AN ACT

 

1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, in municipal authorities, further
3providing for purposes and powers.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 5607(d)(9) of Title 53 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 5607. Purposes and powers.

9* * *

10(d) Powers.--Every authority may exercise all powers
11necessary or convenient for the carrying out of the purposes set
12forth in this section, including, but without limiting the
13generality of the foregoing, the following rights and powers:

14* * *

15(9) To fix, alter, charge and collect rates and other
16charges in the area served by its facilities at reasonable
17and uniform rates to be determined exclusively by it for the
18purpose of providing for the payment of the expenses of the

1authority, the construction, improvement, repair, maintenance
2and operation of its facilities and properties [and,], and:

3(i) in the case of an authority located in a county 
4of the second class created for the purposes of financing 
5working capital, for the purpose of acquiring, holding, 
6constructing, financing, improving, maintaining and 
7operating, owning or leasing an airport, may not have the 
8authority to levy, assess or collect an access fee 
9calculated using the gross receipts tax of an off--
10airport parking lot operator. The charge for an access 
11fee shall be $2 per round trip for an off-airport 
12operator, which will grant access to the commercial 
13curb. If no access to the commercial curb is granted to 
14an off-airport parking lot operator, the fee shall be 
15reduced to a $1 per round trip. One year following the 
16effective date of this subparagraph, the airport 
17authority shall have the authority to increase each year 
18the fee provided in this part by an amount not to exceed 
19an annual cost-of-living adjustment calculated by 
20applying the percentage change in the Consumer Price 
21Index for All Urban Consumers (CPI-U) for the Pittsburgh 
22Metropolitan Statistical Area (MSA), which includes 
23Allegheny, Armstrong, Beaver, Butler, Fayette, Washington 
24and Westmoreland Counties for the most recent 12-month 
25period for which figures have been officially reported by 
26the United States Department of Labor, Bureau of Labor 
27Statistics, immediately prior to the date the adjustment 
28is due to take effect. No fees to register vehicles, 
29equipment and transponder usage, and no ancillary fees, 
30may be charged to an off-airport parking lot operator.
 

1Permit fees that were in effect as of January 1, 2013, 
2may not be increased; and

3(ii) in the case of an authority created for the
4purpose of making business improvements or providing
5administrative services, a charge for such services which
6is to be based on actual benefits and which may be
7measured on, among other things, gross sales or gross or
8net profits, the payment of the principal of and interest
9on its obligations and to fulfill the terms and
10provisions of any agreements made with the purchasers or
11holders of any such obligations, or with a municipality
12and to determine by itself exclusively the services and
13improvements required to provide adequate, safe and
14reasonable service, including extensions thereof, in the
15areas served. If the service area includes more than one
16municipality, the revenues from any project shall not be
17expended directly or indirectly on any other project
18unless such expenditures are made for the benefit of the
19entire service area. Any person questioning the
20reasonableness or uniformity of a rate fixed by an
21authority or the adequacy, safety and reasonableness of
22the authority's services, including extensions thereof,
23may bring suit against the authority in the court of
24common pleas of the county where the project is located
25or, if the project is located in more than one county, in
26the court of common pleas of the county where the
27principal office of the project is located. The court of
28common pleas shall have exclusive jurisdiction to
29determine questions involving rates or service. Except in
30municipal corporations having a population density of 300

1persons or more per square mile, all owners of real
2property in eighth class counties may decline in writing
3the services of a solid waste authority.

4* * *

5Section 2. This act shall take effect in 60 days.