PRINTER'S NO. 2213
No. 1679 Session of 2007
INTRODUCED BY MUSTIO, J. EVANS, FREEMAN, KILLION, MOUL, MOYER,
RAPP, READSHAW, SWANGER AND YOUNGBLOOD, JULY 3, 2007
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JULY 3, 2007
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, further providing for purposes and
3 powers of municipal authorities.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5607(d)(9) of Title 53 of the
7 Pennsylvania Consolidated Statutes is amended and the subsection
8 is amended by adding a paragraph to read:
9 § 5607. Purposes and powers.
10 * * *
11 (d) Powers.--Every authority may exercise all powers
12 necessary or convenient for the carrying out of the purposes set
13 forth in this section, including, but without limiting the
14 generality of the foregoing, the following rights and powers:
15 * * *
16 (9) [To] Except as provided in paragraph (9.1), to fix,
17 alter, charge and collect rates and other charges in the area
18 served by its facilities at reasonable and uniform rates to
1 be determined exclusively by it for the purpose of providing
2 for the payment of the expenses of the authority, the
3 construction, improvement, repair, maintenance and operation
4 of its facilities and properties and, in the case of an
5 authority created for the purpose of making business
6 improvements or providing administrative services, a charge
7 for such services which is to be based on actual benefits and
8 which may be measured on, among other things, gross sales or
9 gross or net profits, the payment of the principal of and
10 interest on its obligations and to fulfill the terms and
11 provisions of any agreements made with the purchasers or
12 holders of any such obligations, or with a municipality and
13 to determine by itself exclusively the services and
14 improvements required to provide adequate, safe and
15 reasonable service, including extensions thereof, in the
16 areas served. If the service area includes more than one
17 municipality, the revenues from any project shall not be
18 expended directly or indirectly on any other project unless
19 such expenditures are made for the benefit of the entire
20 service area. Any person questioning the reasonableness or
21 uniformity of a rate fixed by an authority or the adequacy,
22 safety and reasonableness of the authority's services,
23 including extensions thereof, may bring suit against the
24 authority in the court of common pleas of the county where
25 the project is located or, if the project is located in more
26 than one county, in the court of common pleas of the county
27 where the principal office of the project is located. The
28 court of common pleas shall have exclusive jurisdiction to
29 determine questions involving rates or service. Except in
30 municipal corporations having a population density of 300
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1 persons or more per square mile, all owners of real property
2 in eighth class counties may decline in writing the services
3 of a solid waste authority.
4 (9.1) The concession fees, which shall include access
5 fees or any similar fee, assessed by an airport authority on
6 operators in the business of conducting the operation of an
7 off-airport parking facility for access to airport facilities
8 including access to a commercial curb at an airport shall not
9 exceed 4% of the gross sales of operators from off-airport
10 parking operations. An airport authority which assesses a
11 concession fee on operators in the business of conducting the
12 operation of an off-airport parking facility shall be
13 prohibited from levying any additional fees on the operators
14 under this paragraph after the effective date of this
15 paragraph.
16 * * *
17 Section 2. This act shall take effect in 60 days.
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