PRIOR PRINTER'S NO. 1081 PRINTER'S NO. 1328
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.990
Session of
2025
INTRODUCED BY STRUZZI, FREEMAN AND ZIMMERMAN, MARCH 24, 2025
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 9, 2025
AN ACT
Amending Titles 8 (Boroughs and Incorporated Towns) and 11
(Cities) of the Pennsylvania Consolidated Statutes, in storm
sewers and watercourses, further providing for authority of
boroughs and for manner of financing work; providing for
storm water management plans and facilities for incorporated
towns; and, in watercourses, flood protection projects and
storm water systems, further providing for establishing and
changing watercourses, flood protection projects and storm
water systems and for a ssessment of benefits and liens.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2201 of Title 8 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 2201. Authority of boroughs.
* * *
(c) Ordinances.--A borough may enact and enforce ordinances
to govern and regulate the planning, management, implementation,
construction and maintenance of storm water facilities.
Section 2. Section 2203 of Title 8 is amended to read:
§ 2203. Manner of financing work.
(a) Financing.--A borough may pay for the costs and expenses
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21 of any work or activity authorized under section 2201 (relating
to authority of boroughs) wholly or in part from money of the
borough available for the purpose.
(b) Assessments.--To the extent that a borough does not
receive assistance from the Federal, State or county government
for the costs and expenses of the work, the borough may assess
the benefited properties located within the drainage area of the
watercourse in accordance with Chapter 21A (relating to
assessments and charges for public improvements).
(c) Fees.--For the purposes of funding the construction,
maintenance and operation of storm water management facilities,
systems and management plans authorized under this chapter, a
borough may assess reasonable and uniform fees based in whole or
in part on the characteristics of the property benefited by the
facilities, systems and management plans. In establishing the
fees, the borough shall consider and provide appropriate
exemptions or credits for properties that have installed and are
maintaining storm water facilities that meet best management
practices and are approved or inspected by the borough. The
assessed fees shall be filed with the borough treasurer. An
ordinance shall specify whether payments are to be made by
annual or more frequent installments.
(C) FEES.--
(1) FOR THE PURPOSES OF FUNDING THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF STORM WATER MANAGEMENT
FACILITIES, SYSTEMS AND MANAGEMENT PLANS AUTHORIZED UNDER
THIS CHAPTER, A BOROUGH MAY ASSESS REASONABLE AND UNIFORM
FEES BASED IN WHOLE OR IN PART ON THE CHARACTERISTICS OF THE
PROPERTY BENEFITED BY THE FACILITIES, SYSTEMS AND MANAGEMENT
PLANS.
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30 (2) IN ESTABLISHING THE FEES, THE BOROUGH MAY INCLUDE A
MEASURE OF A PROPERTY'S IMPERVIOUS SURFACE AS DETERMINED BY
THE BOROUGH. ALL PROPERTIES CONTAINING IMPERVIOUS SURFACE ARE
PRESUMED TO BENEFIT FROM THE BOROUGH'S STORM WATER PLANNING,
MANAGEMENT AND IMPLEMENTATION. FOR PURPOSES OF THIS
PARAGRAPH, THE TERM "IMPERVIOUS SURFACE" MEANS AN AREA,
MATERIAL, STRUCTURE, SURFACE OR IMPROVEMENT THAT DOES NOT
ALLOW OR THAT REDUCES OR PREVENTS INFILTRATION OF WATER INTO
SOIL, INCLUDING COMPACTED DIRT, GRAVEL, CONCRETE, ASPHALT,
ROADS, SIDEWALKS, PARKING LOTS, DRIVEWAYS, PATIOS, ROOFS,
GARAGES AND STORAGE SHEDS.
(3) IN ESTABLISHING THE FEES, THE BOROUGH SHALL CONSIDER
AND PROVIDE APPROPRIATE EXEMPTIONS OR CREDITS FOR PROPERTIES
THAT HAVE INSTALLED AND ARE MAINTAINING STORM WATER
FACILITIES THAT MEET BEST MANAGEMENT PRACTICES AND ARE
APPROVED OR INSPECTED BY THE BOROUGH. THE ASSESSED FEES SHALL
BE FILED WITH THE BOROUGH TREASURER. AN ORDINANCE SHALL
SPECIFY WHETHER PAYMENTS ARE TO BE MADE BY ANNUAL OR MORE
FREQUENT INSTALLMENTS.
(d) Methods of assessment.--A fee levied by the borough may
be assessed in one of the following methods:
(1) On all properties in the borough.
(2) On all properties benefited by a specific storm
water project.
(3) By establishing a storm water management district
and assessing the fee on all property owners in the district.
(e) Use.--A fee collected for the purposes of storm water
management may only be used for the purposes authorized under
this chapter.
Section 3. Title 8 is amended by adding a part to read:
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30 PART II
INCORPORATED TOWNS
Chapter
41. (Reserved)
74. Storm Water Management Plans and Facilities
CHAPTER 41
(Reserved)
CHAPTER 74
STORM WATER MANAGEMENT PLANS AND FACILITIES
Sec.
7401. Storm water management systems authorized.
7402. Construction of storm water management facilities.
7403. System management.
7404. Ordinances.
7405. Fees.
§ 7401 . Storm water management systems authorized.
The town council may plan, design, construct, assemble,
install and alter facilities, including inlets, outlets, systems
of piping, diversion terraces, grass waterways, energy
dissipaters, storm water retention devices and natural or
artificial infiltration areas, to manage surface water runoff.
§ 7402 . Construction of storm water management facilities.
(a) Acquisition.--The town council may acquire by purchase,
deed of dedication or eminent domain proceedings all or part of
an existing system or facility for the management of surface
water runoff that may have been established or constructed by a
property owner in the incorporated town or establish, construct
and maintain systems or facilities in the best interest of the
incorporated town.
(b) Price.--If the town council and the owners of systems
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30 can agree upon a price to be paid by the incorporated town, the
purchase may be consummated if the amount to be paid does not
exceed the actual value of the facilities to be transferred.
(c) Eminent domain.--If the town council acquires the system
by the exercise of eminent domain, the damages shall be
determined by viewers under this title for eminent domain
proceedings.
§ 7403 . System management.
(a) Management.--When exercising the powers under this
chapter , the town council shall manage storm water originating
in or passing through the incorporated town in a manner that is
consistent with the requirements of the act of October 4, 1978
(P.L.864, No.167), known as the Storm Water Management Act, and
the storm water management guidelines and any regulations that
may be adopted by the Department of Environmental Protection.
(b) Consistency.--All storm water management activities must
be consistent with a watershed storm water management plan when
the plan has been approved by the Department of Environmental
Protection.
(c) Review by county conservation district.--If storm water
management activities are undertaken in watersheds for which
there is no approved storm water management plan, all drawings,
documents, profiles and designs and descriptions of the proposed
activities to be undertaken by the incorporated town shall be
submitted to the county conservation district for review and
comment before the initiation of earthmoving activities. The
conservation district shall have 30 days to review and respond
with comments to the board of commissioners. Failure to respond
within that time constitutes favorable comment by the
conservation district.
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30 § 7404 . Ordinances.
(a) Storm water management.--The town council may enact
storm water management ordinances and require persons conducting
earthmoving activities to obtain approval from the board of
commissioners for those activities. Ordinances must be
consistent with watershed storm water management plans where
they exist and in all cases must be consistent with the act of
October 4, 1978 (P.L.864, No.167), known as the Storm Water
Management Act.
(b) Storm water facilities.--The town council may enact and
enforce ordinances to govern and regulate the planning,
management, implementation, construction and maintenance of
storm water facilities.
§ 7405 . Fees.
(a) Fee structure.--For the purposes of funding the
construction, maintenance and operation of storm water
management facilities, systems and plans authorized under this
chapter, an incorporated town may assess reasonable and uniform
fees based in whole or in part on the characteristics of the
property benefited by the facilities, systems and plans. In
establishing the fees, the incorporated town shall consider and
provide appropriate exemptions or credits for properties that
have installed and are maintaining storm water facilities that
meet best management practices and are approved or inspected by
the incorporated town.
(A) FEE STRUCTURE.--
(1) FOR THE PURPOSES OF FUNDING THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF STORM WATER MANAGEMENT
FACILITIES, SYSTEMS AND PLANS AUTHORIZED UNDER THIS CHAPTER,
AN INCORPORATED TOWN MAY ASSESS REASONABLE AND UNIFORM FEES
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30 BASED IN WHOLE OR IN PART ON THE CHARACTERISTICS OF THE
PROPERTY BENEFITED BY THE FACILITIES, SYSTEMS AND PLANS.
(2) IN ESTABLISHING THE FEES, THE INCORPORATED TOWN MAY
INCLUDE A MEASURE OF A PROPERTY'S IMPERVIOUS SURFACE AS
DETERMINED BY THE INCORPORATED TOWN. ALL PROPERTIES
CONTAINING IMPERVIOUS SURFACE ARE PRESUMED TO BENEFIT FROM
THE INCORPORATED TOWN'S STORM WATER PLANNING, MANAGEMENT AND
IMPLEMENTATION. FOR PURPOSES OF THIS PARAGRAPH, THE TERM
"IMPERVIOUS SURFACE" MEANS AN AREA, MATERIAL, STRUCTURE,
SURFACE OR IMPROVEMENT THAT DOES NOT ALLOW OR THAT REDUCES OR
PREVENTS INFILTRATION OF WATER INTO SOIL, INCLUDING COMPACTED
DIRT, GRAVEL, CONCRETE, ASPHALT, ROADS, SIDEWALKS, PARKING
LOTS, DRIVEWAYS, PATIOS, ROOFS, GARAGES AND STORAGE SHEDS.
(3) IN ESTABLISHING THE FEES, THE INCORPORATED TOWN
SHALL CONSIDER AND PROVIDE APPROPRIATE EXEMPTIONS OR CREDITS
FOR PROPERTIES THAT HAVE INSTALLED AND ARE MAINTAINING STORM
WATER FACILITIES THAT MEET BEST MANAGEMENT PRACTICES AND ARE
APPROVED OR INSPECTED BY THE INCORPORATED TOWN.
(b) Methods of assessments.--A fee levied by the
incorporated town may be assessed in one of the following
methods:
(1) On all properties in the incorporated town.
(2) On all properties benefited by a specific storm
water project.
(3) By establishing a storm water management district
and assessing the fee on all property owners in the district.
(c) Use.--A fee collected for the purposes of storm water
management may only be used for the purposes authorized under
this chapter .
(d) Filing.--The assessments shall be filed with the town
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30 treasurer.
(e) Payments.--An ordinance shall specify whether payments
are to be made by annual or more frequent installments.
Section 4. Section 13401 of Title 11 is amended by adding a
subsection to read:
§ 13401. Establishing and changing watercourses, flood
protection projects and storm water systems.
* * *
(c) Ordinances.--A city may enact and enforce ordinances to
govern and regulate the planning, management, implementation,
construction and maintenance of storm water facilities.
Section 5. Section 13407 heading of Title 11 is amended and
the section is amended by adding subsections to read:
§ 13407. Assessment of benefits [ and], liens and fees.
* * *
(d) Fees.--For the purposes of funding the construction,
maintenance and operation of storm water management facilities,
systems and management plans authorized under this chapter, a
city may assess reasonable and uniform fees based in whole or in
part on the characteristics of the property benefited by the
facilities, systems and management plans. In establishing the
fees, the city shall consider and provide appropriate exemptions
or credits for properties that have installed and are
maintaining storm water facilities that meet best management
practices and are approved or inspected by the city. The
assessed fees shall be filed with the city treasurer. An
ordinance shall specify whether payments are to be made by
annual or more frequent installments.
(D) FEES.--
(1) FOR THE PURPOSES OF FUNDING THE CONSTRUCTION,
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30 MAINTENANCE AND OPERATION OF STORM WATER MANAGEMENT
FACILITIES, SYSTEMS AND MANAGEMENT PLANS AUTHORIZED UNDER
THIS CHAPTER, A CITY MAY ASSESS REASONABLE AND UNIFORM FEES
BASED IN WHOLE OR IN PART ON THE CHARACTERISTICS OF THE
PROPERTY BENEFITED BY THE FACILITIES, SYSTEMS AND MANAGEMENT
PLANS.
(2) IN ESTABLISHING THE FEES, THE CITY MAY INCLUDE A
MEASURE OF A PROPERTY'S IMPERVIOUS SURFACE AS DETERMINED BY
THE CITY. ALL PROPERTIES CONTAINING IMPERVIOUS SURFACE ARE
PRESUMED TO BENEFIT FROM THE CITY'S STORM WATER PLANNING,
MANAGEMENT AND IMPLEMENTATION. FOR PURPOSES OF THIS
PARAGRAPH, THE TERM "IMPERVIOUS SURFACE" MEANS AN AREA,
MATERIAL, STRUCTURE, SURFACE OR IMPROVEMENT THAT DOES NOT
ALLOW OR THAT REDUCES OR PREVENTS INFILTRATION OR WATER INTO
SOIL, INCLUDING COMPACTED DIRT, GRAVEL, CONCRETE, ASPHALT,
ROADS, SIDEWALKS, PARKING LOTS, DRIVEWAYS, PATIOS, ROOFS,
GARAGES AND STORAGE SHEDS.
(3) IN ESTABLISHING THE FEES, THE CITY SHALL CONSIDER
AND PROVIDE APPROPRIATE EXEMPTIONS OR CREDITS FOR PROPERTIES
THAT HAVE INSTALLED AND ARE MAINTAINING STORM WATER
FACILITIES THAT MEET BEST MANAGEMENT PRACTICES AND ARE
APPROVED OR INSPECTED BY THE CITY. THE ASSESSED FEES SHALL BE
FILED WITH THE CITY TREASURER. AN ORDINANCE SHALL SPECIFY
WHETHER PAYMENTS ARE TO BE MADE BY ANNUAL OR MORE FREQUENT
INSTALLMENTS.
(e) Methods of assessment.--A fee levied by the city may be
assessed in one of the following methods:
(1) On all properties in the city .
(2) On all properties benefited by a specific storm
water project.
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30 (3) By establishing a storm water management district
and assessing the fee on all property owners in the district.
(f) Use.--A fee collected for the purposes of storm water
management may only be used for the purposes authorized under
this chapter.
Section 6. This act shall take effect in 60 days.
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