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.

PRIOR PRINTER'S NO.

1081 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

9901328 2025THE INTRODUCEDGENERAL BYASSEMBLY STRUZZI,OF FREEMAN,PENNSYLVANIA KENYATTAHOUSE ANDBILL ZIMMERMAN,Session MARCH 24, 2025 REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 24, 2025 AN ACT Ame(Cities) of theNo. Pennsylvania Consolidated Statutes, in storm sewers and watercourses, further providing for authority of boroughs and for manner of financing work;

990 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 Ame(Cities) of the Pennsylvania Consolidated Statutes, in storm sewers and watercourses, further providing for authority of boroughs and for manner of financing work;

(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.

(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.

20250HB0990PN1328 - 2 - (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.

(e) Use.--A fee collected for the purposes of storm water 20250HB0990PN1081 - 2 - management may only be used for the purposes authorized under this chapter.

20250HB0990PN1328 - 3 - PART II INCORPORATED TOWNS Chapter 41.

(a) Acquisition.--The town council may acquire by purchase, deed of dedication or eminent domain proceedings all or part of an existing system or facility for the management of surface water runoff that may have been established or constructed by a property owner in the incorporated town or establish, construct 20250HB0990PN1081 - 3 - and maintain systems or facilities in the best interest of the incorporated town.

(b) Price.--If the town council and the owners of systems 20250HB0990PN1328 - 4 - can agree upon a price to be paid by the incorporated town, the purchase may be consummated if the amount to be paid does not exceed the actual value of the facilities to be transferred.

The conservation district shall have 30 days to review and respond 20250HB0990PN1081 - 4 - with comments to the board of commissioners.

20250HB0990PN1328 - 5 - § 7404.

(a) Fee structure.--For the purposes of funding the <-- construction, maintenance and operation of storm water management facilities, systems and plans authorized under this chapter, an incorporated town may assess reasonable and uniform fees based in whole or in part on the characteristics of the property benefited by the facilities, systems and plans.

(b)(A) MethodsFEE ofSTRUCTURE.-- assessments.--A<-- fee(1) leviedFOR byTHE thePURPOSES incorporatedOF townFUNDING mayTHE beCONSTRUCTION, assessedMAINTENANCE inAND oneOPERATION ofOF theSTORM followingWATER 20250HB0990PN1081MANAGEMENT FACILITIES, SYSTEMS AND PLANS AUTHORIZED UNDER THIS CHAPTER, AN INCORPORATED TOWN MAY ASSESS REASONABLE AND UNIFORM FEES 20250HB0990PN1328 - 56 - methods:BASED IN WHOLE OR IN PART ON THE CHARACTERISTICS OF THE PROPERTY BENEFITED BY THE FACILITIES, SYSTEMS AND PLANS.

(2) IN ESTABLISHING THE FEES, THE INCORPORATED TOWN MAY INCLUDE A MEASURE OF A PROPERTY'S IMPERVIOUS SURFACE AS DETERMINED BY THE INCORPORATED TOWN.

ALL PROPERTIES CONTAINING IMPERVIOUS SURFACE ARE PRESUMED TO BENEFIT FROM THE INCORPORATED TOWN'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 INCORPORATED TOWN 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 INCORPORATED TOWN.

(b) Methods of assessments.--A fee levied by the incorporated town may be assessed in one of the following methods:

(d) Filing.--The assessments shall be filed with the town 20250HB0990PN1328 - 7 - treasurer.

* * * (d) 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 city may assess reasonable and uniform fees based in whole or in part on the characteristics of the property benefited by the 20250HB0990PN1081 - 6 - facilities, systems and management plans.

(D) FEES.-- <-- (1) FOR THE PURPOSES OF FUNDING THE CONSTRUCTION, 20250HB0990PN1328 - 8 - MAINTENANCE AND OPERATION OF STORM WATER MANAGEMENT FACILITIES, SYSTEMS AND MANAGEMENT PLANS AUTHORIZED UNDER THIS CHAPTER, A CITY 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.

(2) IN ESTABLISHING THE FEES, THE CITY MAY INCLUDE A MEASURE OF A PROPERTY'S IMPERVIOUS SURFACE AS DETERMINED BY THE CITY.

ALL PROPERTIES CONTAINING IMPERVIOUS SURFACE ARE PRESUMED TO BENEFIT FROM THE CITY'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 OR 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 CITY 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 CITY.

THE ASSESSED FEES SHALL BE FILED WITH THE CITY TREASURER.

AN ORDINANCE SHALL SPECIFY WHETHER PAYMENTS ARE TO BE MADE BY ANNUAL OR MORE FREQUENT INSTALLMENTS.

20250HB0990PN1328 - 9 - (3) By establishing a storm water management district and assessing the fee on all property owners in the district.

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