House Co-Sponsorship Memoranda

House of Representatives
Session of 2013 - 2014 Regular Session

Posted:	September 23, 2013 02:53 PM
From:	Representative Ron Miller
To:	All House members
Subject:	Dam Safety and Encorachments Act

At present, the Department of Environmental Protection has the statutory authority to require an owner of a dam which presents a substantial potential risk to life or property to purchase a bond in order to require proof of financial responsibility. However, this requirement has also been applied to owners of dams which pose a much lower hazard potential, such as those on farm ponds, consequently placing an unnecessary financial burden on those owners. To eliminate this unnecessary burden, in the near future I will be introducing legislation to amend the Dam Safety and Encroachments Act, to define which dams may be required to provide proof of financial responsibility. Senator Michael Waugh has introduced similar legislation (SB 988). This bill will define two categories of dams: category one dams, which pose a substantial potential risk to life or property, and category two dams, which pose only an appreciable risk. Only owners of category one dams will be required to prove financial responsibility. In addition, the bill provides that the Commonwealth may seek reimbursement from any dam owner if the owner fails to properly construct, maintain, operate or remove any dam subject to the act. Please join me in eliminating this unnecessary burden placed on many residents of the Commonwealth.
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Introduced as HB1966