HB 2147 — 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.

PRIOR PRINTER'S NO.

2771 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

21473162 2024THE INTRODUCEDGENERAL BYASSEMBLY FLEMING,OF MADSEN,PENNSYLVANIA SANCHEZ,HOUSE FREEMAN,BILL DONAHUE,Session MALAGARI, HILL-EVANS, SHUSTERMAN, GREEN, KIM, DALEY, STURLA, BOROWSKI AND SCOTT, MARCH 25, 2024 REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 25, 2024 AN ACT Amending Title 53 (Municipalities Generally) of theNo. Pennsylvania Consolidated Statutes, in municipal authorities, further providing for definitions and for purposes and powers.

2147 2024 INTRODUCED BY FLEMING, MADSEN, SANCHEZ, FREEMAN, DONAHUE, BOROWSKI, SCOTT AND PISCIOTTANO, MARCH 25, 2024ALEY, STURLA, AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 22, 2024 AN ACT Amending Title 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.

Section 5602 of Title 53 of the Pennsylvania <-- Consolidated Statutes is amended by adding a definition to read:

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.

DEFINITIONS.

3303.

STORM WATER MANAGEMENT FEE.

§ 3301.

LEGISLATIVE FINDINGS.

THE GENERAL ASSEMBLY FINDS THAT:

(1) INADEQUATE MANAGEMENT OF ACCELERATED RUNOFF OF STORM 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.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 20240HB2147PN3162 - 2 - SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"IMPERVIOUS SURFACE." AN AREA, MATERIAL, STRUCTURE, SURFACE OR IMPROVEMENT THAT DOES NOT ALLOW OR THAT REDUCES OR PREVENTS INFILTRATION OF WATER INTO SOIL.

THE TERM INCLUDES:

(1) COMPACTED DIRT, GRAVEL, CONCRETE OR ASPHALT;

AND (2) 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.

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: