Pennsylvania HB 1048: An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for water and sewer projects.

Bill Text

PRIOR PRINTER'S NO. 1138 PRINTER'S NO. 1651
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1048
Session of
2025
INTRODUCED BY CERRATO, GIRAL, MAYES, CEPEDA-FREYTIZ, HILL-EVANS,
KHAN, INGLIS, KENYATTA, STEELE, SANCHEZ AND DONAHUE,
MARCH 25, 2025
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 7, 2025
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for water and sewer
projects.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 62
WATER AND SEWER PROJECTS
Sec.
6201. Definitions.
6202. Private sewer lateral and private water lateral projects.
§ 6201. 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:
"Municipality." A city, borough, incorporated town or
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township in this Commonwealth.
"Private sewer lateral." A line on a property upon which a
building or structure is located that connects to a public sewer
system.
"Private water lateral." A line on a property upon which a
building or structure is located that connects to a public water
supply system.
§ 6202. Private sewer lateral and private water lateral
projects.
(a) Replacement or remediation.--A municipality may perform
the replacement or remediation of a private sewer lateral or
private water lateral for residents of the municipality if the
municipality determines that the replacement or remediation will
benefit the public health, public water supply system or public
sewer system. A municipality that has performed a replacement or
remediation authorized under this subsection may not be deemed
to be the owner of a private sewer lateral or private water
lateral and may not be required to perform any other duties
unless determined necessary by the municipality.
(b) Public money and municipal employees.-- A municipality
may use public money or municipal employees for the replacement
or remediation of a private sewer lateral or private water
lateral if the municipality determines that the replacement or
remediation will benefit the public health, public water supply
system or public sewer system. Before using public money or
municipal employees as authorized under this subsection, the
municipality shall consider the availability of public money,
equipment, municipal employees and facilities and the competing
demands of the municipality for the public funds, equipment,
municipal employees and facilities.
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(c) Construction and maintenance.--A municipality may
construct and maintain water or sanitary sewer pump stations,
public water distribution systems, public sewer collection
systems or similar general construction services within the
municipality.
(C) PRIORITIZATION.--
(1) A MUNICIPALITY SHALL USE BEST EFFORTS TO UTILIZE
SUPPLIES MADE OR ASSEMBLED IN THE UNITED STATES IN THE
REPLACEMENT OR REMEDIATION AUTHORIZED UNDER SUBSECTION (A).
IF A MUNICIPALITY DETERMINES A PARTICULAR SUPPLY IS NOT MADE
OR ASSEMBLED IN THE UNITED STATES, OR IS MADE OR ASSEMBLED IN
THE UNITED STATES BUT NOT AVAILABLE IN SUFFICIENT QUANTITIES
TO MEET THE NEEDS AND TIME OF THE WORK AUTHORIZED UNDER
SUBSECTION (A), THE GOVERNING BODY OF THE MUNICIPALITY MUST
ADOPT A RESOLUTION STATING THE DETERMINATION AND WAIVING THE
REQUIREMENT FOR THE SUPPLY. THE RESOLUTION SHALL STATE WHAT
ACTION THE MUNICIPALITY HAS TAKEN TO COMPLY WITH THIS
PARAGRAPH.
(2) IF THE REPLACEMENT OR REMEDIATION AUTHORIZED UNDER
SUBSECTION (A), OR A PORTION THEREOF IS CONTRACTED, THE
CONTRACT TERMS SHALL INCLUDE USING BEST EFFORTS TO UTILIZE
SUPPLIES MADE OR ASSEMBLED IN THE UNITED STATES. IF A PERSON
THAT BIDS FOR A CONTRACT DETERMINES A PARTICULAR SUPPLY IS
NOT MADE OR ASSEMBLED IN THE UNITED STATES, OR IS MADE OR
ASSEMBLED IN THE UNITED STATES BUT NOT AVAILABLE IN
SUFFICIENT QUANTITIES TO MEET THE NEEDS AND TIME OF THE
CONTRACT, THE CONTRACT SHALL INCLUDE AN ATTESTATION STATING
THE DETERMINATION.
(D) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO SUPERSEDE, WAIVE OR PROVIDE AN EXCEPTION TO A LAW
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REQUIRING COMPETITIVE BIDDING IN THIS COMMONWEALTH.
(E) PROHIBITION.--THE PROVISIONS OF 65 PA.C.S. § 1103
(RELATING TO RESTRICTED ACTIVITIES) SHALL APPLY TO AN ACTION
TAKEN UNDER THIS SECTION.
Section 2. This act shall take effect in 60 days.
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