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07/14/2024 07:30 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=41950
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: January 12, 2024 12:28 PM
From: Representative Justin C. Fleming and Rep. Dave Madsen
To: All House members
Subject: Stormwater Fees
 
To meet state and federal clean water requirements, the Pennsylvania General Assembly expressly granted permission to both municipalities and authorities to properly assess stormwater fees and defined the charges as “reasonable and uniform rates” comparable to the myriad of other fees for service such as sewer and water rates.
 
While the Commonwealth acknowledges the validity of other water and sewer fees and pays them accordingly, it counterintuitively refuses to do so for stormwater fees, arguing that stormwater assessments are a local tax, of which Commonwealth agencies are immune.
 
The stormwater fee is based on the impervious area a property has, which directly contributes to the amount of stormwater runoff that must be managed and the overall demand on the system. It is reasonably proportional to the cost of services rendered. The stormwater fee is not a property tax that can be used for general purposes of a local government body, therefore tax-exempt properties, including Commonwealth properties, should be held responsible for paying the user fee.
 
The Commonwealth’s failure to pay its fair share for the user fee that has been permitted by state and federal governments will adversely impact other ratepayers.
 
Other property owners, including those that are tax-exempt such as the federal government, are fulfilling their legal financial obligations. My legislation will ensure that the Commonwealth of Pennsylvania will pay their fair share.



Introduced as HB2147