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PRINTER'S NO. 575
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
550
Session of
2017
INTRODUCED BY READSHAW, McNEILL, LONGIETTI, KORTZ, D. COSTA,
DeLUCA, DEASY AND THOMAS, FEBRUARY 17, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 17, 2017
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, for investment of
fund and for expenditure of fund; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1, 2, 3, 4 and 6 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," are amended to read:
Section 1. Definitions.--[As used in this act, the word or
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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, carrying sewage wastes from the
structure or dwelling to a public sewer line.
"Public Fund" means a sewage disposal system fund created,
invested and expended in accordance with this act.
"Sewage Disposal System" means a system for the disposal of
sewage, including all pipes 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. Creation of a Sewage Disposal System Fund.--Any
municipality shall have power to create a [special] public fund
and to accumulate therein moneys for expenditure in accordance
with the provisions of this act. Such [special] public fund may
consist of, (1) moneys transferred during any fiscal year from
appropriations made for any particular purpose, which may not be
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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] public 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 3. Investment of Fund.--The moneys in the fund shall
be kept separate and apart from any other fund, by the treasurer
of the municipality, and the moneys in the [special] public fund
may be invested by the corporate authorities of the municipality
in obligations issued by the United States of America and
general obligation bonds of the Commonwealth of Pennsylvania or
and political subdivision thereof. All income derived from any
investment of the said fund shall be paid into the [special]
public fund. The corporate authorities may sell any such
securities and reinvest the moneys in other securities, or
convert such securities into cash when the same may be needed
for expenditure under the provisions of this act.
Section 4. Expenditure of Fund.--
(1) 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.
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(2) Municipalities and municipal authorities shall have the
right, but not the duty, in their sole discretion, to use public
funds for the improvement, extension, repair or rehabilitation
of private lateral sewer lines connected to public sewer
systems, where the municipality or municipal authority
determines that such activities will benefit the public sewer
system. No municipality or municipal authority which has
completed such activities shall be deemed to be the owner of
such private lateral sewer lines, or to have any further
responsibility to conduct such activities, unless a municipality
or municipal authority makes an affirmative determination to
accept such obligations.
Section 6. Funds Heretofore Created.--Where any municipality
has, prior to the effective date of this act, created a
[special] public fund, or set moneys aside, for construction of
a sewage disposal system, such action of the municipality is
hereby ratified, confirmed and validated, and the moneys in such
fund, or so set aside, shall be placed in a [special] public
fund, shall be invested and shall be expended only in accordance
with the provisions of this act.
Section 2. This act shall take effect in 60 days.
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