Pennsylvania HB 958: An Act amending the act of October 4, 1978 (P.L.864, No.167), known as the Storm Water Management Act, further providing for powers and duties of the Department of Environmental Resources; and making editorial changes.

Bill Text

PRINTER'S NO. 1032
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 958
Session of
2025
INTRODUCED BY GLEIM, HAMM, KENYATTA, COOK, GROVE, KAUFFMAN,
KUZMA, SMITH, ZIMMERMAN, REICHARD AND LAWRENCE,
MARCH 18, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, MARCH 18, 2025
AN ACT
Amending the act of October 4, 1978 (P.L.864, No.167), entitled
"An act providing for the regulation of land and water use
for flood control and storm water management purposes,
imposing duties and conferring powers on the Department of
Environmental Resources, municipalities and counties,
providing for enforcement, and making appropriations,"
further providing for powers and duties of the Department of
Environmental Resources; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of October 4, 1978 (P.L.864,
No.167), known as the Storm Water Management Act, is amended to
read:
AN ACT
Providing for the regulation of land and water use for flood
control and storm water management purposes, imposing duties
and conferring powers on the Department of Environmental
[Resources] Protection, municipalities and counties,
providing for enforcement, and making appropriations.
Section 2. The definition of "department" in section 4 of
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the act is amended to read:
Section 4. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth of Pennsylvania.
* * *
Section 3. Section 9(a) introductory paragraph of the act is
amended to read:
Section 9. Review and approval by the department.
(a) The department shall, in consultation with the
Department of Community [Affairs] and Economic Development,
review all watershed storm water plans and revisions or
amendments thereto. It shall approve the plan if it determines:
* * *
Section 4. Section 14 heading and (a) introductory
paragraph, (2) and (4) of the act are amended and the section is
amended by adding a subsection to read:
Section 14. Powers and duties of [the Department of
Environmental Resources] department.
(a) The [Department of Environmental Resources] department
shall have the power and its duty shall be to:
* * *
(2) Provide in cooperation with the Department of
Community [Affairs] and Economic Development technical
assistance to counties and municipalities in implementing
this act.
* * *
(4) Review, in cooperation with the Department of
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Community [Affairs] and Economic Development, and approve all
watershed plans and revisions thereto.
* * *
(c) On an annual basis, the department shall conduct active
water quality testing of surface waters within a watershed storm
water plan in accordance with 40 CFR Pt. 136 (relating to
guidelines establishing test procedures for the analysis of
pollutants). The following shall apply:
(1) If the department does not have the resources to
conduct the water quality testing required under this
subsection, the department shall rely on the following to
calculate the water quality standards of surface waters
within a watershed storm water plan:
(i) Water quality testing from the county
conservation district, the Pennsylvania Fish and Boat
Commission, the Department of Conservation and Natural
Resources, the Pennsylvania Game Commission, an
institution of higher education that receives State
funding or a private laboratory accredited by the
department to perform water quality testing.
(ii) If the department has not received water
quality testing specified under subparagraph (i), a water
quality testing model.
(2) The department shall grant a National Pollutant
Discharge Elimination System permit waiver to a small
municipal separate storm sewer system that is in compliance
with the criteria specified under 40 CFR 122.32(d) or (e)
(relating to as an operator of a small MS4, am I regulated
under the NPDES storm water program?).
Section 5. Sections 17(a) introductory paragraph and (c) and
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18 of the act are amended to read:
Section 17. Grants and reimbursements to municipalities and
counties.
(a) The [Department of Environmental Resources] department
is authorized to administer grants to municipalities and
counties to assist or reimburse them for costs in preparing
official storm water management plans and actual administrative
and enforcement and implementation costs and revisions to
official plans for storm water management required by this act.
Grants and reimbursements shall be made from and to the extent
of funds appropriated by the General Assembly for such purposes,
and shall be made in accordance