§ 1081 — Jurisdiction of Department

(a) Powers and duties. Unless otherwise provided, the powers and duties authorized by this chapter shall be exercised by the Department of Environmental Conservation. Nonfederal dams at which the generation of electric energy is subject to licensing jurisdiction under the Federal Power Act, 16 U.S.C. chapter 12, subchapter 1, and the dam structure is regulated separately from electric generation shall be under the jurisdiction of the Department, except to the extent of regulation at those facilities related solely to electric generation under the Federal Power Act.
(b) Transfer of jurisdiction. Jurisdiction over a federal dam is transferred to the Department when the license or exemption for a federal dam expires or is otherwise.
(c) Transfer of records. Upon transfer of jurisdiction of any dam from the Public Utility Commission to the Department, the Public Utility Commission shall transfer copies of all records pertaining to the subject dam, including record drawings, construction drawings, engineering investigations and analyses, photographs, inspection reports, design, permitting, and emergency action planning documents and any other files pertaining to the subject dam, to the Department in digital and hardcopy format acceptable to the Department within 30 days following the jurisdictional transfer. (Amended 1959, No. 203; 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 2; 2017, No. 161 (Adj. Sess.), § 1; 2021, No. 42, § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)