S0597B0645A01131 MSP:CMD 05/25/21 #90 A01131
AMENDMENTS TO SENATE BILL NO. 597
Sponsor: SENATOR STEFANO
Printer's No. 645
Amend Bill, page 1, lines 1 through 3, by striking out all of
said lines and inserting
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, providing for water and wastewater
asset management plans.
Amend Bill, page 1, lines 6 through 18; pages 2 through 10,
lines 1 through 30; page 11, lines 1 through 21; by striking out
all of said lines on said pages and inserting
Section 1. Title 66 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 37
WATER AND WASTEWATER ASSET MANAGEMENT PLANS
Sec.
3701. Scope of chapter.
3702. Definitions.
3703. Asset management plans.
3704. Critical valve inspections and fire hydrant inspections
by water system operator.
3705. Water meters.
3706. Development of cybersecurity system.
3707. Annual information to customers.
3708. Regulations.
3709. Contingency for public funding.
3710. Enforcement.
3711. Commission costs.
§ 3701. Scope of chapter.
This chapter relates to water and wastewater asset management
plans.
§ 3702. 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 service
connections used by year-round residents that uses a method of
2021/90MSP/SB0597A01131 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
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
sewage system that owns and operates a water system which has
applied to the commission for a voluntary change in rates under
section 1308(d) (relating to voluntary changes in rates), within
five years of the effective date of this section.
"Community water system." A public water system which serves
at least 501 service connections used by year-round residents.
The term does not include an entity which has applied to the
commission for a voluntary change in rates under section
1308(d), within five years of the effective date of this
section.
"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.
"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.
§ 3703. Asset management plans.
(a) Community water system asset management plan.--Beginning
no later than 12 months after the effective date of this
section, a water system operator shall annually submit an asset
management plan, pursuant to a schedule established by the
commission and every three years thereafter to the commission
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.
2021/90MSP/SB0597A01131 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(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.
(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 3704 (relating to critical valve
inspections and fire hydrant inspections by water system
operator).
(8) A report of water meter testing in accordance with
section 3705 (relating to water meters).
(9) 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.
(10) A cross-connection control and backflow prevention
plan.
(11) Certification of a cybersecurity plan developed in
accordance with section 3706 (relating to development of
cybersecurity system ).
(b) Community wastewater system asset management plan.--
Beginning no later than 12 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
commission, and every three years thereafter, to the commission
for review and approval. The asset management plan shall be
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.
2021/90MSP/SB0597A01131 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(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
infrastructure improvement.
(8) A cross-connection control and backflow prevention
plan.
(9) Certification of a cybersecurity plan developed in
accordance with section 3706.
(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.
§ 3704. 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
its assessment management plan.
(c) Fire hydrants.--A water system operator shall annually
inspect at least 33% of the fire hydrants in the water system
2021/90MSP/SB0597A01131 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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.
§ 3705. Water meters.
(a) Allowable error.--A water meter that has an error in
registration of more than 2% may not be placed in service and a
water meter that has an error in registration of more than 4%
may not remain in service, if water is passing through the meter
at approximately the following rates of flow:
Meter size (inches) Gallons per minute
5/8 6
3/4 10
1 20
1 1/2 30
2 50
3 90
4 180
6 300
(b) Prohibition.--
(1) A water system operator furnishing metered water
service may not allow a water meter to remain in service
without testing the meter for accuracy and readjusting if the
meter is found to be incorrect beyond the limits established
under subsection (a) for a water meter:
(i) of one inch or less to remain in service for a
period longer than 20 years;
(ii) of more than one inch to remain in service for
a period longer than eight years.
(2) At a customer's request, the water system operator
shall perform a meter test without charge if a meter has been
in service and has not been tested for a period greater than
that specified as follows:
Meter size (Inches) Years
2021/90MSP/SB0597A01131 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
5/8 10
3/4 8
1 6
More than 1 4
(c) 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.
(d) 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
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.
§ 3706. Development of cybersecurity system.
A water system and a wastewater system operator 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; and
(3) establishes policies, plans, processes and
2021/90MSP/SB0597A01131 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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.
§ 3707. 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 commission.
§ 3708. Regulations.
(a) Temporary.--The commission shall promulgate temporary
regulations as necessary to implement this chapter. The
temporary regulations shall not be subject to the following:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 310(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(b) Expiration.--The temporary regulations promulgated under
subsection (a) shall expire upon the promulgation of final form
regulations or two years following the effective date of this
section, whichever is earlier.
§ 3709. Contingency for public funding.
Before a water or wastewater system operator may receive a
subsidized loan or other financial assistance from the
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.
§ 3710. Enforcement.
A water system operator or waste water system operator that
fails to file an asset management plan or comply with a
commission approved plan shall, notwithstanding any other
provision of law, be deemed a public utility and regulated as a
public utility.
§ 3711. Commission costs.
The program costs for commission implementation and
enforcement of this chapter shall be included in the
commission's proposed budget and shall be assessed upon a
community water system operator or owner and a community
wastewater system operator or owner in accordance with section
510 (relating to assessment for regulatory expenses upon public
utilities). For purposes of section 510, the definition of
"public utility" shall include a community water system operator
or owner or community wastewater system operator or owner
required to file under this section and not subject to section
510 assessments. For the purposes of section 510 assessments,
community water systems and community wastewater systems may be
grouped with other public utilities furnishing the same kind of
service. A community water system operator or owner and a
2021/90MSP/SB0597A01131 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
community wastewater system operator or owner shall report
annually to the commission the gross intrastate operating
revenues for the preceding calendar year.
Section 2. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) This section.
(ii) The addition of 66 Pa.C.S. §§ 3710 and 3711.
(2) The remainder of this act shall take effect in six
months.
2021/90MSP/SB0597A01131 - 8 -
1
2
3
4
5
6
7
8
9
10