Regular Session 2021-2022 House Bill 1924 P.N. 2186

PRINTER'S NO. 2186

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1924

Session of

2021

INTRODUCED BY GAYDOS, SEPTEMBER 28, 2021

REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 28, 2021

AN ACT

Amending Title 68 (Real and Personal Property) of the

Pennsylvania Consolidated Statutes, in real property,

providing for common interest communities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Part II of Title 68 of the Pennsylvania

Consolidated Statutes is amended by adding a subpart to read:

SUBPART G

COMMON INTEREST COMMUNITIES

Chapter

63. Municipal Services

CHAPTER 63

MUNICIPAL SERVICES

Sec.

6301. Short title of chapter.

6302. Applicability.

6303. Definitions.

6304. Municipal services to be provided.

6305. Reimbursement for municipal services.

6306. Arbitration.

6307. Additional services.

6308. Construction.

§ 6301. Short title of chapter.

This chapter shall be known and may be cited as the Municipal

Services Equalization and Tax Fairness Act.

§ 6302. Applicability.

This chapter applies to all cities of the first class, cities

of the second class, cities of the third class, boroughs,

townships of the first class and townships of the second class

that render municipal services.

§ 6303. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Community." The following:

(1) A condominium as defined in section 3103 (relating

to definitions).

(2) A cooperative as defined in section 4103 (relating

to definitions).

(3) A planned community as defined in section 5103

(relating to definitions).

(4) A community under paragraph (1), (2) or (3) is a

community regardless of:

(i) Whether the community was created under this

title.

(ii) The number of units in the community.

(iii) Whether individual units are owner occupied or

leased.

(iv) The following:

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(A) the public has open access to its streets;

(B) the streets have been dedicated to the

municipality; or

of the municipality.

"Municipal services." The following:

(1) Any of the following services to the extent that

they are provided to a noncommunity dwelling within a

municipality or within the jurisdiction of a municipal

authority that are paid for out of the general revenues of

the municipality:

(i) Solid waste collection and disposal, including

household waste, leaves and recyclable materials.

(ii) Removal of snow, ice and other obstructions

from the cartway of roads and streets.

(iii) Lighting of the roads and streets to the

extent of payment for the electricity required, but not

including the installation or maintenance of lamps,

standards, wiring or other equipment.

(iv) Maintenance, repair and replacement of sanitary

sewer lines.

(v) Maintenance, repair and replacement of water

lines.

(vi) Providing police, fire, ambulance and other

emergency services, including fire hydrants.

(vii) Any and all other services provided by a

municipality or municipal authority to single family

dwellings.

(2) The term shall include services provided by a

municipality regardless of whether the roads, streets or

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other improvements are dedicated to the municipality or owned

or controlled by the community.

"Municipality." A borough, city of the first class, city of

the second class, city of the third class, township of the first

class and township of the second class. The term shall include a

municipal authority as defined under 53 Pa.C.S. § 5602 (relating

to definitions).

"Noncommunity dwelling." A residential dwelling which is not

part of a community.

§ 6304. Municipal services to be provided.

(a) General rule.--Except as provided under subsection (b),

every municipality shall provide to a community the same

municipal services it provides to noncommunity dwellings.

(b) Negotiated municipal services.--At the request of a

community, the municipality in which the community is located

shall negotiate the provision of municipal services. The

negotiations shall result in a written agreement which:

(1) describes the specific municipal services to be

provided;

(2) provides for the municipality to either supply the

municipal services or to reimburse the community for the

actual costs incurred by the community for the municipal

services; and

(3) describes the timing and procedures to be followed

for the reimbursement from the municipality to the community

as provided under section 6305 (relating to reimbursement for

municipal services).

municipality are unable to reach a negotiated written agreement

for the provision of municipal services, the community and

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municipality shall enter into compulsory arbitration as provided

under section 6306 (relating to arbitration).

§ 6305. Reimbursement for municipal services.

(a) General rule.--Any amount received by a community from a

municipality shall be applied as reimbursement to the community

for the actual costs incurred by the community in performing the

municipal services.

(b) Actual costs.--The actual costs of providing the

municipal services shall be evidenced by copies of paid invoices

produced by the community to the municipality at times as may be

agreed upon between the community and municipality in the

written agreement.

services shall be paid at least annually by the municipality to

the community and no later than 90 days after the date on which

the community provides the municipality with copies of invoices

paid for by the community or other timing requirements as may be

negotiated between the community and the municipality.

(d) Disputes.--Any disputes pertaining to the amount of the

reimbursement to be paid by the municipality to the community

for the provision of municipal services shall be subject to

arbitration as provided under section 6306 (relating to

arbitration), unless otherwise agreed to, in writing, between

the community and the municipality.

§ 6306. Arbitration.

(a) General rule.--If a municipality and a community are

unable to reach an understanding on the terms of an agreement

within 90 days after a community has provided the municipality

with a written request to negotiate the provision of municipal

services, the community may request arbitration and a board of

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arbitrators shall be appointed as provided under subsection (b).

(b) Board of arbitrators.--The board of arbitrators shall be

composed of three individuals, one appointed by the

municipality, one appointed by the community and a third member

to be agreed upon by the other two arbitrators. The community

arbitrator shall be named in the request for the appointment of

the board of arbitrators. The municipal arbitrator shall be

named within 10 days from the date the request is delivered.

If, after a period of 10 days from the date of the appointment

of the two arbitrators, the third arbitrator has not been

selected, either arbitrator may request the American Arbitration

Association to furnish a list of seven American Arbitration

Association members from which a third arbitrator shall be

selected. The municipal arbitrator shall eliminate a name from

the list and then the two arbitrators shall alternately

eliminate names until one name remains. That individual shall be

the third or neutral arbitrator and shall act as chairperson of

the board of arbitrators. The board of arbitrators established

shall commence the arbitration proceedings within 30 days after

the third arbitrator is selected and shall make its

determination within 40 days after its hearing is concluded.

have the power to administer oaths and compel the attendance of

witnesses and physical evidence by subpoena.

(d) Determination.--The determination of the majority of the

board of arbitrators shall be final on the issues in dispute and

shall be binding upon the municipality and the community. The

determination shall be in writing and a copy of the

determination shall be forwarded to the municipality and the

community. No appeal of the determination shall be allowed to

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any court. The determination shall constitute a mandate to the

municipality or the community to take the action necessary to

carry out the determination of the board of arbitrators.

(e) Compensation.--The compensation, if any, of the neutral

arbitrator shall be shared by the municipality and the

community. The municipality and the community shall each pay its

respective arbitrator. The cost of any stenographic expenses

shall be paid by the party requesting a stenographic record.

(f) Sole arbitrator.--Notwithstanding any other provision of

this section, the municipality and the community may conduct the

arbitration provided under this section before a sole arbitrator

if agreed upon between the municipality and the community, in

writing.

§ 6307. Additional services.

Nothing in this chapter shall prevent a municipality from

providing additional services that primarily serve public

purposes to the residents of a community. The governing body of

a municipality, which prior to the effective date of this

section has enacted an ordinance providing all the municipal

services or reimbursement provided by this chapter to a

community, may repeal the ordinance and implement the provisions

of this chapter.

§ 6308. Construction.

Nothing in this chapter shall be construed as abrogating or

superseding any agreement in effect under an ordinance providing

all the municipal services or reimbursement provided by this

chapter to a community prior to the effective date of this

section.

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

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