PRINTER'S NO. 1536
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1269
Session of
2017
INTRODUCED BY QUIGLEY, CORR, GODSHALL, KAMPF, ORTITAY, TOEPEL
AND ZIMMERMAN, APRIL 24, 2017
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 24, 2017
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in municipal authorities, further
providing for purposes and powers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5607(d)(24)(i)(C)(VI)(b) of Title 53 of
the Pennsylvania Consolidated Statutes is amended to read:
ยง 5607. Purposes and powers.
* * *
(d) Powers.--Every authority may exercise all powers
necessary or convenient for the carrying out of the purposes set
forth in this section, including, but without limiting the
generality of the foregoing, the following rights and powers:
* * *
(24) To charge enumerated fees to property owners who
desire to or are required to connect to the authority's sewer
or water system. Fees shall be based upon the duly adopted
fee schedule which is in effect at the time of payment and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
shall be payable at the time of application for connection or
at a time to which the property owner and the authority
agree. In the case of projects to serve existing development,
fees shall be payable at a time to be determined by the
authority. An authority may require that no capacity be
guaranteed for a property owner until the tapping fees have
been paid or secured by other financial security. The fees
shall be in addition to any charges assessed against the
property in the construction of a sewer or water main by the
authority under paragraphs (21) and (22) as well as any other
user charges imposed by the authority under paragraph (9),
except that no reservation of capacity fee or other similar
charge shall be imposed or collected from a property owner
who has applied for service unless the charge is based on
debt and fixed operating expenses. A reservation of capacity
fee or other similar charge may not exceed 60% of the average
sanitary sewer bill for a residential customer in the same
sewer service area for the same billing period. Any authority
opting to collect a reservation of capacity fee or other
similar charge may not collect the tapping fee until the time
as the building permit fee is due. Tapping fees shall not
include costs included in the calculation of any other fees,
assessments, rates or other charges imposed under this act.
(i) The fees may include any of the following if
they are separately set forth in a resolution adopted by
the authority:
* * *
(C) Tapping fee. A tapping fee shall not exceed
an amount based upon some or all of the following
parts which shall be separately set forth in the
20170HB1269PN1536 - 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
resolution adopted by the authority to establish
these fees. In lieu of payment of this fee, an
authority may require the construction and dedication
of only such capacity, distribution-collection or
special purpose facilities necessary to supply
service to the property owner or owners.
* * *
(VI) Separate accounting for future facility
costs. Any portion of tapping fees collected
which, based on facilities to be constructed or
acquired in the future in accordance with this
section, shall be separately accounted for and
shall be expended only for that particular
facility or a substitute facility accomplishing
the same purpose which is commenced within the
same period. Such accounting shall include, but
not be limited to, the total fees collected as a
result of including facilities to be constructed
in the future, the source of the fees collected
and the amount of fees expended on specific
facilities. The proportionate share of tapping
fees based upon facilities to be constructed or
acquired in the future under this section shall
be refunded to the payor of such fees within 90
days of the occurrence of the following:
* * *
(b) the facilities have not been placed
into service within seven years, or, for an
authority which provides service to five or
more municipalities, the facilities have not
20170HB1269PN1536 - 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
been placed into service within [15] 20 years,
after adoption of a resolution which imposes
tapping fees which are based upon facilities
to be constructed or acquired in the future.
Any refund of fees held for [15] 20 years
shall include interest for the period the
money was held.
* * *
Section 2. This act shall take effect in 60 days.
20170HB1269PN1536 - 4 -
1
2
3
4
5
6
7
8
9