Regular Session 2023-2024 House Bill 2209 P.N. 2931

PRINTER'S NO. 2931

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2209

Session of

2024

INTRODUCED BY MIHALEK, KUTZ, M. MACKENZIE, MARCELL, MAJOR AND

GILLEN, APRIL 15, 2024

REFERRED TO COMMITTEE ON GAME AND FISHERIES, APRIL 15, 2024

AN ACT

Amending Title 30 (Fish) of the Pennsylvania Consolidated

Statutes, in dams, bar racks and migration devices, further

providing for marking of dams.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3510(b), (c)(2) and (i) of Title 30 of

the Pennsylvania Consolidated Statutes are amended and the

section is amended by adding a subsection to read:

§ 3510. Marking of dams.

* * *

(b) Existing dams.--

[(1) The department shall compile and maintain a current

list of existing dams on the waters of this Commonwealth that

the department determines to be run-of-the-river type dams.

Within three months of the effective date of this section,

the department shall notify the permittees and owners of

those run-of-the-river dams of the requirements of this

section by certified letter. Within six months of receiving

notification of the requirements of this section from the

department, the permittees and owners of run-of-the-river

dams shall comply with the requirements of this section to

mark the areas above and below their dams and on the banks

immediately adjacent to their dams during the time periods of

the year required by the commission with signs and buoys of a

design and content determined by the commission to warn the

swimming, fishing and boating public of the hazards posed by

the dam.]

(1.1) The department shall compile and maintain a list

of existing dams on the waters of this Commonwealth that are

run-of-the-river dams. Within three months of the effective

date of this paragraph, the department shall notify the

permittees and owners of all run-of-the-river dams of the

requirements of this section by certified letter. Within six

months of receiving notification of the requirements of this

section from the department, the permittees and owners of

run-of-the-river dams shall comply with the requirements of

this section to mark the areas above and below the dams and

on the banks immediately adjacent to the dams during the time

periods of the year required by the commission with signs and

buoys of a design and content determined by the commission to

warn the swimming, fishing and boating public of the hazards

posed by the dam.

(2) If the permittee or owner of a run-of-the-river dam

disagrees [with the determination of the department] that the

dam meets the definition of "run-of-the-river dam" under

subsection (i), the permittee or owner shall file written

notice with the Environmental Hearing Board within 30 days of

receiving [the determination] notification. The Environmental

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Hearing Board shall reach a decision as soon as practicable.

If the [decision of the board upholds the determination of

the department,] Environmental Hearing Board decides that the

dam meets the definition of "run-of-the-river dam," the

permittee or owner filing [such] the notice shall have six

months to comply with this section following the decision.

(b.1) Public information.--The following information shall

be published on the department's publicly accessible Internet

website:

(1) The list compiled and maintained by the department

under subsection (b).

(2) A map of the Commonwealth, developed by the

department, that shows the locations of all run-of-the-river

dams within this Commonwealth.

* * *

(2) When a permittee or owner learns that signs or buoys

installed under this section have been removed or defaced by

an act of God or the acts or omissions of third parties other

than the permittee or owner or [his] the permittee's or

owner's agent, [he] the permittee or owner shall repair or

replace the signs or buoys within 30 days unless river

conditions during that time make such repair or replacement

dangerous to undertake or impracticable to effect, in which

case the permittee or owner shall repair or replace the signs

or buoys as soon as is reasonably practicable. If a permittee

or owner or [his] the permittee's or owner's agent removes

any signs or buoys, [he] the permittee or owner shall have

five days thereafter to repair or replace the signs or buoys.

* * *

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(i) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Department." The Department of Environmental Protection of

the Commonwealth.

"Owner." The person who owns a run-of-the-river dam

regulated by the Department of Environmental Protection pursuant

to the act of November 26, 1978 (P.L.1375, No.325), known as the

Dam Safety and Encroachments Act.

"Permit." A permit issued by the Department of Environmental

Protection pursuant to the act of November 26, 1978 (P.L.1375,

No.325), known as the Dam Safety and Encroachments Act.

"Permittee." The person who has been issued a permit by the

Department of Environmental Protection to maintain a run-of-the-

river dam.

"Run-of-the-river dam." A manmade structure [which:

(1) is a dam regulated by the Department of

Environmental Protection pursuant to the act of November 26,

1978 (P.L.1375, No.325), known as the Dam Safety and

Encroachments Act;

(2) is built across a watercourse and certain flows pass

over the entire dam structure, excluding abutments, to a

natural channel downstream; and

(3) the department determines to have] that has

hydraulic characteristics such that at certain flows persons

may be caught in the hydraulic roller or boil immediately

below the dam.

Section 2. This act shall take effect in 60 days.

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