Regular Session 2015-2016 House Bill 1394 P.N. 3306

SENATE AMENDED

PRIOR PRINTER'S NOS. 1891, 2555, 2612,

3165

PRINTER'S NO. 3306

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1394

Session of

2015

INTRODUCED BY MUSTIO, KOTIK, D. COSTA, READSHAW, GODSHALL,

COHEN, HARHAI AND ZIMMERMAN, JUNE 24, 2015

SENATOR HUTCHINSON, LOCAL GOVERNMENT, IN SENATE, RE-REPORTED AS

AMENDED, MAY 10, 2016

AN ACT

Amending Title TITLES 8 (Boroughs and Incorporated Towns) AND 11

(CITIES) of the Pennsylvania Consolidated Statutes, in storm

sewers and watercourses, further providing for authority of

boroughs and for manner of financing work.; AND, IN

WATERCOURSES, FLOOD PROTECTION PROJECTS AND STORM WATER

SYSTEMS, FURTHER PROVIDING FOR ESTABLISHING AND CHANGING

WATERCOURSES, FLOOD PROTECTION PROJECTS AND STORM WATER

SYSTEMS AND FOR ASSESSMENT OF BENEFITS AND LIENS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2201 of Title 8 of the Pennsylvania

Consolidate Statutes is amended by adding a subsection to read:

§ 2201. Authority of boroughs.

* * *

to govern and regulate the planning, management, implementation,

construction and maintenance of storm water facilities.

Section 2. Section 2203 of Title 8 is amended to read:

§ 2203. Manner of financing [work].

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(a) General rule.--A borough may pay for the costs and

expenses of any work or activity authorized under section 2201

(relating to authority of boroughs) wholly or in part from money

of the borough available for the purpose.

(b) Assessments.--To the extent that a borough does not

receive assistance from the Federal, State or county government

for the costs and expenses of the work, the borough may assess

the benefited properties located within the drainage area of the

watercourse in accordance with Chapter 21A (relating to

assessments and charges for public improvements).

maintenance and operation of storm water management facilities,

systems and management plans authorized under this chapter , a

borough may assess reasonable and uniform fees based in whole or

in part on the characteristics of the property benefited by the

facilities, systems and management plans. THE FEES ASSESSED MAY

NOT EXCEED THE AMOUNT NECESSARY TO MEET THE MINIMUM REQUIREMENTS

OF THE FEDERAL WATER POLLUTION CONTROL ACT (62 STAT. 1155, 33

U.S.C. § 1251 ET SEQ.), AND FEDERAL OR STATE LAWS GOVERNING THE

IMPLEMENTATION OF THE FEDERAL WATER POLLUTION CONTROL ACT, FOR

THE CONSTRUCTION, MAINTENANCE AND OPERATION OF STORM WATER

MANAGEMENT FACILITIES, SYSTEMS AND MANAGEMENT PLANS, AS

SPECIFIED IN 40 CFR 122.26 (RELATING TO STORM WATER DISCHARGES

(APPLICABLE TO STATE NPDES PROGRAMS, SEE § 123.25)) . In

establishing the fees the borough may SHALL consider and provide

appropriate exemptions or credits for properties which have

installed and are maintaining storm water facilities that meet

best management practices and are approved or inspected by the

borough. The assessed fees shall be filed with the borough

treasurer. An ordinance shall specify whether payments are to be

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made by annual or more frequent installments.

(d) Methods of assessment.--Any fee levied by the borough

can be assessed in one of the following methods:

(1) On all properties in the borough.

(2) On all properties benefited by a specific storm

water project.

(3) By establishing a storm water management district

and assessing the fee on all property owners in the district.

(e) Use.--Any fee collected for the purposes of storm water

management may only be used for the purposes authorized by this

chapter.

SECTION 3. SECTION 13401 OF TITLE 11 IS AMENDED BY ADDING A

SUBSECTION TO READ:

§ 13401. ESTABLISHING AND CHANGING WATERCOURSES, FLOOD

PROTECTION PROJECTS AND STORM WATER SYSTEMS.

* * *

GOVERN AND REGULATE THE PLANNING, MANAGEMENT, IMPLEMENTATION,

CONSTRUCTION AND MAINTENANCE OF STORM WATER FACILITIES.

SECTION 4. SECTION 13407 HEADING OF TITLE 11, ADDED NOVEMBER

24, 2015 (P.L.242, NO.67), IS AMENDED AND THE SECTION IS AMENDED

BY ADDING SUBSECTIONS TO READ:

§ 13407. ASSESSMENT OF BENEFITS [AND], LIENS AND FEES.

* * *

(D) FEES.--FOR THE PURPOSES OF FUNDING THE CONSTRUCTION,

MAINTENANCE AND OPERATION OF STORM WATER MANAGEMENT FACILITIES,

SYSTEMS AND MANAGEMENT PLANS AUTHORIZED UNDER THIS CHAPTER, A

CITY MAY ASSESS REASONABLE AND UNIFORM FEES BASED IN WHOLE OR IN

PART ON THE CHARACTERISTICS OF THE PROPERTY BENEFITED BY THE

FACILITIES, SYSTEMS AND MANAGEMENT PLANS. THE FEES ASSESSED MAY

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NOT EXCEED THE AMOUNT NECESSARY TO MEET THE MINIMUM REQUIREMENTS

OF THE FEDERAL WATER POLLUTION CONTROL ACT (62 STAT. 1155, 33

U.S.C. § 1251 ET SEQ.), AND FEDERAL OR STATE LAWS GOVERNING THE

IMPLEMENTATION OF THE FEDERAL WATER POLLUTION CONTROL ACT, FOR

THE CONSTRUCTION, MAINTENANCE AND OPERATION OF STORM WATER

MANAGEMENT FACILITIES, SYSTEMS AND MANAGEMENT PLANS, AS

SPECIFIED IN 40 CFR 122.26 (RELATING TO STORM WATER DISCHARGES

(APPLICABLE TO STATE NPDES PROGRAMS, SEE § 123.25)). IN

ESTABLISHING THE FEES, THE CITY SHALL CONSIDER AND PROVIDE

APPROPRIATE EXEMPTIONS OR CREDITS FOR PROPERTIES WHICH HAVE

INSTALLED AND ARE MAINTAINING STORM WATER FACILITIES THAT MEET

BEST MANAGEMENT PRACTICES AND ARE APPROVED OR INSPECTED BY THE

CITY . THE ASSESSED FEES SHALL BE FILED WITH THE CITY TREASURER.

AN ORDINANCE SHALL SPECIFY WHETHER PAYMENTS ARE TO BE MADE BY

ANNUAL OR MORE FREQUENT INSTALLMENTS.

(E) METHODS OF ASSESSMENT.--ANY FEE LEVIED BY THE CITY CAN

BE ASSESSED IN ONE OF THE FOLLOWING METHODS:

(1) ON ALL PROPERTIES IN THE CITY .

(2) ON ALL PROPERTIES BENEFITED BY A SPECIFIC STORM

WATER PROJECT.

(3) BY ESTABLISHING A STORM WATER MANAGEMENT DISTRICT

AND ASSESSING THE FEE ON ALL PROPERTY OWNERS IN THE DISTRICT.

(F) USE.--ANY FEE COLLECTED FOR THE PURPOSES OF STORM WATER

MANAGEMENT MAY ONLY BE USED FOR THE PURPOSES AUTHORIZED BY THIS

CHAPTER.

Section 3 5. This act shall take effect in 60 days.

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