Regular Session 2023-2024 House Bill 1384 P.N. 1543

PRINTER'S NO. 1543

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1384

Session of

2023

INTRODUCED BY MOUL, FREEMAN, SAPPEY, SMITH-WADE-EL AND JAMES,

JUNE 12, 2023

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 12, 2023

AN ACT

Amending Title 8 (Boroughs and Incorporated Towns) of the

Pennsylvania Consolidated Statutes, in associations and

organizations, further providing for associations and

organizations for mayors; in elections of officers, further

providing for eligibility, for officers elected and for

decrease in number of members of council; in powers, duties

and rights of appointed officers and employees, further

providing for appointments and incompatible offices and for

police serving under cooperative agreement or contract; in

corporate powers, further providing for specific powers; in

taxation and finance, further providing for investment of

funds; providing for solid waste collection and disposition;

in ordinances, further providing for ordinances and

resolutions and for publication; and making an editorial

change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 704(a) and (b), 801(a), 806(a)(4), 818,

1104(c), 1122(a) and 1202(8) of Title 8 of the Pennsylvania

Consolidated Statutes are amended to read:

§ 704. Associations and organizations for mayors.

(a) Authorization.--A mayor may join [a] any mayors'

association[, and council] in Pennsylvania. Council shall pay

reasonable dues [of up to] not to exceed $100 [for each mayor

belonging to the mayors' association] if requested by the mayor.

The mayor may attend the annual meeting of the mayors'

association, which shall be held in this Commonwealth in

accordance with the procedure adopted by the mayors'

association.

(b) Expenses.--A mayor [may] shall , if requested, receive

the following expenses for attending the annual meeting under

subsection (a):

(1) The registration fee.

(2) Lodging, meals and mileage for use of a personal

vehicle or reimbursement of actual transportation expenses

going to and returning from the meeting.

(3) Any actual expenses that the council may have agreed

to pay.

* * *

§ 801. Eligibility.

(a) Residency.--The following shall apply:

(1) [Except as provided under subsection (c), only] Only

registered electors of the borough shall be eligible to

elective borough offices.

(2) [Before] Except as provided under subsection (c) and

53 Pa.C.S. § 1142 (relating to residency during military

service), before being sworn into office, each elected

borough officer shall present a signed affidavit to the

borough secretary that states that the officer resides in the

borough, or within the ward in the case of a ward office,

from which elected and has resided in the borough

continuously for at least one year immediately prior to the

officer's election.

* * *

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§ 806. Officers elected.

(a) Officers.--The electors of the borough may elect:

* * *

(4) [As follows:

(i)] Except as provided [under subparagraph (ii)] in

section 818 (relating to change in number of members of

council), in boroughs not divided into wards, seven

members of council.

[(ii) In a borough with a population of less than

3,000 as determined by the latest official census, the

total number of members of council may be reduced from

seven to five or to three upon petition to the court of

common pleas, as provided under section 818 (relating to

decrease in number of members of council).]

* * *

§ 818. [Decrease] Change in number of members of council.

(a) Petition by electors.--The court of common pleas shall,

upon petition of at least 5% of the registered electors of any

borough not divided into wards[, which, according to the latest

official census, had a population of not more than 3,000],

certify the question of a proposal to reduce the total number of

members of council for the borough [from seven] to five or [to]

three or increase the total number of members of council for the

borough to five or seven, as specified by the petition, to the

board of election of the county for a referendum vote of the

residents at the next general election held not sooner than the

thirteenth Tuesday after the date of the petition. The

sufficiency of the number of signers to the petition shall be

ascertained as of the date when the petition is presented to

court. Upon receipt of the certified election results, the court

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shall enter a final decree granting or denying the request of

the petitioners. A petition under this section may not be

considered more than once in five years.

(1) At the municipal election following the decrease in

the number of members of council from seven to five:

(i) If four members of council would otherwise have

been elected, three members shall be elected.

(ii) If three members of council would otherwise

have been elected, two members shall be elected.

(2) At the second municipal election following the

decrease in the number of members of council:

(i) If four members of council would otherwise have

been elected, three members shall be elected.

(ii) If three members of council would otherwise

have been elected, two members shall be elected.

(3) At all following municipal elections, the proper

number of members of council shall be elected to correspond

to the number of members of council whose terms are to expire

the first Monday of the following January.

(d) Election.--

(1) At the municipal election following the decrease in

the number of members of council from seven to three:

(i) If four members of council would otherwise have

been elected, two members shall be elected.

(ii) If three members of council would otherwise

have been elected, one member shall be elected.

(2) At the second municipal election following the

decrease in the number of members of council in the borough:

(i) If four members of council would otherwise have

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been elected, two members shall be elected.

(ii) If three members of council would otherwise

have been elected, one member shall be elected.

(3) At all the following municipal elections, the proper

number of members of council shall be elected to correspond

to the number of members of council whose terms are to expire

the first Monday of the following January.] Number to be

elected by decree.--In its decree under subsection (a), the

court shall establish a schedule for the subsequent election

of council members at the next two municipal elections. The

members of council then in office shall remain in office

until the end of their respective terms. Thereafter, the

schedule may provide that the initial term of one or more of

the council members subsequently elected be reduced to

accommodate a schedule of staggered at-large elections to

eventually ensure that, as nearly as possible, one-half of

the members of council elected will be elected at each

municipal election. At all following municipal elections, the

proper number of members of council shall be elected to

correspond to the number of members of council whose terms

are to expire the first Monday of the following January.

(d) (Reserved).

(e) Terms.--In any borough in which, under this section, the

number of members of council shall be reduced or increased, the

members of council then in office shall remain in office until

the end of their respective terms. [If a borough attains a

population in excess of 3,000 according to the latest official

census, the number of members of council shall automatically be

increased from three or five to seven, following the reverse of

the procedure set forth in subsection (c) or (d).]

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§ 1104. Appointments and incompatible offices.

* * *

fact [and subject to subsection (a) as to compensation],

appointees of council may hold two or more appointive borough

offices, but no mayor or member of council may serve as borough

manager, secretary or treasurer.

* * *

§ 1122. Police serving under cooperative agreement or contract.

(a) General rule.--If a borough enters into a cooperative

agreement or contract with any municipal corporation, regional

police force or other governmental entity created by two or more

municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A

(relating to intergovernmental cooperation) for the furnishing

or receiving of police protection as authorized by section

[1202(35)] 1202(24) (relating to specific powers), the police

force of the municipal corporation, regional police force or

other governmental entity furnishing the police protection shall

be appointed and accepted as the police force of the borough

receiving the police service by resolution of the council.

* * *

§ 1202. Specific powers.

The powers of the borough shall be vested in the council. In

the exercise of any specific powers involving the enactment of

an ordinance or the making of any regulation, restriction or

prohibition, the borough may provide for enforcement and

penalties for violations. The specific powers of the borough

shall include the following:

* * *

(8) [To provide for garbage and other refuse material as

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follows:

(i) To prohibit, individually or jointly with other

municipal corporations pursuant to an agreement,

accumulations of garbage or other refuse material upon

public and private property and to make regulations for

the care, removal and collection of garbage or other

refuse material, including:

(A) To provide for the collection and imposition

of reasonable fees and charges for the collection of

garbage and other refuse material.

(B) To erect, operate and maintain refuse

disposal or incineration facilities or sanitary

landfills, either within or without the limits of the

borough, or provide other means for the collection,

destruction or removal of garbage and other refuse

material and provide for the payment of the cost or

expense of the activity, either in whole or in part,

out of the funds of the borough.

erecting, operating and maintaining refuse disposal

or incineration facilities or sanitary landfills if,

prior to any acquisition of property pursuant to this

paragraph, the borough, individually or jointly, as

the case may be, obtains the approval of the court of

common pleas for the location of the facilities or

landfill after a hearing and subject to notice as the

court shall require. If no objections are heard at

the hearing, the court shall approve the location. If

any objection is made, the court shall proceed to

hear the matter and determine whether the location is

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a detriment to neighboring properties. The finding of

the court shall be conclusive but in no way shall

adjudicate any question relating to damages for

injury to property.

(D) To take and appropriate real estate for

purposes of refuse disposals or incineration

facilities or sanitary landfills in accordance with

Chapter 15 (relating to eminent domain, assessment of

damages and damages for injury to property) if a

purchase price cannot first be agreed upon. No real

estate located outside the limits of the borough or

outside the limits of the joint municipal

corporations in the case of a joint effort shall be

taken and appropriated if the real estate currently

contains or is being used for a refuse disposal or

incineration facility or a sanitary landfill.

(ii) Regulations enacted under this paragraph shall

be consistent with the act of July 7, 1980 (P.L.380,

No.97), known as the Solid Waste Management Act, the act

of July 28, 1988 (P.L.556, No.101), known as the

Municipal Waste Planning, Recycling and Waste Reduction

Act, and subject to any other necessary Federal or State

approval.] (Reserved).

* * *

Section 2. Section 1316(c) of Title 8 is amended by adding a

paragraph to read:

§ 1316. Investment of funds.

* * *

investments for borough funds are:

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* * *

(9) An investment authorized by the act of July 25, 1973

(P.L.217, No.53), entitled "An act authorizing cities of the

first class and second class to invest all funds received and

deposited with the city treasurer in certain commercial paper

under certain terms and conditions; and providing for

investment of public corporation or municipal authority

funds."

* * *

Section 3. Title 8 is amended by adding a chapter to read:

CHAPTER 25B

SOLID WASTE COLLECTION AND DISPOSITION

Sec.

25B01. Definitions.

25B02. Accumulation of municipal waste.

25B03. Collection and removal.

25B04. Disposal.

25B05. Acquisition of real property and facilities.

25B06. Rates and charges.

25B07. Appropriations.

25B08. Exclusion from other laws.

§ 25B01. 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:

"Municipal authority." A body politic and corporate created

under 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

"Municipal waste." As defined in section 103 of the act of

July 28, 1988 (P.L.556, No.101), known as the Municipal Waste

Planning, Recycling and Waste Reduction Act.

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§ 25B02. Accumulation of municipal waste.

Council, in the manner authorized by the act of July 7, 1980

(P.L.380, No.97), known as the Solid Waste Management Act, and

the act of July 28, 1988 (P.L.556, No.101), known as the

Municipal Waste Planning, Recycling and Waste Reduction Act, may

prohibit accumulations of municipal waste upon public and

private property, including the imposition and collection of

reasonable fees and charges for the collection, removal and

disposal of municipal waste.

§ 25B03. Collection and removal.

(a) General rule.--Council may collect and remove, by

contract or otherwise, municipal waste and recyclables and

prescribe penalties for the enforcement of the collection and

removal.

(b) Contract length.--A contract with refuse haulers may be

made for an initial period not to exceed five years with

optional renewal periods of up to five years.

not apply to a contract with a political subdivision or

municipal authority.

§ 25B04. Disposal.

(a) General rule.--Council may dispose of, by contract or

otherwise, municipal waste.

(b) Contract length.--A contract with the owner of a private

facility for the disposal or incineration of municipal waste may

be made for a period not to exceed 20 years.

not apply to a contract with a political subdivision or

municipal authority.

§ 25B05. Acquisition of real property and facilities.

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The following shall apply:

(1) Council may acquire real property and erect,

maintain, improve, operate and lease, either as lessor or

lessee, facilities for incineration, landfill or other

methods of disposal, either inside or outside the limits of

the borough, including equipment, either separately or

jointly, with a political subdivision or municipal authority

in order to provide for the collection, removal, disposal and

destruction of municipal waste, for the collection and

storage of recyclable materials or for the composting of leaf

and yard waste.

(2) Council may provide for the payment of the cost,

either in whole or part, out of the funds of the borough.

(3) Council may acquire land for landfill purposes,

either amicably or by exercising the power of eminent domain,

and may maintain lands and places for the dumping of

municipal waste.

(4) If council acquires land outside the limits of the

borough by exercising the power of eminent domain, the taking

shall be subject to the limitations in 26 Pa.C.S. § 206

(relating to extraterritorial takings).

§ 25B06. Rates and charges.

(a) Council authorization.--Council may establish, alter,

charge and collect rates and other charges for the:

(1) collection, removal and disposal of municipal waste

and recyclable materials;

(2) cost of including the payment of any indebtedness

incurred for the construction, purchase, improvement, repair,

maintenance and operation of any facilities for collection,

removal and disposal; and

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(3) amount due under a contract with a political

subdivision or municipal authority furnishing the services or

facilities.

(b) Method of collection.--The rates and other charges shall

be collected under the act of May 16, 1923 (P.L.207, No.153),

referred to as the Municipal Claim and Tax Lien Law, by a civil

action, or any other collection method authorized by law.

§ 25B07. Appropriations.

Council may make appropriations to a political subdivision or

municipal authority for the construction, purchase, improvement,

repair, maintenance and operation of a facility for the

collection, removal, disposal or marketing of municipal waste,

recyclable materials or composted leaf and yard waste.

§ 25B08. Exclusion from other laws.

A borough may not be subject to requirements otherwise

imposed by law for the sale of personal property owned by the

borough when selling recyclable materials or materials

separated, collected, recovered or created by recycling, as

provided in the act of April 9, 1992 (P.L.70, No.21), entitled

"An act excluding the sale of recyclable material from political

subdivision personal property sale restrictions relating to

advertising and bidding."

Section 4. Sections 3301.1(b)(2) and 3301.2(a) of Title 8

are amended to read:

§ 3301.1. Ordinances and resolutions.

* * *

(b) Legislative acts.--Every legislative act of council must

be by ordinance. Legislative acts shall include, but not be

limited to:

* * *

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[(2) General appropriation ordinances.]

* * *

§ 3301.2. Publication.

(a) Requirements.--Except as provided under this part or

other law, council shall publish every proposed ordinance once

in one newspaper of general circulation [for at least] no less

than seven days and [not] no more than 60 days [prior to

enactment] prior to the day when council shall vote on the

proposed ordinance. Publication of any proposed ordinance shall

include all of the following:

(1) The full text or the title of the ordinance and a

brief summary prepared by the borough solicitor setting forth

all the provisions in reasonable detail.

(2) A reference to the borough office or other place

where borough records are kept where copies of the proposed

ordinance may be examined.

* * *

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

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