Pennsylvania Act 1984-222 — CHAIN DAM HYDROELECTRIC FACILITY LEASING ACT

Act text

CHAIN DAM HYDROELECTRIC FACILITY LEASING ACT
                 Act of Dec. 19, 1984, P.L. 1138, No. 222             Cl. 32
                                  AN ACT

     Establishing the authority of the Department of Environmental
        Resources to lease the State-owned facility, known as the
        Chain Dam, located in Palmer Township (near the City of
        Easton) in Northampton County on the Lehigh River.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Chain Dam
     Hydroelectric Facility Leasing Act.
     Section 2.  Declaration of policy.
        Because the Commonwealth currently is holding an exemption
     from the Federal Energy Regulatory Commission, which will expire
     before much broader legislation can be enacted, it is imperative
     that the Department of Environmental Resources be authorized to
     lease the hydroelectric facility located at Chain Dam on the
     Lehigh River.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Environmental Resources.
        "Hydroelectric facility."  The hydroelectric facility located
     at the Chain Dam, located in Northampton County on the Lehigh
     River.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in the def. of "department," was abolished by
            Act 18 of 1995. Its functions were transferred to the
            Department of Conservation and Natural Resources and the
            Department of Environmental Protection.
     Section 4.  Leasing of hydroelectric facilities by the
                    department.
        (a)  Authority of department.--The department shall have the
     power to grant to any person a hydroelectric franchise and any
     necessary right-of-way or lease for the construction, operation
     and maintenance of a hydroelectric facility utilizing the lands,
     water rights or facilities of the Commonwealth at Chain Dam,
     Lehigh River, Northampton County. Any such grant affecting lands
     or facilities of the City of Easton shall be subject to the
     agreement and approval of the City of Easton.
        (b)  Collections and deposit of charges, royalties, lease
     payments, etc.--All charges, royalties, lease payments and other
     revenues collected under the provisions of this section shall be
     paid into the State Treasury and shall be deposited in a
     restricted revenue account known as the Hydroelectric Resources
     Account. Funds deposited in this account shall be used solely
     for the planning, development, operation, maintenance, repair
     and restoration of the Chain Dam facility and the reacquisition
     of that facility following the expiration of the right granted
     for development and operation of that facility. The deposited
     funds are hereby appropriated for these purposes.
     Section 5.  Effective date.
        This act shall take effect immediately.