Pennsylvania HB 990: 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 assessment of benefits and liens.

Bill Text

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 assessment 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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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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(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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PART II
INCORPORATED TOWNS
Chapter
41. (Reserved)
74. Storm Water Management Plans and Facilities
CHAPTER 41
(Reserved)
CHAPTER 74
STORM WAT