PRINTER'S NO. 870
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
791
Session of
2017
INTRODUCED BY DAVIS, MILLARD, GALLOWAY, McNEILL, M. QUINN,
NEILSON, O'NEILL, FREEMAN, SCHWEYER, D. COSTA AND GILLEN,
MARCH 10, 2017
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 10, 2017
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for municipal-owned
infrastructure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 62
MUNICIPAL-OWNED INFRASTRUCTURE
Sec.
6201. Definitions.
6202. Sale or transfer of water or sewer infrastructure to
municipality.
6203. Sale or transfer of municipal-owned water or sewer
infrastructure.
§ 6201. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Public benefit." The term includes a rate reduction,
improved service quality, improved service reliability or other
clearly defined benefit to a ratepayer of the municipality.
§ 6202. Sale or transfer of water or sewer infrastructure to
municipality.
A municipality may not acquire by a device or means,
including a consolidation, merger, purchase or lease or through
the purchase of stock, bonds or other security, title to or
possession or use of all or a substantial portion of water or
sewer infrastructure, unless the municipality has discussed the
acquisition at a public meeting and the written minutes of the
meeting contain details relating to the anticipated or projected
public benefit that will be realized by the acquisition.
§ 6203. Sale or transfer of municipal-owned water or sewer
infrastructure.
(a) General rule.--A municipality may not sell or transfer
to title to all or a portion of the water or sewer
infrastructure of the municipality, unless the municipality has
discussed the sale or transfer at a public meeting and the
written minutes of the meeting contain details relating to the
anticipated or projected public benefit that will be realized by
the sale or transfer.
(b) Public meeting.--
(1) The public meeting must include a public comment
period.
(2) A ratepayer of the municipality shall be notified of
the public meeting on a monthly billing statement not more
than 60 days nor less than 30 days prior to the public
meeting. The notification shall:
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(i) be posted in a clear and conspicuous manner on
the billing statement; and
(ii) state that the ratepayer is entitled to comment
at the public meeting.
Section 2. This act shall apply as follows:
(1) The addition of 53 Pa.C.S. § 6202 shall apply to
title to or possession or use of all or a substantial portion
of the water or sewer infrastructure which is acquired on or
after the effective date of this section.
(2) The addition of 53 Pa.C.S. § 6203 shall apply to the
sale or transfer of title to all or a portion of the water or
sewer infrastructure sold or transferred on or after the
effective date of this section.
Section 3. This act shall take effect in 60 days.
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