PRINTER'S NO. 2063
No. 1409 Session of 2008
INTRODUCED BY WOZNIAK, MUSTO, MELLOW, STOUT, WONDERLING, O'PAKE, FONTANA, KASUNIC, BOSCOLA, ERICKSON, KITCHEN, LAVALLE, FUMO, A. WILLIAMS AND RHOADES, MAY 14, 2008
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 14, 2008
AN ACT 1 Amending the act of June 5, 1947 (P.L.422, No.195), entitled, 2 "An act authorizing the Department of Forests and Waters to 3 provide for stream clearance and stream channel 4 rectifications; to construct and maintain dams, reservoirs, 5 lakes and other works and improvements for impounding flood 6 waters, and conserving the water supply of the Commonwealth; 7 and for creating additional recreational areas; to acquire by 8 purchase, condemnation or otherwise, certain lands for such 9 purposes; to construct and maintain flood forecasting and 10 warning systems," further providing for the purposes of the 11 act and for the authority of the Department of Environmental 12 Protection; and making editorial changes. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. The title of the act of June 5, 1947 (P.L.422, 16 No.195), entitled, "An act authorizing the Department of Forests 17 and Waters to provide for stream clearance and stream channel 18 rectifications; to construct and maintain dams, reservoirs, 19 lakes and other works and improvements for impounding flood 20 waters, and conserving the water supply of the Commonwealth; and 21 for creating additional recreational areas; to acquire by 22 purchase, condemnation or otherwise, certain lands for such
1 purposes; to construct and maintain flood forecasting and 2 warning systems," is amended to read: 3 AN ACT 4 Authorizing the Department of [Forests and Waters] Environmental 5 Protection to provide for stream clearance and stream channel 6 rectifications; to construct and maintain dams, reservoirs, 7 lakes and other works and improvements for impounding flood 8 waters, and conserving the water supply of the Commonwealth; and 9 for creating additional recreational areas; to acquire by 10 purchase, condemnation or otherwise, certain lands for such 11 purposes; to construct and maintain flood forecasting and 12 warning systems[.]; to develop, implement and maintain 13 nonstructural flood protection measures and stream channel 14 environmental improvement projects; and to cooperate with 15 counties, municipalities and municipal authorities to undertake 16 all categories of work herein authorized for the Department of 17 Environmental Protection. 18 Section 2. Sections 1, 2, 3, 4 and 5 of the act are amended 19 to read: 20 Section 1. The Department of [Forests and Waters] 21 Environmental Protection is hereby authorized to dredge and 22 remove flood waste, deposits, flood water obstructions, gravel, 23 bars and debris from any river or stream or part thereof; to 24 restore or rectify flood damaged or destroyed stream channels, 25 wholly or partly within, or forming part of the boundary of this 26 Commonwealth[, except the tidal waters of the Delaware River and 27 of its navigable tributaries]; to construct and maintain dams, 28 lakes and other works and improvements, as in the judgment of 29 the department may be necessary to impound flood waters and 30 conserve the water supply of the Commonwealth; [and] to provide 20080S1409B2063 - 2 -
1 additional recreational areas; [and] to construct and maintain 2 flood forecasting and warning systems[.]; to develop, implement 3 and maintain nonstructural flood protection and stream channel 4 environmental improvement projects and to cooperate with 5 counties, municipalities and municipal authorities that 6 undertake all categories of work herein authorized for the 7 department. Nonstructural flood protection projects shall mean 8 and include floodplain improvements such as acquisition of land 9 and structures, and demolition, removal, relocation, elevating 10 and floodproofing of structures and other facilities susceptible 11 to flood damage; and floodplain clearance and restoration. 12 Stream channel environmental improvements shall mean and include 13 installation and maintenance of vegetated stream banks and 14 riparian corridors, bioengineered projects for bank stability 15 and erosion control, and in-channel structures for habitat and 16 geomorphic stabilization of stream channel profile, pattern and 17 dimensions. 18 Section 2. The Department of [Forests and Waters] 19 Environmental Protection is hereby authorized to make such 20 appropriate surveys and prepare such suitable plans as are 21 necessary for the execution of the above stated work. 22 Section 3. The Department of [Forests and Waters] 23 Environmental Protection in the performance of the work 24 authorized under the provisions of this act may, with the 25 approval of the Governor, enter into contracts or agreements 26 with any person, corporation or municipality covering the lease 27 or purchase of [power, shovels, bulldozers and other] necessary 28 equipment for stream clearance and stream channel 29 rectifications, as well as covering the construction, repair and 30 maintenance of dams, reservoirs, lakes, the purchase and 20080S1409B2063 - 3 -
1 installation of flood forecasting and warning systems, and other 2 works and improvements required to carry out the purposes of 3 this act. 4 Section 4. The Department of [Forests and Waters] 5 Environmental Protection is hereby authorized, subject to the 6 approval of the Governor, to acquire by donation, agreement, 7 lease, purchase or condemnation, and to own or hold in the name 8 of the Commonwealth, real and personal property, rights, lands, 9 easements and rights-of-way necessary for the execution of the 10 work authorized by this act. 11 Section 5. The [department] Department of Environmental 12 Protection shall have power to acquire any lands, easements, 13 rights-of-way, franchises and other property, deemed necessary 14 for the construction of any of its public works or improvements 15 provided for in this act, except for nonstructural flood 16 protection projects which shall only be acquired from a willing 17 seller, by condemnation proceedings, and shall have power to 18 enter upon, take possession of, and occupy such property deemed 19 necessary for such purposes. The proceedings for the 20 condemnation of property and for the assessment of damages shall 21 be in accordance with the provisions of the act, approved the 22 fifteenth day of July, one thousand nine hundred nineteen 23 (Pamphlet Laws 976), entitled "An act to authorize the Board of 24 Commissioners of Public Grounds and Buildings to acquire 25 property for the Commonwealth by proceedings in eminent domain, 26 where the purchase of such property has either been authorized 27 by law or determined by the Board of Commissioners of Public 28 Grounds and Buildings under existing laws, and an appropriation 29 made therefor," its amendments and supplements, except that the 30 department shall have the right to immediate possession of the 20080S1409B2063 - 4 -
1 property upon paying into the court of common pleas of the 2 county wherein the property is situated, upon the department's 3 petition to such court for leave so to do, the value of the 4 property as determined by the department's appraisers: Provided, 5 however, That any property owner who believes the amount 6 tendered insufficient to fully compensate him may accept the 7 same under protest and without prejudice to his right to apply 8 for the appointment of a board of view to assess the damages 9 claimed. Upon application for the appointment of a board of view 10 the court of the proper county, or any law judge thereof in 11 vacation, shall appoint three discreet and disinterested free- 12 holders of the county as viewers. If the owner, lessee or 13 occupier of any of such property shall refuse to remove 14 therefrom, or give up possession thereof, the department may 15 proceed to obtain possession in the manner now provided by law. 16 Section 3. Section 6 of the act, amended September 29, 1951 17 (P.L.1631, No.424), is amended to read: 18 Section 6. The Department of [Forests and Waters] 19 Environmental Protection is hereby authorized to consult, 20 cooperate, negotiate, and with the approval of the Governor, 21 enter into contracts and other agreements with the Federal 22 Government, or any appropriate agency thereof. The [General 23 State Authority] Department of General Services, any State or 24 local agency, department, board, bureau, commission, or any 25 political subdivisions, municipality, county, authority, 26 corporation, association, person or persons, for cooperation and 27 assistance in planning, constructing, financing, maintaining and 28 operating, any works or facilities needed to carry out the 29 purposes of this act: Provided, That all work of any character 30 whatsoever performed under the authority of this act, except as 20080S1409B2063 - 5 -
1 undertaken by its own forces, or other agencies of the 2 Commonwealth, [or of] the Federal Government or any appropriate 3 agency thereof or [The General State Authority] the Department 4 of General Services, or any municipality or county pursuant to 5 an agreement under section 6.1 of this act, shall be performed 6 under written contract let by the Department of [Forests and 7 Waters] Environmental Protection to the lowest responsible 8 bidder, after due advertising as provided by law and in 9 accordance with plans and specifications prepared by the 10 department. 11 Section 4. The act is amended by adding a section to read: 12 Section 6.1. The Department of Environmental Protection may 13 provide financial assistance to counties, municipalities and 14 municipal authorities for the purposes set forth in section 1 of 15 this act to the extent funds are appropriated by the General 16 Assembly for such purposes. Prior to providing any such 17 assistance, and as a condition thereto, the Department of 18 Environmental Protection shall have approved the plans and 19 specifications of the project, and the municipality, county or 20 authority shall have satisfied the terms and conditions of any 21 agreement entered into pursuant to section 6 of this act. 22 Awardees of the financial assistance described in this section 23 shall obtain all required Federal, State and local permits prior 24 to commencement of the project, and shall develop, implement and 25 maintain the project in accordance with all applicable laws. 26 Section 5. This act shall take effect immediately. B15L32JS/20080S1409B2063 - 6 -