PRINTER'S NO. 2771
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2147
Session of
2024
INTRODUCED BY FLEMING, MADSEN, SANCHEZ, FREEMAN, DONAHUE,
MALAGARI, HILL-EVANS, SHUSTERMAN, GREEN, KIM, DALEY, STURLA,
BOROWSKI AND SCOTT, MARCH 25, 2024
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 25, 2024
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in municipal authorities, further
providing for definitions and for purposes and powers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5602 of Title 53 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 5602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Impervious surface." As follows:
(1) An area, material, structure, surface or improvement
that does not allow or that reduces or prevents infiltration
of water into soil.
(2) The term includes:
(i) Compacted dirt, gravel, concrete or asphalt.
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(ii) A roadway, sidewalk, parking lot, driveway,
patio, roof, garage or storage shed.
* * *
Section 2. Section 5607(d)(34) of Title 53 is amended to
read:
§ 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:
* * *
(34) In the case of an authority that performs storm
water planning, management and implementation, to charge or
impose reasonable and uniform rates [may be based in whole or
in part on property characteristics, which may include
installation and maintenance of best management practices
approved and inspected by the authority.] to owners of
property that benefit from the services. The following apply:
(i) The rates may be based in whole or in part on
property characteristics, which may include the measure
of a property's impervious surface as determined by the
authority or the installation and maintenance of best
management practices approved and inspected by the
authority.
(ii) All properties containing an impervious surface
are presumed to benefit from an authority's storm water
planning, management and implementation.
(iii) The rates may be charged by one or a
combination of the following methods:
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(A) On all properties located in the service
area of the authority.
(B) On all properties that are served by or
benefit from a specific storm water project or plan.
(C) By establishing a storm water management
district and charging the rate on the owners of all
properties within the district.
(iv) The rates may be charged or imposed on the
Commonwealth or a department, board, commission or
instrumentality of the Commonwealth for property owned by
the Commonwealth or the department, board, commission or
instrumentality of the Commonwealth.
(v) An entity otherwise exempt from taxation shall
not be excused from payment of the rates solely on the
basis of the tax-exempt status of the entity.
* * *
Section 3. This act shall take effect immediately.
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