HB 1764 — An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in subdivision and land development, providing for potentially impacted municipalities and further providing for approval of plats and for completion of improvements or guarantee thereof prerequisite to final plat approval; providing for developments of regional significance and impact; and, in zoning hearing board and other administrative proceedings, further providing for jurisdiction.

PRIOR PRINTER'S NO.

2170 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2717 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

WILLIAMS, CIRESI, OTTEN, BRENNAN,ER, HILL- SCHLOSSBERG,SCHLOSSBERG CURRY, BOROWSKI AND GREEN,CURRY, JULY 24, 2025 ASREFERRED REPORTEDTO FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSEJULY OF24, REPRESENTATIVES, AS AMENDED, DECEMBER 17, 2025 AN ACT Amending the act of July 31, 1968 (P.L.805, No.247), entitled "An act to empower cities of the second class A, and third andclass, secondboroughs, classesincorporated includingtowns, thosetownships within a county of thestthe first second class and counties of the second through eightheighththe classes, individually or jointly, to plan their development and to govern the same by zoning, subdivision and land development ordinances, planned residential development and other ordinances, by official maps, by the reservation of certain land for future public purpose and by the acquisition of such land;

providing for appropriations, appeals to partscourts of acts," in subdivision and landpenalties development,cts and providing for potentiallyviolations; impacted municipalities and further providing for approval of plats and for completion of improvements or guarantee thereof prerequisite to final plat approval;

and repealing acts and providing for potentially impacted municipalities and further providing for approval of plats and for completion of improvements or guarantee thereof prerequisite to final plat approval;

Approval of Plats.--All applications for approval of a plat (other than those governed by Article VII), whether preliminary or final, shall be acted upon by the governing body or the planning agency within such time limits as may be fixed in the subdivision and land development ordinance but the governing body or the planning agency shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the governing body or the planning agency (whichever first reviews the application) next following the date the application is filed or after a final order of court remanding an application, provided that should the said next regular meeting occur more than 30 days following the filing of the application or the final order 20250HB1764PN2717 - 2 - of the court, the said 90-day period shall be measured from the 20250HB1764PN2170 - 2 - 30th day following the day the application has been filed.

Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval.--(a) [No] In addition to any condition imposed by a decision under section 511-B(d)(2), no plat shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by the subdivision and land development ordinance and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by the subdivision and land 20250HB1764PN2717 - 3 - development ordinance have been installed in accordance with 20250HB1764PN2170 - 3 - such ordinance.

20250HB1764PN2717 - 4 - (3) To develop cost-effective and reasonable 20250HB1764PN2170 - 4 - accountability measures regarding a development of regional significance and impact.

"DATA CENTER." ALL OR PART OF A FACILITY COMPOSED OF ONE OR <-- MORE BUSINESSES, OWNERS OR TENANTS, AND THAT MEETS ALL OF THE FOLLOWING:

(1) IS PREDOMINANTLY USED TO HOUSE WORKING SERVERS OR SIMILAR DATA STORAGE SYSTEMS.

(2) HAS AN UNINTERRUPTIBLE ENERGY SUPPLY OR GENERATOR BACKUP POWER, OR BOTH, COOLING SYSTEMS, TOWERS AND OTHER TEMPERATURE CONTROL INFRASTRUCTURE.

(3) HAS A PEAK DEMAND OF 25 MEGAWATTS OR GREATER.

20250HB1764PN2717 - 5 - "Petroleum storage facility." A facility used to store gasoline, motor fuel or other petroleum products with a capacity of more than:

"Truck stop facility." An establishment that provides fuel, parking and related goods and services to primarily support 20250HB1764PN2170 - 5 - truck transportation with at least:

(1) The act of May 31, 1945 (P.L.1198, No.418), known as 20250HB1764PN2717 - 6 - the Surface Mining Conservation and Reclamation Act.

(5) The act of December 19, 1984 (P.L.1093, No.219), known as the Noncoal Surface Mining Conservation and 20250HB1764PN2170 - 6 - Reclamation Act.

(a) Duty to prepare.--The governing body of a host municipality, or the planning agency designated to review applications under Article V on behalf of a host municipality, shall require an applicant to prepare and submit an impact 20250HB1764PN2717 - 7 - analysis under section 507-B as a condition of receiving preliminary approval for land development if the governing body or planning agency determines that it is reasonably likely that subsection (b) applies or the governing body or planning agency has received a notification from a county or regional planning agency under section 502.2(b).

20250HB1764PN2170 - 7 - (2) Aan DATAintermodal CENTER;terminal;

<-- (2) (3) ana intermodalpetroleum terminal;storage facility;

<--(4) (3)a (4)waste-handling facility or the cumulative expansion of an existing waste-handling facility that occurs during any three-year period and creates a petroleumsignificant storagedegradation facility;in the level of service with respect to traffic impact, as determined by regulations established by the department;

<-- (4) (5) a waste-handlingquarry facility or the cumulative <-- expansion of an existing waste-handlingquarry facility that occurs during any three-year period and creates a significant degradation in the level of service with respect to traffic impact, as determined by regulations established by the department;

(5) (6) a quarrytruck orstop thefacility cumulative expansion of an <-- existing quarry that occurs during any three-year period and creates a significant degradation in the level of service with respect to traffic impact, as determined by regulations established by the department;

(6) (7) a truckwarehouse stop facility that creates a significant <-- degradation in the level of service with respect to traffic impact,impact as determined by regulations established by the department;

(7) (8) a warehouseland facilitydevelopment in a watershed that createsis aunstudied significantunder <--the degradationact inof October 4, 1978 (P.L.864, No.167), known as the levelStorm Water Management Act, and involves at least 100 acres of servicecontributory withwatershed respectthat tois trafficupstream 20250HB1764PN2717from -the 8land -development impactand asat determinedleast by25 regulationsacres establishedin bytotal land area of earth disturbance activity associated with the department;land development;

(8) (9) a land development in awhich watershed that is <-- unstudied under the actpermittees of Octoberthe 4,receiving 1978sewerage (P.L.864,facilities No.167),for known as the Stormdevelopment Waterhave Management20250HB1764PN2170 Act,- and8 involves- atsubmitted leastinformation 100that acresdocuments of contributory watershed that is upstream from the landexisting developmentcollection, conveyance and attreatment leastsystem 25have acresan inexisting totalhydraulic landor areaorganic ofoverload earthor disturbancefive-year activityprojected associatedoverload; with the land development;

(9) (10) a land development in which the permittees of <-- the receivingcollection, sewerageconveyance facilitiesand fortreatment thesystem developmentreceiving facilities have submittedcertified informationto thatthe documentshost municipality that thethere existingis collection,not conveyancecapacity to receive and treatmenttreat systemsewage haveflows anfrom existingthe development or that the additional wasteload from the development will create a hydraulic or organic overload or five-year projected overload;

(10)or (11) a land development inwithin whicha the permittees of <-- the collection, conveyance and treatment system receiving facilities have certified to the host municipality that there is not capacity to receive and treat sewage flows from the development or that the additional wasteload from the development will createresult ain: hydraulic or organic overload or five-year projected overload;

or (11) (12) a land development within a host municipality <-- that will result in:

or (B) a significant impact on highway safety or 20250HB1764PN2717 - 9 - traffic flow, as determined by standards established by the department.

(C) the generation of 100 or more vehicle trips 20250HB1764PN2170 - 9 - entering or exiting the development during any one- hour time period of any day of the week;

(2) The financial impact regarding any expanded emergency and infrastructure services, including services 20250HB1764PN2717 - 10 - regarding police, fire, ambulance, medical care, sewer, water, transportation and utilities.

(5) The effect on residential housing opportunities, including property values and the potential number and 20250HB1764PN2170 - 10 - character of new housing units.

Classification as development of regional 20250HB1764PN2717 - 11 - significance and impact.

(2) The notice shall specify that the host municipality is considering whether to classify the proposed land 20250HB1764PN2170 - 11 - development as a development of regional significance and impact.

(2) The host municipality shall issue its decision in 20250HB1764PN2717 - 12 - writing and provide specific reasons supporting its decision.

20250HB1764PN2170 - 12 - (a) Submission.--An applicant must submit to the host municipality a written mitigation plan that explains the nature and extent of mitigation efforts to address any known or potential harm or negative effect cited by the host municipality in the classification of the proposed land development as a development of regional significance and impact under section 508-B.

20250HB1764PN2717 - 13 - (c) Costs.--An applicant shall pay for all costs involving the preparation and review of the mitigation plan.

(b) Governmental cooperation.--The department, the Department of Environmental Protection or any other governmental entity whose approval is required for the proposed land 20250HB1764PN2170 - 13 - development shall ensure adequate communication and cooperation by and between the governmental entities.

(e) Discretion of governmental entity.-- (1) Nothing in this section shall be construed to require the department, the Department of Environmental Protection or any other governmental entity whose approval is required for the proposed land development to conduct a 20250HB1764PN2717 - 14 - coordinated and expedited review.