PRIOR PRINTER'S NOS. 645, 801, 1579
PRINTER'S NO. 1714
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
597
Session of
2021
INTRODUCED BY STEFANO, MENSCH, SCAVELLO AND VOGEL,
APRIL 21, 2021
AS AMENDED ON THIRD CONSIDERATION, JUNE 6, 2022
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for water and wastewater
asset management plans.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 67
WATER AND WASTEWATER ASSET MANAGEMENT PLANS
Sec.
6701 . Scope of chapter.
6702 . Definitions.
6703 . Asset management plans.
6704 . Critical valve inspections and fire hydrant inspections
by water system operator.
6705 . Water meters.
6706 . Development of cybersecurity system.
6707 . Annual information to customers.
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6708 . Contingency for public funding.
6709 . Enforcement.
6710. Department costs.
6711. Regulations.
§ 6701. Scope of chapter.
This chapter relates to water and wastewater asset management
plans.
§ 6702 . 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 wastewater system." A publicly or privately owned
community sewage system which serves at least 501 751 service
connections used by year-round residents that uses a method of
sewage collection, conveyance treatment or disposal other than
renovation in a soil absorption area or retention in a retaining
tank. The term does not include a municipally owned and
operated :
(1) A MUNICIPALLY OWNED AND OPERATED sewage system that
owns and operates a water system which has applied to the
Pennsylvania Public Utility Commission for a voluntary change
in rates under 66 Pa.C.S. § 1308(d) (relating to voluntary
changes in rates), within five years of the effective date of
this section.
(2) A COMMUNITY SEWAGE SYSTEM OWNED BY A PLANNED
COMMUNITY AS DEFINED IN 68 PA.C.S. PT. II SUBPT. D (RELATING
TO PLANNED COMMUNITIES).
"Community water system." A public water system which serves
at least 501 751 service connections used by year-round
residents. The term does not include an INCLUDE:
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(1) AN entity which has applied to the Pennsylvania
Public Utility Commission for a voluntary change in rates
under 66 Pa.C.S. § 1308(d), within five years of the
effective date of this section.
(2) A COMMUNITY WATER SYSTEM OWNED BY A PLANNED
COMMUNITY AS DEFINED IN 68 PA.C.S. PT. II SUBPT. D.
"Critical valve." A valve that is identified as critical by
a water system operator, including a valve that is:
(1) located at a hospital or nursing home;
(2) located at an interconnection with a purveyor;
(3) a regulator control valve;
(4) a backflow valve of any type, protecting against
either a high or low hazard; or
(5) a valve in a facility, such as a treatment plant,
pump station, storage tank or well, that is needed to isolate
or operate the facility.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Lead service line." A water service pipe made of lead that
connects a water main to a building inlet and a lead pigtail,
gooseneck or other fitting that is connected to the water
service pipe.
"Wastewater system operator." A person or entity that owns
or operates a community wastewater system.
"Water system operator." A person or entity that owns or
operates a community water system.
§ 6703 . Asset management plans.
(a) Community water system asset management plan.--Beginning
no later than 18 months after the effective date of this
section, a water system operator shall annually submit an asset
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management plan, pursuant to a schedule established by the
department and every three years thereafter to the department
for review and approval. The asset management plan shall be
designed to inspect, maintain, repair and renew the water system
operator's water infrastructure consistent with Federal and
State laws. The community water system asset management plan
shall include at a minimum:
(1) A water main renewal program designed to achieve a
stated replacement cycle determined by a detailed engineering
analysis of the asset material of construction, condition and
estimated service life remaining of the water mains serving
the community water system and the failure or low conveyance
capability for fire flow.
(2) A water supply and treatment program designed to
inspect, maintain, repair, renew and upgrade wells, intakes,
pumps and treatment facilities.
(3) An initial schedule for the planned repair and
replacement of water system infrastructure over a specified
time period.
(4) A general description of the location of the water
system infrastructure, including a map.
(5) A reasonable estimate of the quantity of water
system infrastructure to be improved in the coming year and a
description of the water system infrastructure repaired,
improved or replaced and the associated costs for the
immediately preceding 12-month period.
(6) Projected annual expenditures to implement the plan,
the amount of money dedicated on an annual basis to address
the highest priority projects and measures taken to ensure
that the plan is cost effective.
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(7) The setting of rates that are sufficient to sustain
the current operation of the community water system and the
financing for all planned and reasonably anticipated
infrastructure improvements.
(8) The specific criteria used by the water system
operator to identify critical valves and their current
condition and fire hydrants and a map identifying each one in
accordance with section 6704 (relating to critical valve
inspections and fire hydrant inspections by water system
operator).
(9) A report of water meter testing in accordance with
section 6705 (relating to water meters).
(10) A lead service line removal and replacement plan
which includes the removal and replacement of customer-owned
and water system operator-owned lines, within or connected to
the operator's community water system , in accordance with the
Environmental Protection Agency's Lead and Copper Rule, the
department and the Pennsylvania Public Utility Commission, as
appropriate.
(11) A cross-connection control and backflow prevention
plan.
(12) Certification of a cybersecurity plan developed in
accordance with section 6706 (relating to development of
cybersecurity system ).
(b) Community wastewater system asset management plan.--
Beginning no later than 18 months after the effective date of
this section, a wastewater system operator shall submit an asset
management plan pursuant to a schedule established by the
department , and every three years thereafter, to the department
for review and approval. The asset management plan shall be
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designed to inspect, maintain, repair and renew its wastewater
infrastructure consistent with Federal and State laws. The
community wastewater system asset management plan shall include
at a minimum:
(1) A wastewater main renewal program designed to
achieve a stated replacement or rehabilitation cycle by a
detailed engineering analysis of the asset material of
construction, the condition and type of main-to-service
connection and estimated service life remaining of the
wastewater mains serving the community wastewater system.
(2) A sewer inspection program designed to perform an
assessment of the collection system to establish the
collections system's condition.
(3) An initial schedule for the planned repair and
replacement of wastewater infrastructure over a specified
time period.
(4) A general description of the location of the
wastewater infrastructure, including a map.
(5) A reasonable estimate of the quantity of wastewater
infrastructure to be improved in the coming year and a
description of the wastewater infrastructure repaired,
improved or replaced and the associated costs for the
immediately preceding 12 month period.
(6) Projected annual expenditures to implement the plan,
the amount of money dedicated on an annual basis to address
the highest priority projects and measures taken to ensure
that the plan is cost effective.
(7) The setting of rates that are sufficient to sustain
the current operation of the community wastewater system and
the financing for each planned and reasonably anticipated
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infrastructure improvement.
(8) Certification of a cybersecurity plan developed in
accordance with section 6706.
(c) Schedule.--Plans submitted under this section must
include a schedule under which the water system operator or
wastewater system operator will achieve goals of the asset
management plans.
(d) Review of plans.--A plan required under this section
shall be due and updated according to a schedule established by
the department and shall be submitted to and reviewed and
subject to enforcement by the department.
§ 6704 . Critical valve inspections and fire hydrant inspections
by water system operator.
(a) Critical valve inspections.--A water system operator
shall inspect each critical valve in the water system operator's
community water system to determine the accessibility of each
critical valve for operational purposes and the critical valve's
operating condition. A water system operator shall inspect each
critical valve consistent with its asset management plan, no
less than every three years and at any time the water system
operator installs, repairs or relocates a critical valve. At a
minimum, a critical valve inspection must:
(1) follow the recommendation of the valve manufacturer
to constitute a credible test or the number of turns which
constitutes 15% of the total number of turns necessary to
completely open or completely close the valve; and
(2) comply with any other criteria required under rules
and regulations.
(b) Remedy.--A water system operator shall remedy a critical
valve found to be nonoperational and include the remediation in
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its asset management plan.
(c) Fire hydrants.--A water system operator shall annually
inspect at least 33% of the fire hydrants in the water system
operator's system in a manner that each fire hydrant is
inspected over the course of four years in order to determine
each fire hydrant's working condition. The water system operator
shall formulate and implement a plan for flushing fire hydrants
and at dead ends of water mains as water quality needs dictate.
The plan for flushing may be combined with the required periodic
testing of fire hydrants.
(d) Recordkeeping and marking of fire hydrants.--
(1) A water system operator shall keep a record of each
inspection, test and flushing conducted under this section
for a period of at least six years.
(2) A water system operator that owns, solely or
jointly, a fire hydrant shall clearly mark easily
identifiable ownership information, including a number by
which the location of the hydrant may be determine, on the
water system operator's records.
(e) GPS identification.--A water system operator shall
identify the geographic location of each fire hydrant in the
water system operator's public water system using a global
positioning system based on satellite or other location
technology.
§ 6705 . Water meters.
(a) Allowable error.--A water provider must set an allowable
error rate and develop a testing protocol as part of an asset
management plan.
(A) GENERAL RULE.--A WATER PROVIDER MUST:
(1) SET AN ALLOWABLE ERROR RATE AND DEVELOP A TESTING
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PROTOCOL AS PART OF AN ASSET MANAGEMENT PLAN; OR
(2) ALLOW FOR REPLACEMENT OF A WATER METER ENTIRELY.
(b) Meter test records.--
(1) If a water meter is tested, the original test record
shall be kept indicating:
(i) the information necessary for identifying the
meter;
(ii) the reason for making the test;
(iii) the reading of the meter before being
disturbed; and
(iv) the accuracy of the meter together with data
taken at the time of the test.
(2) The record shall be sufficiently complete to permit
the convenient checking of the methods employed and the
calculations made.
(3) In addition to the records under paragraph (1), a
record shall be kept, indicating:
(i) the date of meter purchase;
(ii) the name of the manufacturer;
(iii) the meter's size, identification, various
places of installation with dates of installation and
removal; and
(iv) the dates and general results of each test.
(c) Installation and removal of meters.--
(1) Within 60 days of installation, a water meter shall
be inspected by the water system operator for mechanical
condition and suitability of location. For a new meter or a
meter reconditioned by a manufacturer, the test results of
the manufacturer may be accepted as the installation test if
the water system operator has verified the manufacturer's
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reported test results by testing the greater of 10% or 10
meters of a shipment of meters. For an emergency, a meter not
meeting the requirements of this section may be installed
temporarily.
(2) A water meter that is removed from service with the
intent for the water meter to return to service shall be
tested within 30 days for accuracy to complete the meter's
test history. When a water meter is temporarily removed from
service, the water meter shall be properly sealed to secure
registers and measuring devices until the water meter can be
properly tested for accuracy.
§ 6706 . Development of cybersecurity system.
A water system and a wastewater system operator with cyber
infrastructure shall develop a cybersecurity program that:
(1) is developed by an accredited cybersecurity
professional;
(2) implements organizational accountability and
responsibilities for cyber risk management activities ,
including any data on a network ; and
(3) establishes policies, plans, processes and
procedures for identifying, reporting and mitigating cyber
risk to the water system's and wastewater system operator's
community water system or community wastewater system.
§ 6707 . Annual information to customers.
A water system operator shall annually inform the operator's
customers of compliance with this chapter in a manner
established by the department .
§ 6708 . Contingency for public funding.
Before a water or wastewater system operator may receive a
subsidized loan or other financial assistance from the
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Commonwealth, the water or wastewater system operator must
demonstrate that the operator has developed or is in the process
of developing an asset management program required under this
chapter.
§ 6709 . Enforcement.
For a water system operator or wastewater system operator
specified under section 6703(d) (relating to asset management
plans), the department shall issue an order, enter into a
consent order, assess a civil penalty or take any other action
necessary to enforce compliance with this chapter that the
department is authorized to take for violations under any of the
following:
(1) The act of June 22, 1937 (P.L.1987, No.394), known
as The Clean Streams Law.
(2) The act of January 24, 1966 (1965 P.L.1535, No.537),
known as the Pennsylvania Sewage Facilities Act.
(3) The act of May 1, 1984 (P.L.206, No.43), known as
the Pennsylvania Safe Drinking Water Act.
(4) Chapter 31 (relating to water resources planning).
§ 6710. Department costs.
The program costs for department implementation and
enforcement of this chapter shall be included in the
department's proposed budget and shall be assessed upon a
community water system operator or owner and a community
wastewater system operator or owner. A community water system
operator or owner and a community wastewater system operator or
owner shall report annually to the department the gross
intrastate operating revenues for the preceding calendar year.
§ 6711. Regulations.
The department shall promulgate regulations to implement and
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administer this chapter.
Section 2. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) This section.
(ii) The addition of 27 Pa.C.S. §§ 6709 and 6710.
(2) The remainder of this act shall take effect in six
months.
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