CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 2931 PRINTER'S NO. 3516
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2209
Session of
2024
INTRODUCED BY MIHALEK, KUTZ, M. MACKENZIE, MARCELL, MAJOR,
GILLEN AND BRENNAN, APRIL 15, 2024
REFERRED TO COMMITTEE ON GAME AND FISHERIES, APRIL 15, 2024
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, in dams, bar racks and migration devices, further
3 providing for marking of dams.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3510(b), (c)(2) and (i) of Title 30 of
7 the Pennsylvania Consolidated Statutes are amended and the
8 section is amended by adding a subsection to read:
9 § 3510. Marking of dams.
10 * * *
11 (b) Existing dams.--
12 [(1) The department shall compile and maintain a current
13 list of existing dams on the waters of this Commonwealth that
14 the department determines to be run-of-the-river type dams.
15 Within three months of the effective date of this section,
16 the department shall notify the permittees and owners of
17 those run-of-the-river dams of the requirements of this
18 section by certified letter. Within six months of receiving
1 notification of the requirements of this section from the
2 department, the permittees and owners of run-of-the-river
3 dams shall comply with the requirements of this section to
4 mark the areas above and below their dams and on the banks
5 immediately adjacent to their dams during the time periods of
6 the year required by the commission with signs and buoys of a
7 design and content determined by the commission to warn the
8 swimming, fishing and boating public of the hazards posed by
9 the dam.]
10 (1.1) The department shall compile and maintain a list ◄
11 of existing dams on the waters of this Commonwealth that are ◄
12 run-of-the-river dams. Within three months of the effective ◄
13 date of this paragraph, the department shall notify the ◄
14 permittees and owners of all run-of-the-river dams of the ◄
15 requirements of this section by certified letter. Within six ◄
16 months of receiving notification of the requirements of this ◄
17 section from the department, the permittees and owners of ◄
18 run-of-the-river dams shall comply with the requirements of ◄
19 this section to mark the areas above and below the dams and ◄
20 on the banks immediately adjacent to the dams during the time ◄
21 periods of the year required by the commission with signs and ◄
22 buoys of a design and content determined by the commission to ◄
23 warn the swimming, fishing and boating public of the hazards ◄
24 posed by the dam. ◄
25 (2) If the permittee or owner of a run-of-the-river dam
26 disagrees [with the determination of the department] that the
27 dam meets the definition of "run-of-the-river dam" under
28 subsection (i), the permittee or owner shall file written
29 notice with the Environmental Hearing Board within 30 days of
30 receiving [the determination] notification. The Environmental
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1 Hearing Board shall reach a decision as soon as practicable.
2 If the [decision of the board upholds the determination of
3 the department,] Environmental Hearing Board decides that the
4 dam meets the definition of "run-of-the-river dam," the
5 permittee or owner filing [such] the notice shall have six
6 months to comply with this section following the decision.
7 (b.1) Public information.--The following information shall
8 be published on the department's publicly accessible Internet
9 website:
10 (1) The list compiled and maintained by the department
11 under subsection (b).
12 (2) A map of the Commonwealth, developed by the
13 department, that shows the locations of all run-of-the-river
14 dams within this Commonwealth.
15 (c) Maintenance of signs and buoys.--
16 * * *
17 (2) When a permittee or owner learns that signs or buoys
18 installed under this section have been removed or defaced by
19 an act of God or the acts or omissions of third parties other
20 than the permittee or owner or [his] the permittee's or
21 owner's agent, [he] the permittee or owner shall repair or
22 replace the signs or buoys within 30 days unless river
23 conditions during that time make such repair or replacement
24 dangerous to undertake or impracticable to effect, in which
25 case the permittee or owner shall repair or replace the signs
26 or buoys as soon as is reasonably practicable. If a permittee
27 or owner or [his] the permittee's or owner's agent removes
28 any signs or buoys, [he] the permittee or owner shall have
29 five days thereafter to repair or replace the signs or buoys.
30 * * *
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1 (i) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "Department." The Department of Environmental Protection of
5 the Commonwealth.
6 "Owner." The person who owns a run-of-the-river dam
7 regulated by the Department of Environmental Protection pursuant
8 to the act of November 26, 1978 (P.L.1375, No.325), known as the
9 Dam Safety and Encroachments Act.
10 "Permit." A permit issued by the Department of Environmental
11 Protection pursuant to the act of November 26, 1978 (P.L.1375,
12 No.325), known as the Dam Safety and Encroachments Act.
13 "Permittee." The person who has been issued a permit by the
14 Department of Environmental Protection to maintain a run-of-the-
15 river dam.
16 "Run-of-the-river dam." A manmade structure [which:
17 (1) is a dam regulated by the Department of
18 Environmental Protection pursuant to the act of November 26,
19 1978 (P.L.1375, No.325), known as the Dam Safety and
20 Encroachments Act;
21 (2) is built across a watercourse and certain flows pass
22 over the entire dam structure, excluding abutments, to a
23 natural channel downstream; and
24 (3) the department determines to have] that has
25 hydraulic characteristics such that at certain flows persons
26 may be caught in the hydraulic roller or boil immediately
27 below the dam.
28 Section 2. This act shall take effect in 60 days.
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Statutes/Laws affected: Printer's No. 2931: 30-3510(b), 30-2)
Printer's No. 3516: 30-3510(b), 30-2)