THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PILEGGI, ALLOWAY, EICHELBERGER, ERICKSON, ORIE, FONTANA, YAW, SOLOBAY, WAUGH, RAFFERTY, SMUCKER, FOLMER, EARLL, PIPPY, MENSCH AND BROWNE, FEBRUARY 4, 2011

AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, JUNE 12, 2012   

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in municipal authorities, further

providing for administration and for money.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5612 of Title 53 of the Pennsylvania

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Consolidated Statutes is amended by adding a subsection to read:

Section 1.  Section 5610(a) introductory paragraph of Title

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53 of the Pennsylvania Consolidated Statutes is amended and the

section is amended by adding subsections to read:

§ 5610.  Governing body.

(a)  Board.--[The] Except as set forth in subsection (a.1),

the powers of each authority shall be exercised by a board

composed as follows:

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(a.1)  Water authorities and sewer authorities.--If a water

or sewer authority incorporated by one municipality provides

water or sewer services to residents in at least two counties

and has water or sewer projects in more than two counties where

the combined population of the served municipalities, excluding

the incorporating municipality, is at least five times the

population of the incorporating municipality, all of the

following apply:

(1)  Ninety days after the effective date of this

subsection, the governing body in existence on the effective

date of this subsection shall be replaced by a governing body

comprised of the following:

(i)  Three members appointed by the governing body

from each county in which the services to residents are

provided. A member under this subparagraph must reside in

a town, township or borough, which receives services from

the authority.

(ii)  Three members appointed by the governing body

of the incorporating municipality.

(2)  A member serving under paragraph (1) shall serve for

a term of five years.

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(g)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Water or sewer authority."  An authority incorporated by a

city of the third class, a borough, a town or a township to

provide water or sewer services.

"Water or sewer project."  Any pumping station, filtering

plant, impoundment facility, dam, spillway or reservoir.

Section 1.1.  Section 5612 of Title 53 is amended by adding a

subsection to read:

§ 5612.  Money of authority.

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(a.1)  Prohibition.--

(1)  Money of the authority may not be used for any

grant, loan or other expenditure for any purpose other than a

service or project directly related to the mission or purpose

of the authority as set forth in the articles of

incorporation or in the resolution or ordinance establishing

the authority under section 5603 (relating to method of

incorporation).

(2)  A ratepayer to an authority shall have a cause of

action in the court of common pleas where the authority is

located to seek the return of money expended in violation of

paragraph (1) from the recipient.

(3)  Paragraph (1) shall not apply to the following:

(i)  A monetary contribution to a nonprofit community

organization or activity that does not exceed $1,000.

(ii)  An in-kind service, including the provision of

water or other resources to a nonprofit community

organization or activity, the value of which does not

exceed $1,000.

(iii)  An agreement for the joint purchase and use of

equipment.

(iv)  An agreement for the sharing of equipment

during emergency situations.

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Section 2.  This act shall take effect in 60 days.