SB 403 — An Act amending the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act, providing for issuance of and conditions for continuous maintenance permits.

PRINTER'S NO.   382

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 403
                                               Session of
                                                 2025

     INTRODUCED BY YAW, ROTHMAN, HUTCHINSON, LAUGHLIN, VOGEL AND
        STEFANO, MARCH 17, 2025

     REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 17, 2025


                                    AN ACT
 1   Amending the act of November 26, 1978 (P.L.1375, No.325),
 2      entitled "An act providing for the regulation and safety of
 3      dams and reservoirs, water obstructions and encroachments;
 4      consolidating and clarifying the programs of the Department
 5      of Environmental Resources and Navigation Commission for the
 6      Delaware River; establishing penalties and repealing certain
 7      acts," providing for issuance of and conditions for
 8      continuous maintenance permits.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    The act of November 26, 1978 (P.L.1375, No.325),
12   known as the Dam Safety and Encroachments Act, is amended by
13   adding a section to read:
14   Section 9.1.    Issuance of and conditions for continuous
15                maintenance permits.
16      (a)    The department shall develop a continuous maintenance
17   permit for which the Department of Transportation or a
18   municipality may apply. The permit shall allow permittees to
19   maintain, inspect and monitor watercourses, water obstructions,
20   appurtenant works and encroachments as specified within the
21   permit.
 1      (b)    The department shall approve an application for a permit
 2   to an applicant under this section if the applicant meets all of
 3   the following criteria:
 4             (1)   The applicant is without a sustained history of
 5      significant permit violations under this act.
 6             (2)   The applicant takes an affirmative duty over the
 7      watercourses, water obstructions, appurtenant works and
 8      encroachments delineated in the permit application.
 9      (c)    Submission of a watercourse alone within the application
10   shall be interpreted as submitting the publicly owned water
11   obstructions, appurtenant works or encroachments within and
12   alongside the watercourse unless otherwise specified within the
13   permit.
14      (d)    A permittee may amend the permit through the addition of
15   watercourses, water obstructions, appurtenant works or
16   encroachments for which a duty to maintain, inspect and monitor
17   shall apply with the approval of the department. The department
18   shall approve a request to remove watercourses, water
19   obstructions, appurtenant works or encroachments from the permit
20   when a written order to do so is provided by the permittee.
21      (e)    A permittee may not be required to seek preapproval or
22   further authorization from the department for maintenance
23   conducted under the permit.
24      (f)    The permit shall provide for the maintenance, inspection
25   and monitoring of watercourses, water obstructions, appurtenant
26   works and encroachments in a manner consistent with previously
27   prepared applicable plans, specifications, reports and designs
28   for the operation of any category of watercourses, water
29   obstructions, appurtenant works or encroachments prepared,
30   signed and certified by a registered professional engineer and

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 1   affixed with the seal of a registered professional engineer.
 2      (g)    A permittee shall provide to the department, by January
 3   15 of each year, a compilation of the maintenance projects
 4   undertaken between January 1 and December 31 of the previous
 5   year that were permitted under this section. The compilation
 6   shall delineate the persons, equipment operators and contractors
 7   operating as agents of the permittee who maintained, inspected
 8   and monitored watercourses, water obstructions, appurtenant
 9   works and encroachments.
10      (h)    A permit granted under this section by the department to
11   a permittee shall be in effect for no less than 10 years.
12      (i)    The department shall extend a permit under this section
13   to a permittee for 10 years following 10 years of operation
14   under this section without a permit violation. A permit
15   violation shall be found to have occurred when the permittee
16   failed to address an alleged violation in the manner prescribed
17   by the department within one year of receipt of the notice of an
18   alleged permit violation.
19      (j)    A permit violation shall not be found to have occurred
20   when a permittee removes or manipulates obstructions or debris
21   within or along a watercourse in a manner that enables water
22   obstructions, appurtenant works or encroachments specified
23   within the permit to operate consistent with applicable plans,
24   specifications, reports and designs previously prepared by a
25   registered professional engineer.
26      (k)    The permittee shall accept an affirmative duty to
27   maintain, inspect and monitor watercourses, water obstructions,
28   appurtenant works and encroachments as specified within the
29   permit.
30      (l)    As used in this section, the term "municipality" means a

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1   county, city, town, borough, township or school district in this
2   Commonwealth.
3      Section 2.   This act shall take effect in 60 days.




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