PRINTER'S NO. 2959
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 AND KEEFER, APRIL 11, 2022
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 11, 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.
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
meanings given to them in this section:
* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
"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
under the program. The county may not implement the program
unless the county conservation district is a signatory to the
20220HB2405PN2959 - 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
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
flood-related hazards on streams by counties, municipal
equipment operators and contractors operating as agents of the
20220HB2405PN2959 - 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
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.
20220HB2405PN2959 - 4 -
1
2
3
4