SENATE AMENDED
PRIOR PRINTER'S NO. 2959
PRINTER'S NO. 3565
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2405
Session of
2022
INTRODUCED BY PICKETT, OWLETT, FRITZ, HAMM, ARMANINI, O'NEAL,
SMITH, HERSHEY, JAMES, RYAN, MILLARD, CAUSER, BROOKS, RAPP,
GROVE, DeLUCA, ROWE, KEEFER, MARSHALL, ZIMMERMAN AND STRUZZI,
APRIL 11, 2022
SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS
AMENDED, OCTOBER 18, 2022
AN ACT
Amending the act of November 26, 1978 (P.L.1375, No.325),
entitled "An act providing for the regulation and safety of
dams and reservoirs, water obstructions and encroachments;
consolidating and clarifying the programs of the Department
of Environmental Resources and Navigation Commission for the
Delaware River; establishing penalties and repealing certain
acts," further providing for definitions; providing for
county programs for removing obstructions and flood-related
hazards on streams; and making an editorial change.
PROVIDING FOR COUNTY CONSERVATION DISTRICT STREAM
RECONSTRUCTION EMERGENCY PERMIT AUTHORIZATIONS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "department" in section 3 of
the act of November 26, 1978 (P.L.1375, No.325), known as the
Dam Safety and Encroachments Act, is amended and the section is
amended by adding definitions to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
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meanings given to them in this section:
* * *
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth [of Pennsylvania].
"Drainage area." An area, measured by a horizontal plane and
enclosed by a topographical divide, from which direct surface
runoff from precipitation normally drains by gravity into a
stream above a specified point.
* * *
"Regional curve." A regression of the relations among
drainage areas, selected cross-sectional parameters and
streamflows.
* * *
Section 2. The act is amended by adding a section to read:
Section 17.1. County programs for removing obstructions and
flood- related hazards on streams.
(a) A county may develop a program to provide two regional
curves for the watershed to cover the entire county in
accordance with this section. The first regional curve shall be
for rural areas, and the second regional curve shall be for
portions of streams located in municipalities.
(b) A county, in consultation with the county conservation
district, shall submit a written notification to the department
that describes the program developed under subsection (a). The
written notification shall specify the utilization and oversight
of the regional curves for the purpose of stream maintenance
under the program in accordance with the regulations promulgated
under subsection (f). The written notification shall specify the
watercourses, water obstructions, appurtenant works and
encroachments that the county will maintain, inspect and monitor
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under the program. The county may not implement the program
unless the county conservation district is a signatory to the
written notification.
(c) After receiving the written notification under
subsection (b), the department shall conduct at least one annual
follow-up review of the county's program under subsection (a) to
determine the overall effectiveness of the program and the
county's compliance with the specifications of the written
notification and regulations promulgated under subsection (f).
(d) The department shall develop a training program for
county conservation districts, counties, municipal equipment
operators and contractors operating as agents of the counties
for conducting channel maintenance for the purpose of a program
developed under subsection (a). The training program shall
include all of the following:
(1) An overview of stream processes.
(2) An explanation of regional curves and the use of
regional curves in the processes.
(3) An overview of permits issued by the department and
utilized for conducting channel maintenance.
(4) A field exercise in laying out a project.
(5) A field exercise in the completion of a project.
(e) Upon completion of the training program under subsection
(d), a county conservation district may authorize emergency
permits to persons operating within a program developed under
subsection (a) in accordance with the written notification under
subsection (b).
(f) The Environmental Quality Board, in consultation with
the department and county conservation districts, shall
promulgate regulations for the removal of obstructions and
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flood-related hazards on streams by counties, municipal
equipment operators and contractors operating as agents of the
counties. In developing the regulations, the Environmental
Quality Board may consider existing county programs for the same
or similar purpose.
Section 3. This act shall take effect in 60 days.
SECTION 1. THE ACT OF NOVEMBER 26, 1978 (P.L.1375, NO.325),
KNOWN AS THE DAM SAFETY AND ENCROACHMENTS ACT, IS AMENDED BY
ADDING A SECTION TO READ:
SECTION 17.1. COUNTY CONSERVATION DISTRICT STREAM
RECONSTRUCTION EMERGENCY PERMIT AUTHORIZATIONS.
(A) A COUNTY CONSERVATION DISTRICT WITH AN APPROVED
DELEGATION AGREEMENT IN ACCORDANCE WITH SECTIONS 6 AND 17 AND
SECTIONS 9(11) AND 11(2) OF THE ACT OF MAY 15, 1945 (P.L.547,
NO.217), KNOWN AS THE "CONSERVATION DISTRICT LAW," TO ADMINISTER
CERTAIN ACTIVITIES UNDER 25 PA. CODE CH. 105 (RELATING TO DAM
SAFETY AND WATERWAY MANAGEMENT), MAY REQUEST AN AMENDMENT TO THE
APPROVED DELEGATION AGREEMENT FOR THE WATER OBSTRUCTION AND
ENCROACHMENT PROGRAM FROM THE DEPARTMENT FOR THE PURPOSES
SPECIFIED UNDER THIS SECTION.
(B) AS A COUNTY STREAM RECONSTRUCTION PROGRAM AUTHORIZED BY
THE DEPARTMENT UNDER THIS SUBSECTION, A COUNTY CONSERVATION
DISTRICT MAY PROPOSE METHODOLOGIES FOR STREAM RECONSTRUCTION
ACTIVITIES IN RESPONSE TO OR IN ANTICIPATION OF SIGNIFICANT
FLOOD EVENTS TO RESTORE THE NATURAL REGIMEN AND ECOLOGY OF
WATERCOURSES USING APPROPRIATE METHODOLOGIES THAT ARE BASED ON
CURRENT SCIENTIFIC PRINCIPLES AND PRACTICES AND ARE IN
ACCORDANCE WITH 25 PA. CODE CH. 105. THE DEPARTMENT SHALL REVIEW
A PROPOSED COUNTY STREAM RECONSTRUCTION PROGRAM UNDER THIS
SUBSECTION FOR CONFORMANCE WITH CURRENT SCIENTIFIC PRINCIPLES
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AND PRACTICES AND 25 PA. CODE CH. 105. THE DEPARTMENT SHALL
PROVIDE A RECORD OF DECISION ON THE PROPOSED COUNTY STREAM
RECONSTRUCTION PROGRAM TO THE COUNTY CONSERVATION DISTRICT,
INCLUDING A DETAILED TECHNICAL REVIEW OF THE PROPOSED COUNTY
STREAM RECONSTRUCTION PROGRAM.
(C) UPON APPROVAL OF THE COUNTY STREAM RECONSTRUCTION
PROGRAM UNDER SUBSECTION (B) BY THE DEPARTMENT, THE COUNTY
CONSERVATION DISTRICT MAY REQUEST AN AMENDMENT TO THE COUNTY
CONSERVATION DISTRICT'S APPROVED DELEGATION AGREEMENT FOR THE
WATER OBSTRUCTION AND ENCROACHMENT PROGRAM FROM THE DEPARTMENT
WHICH AUTHORIZES THE COUNTY CONSERVATION DISTRICT TO ISSUE
EMERGENCY PERMITS FOR STREAM RECONSTRUCTION. THE DEPARTMENT MAY
NOT UNREASONABLY WITHHOLD THE AUTHORIZATION OF THE AMENDMENT.
THE AUTHORITY DELEGATED UNDER THIS SUBSECTION FOR THE COUNTY
CONSERVATION DISTRICT TO ISSUE EMERGENCY PERMITS SHALL ONLY
INCLUDE EMERGENCY STREAM RECONSTRUCTION IN ACCORDANCE WITH THE
APPROVED COUNTY STREAM RECONSTRUCTION PROGRAM UNDER SUBSECTION
(B), INCLUDING ACTIVITIES WHICH MAY PREVENT A FLOODING EMERGENCY
EVENT IN THE FUTURE.
(D) THE COUNTY CONSERVATION DISTRICT MAY AUTHORIZE STREAM
RECONSTRUCTION ACTIVITIES UNDER AN EMERGENCY PERMIT IN
ACCORDANCE WITH THE APPROVED COUNTY STREAM RECONSTRUCTION
PROGRAM UNDER SUBSECTION (B) AND THE FINAL AMENDED AND APPROVED
DELEGATION AGREEMENT FOR THE WATER OBSTRUCTION AND ENCROACHMENT
PROGRAM FOR THE COUNTY.
(E) THE DEPARTMENT SHALL DEVELOP A STREAM RECONSTRUCTION
EMERGENCY PERMIT FORM FOR USE IN ACCORDANCE WITH THIS SECTION.
(F) THE DEPARTMENT SHALL RETAIN THE DUTY TO AUTHORIZE
EMERGENCY PERMITS FOR ALL OTHER WATERWAY OBSTRUCTION AND
ENCROACHMENT ACTIVITIES UNDER 25 PA. CODE CH. 105 WHERE
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CONDITIONS THREATEN PUBLIC SAFETY AND THE ENVIRONMENT.
(G) THE DEPARTMENT SHALL TRANSMIT A NOTICE OF EACH AMENDMENT
TO AN APPROVED DELEGATION AGREEMENT UNDER THIS SECTION TO THE
LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE PENNSYLVANIA
BULLETIN.
(H) NOTWITHSTANDING ANY PROVISION OF THE "CONSERVATION
DISTRICT LAW" OR 2 PA.C.S. CHS. 5 SUBCH. B (RELATING TO PRACTICE
AND PROCEDURE OF LOCAL AGENCIES) AND 7 SUBCH. B (RELATING TO
JUDICIAL REVIEW OF LOCAL AGENCY ACTION), KNOWN AS THE "LOCAL
AGENCY LAW," A PERSON AGGRIEVED BY AN ACTION OF A COUNTY
CONSERVATION DISTRICT UNDER AN APPROVED DELEGATION AGREEMENT
WHICH IS AMENDED UNDER THIS SECTION MAY APPEAL SUCH ACTION TO
THE DEPARTMENT WITHIN 30 DAYS AFTER NOTICE OF SUCH ACTION. A
PERSON AGGRIEVED BY AN ACTION OF THE DEPARTMENT REGARDING THE
INITIAL APPEAL UNDER THIS SUBSECTION MAY APPEAL SUCH ACTION TO
THE ENVIRONMENTAL HEARING BOARD IN ACCORDANCE WITH SECTION 24.
(I) WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS SECTION,
THE DEPARTMENT SHALL PROVIDE NOTICE TO EACH COUNTY CONSERVATION
DISTRICT OF THE AVAILABILITY OF A COUNTY STREAM RECONSTRUCTION
PROGRAM UNDER THIS SECTION.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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