Pennsylvania HB 1308: An Act amending Titles 27 (Environmental Resources) and 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for storm water management; and, in municipal authorities, further providing for definitions and for purposes and powers.

Bill Text

PRIOR PRINTER'S NO. 1502 PRINTER'S NO. 1903
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1308
Session of
2025
INTRODUCED BY FLEMING, MADSEN, HILL-EVANS, PIELLI, GIRAL,
SANCHEZ, BOROWSKI, FREEMAN, DONAHUE, GREEN AND DAVIDSON,
APRIL 28, 2025
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 11, 2025
AN ACT
Amending Titles 27 (Environmental Resources) and 53
(Municipalities Generally) of the Pennsylvania Consolidated
Statutes, providing for storm water management; and, 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. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 33
STORM WATER MANAGEMENT
Sec.
3301. Legislative findings.
3302 3301 . Definitions.
3303 3302 . Storm water management fee.
§ 3301. Legislative findings.
The General Assembly finds that:
(1) Inadequate management of accelerated runoff of storm
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water resulting from development throughout a watershed:
(i) increases flood flows and velocities;
(ii) contributes to erosion and sedimentation;
(iii) overtaxes the carrying capacity of streams and
storm sewers;
(iv) greatly increases the cost of public facilities
to carry and control storm water;
(v) undermines flood plain management and flood
control efforts in downstream communities;
(vi) reduces groundwater recharge; and
(vii) threatens public health and safety.
(2) A comprehensive program of storm water management,
including reasonable regulation of development and activities
causing accelerated runoff, is fundamental to the public
health, safety and welfare and the protection of the people
of this Commonwealth, their resources and the environment.
(3) Local administration and management of storm water
is consistent with the Commonwealth's duty as trustee of
natural resources and the people's constitutional right to
the preservation of natural, economic, scenic, aesthetic,
recreational and historic values of the environment.
(4) Municipalities and other local government entities
cannot adequately plan, regulate and mitigate the impacts of
storm water without the coordination and contributions of the
Commonwealth and its instrumentalities to address the impacts
of impervious surfaces on public property.
§ 3302 § 3301 . 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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"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.
(ii) A roadway, sidewalk, parking lot, driveway,
patio, roof, garage or storage shed.
"Storm water." Drainage runoff from the surface of land
resulting from precipitation or snow or ice melt.
§ 3303 3302 . Storm water management fee.
If a municipal corporation or municipal authority performs
storm water planning, management and implementation and charges
or imposes a reasonable fee to owners of property:
(1) The fees 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.
(2) An entity otherwise exempt from taxation may not be
excused from payment of the fee solely on the basis of the
tax-exempt status of the entity.
Section 2. Section 5602 of Title 53 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:
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(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.
(ii) A roadway, sidewalk, parking lot, driveway,
patio, roof, garage or storage shed.
* * *
Section 3. 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 b