Regular Session 2015-2016 Senate Bill 0289 P.N. 0173

PRINTER'S NO. 173

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

289

Session of

2015

INTRODUCED BY FONTANA, YUDICHAK, HUGHES, SCHWANK, BOSCOLA,

SMITH, COSTA, WILLIAMS AND TARTAGLIONE, JANUARY 20, 2015

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 20, 2015

AN ACT

Amending the act of April 8, 1949 (P.L.418, No.58), entitled,

"An act to provide for and regulate the accumulation,

investment, and expenditure of funds by cities, boroughs,

incorporated towns and townships for preparing plans for

sewage disposal systems, and for the construction,

improvement or replacement of sewage disposal systems for

which plans have been approved by the Sanitary Water Board of

the Commonwealth," further providing for definitions, for

creation of a Sewage Disposal System Fund and for expenditure

of fund; providing for expenditure of public funds for

private lateral sewer lines; and further providing for grants

of moneys.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1 of the act of April 8, 1949 (P.L.418,

No.58), entitled, "An act to provide for and regulate the

accumulation, investment, and expenditure of funds by cities,

boroughs, incorporated towns and townships for preparing plans

for sewage disposal systems, and for the construction,

improvement or replacement of sewage disposal systems for which

plans have been approved by the Sanitary Water Board of the

Commonwealth," is amended to read:

Section 1. Definitions.--[As used in this act, the word or

phrase] The following words and phrases when used in this act

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

" Department " means the Department of Environmental Protection

of the Commonwealth.

"Municipality" means any city, borough, incorporated town, or

township.

"[Municipality] Municipal Authority" means a body politic and

corporate created pursuant to the provisions of the former

Municipality Authorities Act of 1945 [or], the former

Municipality Authorities Act of 1935[.] or 53 Pa.C.S. Ch. 56

(relating to municipal authorities).

" Private Lateral Sewer Line " means a private sewer line

serving a structure or dwelling and carrying sewage wastes from

the structure or dwelling to a sewage disposal system .

"Sewage Disposal System" means a public system for the

disposal of sewage, including all mainlines, pipes, pump

stations and related facilities transporting or carrying the

sewage and all sewage treatment works.

"Special Fund" means a sewage disposal system fund created,

invested and expended in accordance with this act.

"Sanitary Water Board" means the Sanitary Water Board of the

Commonwealth.

Section 2. Sections 2 and 4 of the act are amended to read:

Section 2. Creation of a Sewage Disposal System Fund.--Any

municipality shall have power to create a special fund and to

accumulate therein moneys for expenditure in accordance with the

provisions of this act. [Such] The special fund may consist of,

(1) moneys transferred during any fiscal year from

appropriations made for any particular purpose, which may not be

20150SB0289PN0173 - 2 -

needed, (2) surplus moneys in the general fund of the treasury

of the municipality at the end of any fiscal year, and (3)

moneys appropriated to the fund in the annual budget. All moneys

appropriated or transferred to this special fund shall be used

only for the planning, construction, improvement or replacement

of a sewage disposal system: Provided, That no moneys shall be

used for any construction, improvement or replacement unless the

plans therefor have been approved by the [Sanitary Water Board]

department.

Section 4. Expenditure of Fund.--The moneys in any such

special fund may be expended by the municipality singly, or

jointly with the Federal Government, the Commonwealth or any

department or agency thereof, or with one or more other

municipalities or [municipality] municipal authorities, only for

preparing plans for a sewage disposal system and for the

construction, improvement or replacement of a sewage disposal

system for which plans have been approved by the [Sanitary Water

Board.] department.

Section 3. The act is amended by adding a section to read:

Section 4.1. Expenditure of Public Funds for Private Lateral

Sewer Lines.--(a) A municipality or municipal authority may use

public funds for the improvement, extension, repair or

rehabilitation of private lateral sewer lines connected to

sewage disposal systems, where the municipality or municipal

authority determines that those activities will benefit the

sewage disposal system or the public health, or will prevent

damages to public property.

(b) Before using public funds under subsection (a), the

municipality or municipal authority shall consider the available

public funds, equipment, personnel and facilities and the

20150SB0289PN0173 - 3 -

competing demands of the municipality for the public funds,

equipment, personnel and facilities.

completed the improvement, extension, repair or rehabilitation

of private sewer lines under subsection (a) shall be deemed to

be the owner of the private lateral sewer lines, or to have any

further responsibility to conduct those activities, unless the

municipality or municipal authority makes an affirmative

determination to accept such obligations.

Section 4. Section 5 of the act is amended to read:

Section 5. Grants of Moneys.--Any municipality may

appropriate or transfer moneys to a [municipality] municipal

authority to be used by it for planning, constructing, improving

or replacing a sewage disposal system to serve such

municipality.

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

20150SB0289PN0173 - 4 -