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A00948
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1184
Session of
2021
INTRODUCED BY MOUL, JAMES, KNOWLES, FREEMAN AND SAPPEY,
APRIL 15, 2021
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 5, 2021
AN ACT
Amending Title 8 (Boroughs and Incorporated Towns) of the
Pennsylvania Consolidated Statutes, in creation and
alteration, further providing for definitions, for contiguous
areas, for applications, for borough advisory committee, for
adjustment of indebtedness, for judicial adjustment, for
judicial adjustment award proceedings, for compensation,
expenses and costs, for territory located in multiple
counties and for bond issues and taxation; in associations
and organizations, further providing for associations and
organizations for mayors; in elections of officers, further
providing for eligibility; 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; and, in
ordinances, further providing for ordinances and resolutions
and for publication.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 704(a) and (b), 801(a), 1104(c), 1122(a)
and 1202(8) of Title 8 of the Pennsylvania Consolidated Statutes
are amended to read:
Section 1. Section 200 of Title 8 of the Pennsylvania
Consolidated Statutes, amended June 5, 2020 (P.L.211, No.28), is
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amended to read:
§ 200. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." A borough advisory committee.
"Freeholder." A person enjoying a continuous right of
ownership and possession of real property for an indeterminate
period by fee simple or life estate.
["Township." A township of the first or second class or any
home rule township.]
"Municipality." A city, incorporated town, township, home
rule municipality, optional plan municipality, optional charter
municipality or similar general purpose unit of government which
may be created or authorized by statute.
Section 2. Sections 201, 202, 202.1 and 213 of Title 8 are
amended to read:
§ 201. Contiguous areas.
A court of common pleas may incorporate as a borough any
contiguous area from one or more [townships] municipalities
within the court's jurisdiction having a population of at least
500 residents. After having been incorporated as a borough, the
area shall be a body corporate and politic and shall have the
name decreed by the court.
§ 202. Applications.
(a) Petition.--The following shall apply:
(1) The application for incorporation shall be by a
petition signed by a majority of the freeholders residing
within the limits of the proposed borough and by the
freeholders of a majority of the territory within the limits
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of the proposed borough, if all parts of the proposed borough
are in the same [township] municipality.
(2) If portions of the proposed borough are in different
[townships] municipalities, the petition shall be signed by a
majority of the freeholders residing in each of the separate
portions and by the freeholders of a majority of the
territory in each of the separate portions. The following
shall apply:
(i) The signatures must be secured within three
months immediately preceding the presentation of the
signatures to the court.
(ii) The petition shall be subscribed by and sworn
to by at least one of the signers.
(iii) The number of signers required to sign the
petition shall be ascertained as of the date the petition
was presented to court.
(b) (Reserved).
(c) (Reserved).
(d) (Reserved).
(e) Filing and notice.--Upon presentation to the court, a
petition shall be filed with the clerk of court, and notice of
the petition shall be published under section 109 (relating to
publication of notices) once a week for four consecutive weeks
immediately following the filing of the petition, during which
time exceptions may be filed to the petition by any person
interested. The notice shall state when and where the petition
was filed and the time during which exceptions may be filed to
the petition.
(f) Contents of petition.--The petition under subsection (e)
shall indicate the name of the proposed borough with a
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particular description of the boundaries of the borough and be
accompanied with a plot of the proposed borough. The following
shall apply:
(1) If the boundaries of the proposed borough are not
the same as an existing [township] municipality, the
description shall contain the courses and distances of the
boundaries.
(2) If the boundaries of the proposed borough are the
same as an existing [township] municipality, the description:
(i) may contain the courses and distances of the
boundaries; and
(ii) shall refer to the name and location of the
existing [township] municipality.
§ 202.1. Borough advisory committee.
(a) Establishment.--The court shall establish a borough
advisory committee when a petition is received by the court for
the creation of a borough. The following shall apply to
committee members:
(1) Members shall be appointed by and shall serve at the
pleasure of the court.
(2) The committee shall consist of the following:
(i) Two residents of the proposed borough.
(ii) Two residents from each of the existing
[townships] municipalities recommended by the respective
governing body of the [township] municipality who are not
residing within the proposed borough.
(iii) One resident of the county not residing in any
area under subparagraphs (i) and (ii) who shall serve as
the chair of the committee.
(3) Members shall serve without salary. The court may
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entitle each member to reimbursement for the member's actual
and necessary expenses incurred in the performance of the
member's official duties.
(4) Members may consult with the director of the county
planning commission who may advise the committee.
(b) Duties.--The committee shall, within 60 days of its
creation, advise the court in relation to the establishment of
the proposed borough. The committee shall render expert advice
and findings of fact relating to the desirability of an
incorporation, including advice as to:
(1) The proposed borough's ability to obtain or provide
adequate and reasonable community support services such as
police protection, fire protection and other appropriate
community facility services.
(2) Whether the proposed borough constitutes a
harmonious whole with common interests and needs that can
best be served by a borough government. In examining this
factor, the committee shall consider whether the proposed
borough represents a distinct community with features
different from those of the existing [township] municipality.
(3) The existing and potential commercial, residential
and industrial development of the proposed borough.
(4) Whether the proposed borough would provide for land
use regulations to meet the legitimate needs for all
categories of residents or whether the plan is exclusionary
or would result in economic segregation.
(5) The financial or tax effect on the proposed borough
and existing [township] municipality.
§ 213. Adjustment of indebtedness.
(a) Property.--The following shall apply:
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(1) After the election of a council under section 211
(relating to temporary preservation, organization and
election of officers) when a borough is newly incorporated,
the council and the governing body of the [township]
municipality from which the borough was created shall make an
equitable adjustment and apportionment of all the public real
and personal property owned by the [township] municipality at
the time of the incorporation of the borough.
(2) Except as provided under paragraph (3), the property
under paragraph (1) shall include funds and indebtedness.
(3) If adjusting property and indebtedness under
paragraph (1), streets, sewers and utilities may not be
considered except to the extent that current and unpaid
indebtedness was incurred for the construction and
improvement of the property.
(b) Proportion.--In making the adjustment and apportionment
under subsection (a), the following shall apply:
(1) The borough shall be entitled to a division of the
property and indebtedness in the same proportion that the
assessed valuation of the taxable real estate included within
the territorial limits of the newly incorporated borough
bears to the assessed valuation of the taxable real estate in
the entire [township] municipality immediately prior to the
incorporation of the borough. The [township] municipality
shall be entitled to the remainder of the property and
indebtedness.
(2) If indebtedness was incurred by the [township]
municipality for an improvement located wholly within the
territorial limits of the newly incorporated borough, the
indebtedness shall be assumed by the borough.
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(3) If only part of the improvement is located within
the newly incorporated borough, the part of the indebtedness
representing the part of the improvement located within the
borough shall be assumed by the borough, and the adjustment
and apportionment of any remaining debt shall be retained by
the [township] municipality.
(c) Form.--The adjustment and apportionment made under this
section must meet all of the following:
(1) Be in writing and duly executed and acknowledged by
the secretary or clerk of the [township] municipality and the
secretary of the borough.
(2) Be filed in the office of the clerk of the court of
common pleas of the county.
(3) Be filed as a copy with the Department of Community
and Economic Development.
Section 3. Section 214 of Title 8, amended June 5, 2020
(P.L.211, No.28), is amended to read:
§ 214. Judicial adjustment.
(a) Petition.--If the governing bodies of the [township]
municipality and the borough cannot make an amicable adjustment
and apportionment of the property and indebtedness within six
months after the government of the newly incorporated borough is
established, the supervisors or commissioners of the [township]
municipality or the council of the borough may present a
petition to the court of common pleas requesting a judicial
adjustment.
(b) Appointment.--After receiving a petition under
subsection (a), the court shall appoint three disinterested
commissioners who meet all of the following requirements:
(1) Are residents and taxpayers of the county.
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(2) Are not residents of or own real estate in the
[township] municipality or borough.
(c) Report.--The individuals appointed under subsection (b)
shall hold a hearing and make a report to the court containing
an adjustment and apportionment of all the property and the
indebtedness between the [township] municipality and the
borough. Notice shall be made to the [township] municipality and
borough as provided by the court. The report shall state the
amount due and payable from the borough or the [township]
municipality to the other entity and the amount of indebtedness
that shall be assumed by the borough or the [township]
municipality.
Section 4. Sections 215, 217, 218, 219, 704(a) and (b),
801(a), 1104(c), 1122(a) and 1202(8) of Title 8 are amended to
read:
§ 215. Judicial adjustment award proceedings.
(a) Notice.--The commissioners shall give the [township]
municipality and the borough at least five days' notice of the
filing of the report under section 214(c) (relating to judicial
adjustment).
(b) Exceptions.--Unless exceptions are filed to the report
within 30 days after the date of the filing, the report shall be
confirmed by the court.
(c) Effect.--The following shall apply:
(1) Any sum awarded by the report to the [township]
municipality or borough shall be a legal and valid claim in
its favor against the borough or [township] municipality
charged with the sum.
(2) Any real or personal property given to the
[township] municipality or borough shall become its
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respective property.
(3) Any claim or indebtedness charged against the
borough or [township] municipality may be collected from the
borough or the [township] municipality.
§ 217. Compensation, expenses and costs.
The commissioners under section 214(b) (relating to judicial
adjustment) shall receive compensation and expenses for their
services as provided by the court. The costs of the proceedings,
including the compensation and expenses of the commissioners,
shall be apportioned by the court between the borough and
[township] municipality.
§ 218. Territory located in multiple counties.
If territory included within the limits of a newly
incorporated borough is located in at least two counties, the
court of common pleas of the county where the larger part of the
territory of the borough is located shall have exclusive
jurisdiction over the proceedings to adjust and apportion the
indebtedness between the borough and [township] municipality.
§ 219. Bond issues and taxation.
In any proceeding to adjust and apportion indebtedness, the
[township] municipality or the borough shall have power to issue
and deliver to the borough or [township] municipality interest-
bearing bonds in liquidation of the indebtedness ascertained, to
be its proportionate share payable, if the bonds are acceptable
to the borough or [township] municipality or [townships]
municipalities entitled to receive the bonds. The court may make
necessary orders for the collection and payment by the
[township] municipality or [townships] municipalities or borough
of the amount needed to pay its share of any indebtedness
apportioned to it by special taxes to be collected in one year
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or by annual installments.
§ 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
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
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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.
* * *
§ 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
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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
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
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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
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 5. Section 1316(c) of Title 8 is amended by adding
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a paragraph to read:
§ 1316. Investment of funds.
* * *
(c) Authorized types of investments.--Authorized types of
investments for borough funds are:
* * *
(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 6. 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:
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"Municipal authority." A body politic and corporate created
under 53 Pa.C.S. Ch. 56 (relating to municipal authorities).
"Municipal waste." As defined in the act of July 28, 1988
(P.L.556, No.101), known as the Municipal Waste Planning,
Recycling and Waste Reduction Act.
§ 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) shall
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
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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.
The following shall apply:
(1) Council may acquire any 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
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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
(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 pursuant to 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 shall 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 7. Sections 3301.1(b)(2) and 3301.2(a) of Title 8
are amended to read:
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§ 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:
* * *
[(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 8. This act shall take effect in 60 days.
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