| |
|
| |
| 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 |
| |
1 | Amending the act of November 26, 1978 (P.L.1375, No.325), |
2 | entitled, as amended, "An act providing for the regulation |
3 | and safety of dams and reservoirs, water obstructions and |
4 | encroachments; consolidating and clarifying the programs of |
5 | the Department of Environmental Resources and Navigation |
6 | Commission for the Delaware River; establishing penalties and |
7 | repealing certain acts," abolishing annual charges for the |
8 | use of the Commonwealth's submerged lands; and making |
9 | editorial changes. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. The title of the act of November 26, 1978 |
13 | (P.L.1375, No.325), known as the Dam Safety and Encroachments |
14 | Act, amended October 23, 1979 (P.L.204, No.70), is amended to |
15 | read: |
16 | AN ACT |
17 | Providing for the regulation and safety of dams and reservoirs, |
18 | water obstructions and encroachments; consolidating and |
19 | clarifying the programs of the Department of Environmental |
20 | [Resources] Protection and Navigation Commission for the |
21 | Delaware River; establishing penalties; and repealing certain |
|
1 | acts. |
2 | Section 2. The definition of "department" in section 3 of |
3 | the act, amended October 23, 1979 (P.L.204, No.70), is amended |
4 | to read: |
5 | Section 3. Definitions. |
6 | The following words and phrases when used in this act shall |
7 | have, unless the context clearly indicates otherwise, the |
8 | meanings given to them in this section: |
9 | * * * |
10 | "Department." The Department of Environmental [Resources] |
11 | Protection of the Commonwealth of Pennsylvania. |
12 | * * * |
13 | Section 3. Section 13(b) of the act, amended May 16, 1985 |
14 | (P.L.32, No.15), is amended to read: |
15 | Section 13. Duties of owners. |
16 | * * * |
17 | (b) In addition to the duties of subsection (a), the owner |
18 | of any high hazard dam which has been classified as such by the |
19 | Department of Environmental [Resources] Protection shall post |
20 | notices in public places in any area which might be affected by |
21 | the failure of the dam. |
22 | Section 4. Section 15 of the act, amended October 23, 1979 |
23 | (P.L.204, No.70), is amended to read: |
24 | Section 15. Projects affecting submerged lands of the |
25 | Commonwealth. |
26 | (a) No permit shall be granted pursuant to this act for any |
27 | project to occupy submerged lands of the Commonwealth [in any |
28 | navigable lake or river or stream declared a public highway,] |
29 | unless the applicant has obtained an easement, right-of-way, |
30 | license or lease pursuant to this act, or holds an estate or |
|
1 | interest in such submerged lands pursuant to other specific |
2 | authority from the General Assembly. Submerged lands of the |
3 | Commonwealth shall be the beds of lakes and watercourses that |
4 | have been declared navigable by acts of the General Assembly or |
5 | by a court of competent jurisdiction, or that are subject to the |
6 | ebb and flow of tides within the limits of such tidal effects, |
7 | or that have been declared navigable by the U.S. Army Corps of |
8 | Engineers pursuant to the River and Harbor Act of 1899 (30 Stat. |
9 | 1148), and shall include reaches of watercourses extending |
10 | upstream from their mouths to a point where their watersheds are |
11 | less than 300 square miles in drainage area. |
12 | (b) [The] Except for projects which occupy more than 25 |
13 | acres of submerged lands, the permit issued by the department |
14 | may[, with the approval of the Governor,] grant an easement, |
15 | right-of-way, license or lease to occupy submerged lands of the |
16 | Commonwealth in any navigable lake [or], river or stream |
17 | [declared a public highway,] for any dam, water obstruction or |
18 | encroachment which is constructed for the purpose of: |
19 | (1) improving navigation or public transportation; |
20 | (2) recreation, fishing or other public trust purposes; |
21 | (3) protecting public safety or the environment; |
22 | (4) providing water supply, energy production or waste |
23 | treatment; |
24 | (5) providing a public utility service by a government |
25 | agency or subdivision or public utility or electric |
26 | cooperative; or |
27 | (6) other activities which require access to water. |
28 | Such easement, right-of-way, lease or license shall provide for |
29 | the payment to the Commonwealth [of compensation] of a one-time |
30 | fee for the use of [its] Commonwealth-owned property in such |
|
1 | amount and shall be subject to such terms and conditions as the |
2 | department shall[, with the approval of the Governor,] |
3 | prescribe[.] consistent with regulations adopted by the |
4 | Environmental Quality Board. The department shall not impose any |
5 | annual charge or fee for an easement, right-of-way, lease or |
6 | license granted under this section. The one-time charge by the |
7 | department shall not exceed the amount of the annual charges |
8 | established in 25 Pa. Code § 105.35 (relating to charges for use |
9 | and occupation of submerged lands of this Commonwealth). |
10 | (c) The total area of land which [any such] a single and |
11 | complete project may occupy under one or more easements, rights- |
12 | of-way, licenses or leases granted by the department pursuant to |
13 | this section shall not exceed 25 acres, except with the approval |
14 | of the Governor. Easements, rights-of-way, licenses and leases |
15 | for areas exceeding 25 acres shall be issued separately from the |
16 | department permit. |
17 | (d) No easement, right-of-way, lease or license may be |
18 | granted under this section which may adversely affect navigation |
19 | or significantly impair the public's right in lands held in |
20 | trust by the Commonwealth. |
21 | (e) No title, easement, right-of-way or other interest in |
22 | submerged lands or other real estate of the Commonwealth may be |
23 | granted except as expressly provided by this section or other |
24 | specific authority from the General Assembly. |
25 | Section 5. The Department of Environmental Protection shall |
26 | not collect or impose any annual charges under 25 Pa. Code § |
27 | 105.35 for the use of submerged lands that are subject to the |
28 | provisions of section 15 of the act after the effective date of |
29 | this act. |
30 | Section 6. This act shall take effect immediately. |
|