HB 961 — An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in dams, bar racks and migration devices, further providing for marking of dams.

PRINTER'S NO.   1038

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 961
                                                 Session of
                                                   2025

     INTRODUCED BY MIHALEK, FREEMAN, CURRY, BURGOS, JAMES, MARCELL,
        HADDOCK AND INGLIS, MARCH 19, 2025

     REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 19, 2025


                                      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) and (c)(2) of Title 30 of the
 7   Pennsylvania Consolidated Statutes are amended and the section
 8   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. The following shall apply:
13             (i)    Within three months of the discovery of a run-
14        of-the river dam not already inventoried by the
15        department, the department shall notify the permittees
16        and owners of the dam of the requirements of this section
17        in writing.
18             (ii)    Within six months of the effective date of this
19        paragraph, the department shall notify the permittees and
20        owners of each of the run-of-the-river dam of the
21        requirements of this section in writing.
22             (iii)    Within six months of receiving notification of
23        the requirements of this section from the department, the
24        permittees and owners of run-of-the-river dams shall
25        comply with the requirements of this section to mark the
26        areas above and below the dams and on the banks
27        immediately adjacent to the dams during the time periods
28        of the year required by the commission with signs and
29        buoys of a design and content determined by the
30        commission to warn the swimming, fishing and boating

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 1            public of the hazards posed by the dam.
 2            (2)   If the permittee or owner of a run-of-the-river dam
 3      disagrees [with the determination of the department,] that
 4      the dam meets the definition of "run-of-the-river dam," the
 5      permittee or owner [shall file written notice with the
 6      Environmental Hearing Board] may appeal the action to the
 7      Environmental Hearing Board under section 4 of the act of
 8      July 13, 1988 (P.L.530, No.94), known as the Environmental
 9      Hearing Board Act, and 2 Pa.C.S. Ch. 5 (relating to practice
10      and procedure) within 30 days of receiving the determination.
11      The Environmental Hearing Board shall reach a decision as
12      soon as practicable. If the decision of the board upholds the
13      determination of the department, the permittee or owner
14      filing [such] the notice shall have six months to comply with
15      this section following the decision.
16      (b.1)    Public information.--Within one year of the effective
17   date of this subsection, the following information shall be
18   published on the department's publicly accessible Internet
19   website:
20            (1)   The list compiled and maintained by the department
21      under subsection (b).
22            (2)   A map of this Commonwealth, developed by the
23      department, that shows the locations of all run-of-the-river
24      dams known to the department within this Commonwealth.
25      (c)     Maintenance of signs and buoys.--
26            * * *
27            (2)   When a permittee or owner learns that signs or buoys
28      installed under this section have been removed or defaced by
29      an act of God or the acts or omissions of third parties other
30      than the permittee or owner or [his] the permittee's or

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 1    owner's agent, [he] the permittee or owner shall repair or
 2    replace the signs or buoys within 30 days unless river
 3    conditions during that time make such repair or replacement
 4    dangerous to undertake or impracticable to effect, in which
 5    case the permittee or owner shall repair or replace the signs
 6    or buoys as soon as is reasonably practicable. If a permittee
 7    or owner or [his] the permittee's or owner's agent removes
 8    any signs or buoys, [he] the permittee or owner shall have
 9    five days thereafter to repair or replace the signs or buoys.
10    * * *
11    Section 2.    This act shall take effect in 60 days.




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