Pennsylvania HB 2360: An Act providing for verification of construction contractors and for procedures for verification; establishing the Construction Contractor Verification Account; imposing penalties; and making an appropriation.

Bill Text

PRINTER'S NO. 3137
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2360
Session of
2026
INTRODUCED BY PUGH, KUZMA, WALSH, ZIMMERMAN, PICKETT AND RADER,
APRIL 6, 2026
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, APRIL 6, 2026
AN ACT
Establishing the Chesapeake Bay Grant-Only Compliance Program;
imposing duties on the Department of Environmental
Protection; providing for the prohibition of certain fees
relating to municipal separate storm sewer system permit
compliance and Chesapeake Bay requirements, for grants to
fund compliance costs, for limitation on enforcement and for
preemption; and making repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Chesapeake
Bay Grant-Only Compliance Program Act.
Section 2. 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:
"Chesapeake Bay requirement." A requirement relating to
Chesapeake Bay nutrient reduction, Chesapeake Bay sediment
reduction or storm water management activity required solely to
satisfy a Chesapeake Bay obligation.
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"Department." The Department of Environmental Protection of
the Commonwealth.
"Fee." A charge, assessment, rate, surcharge or other
monetary exaction imposed directly or indirectly, regardless of
the label, method of calculation or billing mechanism.
"Municipal separate storm sewer system" or "MS4." As defined
in 40 CFR 122.26(b)(18) and (19) (relating to storm water
discharges (applicable to State NPDES programs, see § 123.25)).
"MS4 requirement." A requirement relating to an MS4,
including a permit requirement.
"Program." The Chesapeake Bay Grant-Only Compliance Program
established under section 4(a).
"Property owner." A natural person, partnership,
corporation, nonprofit entity, institution, authority or
governmental entity that owns real property within this
Commonwealth.
"Public body." A municipality, municipal authority,
political subdivision or other public body in this Commonwealth.
Section 3. Prohibition on certain fees.
(a) Prohibition.--A public body may not impose, levy,
collect or enforce a fee on a property owner for any of the
following purposes:
(1) To comply with an MS4 requirement.
(2) To comply with a Chesapeake Bay requirement.
(b) Prohibited authorization.--A public body may not adopt,
enforce or rely on an ordinance, resolution, regulation, policy
or other measure that authorizes a fee for a purpose prohibited
under subsection (a).
Section 4. Chesapeake Bay Grant-Only Compliance Program.
(a) Establishment.--The Chesapeake Bay Grant-Only Compliance
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Program is established in the department. The department shall
administer the program to provide grants to public bodies for
costs incurred to comply with MS4 requirements and Chesapeake
Bay requirements.
(b) Award and use of grants.--Subject to the availability of
money, the department shall award grants under the program to a
public body that is subject to an MS4 requirement or Chesapeake
Bay requirement. A grant awarded under the program may be used
only for costs incurred to comply with MS4 requirements and
Chesapeake Bay requirements.
(c) Exclusive source of funding.--Except for a grant match
required of a public body, compliance with MS4 requirements and
Chesapeake Bay requirements shall be funded exclusively through
Federal funds, Commonwealth funds or other grant funding
administered by the Commonwealth.
(d) Collaboration.--The department shall collaborate with
Federal and State agencies to secure funding for the program.
Section 5. Limitation on enforcement.
The department may not enforce an MS4 requirement or
Chesapeake Bay requirement against a public body unless
sufficient grant funding is available to pay 100% of the cost of
compliance, as determined by the governing body of the public
body.
Section 6. Preemption.
This act shall preempt an ordinance, resolution, regulation,
policy or other measure of a public body to the extent that the
ordinance, resolution, regulation, policy or other measure
authorizes the imposition, levy, collection or enforcement of a
fee for a purpose prohibited under section 3.
Section 7. Repeals.
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The following are repealed insofar as they are construed to
authorize the imposition, levy, collection or enforcement of a
fee for a purpose prohibited under section 3:
(1) Section 2705 of the act of May 1, 1933 (P.L.103,
No.69), known as The Second Class Township Code.
(2) 53 Pa.C.S. § 5607(d)(34) (relating to purposes and
powers).
Section 8. Effective date.
This act shall take effect in 60 days.
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