SB 216 — An Act amending the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, in storm water management plans and facilities, further providing for fees.

Bill Text

• Printer's No. PN0166 View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies fee assessments for storm water management on agricultural properties, limiting them under specific conditions.

• Section 2705

  For the purposes of funding the construction, maintenance and operation of storm water management facilities, systems and management plans authorized under this article, a township 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, except as provided in subsections (b.1) and (b.2). The fees assessed may not exceed the amount necessary to meet the minimum requirements of the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.), and Federal or State laws governing the implementation of the Federal Water Pollution Control Act, for the construction, maintenance and operation of storm water management facilities, systems and management plans, as specified in 40 CFR 122.26 (relating to storm water discharges (applicable to State NPDES programs, see § 123.25)).

  This establishes general authority for townships to assess fees for storm water management with certain limitations.

• Section 2705(b.1)

  (1) Notwithstanding any provision of subsection (a) or (b), a township or municipal authority responsible for regulation of storm water management or administration of storm water management infrastructure within the township may not assess on any agricultural property the total area of impervious surface of which does not exceed thirty percent of the property's total land area a fee that is greater than twice the median assessment fee imposed on all properties in the township.

  This sets a cap on storm water fees for certain agricultural properties based on their impervious surface.

• Section 2705(b.2)

  In addition to the limitation in assessment of fee prescribed in subsection (b.1), a township or municipal authority responsible for regulation of storm water management or administration of storm water management infrastructure within the township shall further reduce the fee to the amount levied under subsections (a) and (b) on any agricultural property for annual costs incurred by the owner or operator for construction, maintenance, operation and financing of conservation measures performed in furtherance or facilitation of a Total Maximum Daily Load that has been developed pursuant to 33 U.S.C. Ch. 26 (relating to water pollution prevention and control).

  This further reduces the fees for agricultural properties related to specific conservation costs.

• Section 2705(b.3)

  For purposes of subsections (b.1) and (b.2), the term "agricultural property" shall include all contiguous area of real property operated by a person as part of "agricultural use," as defined in section 2 of the act of December 19, 1974 (P.L.973, No.319), known as the "Pennsylvania Farmland and Forest Land Assessment Act of 1974," regardless of whether the area is comprised of more than one deeded tract.

  This clarifies the definition of agricultural property for the purpose of fee assessments.

• Section 2

  This act shall supersede the authority and amount of fee that a township or municipal authority may impose on agricultural property after the effective date of this section.

  This ensures that the new fee structure overrides existing fees on agricultural property.

• Section 3

  All provisions of law are repealed to the extent they are inconsistent with this act.

  This nullifies any conflicting laws regarding storm water fees post-enactment.

Action History

1. February 03, 2025

   Referred to Local Government

Sponsors

• Lisa Baker · Primary
• Michele Brooks · Cosponsor
• Lynda Schlegel Culver · Cosponsor
• Scott E. Hutchinson · Cosponsor
• Patrick J. Stefano · Cosponsor
• Judy Ward · Cosponsor
• Elder A. Vogel · Cosponsor

Subjects