H1712B2580A05669 DMS:EJH 01/26/16 #90 A05669
AMENDMENTS TO HOUSE BILL NO. 1712
Sponsor: REPRESENTATIVE R. BROWN
Printer's No. 2580
Amend Bill, page 1, by inserting between lines 11 and 12
"Common interest community." Includes a cooperative,
condominium and planned community where an individual by virtue
of ownership interest in any portion of real estate is or may
become obligated by covenant, easement or agreement imposed upon
the owner's interest to pay any amount for real property taxes,
insurance, maintenance, repair, improvement, management,
administration or regulation of any part of the real estate
other than the portion or interest owned solely by the
individual.
Amend Bill, page 1, line 15, by inserting after
"communities)"
or common interest community
Amend Bill, page 2, line 2, by striking out "maintenance of
and repairs to" and inserting
the maintenance, repair, rehabilitation, or permanent breach
of
Amend Bill, page 2, line 3, by inserting after "includes"
construction activities,
Amend Bill, page 2, lines 7 through 9, by striking out "or
community association that owns a" in line 7 and all of lines 8
and 9 and inserting
who owns, controls, operates, maintains or manages a
regulated private dam in this Commonwealth.
Amend Bill, page 2, line 11, by striking out "or
corporation." and inserting
, community association or corporation. The term does not
include an agency of the Federal, State, county or municipal
government or an interstate government.
2016/90DMS/HB1712A05669 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Amend Bill, page 2, by inserting between lines 13 and 14
"Regulated private dam." A privately owned dam subject to
the requirements of section 11 of the act of November 26, 1978
(P.L.1375, No.325), known as the Dam Safety and Encroachments
Act.
Amend Bill, page 2, lines 18 and 19, by striking out "for
owners to assist in meeting any financial obligations under" and
inserting
assistance to owners of regulated private dams to meet any
proof of financial responsibility requirements promulgated
pursuant to section 11 of
Amend Bill, page 2, lines 23 through 25, by striking out "all
financial obligations for" in line 23 and all of lines 24 and 25
and inserting
proof of financial responsibility requirements promulgated
pursuant to section 11 of the Dam Safety and Encroachments Act
for the owner's dam.
Amend Bill, page 2, line 26, by inserting after "assurance"
assistance
Amend Bill, page 2, lines 27 through 30; page 3, lines 1
through 9; by striking out "owners. To participate in the" in
line 27, all of lines 28 through 30 on page 2 and all of lines 1
through 9 on page 3 and inserting
an owner provided that the owner:
(1) Demonstrates compliance with the Dam Safety and
Encroachments Act and the regulations promulgated under that
act, as determined by the Department of Environmental
Protection, including annual inspection reporting, payment of
registration fees and compliance with an approved emergency
action plan.
(2) Pays a one-time program enrollment fee of $1,000 per
dam to the fund.
(3) Pays an annual fee to the fund in an amount equal to
1% of the bond amount required by the Department of
Environmental Protection under proof of financial
responsibility requirements promulgated pursuant to section
11 of the Dam Safety and Encroachments Act.
Amend Bill, page 3, line 10, by striking out "Application"
2016/90DMS/HB1712A05669 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
and inserting
Program application
Amend Bill, page 3, line 11, by striking out "shall submit
an" and inserting
must submit a complete program
Amend Bill, page 3, line 11, by inserting after "department."
The department shall develop the application form in
consultation with the Department of Environmental Protection.
The department will consult with the Department of Environmental
Protection to determine owner eligibility under this act.
Amend Bill, page 3, line 15, by inserting after "for"
private dam
Amend Bill, page 3, lines 16 and 17, by striking out "for
eligible costs for repairs and maintenance to dams"
Amend Bill, page 3, line 18, by inserting after "department"
, in consultation with the Department of Environmental
Protection,
Amend Bill, page 3, line 22, by inserting after "amount"
under the program
Amend Bill, page 3, line 24, by striking out "Application"
and inserting
Loan application
Amend Bill, page 3, line 25, by striking out "an" and
inserting
a complete loan
Amend Bill, page 3, line 25, by inserting after "The "
loan
Amend Bill, page 3, line 25, by inserting after "application"
where it occurs the second time
form
Amend Bill, page 3, lines 25 and 26, by striking out "on a
form"
2016/90DMS/HB1712A05669 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Amend Bill, page 3, line 26, by inserting after "department"
. The loan application form shall be developed, in
consultation with the Department of Environmental Protection,
Amend Bill, page 4, line 2, by inserting after "department"
or Department of Environmental Protection
Amend Bill, page 4, line 5, by striking out "Interest" where
it occurs the second time and inserting
Loan interest
Amend Bill, page 4, line 5, by inserting after "fixed"
at an interest rate in effect
Amend Bill, page 4, line 7, by striking out "application is
made" and inserting
loan is awarded
Amend Bill, page 4, line 10, by inserting after "department"
, in consultation with the Department of Environmental
Protection,
Amend Bill, page 4, line 14, by inserting after "department"
, in consultation with the Department of Environmental
Protection,
Amend Bill, page 4, line 25, by striking out the period after
"act" and inserting
, and to the Department of Environmental Protection for costs
associated with the entry, correction, repair, operation,
maintenance, inspection, monitoring or removal of a dam as
necessary in response to:
(1) the failure of an owner enrolled in the program to
comply with the act of November 26, 1978 (P.L.1375, No.325),
known as the Dam Safety and Encroachments Act, or any
regulation, permit or order issued under that act, where the
failure of the owner to comply creates an unsafe condition
under the Dam Safety and Encroachments Act and the
regulations thereunder; or
(2) abandonment of the dam by an owner enrolled in the
program.
(b) Fund balance and loan program.--At any time that the
fund has a balance equal to or greater than $1,500,000 and the
Department of Environmental Protection has not identified the
need for an amount in excess of $1,500,000 to correct the
failure of owners to comply with the Dam Safety and
2016/90DMS/HB1712A05669 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Encroachments Act, the department may begin accepting and
approving owner loan applications for eligible costs so long as
a balance of at least $1,000,000 remains in the fund.
Amend Bill, page 4, line 26, by striking out "(b)" and
inserting
(c)
2016/90DMS/HB1712A05669 - 5 -
1
2
3
4
5
6
See A05669 in
the context
of HB1712