency or subdivision or public utility or electric

cooperative; or

(6)  other activities which require access to water.

Such easement, right-of-way, lease or license shall provide for

the payment to the Commonwealth [of compensation] of a one-time

fee for the use of [its] Commonwealth-owned property in such

amount and shall be subject to such terms and conditions as the

department shall[, with the approval of the Governor,]

prescribe[.] consistent with regulations adopted by the

Environmental Quality Board. The department shall not impose any

annual charge or fee for an easement, right-of-way, lease or

license granted under this section. The one-time charge by the

department shall not exceed the amount of the annual charges

established in 25 Pa. Code § 105.35 (relating to charges for use

and occupation of submerged lands of this Commonwealth).

(c)  The total area of land which [any such] a single and

complete project may occupy under one or more easements, rights-

of-way, licenses or leases granted by the department pursuant to

this section shall not exceed 25 acres, except with the approval

of the Governor. Easements, rights-of-way, licenses and leases

for areas exceeding 25 acres shall be issued separately from the

department permit.

(d)  No easement, right-of-way, lease or license may be

granted under this section which may adversely affect navigation

or significantly impair the public's right in lands held in

trust by the Commonwealth.

(e)  No title, easement, right-of-way or other interest in

submerged lands or other real estate of the Commonwealth may be

granted except as expressly provided by this section or other

specific authority from the General Assembly.

Section 5.  The Department of Environmental Protection shall

not collect or impose any annual charges under 25 Pa. Code §

105.35 for the use of submerged lands that are subject to the

provisions of section 15 of the act after the effective date of

this act.

Section 6.  This act shall take effect immediately.