PRIOR PRINTER'S NOS. 969, 1048
PRINTER'S NO. 1852
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
957
Session of
2021
INTRODUCED BY MOUL, MILLARD, JONES, STAATS, ROTHMAN, DAVANZO,
MALONEY, B. MILLER, SCHMITT, COOK, RYAN, JOZWIAK, DIAMOND,
PICKETT, SAYLOR, ECKER, M. MACKENZIE, MASSER, KAUFER, GLEIM,
SCHEMEL, R. MACKENZIE, E. NELSON, HERSHEY, ROWE, ZIMMERMAN
AND T. DAVIS, MARCH 17, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 16, 2021
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)(9) 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:
* * *
(9) To fix, alter, charge and collect rates and other
charges in the area served by its facilities at reasonable
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and uniform rates to be determined exclusively by it for the
purpose of providing for the payment of the expenses of the
authority, the construction, improvement, repair, maintenance
and operation of its facilities and properties and, in the
case of an authority created for the purpose of making
business improvements or providing administrative services, a
charge for such services which is to be based on actual
benefits and which may be measured on, among other things,
gross sales or gross or net profits, the payment of the
principal of and interest on its obligations and to fulfill
the terms and provisions of any agreements made with the
purchasers or holders of any such obligations, or with a
municipality and to determine by itself exclusively the
services and improvements required to provide adequate, safe
and reasonable service, including extensions thereof, in the
areas served. If a meter serves more than one unit, the
authority shall classify the meter as a commercial meter and
bill the meter in the same manner as other commercial
properties in accordance with this subsection, unless the
owner of the property chooses to maintain the current
classification. If the service area includes more than one
municipality, the revenues from any project shall not be
expended directly or indirectly on any other project unless
such expenditures are made for the benefit of the entire
service area. Any person questioning the reasonableness or
uniformity of a rate fixed by an authority or the adequacy,
safety and reasonableness of the authority's services,
including extensions thereof, may bring suit against the
authority in the court of common pleas of the county where
the project is located or, if the project is located in more
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than one county, in the court of common pleas of the county
where the principal office of the project is located. The
court of common pleas shall have exclusive jurisdiction to
determine questions involving rates or service. Except in
municipal corporations having a population density of 300
persons or more per square mile, all owners of real property
in eighth class counties may decline in writing the services
of a solid waste authority. THE OWNER OF MULTIPLE RESIDENTIAL
UNITS THAT ARE SERVED BY A SINGLE WATER METER MAY
PERIODICALLY REQUEST THE AUTHORITY TO ADJUST THE AMOUNT
BILLED BY SHOWING A MINIMUM OF FIVE CONSECUTIVE YEARS OF
ACTUAL USAGE DATA TO DETERMINE IF THE AMOUNT BILLED EXCEEDS
THE ACTUAL USAGE BY 30% OR MORE. IF THE USAGE DATA SHOWS THAT
AN ADJUSTMENT IS NEEDED, THE AUTHORITY SHALL APPROPRIATELY
ADJUST THE BILLING AND USE THE ADJUSTED AMOUNT GOING FORWARD.
WHEN CALCULATING THE NEW AMOUNT, THE AUTHORITY MAY INCLUDE UP
TO 10% OVER THE AMOUNT USED. AFTER AN INITIAL ADJUSTMENT, THE
OWNER MAY NOT REQUEST ANOTHER ADJUSTMENT FOR FIVE YEARS AFTER
THE ADJUSTMENT IS COMPLETED.
* * *
Section 2. This act shall take effect in 60 days.
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