PRINTER'S NO. 1217
No. 1042 Session of 2003
INTRODUCED BY NICKOL, CRAHALLA, HARPER, HERSHEY, HORSEY,
LAUGHLIN, MACKERETH, McILHINNEY, MELIO, R. MILLER, S. MILLER,
ROSS, RUBLEY, SAYLOR, B. SMITH, E. Z. TAYLOR, THOMAS AND
VANCE, APRIL 2, 2003
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 2, 2003
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania
2 Consolidated Statutes, providing for moratorium on water
3 connections.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 35 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 7321. Moratorium on water connections.
9 (a) Suspension of new connections.--
10 (1) During any drought or water shortage emergency, a
11 community water system located within the area covered by the
12 Governor's proclamation or executive order may make
13 application to the agency for the authority to suspend or
14 refuse any new connections to the community water system.
15 (2) An application under paragraph (1) shall include:
16 (i) A copy of any local water rationing plan, if
17 available.
1 (ii) Information concerning the severity of the
2 water shortage.
3 (iii) Any other information requested by the agency.
4 (3) Unless the agency finds that new connections for
5 water service would not adversely impact the water shortage,
6 an application submitted by a community water system under
7 paragraph (1) shall be approved.
8 (4) Upon approval by the agency of the application
9 submitted under paragraph (1), the community water system
10 shall suspend or refuse any new connections for water service
11 until the termination or expiration of the drought or water
12 shortage emergency.
13 (b) Definitions.--As used in this section, the following
14 words and phrases shall have the meanings given to them in this
15 subsection:
16 "Community water system." As that term is defined in section
17 3 of the act of May 1, 1984 (P.L.206, No.43), known as the
18 Pennsylvania Safe Drinking Water Act.
19 "Drought or water shortage emergency." A condition that
20 exists in an area of this Commonwealth whenever the Governor
21 declares by proclamation or executive order that a drought or
22 water shortage has resulted in a disaster emergency or a local
23 emergency.
24 "New connections." Any connections or pending connections to
25 a community water system which had not been approved by the
26 community water system prior to the submission of an application
27 under subsection (a)(1), including connections or pending
28 connections to the community water system operated by a
29 municipal corporation beyond its corporate limits.
30 Section 2. All acts and parts of acts are repealed insofar
20030H1042B1217 - 2 -
1 as they are inconsistent with this act.
2 Section 3. This act shall take effect in 60 days.
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