PRINTER'S NO. 800
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
753
Session of
2023
INTRODUCED BY KEARNEY, HUTCHINSON, DUSH, BROWN AND COMITTA,
JUNE 1, 2023
REFERRED TO LOCAL GOVERNMENT, JUNE 1, 2023
AN ACT
Amending Title 8 (Boroughs and Incorporated Towns) of the
Pennsylvania Consolidated Statutes, in associations and
organizations, further providing for associations and
organizations for mayors; in elections of officers, further
providing for eligibility, for officers elected and for
decrease in number of members of council; in powers, duties
and rights of appointed officers and employees, further
providing for appointments and incompatible offices and for
police serving under cooperative agreement or contract; in
corporate powers, further providing for specific powers; in
taxation and finance, further providing for investment of
funds; providing for solid waste collection and disposition;
in ordinances, further providing for ordinances and
resolutions and for publication; and making an editorial
change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 704(a) and (b), 801(a), 806(a)(4), 818,
1104(c), 1122(a) and 1202(8) of Title 8 of the Pennsylvania
Consolidated Statutes are amended to read:
§ 704. Associations and organizations for mayors.
(a) Authorization.--A mayor may join [a] any mayors'
association[, and council] in Pennsylvania. Council shall pay
reasonable dues [of up to] not to exceed $100 [for each mayor
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belonging to the mayors' association] if requested by the mayor.
The mayor may attend the annual meeting of the mayors'
association, which shall be held in this Commonwealth in
accordance with the procedure adopted by the mayors'
association.
(b) Expenses.--A mayor [may] shall , if requested, receive
the following expenses for attending the annual meeting under
subsection (a):
(1) The registration fee.
(2) Lodging, meals and mileage for use of a personal
vehicle or reimbursement of actual transportation expenses
going to and returning from the meeting.
(3) Any actual expenses that the council may have agreed
to pay.
* * *
§ 801. Eligibility.
(a) Residency.--The following shall apply:
(1) [Except as provided under subsection (c), only] Only
registered electors of the borough shall be eligible to
elective borough offices.
(2) [Before] Except as provided under subsection (c) and
53 Pa.C.S. § 1142 (relating to residency during military
service), before being sworn into office, each elected
borough officer shall present a signed affidavit to the
borough secretary that states that the officer resides in the
borough, or within the ward in the case of a ward office,
from which elected and has resided in the borough
continuously for at least one year immediately prior to the
officer's election.
* * *
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§ 806. Officers elected.
(a) Officers.--The electors of the borough may elect:
* * *
(4) [As follows:
(i)] Except as provided [under subparagraph (ii)] in
section 818 (relating to change in number of members of
council), in boroughs not divided into wards, seven
members of council.
[(ii) In a borough with a population of less than
3,000 as determined by the latest official census, the
total number of members of council may be reduced from
seven to five or to three upon petition to the court of
common pleas, as provided under section 818 (relating to
decrease in number of members of council).]
* * *
§ 818. [Decrease] Change in number of members of council.
(a) Petition by electors.--The court of common pleas shall,
upon petition of at least 5% of the registered electors of any
borough not divided into wards[, which, according to the latest
official census, had a population of not more than 3,000],
certify the question of a proposal to reduce the total number of
members of council for the borough [from seven] to five or [to]
three or increase the total number of members of council for the
borough to five or seven, as specified by the petition, to the
board of election of the county for a referendum vote of the
residents at the next general election held not sooner than the
thirteenth Tuesday after the date of the petition. The
sufficiency of the number of signers to the petition shall be
ascertained as of the date when the petition is presented to
court. Upon receipt of the certified election results, the court
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shall enter a final decree granting or denying the request of
the petitioners. A petition under this section may not be
considered more than once in five years.
(c) [Number to be elected.--
(1) At the municipal election following the decrease in
the number of members of council from seven to five:
(i) If four members of council would otherwise have
been elected, three members shall be elected.
(ii) If three members of council would otherwise
have been elected, two members shall be elected.
(2) At the second municipal election following the
decrease in the number of members of council:
(i) If four members of council would otherwise have
been elected, three members shall be elected.
(ii) If three members of council would otherwise
have been elected, two members shall be elected.
(3) At all following municipal elections, the proper
number of members of council shall be elected to correspond
to the number of members of council whose terms are to expire
the first Monday of the following January.
(d) Election.--
(1) At the municipal election following the decrease in
the number of members of council from seven to three:
(i) If four members of council would otherwise have
been elected, two members shall be elected.
(ii) If three members of council would otherwise
have been elected, one member shall be elected.
(2) At the second municipal election following the
decrease in the number of members of council in the borough:
(i) If four members of council would otherwise have
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been elected, two members shall be elected.
(ii) If three members of council would otherwise
have been elected, one member shall be elected.
(3) At all the following municipal elections, the proper
number of members of council shall be elected to correspond
to the number of members of council whose terms are to expire
the first Monday of the following January.] Number to be
elected by decree.--In its decree under subsection (a), the
court shall establish a schedule for the subsequent election
of council members at the next two municipal elections. The
members of council then in office shall remain in office
until the end of their respective terms. Thereafter, the
schedule may provide that the initial term of one or more of
the council members subsequently elected be reduced to
accommodate a schedule of staggered at-large elections to
eventually ensure that, as nearly as possible, one-half of
the members of council elected will be elected at each
municipal election. At all following municipal elections, the
proper number of members of council shall be elected to
correspond to the number of members of council whose terms
are to expire the first Monday of the following January.
(d) (Reserved).
(e) Terms.--In any borough in which, under this section, the
number of members of council shall be reduced or increased, the
members of council then in office shall remain in office until
the end of their respective terms. [If a borough attains a
population in excess of 3,000 according to the latest official
census, the number of members of council shall automatically be
increased from three or five to seven, following the reverse of
the procedure set forth in subsection (c) or (d).]
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§ 1104. Appointments and incompatible offices.
* * *
(c) Multiple offices.--If there is no incompatibility in
fact [and subject to subsection (a) as to compensation],
appointees of council may hold two or more appointive borough
offices, but no mayor or member of council may serve as borough
manager, secretary or treasurer.
* * *
§ 1122. Police serving under cooperative agreement or contract.
(a) General rule.--If a borough enters into a cooperative
agreement or contract with any municipal corporation, regional
police force or other governmental entity created by two or more
municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A
(relating to intergovernmental cooperation) for the furnishing
or receiving of police protection as authorized by section
[1202(35)] 1202(24) (relating to specific powers), the police
force of the municipal corporation, regional police force or
other governmental entity furnishing the police protection shall
be appointed and accepted as the police force of the borough
receiving the police service by resolution of the council.
* * *
§ 1202. Specific powers.
The powers of the borough shall be vested in the council. In
the exercise of any specific powers involving the enactment of
an ordinance or the making of any regulation, restriction or
prohibition, the borough may provide for enforcement and
penalties for violations. The specific powers of the borough
shall include the following:
* * *
(8) [To provide for garbage and other refuse material as
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follows:
(i) To prohibit, individually or jointly with other
municipal corporations pursuant to an agreement,
accumulations of garbage or other refuse material upon
public and private property and to make regulations for
the care, removal and collection of garbage or other
refuse material, including:
(A) To provide for the collection and imposition
of reasonable fees and charges for the collection of
garbage and other refuse material.
(B) To erect, operate and maintain refuse
disposal or incineration facilities or sanitary
landfills, either within or without the limits of the
borough, or provide other means for the collection,
destruction or removal of garbage and other refuse
material and provide for the payment of the cost or
expense of the activity, either in whole or in part,
out of the funds of the borough.
(C) To purchase real estate for the purpose of
erecting, operating and maintaining refuse disposal
or incineration facilities or sanitary landfills if,
prior to any acquisition of property pursuant to this
paragraph, the borough, individually or jointly, as
the case may be, obtains the approval of the court of
common pleas for the location of the facilities or
landfill after a hearing and subject to notice as the
court shall require. If no objections are heard at
the hearing, the court shall approve the location. If
any objection is made, the court shall proceed to
hear the matter and determine whether the location is
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a detriment to neighboring properties. The finding of
the court shall be conclusive but in no way shall
adjudicate any question relating to damages for
injury to property.
(D) To take and appropriate real estate for
purposes of refuse disposals or incineration
facilities or sanitary landfills in accordance with
Chapter 15 (relating to eminent domain, assessment of
damages and damages for injury to property) if a
purchase price cannot first be agreed upon. No real
estate located outside the limits of the borough or
outside the limits of the joint municipal
corporations in the case of a joint effort shall be
taken and appropriated if the real estate currently
contains or is being used for a refuse disposal or
incineration facility or a sanitary landfill.
(ii) Regulations enacted under this paragraph shall
be consistent with the act of July 7, 1980 (P.L.380,
No.97), known as the Solid Waste Management Act, the act
of July 28, 1988 (P.L.556, No.101), known as the
Municipal Waste Planning, Recycling and Waste Reduction
Act, and subject to any other necessary Federal or State
approval.] (Reserved).
* * *
Section 2. Section 1316(c) of Title 8 is amended by adding a
paragraph to read:
§ 1316. Investment of funds.
* * *
(c) Authorized types of investments.--Authorized types of
investments for borough funds are:
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* * *
(9) An investment authorized by the act of July 25, 1973
(P.L.217, No.53), entitled "An act authorizing cities of the
first class and second class to invest all funds received and
deposited with the city treasurer in certain commercial paper
under certain terms and conditions; and providing for
investment of public corporation or municipal authority
funds."
* * *
Section 3. Title 8 is amended by adding a chapter to read:
CHAPTER 25B
SOLID WASTE COLLECTION AND DISPOSITION
Sec.
25B01. Definitions.
25B02. Accumulation of municipal waste.
25B03. Collection and removal.
25B04. Disposal.
25B05. Acquisition of real property and facilities.
25B06. Rates and charges.
25B07. Appropriations.
25B08. Exclusion from other laws.
§ 25B01. 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:
"Municipal authority." A body politic and corporate created
under 53 Pa.C.S. Ch. 56 (relating to municipal authorities).
"Municipal waste." As defined in section 103 of the act of
July 28, 1988 (P.L.556, No.101), known as the Municipal Waste
Planning, Recycling and Waste Reduction Act.
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§ 25B02. Accumulation of municipal waste.
Council, in the manner authorized by the act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act, and
the act of July 28, 1988 (P.L.556, No.101), known as the
Municipal Waste Planning, Recycling and Waste Reduction Act, may
prohibit accumulations of municipal waste upon public and
private property, including the imposition and collection of
reasonable fees and charges for the collection, removal and
disposal of municipal waste.
§ 25B03. Collection and removal.
(a) General rule.--Council may collect and remove, by
contract or otherwise, municipal waste and recyclables and
prescribe penalties for the enforcement of the collection and
removal.
(b) Contract length.--A contract with refuse haulers may be
made for an initial period not to exceed five years with
optional renewal periods of up to five years.
(c) Limitation.--The limitation under subsection (b) does
not apply to a contract with a political subdivision or
municipal authority.
§ 25B04. Disposal.
(a) General rule.--Council may dispose of, by contract or
otherwise, municipal waste.
(b) Contract length.--A contract with the owner of a private
facility for the disposal or incineration of municipal waste may
be made for a period not to exceed 20 years.
(c) Exemption.--The limitation under subsection (b) shall
not apply to a contract with a political subdivision or
municipal authority.
§ 25B05. Acquisition of real property and facilities.
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The following shall apply:
(1) Council may acquire real property and erect,
maintain, improve, operate and lease, either as lessor or
lessee, facilities for incineration, landfill or other
methods of disposal, either inside or outside the limits of
the borough, including equipment, either separately or
jointly, with a political subdivision or municipal authority
in order to provide for the collection, removal, disposal and
destruction of municipal waste, for the collection and
storage of recyclable materials or for the composting of leaf
and yard waste.
(2) Council may provide for the payment of the cost,
either in whole or part, out of the funds of the borough.
(3) Council may acquire land for landfill purposes,
either amicably or by exercising the power of eminent domain,
and may maintain lands and places for the dumping of
municipal waste.
(4) If council acquires land outside the limits of the
borough by exercising the power of eminent domain, the taking
shall be subject to the limitations in 26 Pa.C.S. § 206
(relating to extraterritorial takings).
§ 25B06. Rates and charges.
(a) Council authorization.--Council may establish, alter,
charge and collect rates and other charges for the:
(1) collection, removal and disposal of municipal waste
and recyclable materials;
(2) cost of including the payment of any indebtedness
incurred for the construction, purchase, improvement, repair,
maintenance and operation of any facilities for collection,
removal and disposal; and
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(3) amount due under a contract with a political
subdivision or municipal authority furnishing the services or
facilities.
(b) Method of collection.--The rates and other charges shall
be collected under the act of May 16, 1923 (P.L.207, No.153),
referred to as the Municipal Claim and Tax Lien Law, by a civil
action, or any other collection method authorized by law.
§ 25B07. Appropriations.
Council may make appropriations to a political subdivision or
municipal authority for the construction, purchase, improvement,
repair, maintenance and operation of a facility for the
collection, removal, disposal or marketing of municipal waste,
recyclable materials or composted leaf and yard waste.
§ 25B08. Exclusion from other laws.
A borough may not be subject to requirements otherwise
imposed by law for the sale of personal property owned by the
borough when selling recyclable materials or materials
separated, collected, recovered or created by recycling, as
provided in the act of April 9, 1992 (P.L.70, No.21), entitled
"An act excluding the sale of recyclable material from political
subdivision personal property sale restrictions relating to
advertising and bidding."
Section 4. Sections 3301.1(b)(2) and 3301.2(a) of Title 8
are amended to read:
§ 3301.1. Ordinances and resolutions.
* * *
(b) Legislative acts.--Every legislative act of council must
be by ordinance. Legislative acts shall include, but not be
limited to:
* * *
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[(2) General appropriation ordinances.]
* * *
§ 3301.2. Publication.
(a) Requirements.--Except as provided under this part or
other law, council shall publish every proposed ordinance once
in one newspaper of general circulation [for at least] no less
than seven days and [not] no more than 60 days [prior to
enactment] prior to the day when council shall vote on the
proposed ordinance. Publication of any proposed ordinance shall
include all of the following:
(1) The full text or the title of the ordinance and a
brief summary prepared by the borough solicitor setting forth
all the provisions in reasonable detail.
(2) A reference to the borough office or other place
where borough records are kept where copies of the proposed
ordinance may be examined.
* * *
Section 5. This act shall take effect in 60 days.
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