THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WOZNIAK, STOUT, FONTANA, KITCHEN, ALLOWAY, LOGAN, O'PAKE, STACK, COSTA AND WAUGH, FEBRUARY 19, 2009

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 19, 2009  

AN ACT

Amending the act of June 5, 1947 (P.L.422, No.195), entitled,

"An act authorizing the Department of Forests and Waters to

provide for stream clearance and stream channel

rectifications; to construct and maintain dams, reservoirs,

lakes and other works and improvements for impounding flood

waters, and conserving the water supply of the Commonwealth;

and for creating additional recreational areas; to acquire by

purchase, condemnation or otherwise, certain lands for such

purposes; to construct and maintain flood forecasting and

warning systems," further providing for the purposes of the

act and for the authority of the Department of Environmental

Protection; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title of the act of June 5, 1947 (P.L.422,

No.195), entitled, "An act authorizing the Department of Forests

and Waters to provide for stream clearance and stream channel

rectifications; to construct and maintain dams, reservoirs,

lakes and other works and improvements for impounding flood

waters, and conserving the water supply of the Commonwealth; and

for creating additional recreational areas; to acquire by

purchase, condemnation or otherwise, certain lands for such

purposes; to construct and maintain flood forecasting and

warning systems," is amended to read:

AN ACT

Authorizing the Department of [Forests and Waters] Environmental

Protection to provide for stream clearance and stream channel

rectifications; to construct and maintain dams, reservoirs,

lakes and other works and improvements for impounding flood

waters, and conserving the water supply of the Commonwealth;

and for creating additional recreational areas; to acquire by

purchase, condemnation or otherwise, certain lands for such

purposes; to construct and maintain flood forecasting and

warning systems[.]; to develop, implement and maintain

nonstructural flood protection measures and stream channel

environmental improvement projects; and to cooperate with

counties, municipalities and municipal authorities to

undertake all categories of work herein authorized for the

Department of Environmental Protection.

Section 2.  Sections 1, 2, 3, 4 and 5 of the act are amended

to read:

Section 1.  The Department of [Forests and Waters]

Environmental Protection is hereby authorized to dredge and

remove flood waste, deposits, flood water obstructions, gravel,

bars and debris from any river or stream or part thereof; to

restore or rectify flood damaged or destroyed stream channels,

wholly or partly within, or forming part of the boundary of this

Commonwealth[, except the tidal waters of the Delaware River and

of its navigable tributaries]; to construct and maintain dams,

lakes and other works and improvements, as in the judgment of

the department may be necessary to impound flood waters and

conserve the water supply of the Commonwealth; [and] to provide

additional recreational areas; [and] to construct and maintain

flood forecasting and warning systems[.]; to develop, implement

and maintain nonstructural flood protection and stream channel

environmental improvement projects and to cooperate with

counties, municipalities and municipal authorities that

undertake all categories of work herein authorized for the

department. Nonstructural flood protection projects shall mean

and include floodplain improvements such as acquisition of land

and structures, and demolition, removal, relocation, elevating

and floodproofing of structures and other facilities susceptible

to flood damage; and floodplain clearance and restoration.

Stream channel environmental improvements shall mean and include

installation and maintenance of vegetated stream banks and

riparian corridors, bioengineered projects for bank stability

and erosion control, and in-channel structures for habitat and

geomorphic stabilization of stream channel profile, pattern and

dimensions.

Section 2.  The Department of [Forests and Waters]

Environmental Protection is hereby authorized to make such

appropriate surveys and prepare such suitable plans as are

necessary for the execution of the above stated work.

Section 3.  The Department of [Forests and Waters]

Environmental Protection in the performance of the work

authorized under the provisions of this act may, with the

approval of the Governor, enter into contracts or agreements

with any person, corporation or municipality covering the lease

or purchase of [power, shovels, bulldozers and other] necessary

equipment for stream clearance and stream channel

rectifications, as well as covering the construction, repair and

maintenance of dams, reservoirs, lakes, the purchase and

installation of flood forecasting and warning systems, and other

works and improvements required to carry out the purposes of

this act.

Section 4.  The Department of [Forests and Waters]

Environmental Protection is hereby authorized, subject to the

approval of the Governor, to acquire by donation, agreement,

lease, purchase or condemnation, and to own or hold in the name

of the Commonwealth, real and personal property, rights, lands,

easements and rights-of-way necessary for the execution of the

work authorized by this act.

Section 5.  The [department] Department of Environmental

Protection shall have power to acquire any lands, easements,

rights-of-way, franchises and other property, deemed necessary

for the construction of any of its public works or improvements

provided for in this act, except for nonstructural flood

protection projects which shall only be acquired from a willing

seller, by condemnation proceedings, and shall have power to

enter upon, take possession of, and occupy such property deemed

necessary for such purposes. The proceedings for the

condemnation of property and for the assessment of damages shall

be in accordance with the provisions of the act, approved the

fifteenth day of July, one thousand nine hundred nineteen

(Pamphlet Laws 976), entitled "An act to authorize the Board of

Commissioners of Public Grounds and Buildings to acquire

property for the Commonwealth by proceedings in eminent domain,

where the purchase of such property has either been authorized

by law or determined by the Board of Commissioners of Public

Grounds and Buildings under existing laws, and an appropriation

made therefor," its amendments and supplements, except that the

department shall have the right to immediate possession of the

property upon paying into the court of common pleas of the

county wherein the property is situated, upon the department's

petition to such court for leave so to do, the value of the

property as determined by the department's appraisers: Provided,

however, That any property owner who believes the amount

tendered insufficient to fully compensate him may accept the

same under protest and without prejudice to his right to apply

for the appointment of a board of view to assess the damages

claimed. Upon application for the appointment of a board of view

the court of the proper county, or any law judge thereof in

vacation, shall appoint three discreet and disinterested free-

holders of the county as viewers. If the owner, lessee or

occupier of any of such property shall refuse to remove

therefrom, or give up possession thereof, the department may

proceed to obtain possession in the manner now provided by law.

Section 3.  Section 6 of the act, amended September 29, 1951

(P.L.1631, No.424), is amended to read:

Section 6.  The Department of [Forests and Waters]

Environmental Protection is hereby authorized to consult,

cooperate, negotiate, and with the approval of the Governor,

enter into contracts and other agreements with the Federal

Government, or any appropriate agency thereof. The [General

State Authority] Department of General Services, any State or

local agency, department, board, bureau, commission, or any

political subdivisions, municipality, county, authority,

corporation, association, person or persons, for cooperation and

assistance in planning, constructing, financing, maintaining and

operating, any works or facilities needed to carry out the

purposes of this act: Provided, That all work of any character

whatsoever performed under the authority of this act, except as

undertaken by its own forces, or other agencies of the

Commonwealth, [or of] the Federal Government or any appropriate

agency thereof or [The General State Authority] the Department

of General Services, or any municipality or county pursuant to

an agreement under section 6.1 of this act, shall be performed

under written contract let by the Department of [Forests and

Waters] Environmental Protection to the lowest responsible

bidder, after due advertising as provided by law and in

accordance with plans and specifications prepared by the

department.

Section 4.  The act is amended by adding a section to read:

Section 6.1.  The Department of Environmental Protection may

provide financial assistance to counties, municipalities and

municipal authorities for the purposes set forth in section 1 of

this act to the extent funds are appropriated by the General

Assembly for such purposes. Prior to providing any such

assistance, and as a condition thereto, the Department of

Environmental Protection shall have approved the plans and

specifications of the project, and the municipality, county or

authority shall have satisfied the terms and conditions of any

agreement entered into pursuant to section 6 of this act.

Awardees of the financial assistance described in this section

shall obtain all required Federal, State and local permits prior

to commencement of the project, and shall develop, implement and

maintain the project in accordance with all applicable laws.

Section 5.  This act shall take effect immediately.