PRINTER'S NO. 1997
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1360
Session of
2022
INTRODUCED BY DiSANTO, LAUGHLIN AND MENSCH, OCTOBER 24, 2022
REFERRED TO LOCAL GOVERNMENT, OCTOBER 24, 2022
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in municipal authorities, further
providing for purposes and powers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5607(d)(9) and (34) of Title 53 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 5607. Purposes and powers.
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(d) Powers.--Every authority may exercise all powers
necessary or convenient for the carrying out of the purposes set
forth in this section, including, but without limiting the
generality of the foregoing, the following rights and powers:
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(9) To fix, alter, charge and collect rates, including
the rates authorized under paragraph (34) against the
Commonwealth or a department, board, commission or
instrumentality of the Commonwealth, and other charges in the
area served by its facilities at reasonable and uniform rates
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to be determined exclusively by it for the purpose of
providing for the payment of the expenses of the authority,
the construction, improvement, repair, maintenance and
operation of its facilities and properties and, in the case
of an authority created for the purpose of making business
improvements or providing administrative services, a charge
for such services which is to be based on actual benefits and
which may be measured on, among other things, gross sales or
gross or net profits, the payment of the principal of and
interest on its obligations and to fulfill the terms and
provisions of any agreements made with the purchasers or
holders of any such obligations, or with a municipality and
to determine by itself exclusively the services and
improvements required to provide adequate, safe and
reasonable service, including extensions thereof, in the
areas served. If the service area includes more than one
municipality, the revenues from any project shall not be
expended directly or indirectly on any other project unless
such expenditures are made for the benefit of the entire
service area. Any person questioning the reasonableness or
uniformity of a rate fixed by an authority or the adequacy,
safety and reasonableness of the authority's services,
including extensions thereof, may bring suit against the
authority in the court of common pleas of the county where
the project is located or, if the project is located in more
than one county, in the court of common pleas of the county
where the principal office of the project is located. The
court of common pleas shall have exclusive jurisdiction to
determine questions involving rates or service. Except in
municipal corporations having a population density of 300
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persons or more per square mile, all owners of real property
in eighth class counties may decline in writing the services
of a solid waste authority. The owner of multiple residential
units that are served by a single water meter may
periodically request the authority to adjust the amount
billed by showing a minimum of five consecutive years of
actual usage data to determine if the amount billed exceeds
the actual usage by 30% or more. If the usage data shows that
an adjustment is needed, the authority shall appropriately
adjust the billing and use the adjusted amount going forward.
When calculating the new amount, the authority may include up
to 10% over the amount used. After an initial adjustment, the
owner may not request another adjustment for five years after
the adjustment is completed.
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(34) (i) In the case of an authority that performs
storm water planning, management and implementation, to
assess or impose reasonable and uniform rates [may be]
based in whole or in part on property characteristics,
which may include installation and maintenance of best
management practices approved and inspected by the
authority.
(ii) The reasonable and uniform rates may be
assessed or imposed on the Commonwealth or a department,
board, commission or instrumentality of the Commonwealth
for property owned by the Commonwealth or a department.
An authority may consider and provide appropriate
exemptions or credits for property with a permit under
section 402 of the Federal Water Pollution Control Act
(62 Stat. 1155, 33 U.S.C. § 1342), that is used or
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controlled by a department, board, commission or
instrumentality of the Commonwealth.
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Section 2. This act shall take effect in 60 days.
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