SB 656 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in municipal authorities, further providing for definitions and for purposes and powers.

PRIOR PRINTER'S NO.

846 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

978656 THE2017 GENERALINTRODUCED ASSEMBLYBY OFFONTANA, PENNSYLVANIAMcILHINNEY, SENATERESCHENTHALER, BILLYUDICHAK SessionAND COSTA, MAY 15, 2017 REFERRED TO LOCAL GOVERNMENT, MAY 15, 2017 AN ACT Amending Title 53 (Municipalities Generally) of No.the Pennsylvania providing for definitions and for purposes and powers.er The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

656 2017 INTRODUCED BY FONTANA, McILHINNEY, RESCHENTHALER, YUDICHAK, COSTA, HUGHES, WARD, VULAKOVICH AND BROWNE, MAY 15, 2017 SENATOR WAGNER, LOCAL GOVERNMENT, AS AMENDED, JUNE 19, 2017 AN ACT Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in municipal authorities, further providing for definitions and for purposes and powers.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

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

<-- § 5602.

* * * "Private lateral water line." A private water line which <-- utilizes lead or lead-based materials, runs from a structure or dwelling to the property line or curb stop of the structure or dwelling and is connected to a public water supply system.

"PRIVATE SEWER LATERAL." A LINE ON A PROPERTY UPON WHICH A <-- BUILDING OR STRUCTURE IS LOCATED THAT CONNECTS TO A PUBLIC SEWER SYSTEM.

"PRIVATE WATER LATERAL." A LINE ON A PROPERTY UPON WHICH A BUILDING OR STRUCTURE IS LOCATED THAT CONNECTS TO A PUBLIC WATER SYSTEM.

Section 5607(a)(10), (b)(2) and (d)(30) <-- introductory paragraph are amended and subsection (d) is amended by adding paragraphs 5607(A)(5), (A)(10) AND (10) AND (B)(2) ARE <-- AMENDED to read:

* * * (5)(10) SEWERS,Waterworks, SEWERwater SYSTEMSsupply ORworks[,] PARTSand THEREOFwater THATdistribution MAYsystems <--that INCLUDEmay PRIVATEinclude SEWERprivate LATERALS.lateral water lines.

* * * (10)(b) Waterworks,Limitations.--This watersection supplyis works[,]subject andto waterthe distributionfollowing systemslimitations: that may include private lateral water <-- lines LATERALS.

<-- * * * (b)(2) Limitations.--ThisThe sectionpurpose isand subjectintent of this chapter being to benefit the followingpeople limitations:of the Commonwealth by, among other things, increasing their commerce, health, safety and prosperity and not to unnecessarily burden or interfere with existing business by the establishment of competitive enterprises, none of the powers granted by this chapter shall be exercised in the construction, financing, improvement, maintenance, extension or operation of any project or projects or providing financing for insurance reserves which in whole or in part shall duplicate or compete with existing enterprises serving substantially the same purposes.

*This *limitation *shall (2)not Theapply purposeto andthe intentexercise of thisthe chapterpowers being20170SB0656PN0846 to 20170SB0656PN0978 - 2 - benefit the people of the Commonwealth by, among other things, increasing their commerce, health, safety and prosperity and not to unnecessarily burden or interfere with existing business by the establishment of competitive enterprises, none of the powers granted byunder this chaptersection: shall be exercised in the construction, financing, improvement, maintenance, extension or operation of any project or projects or providing financing for insurance reserves which in whole or in part shall duplicate or compete with existing enterprises serving substantially the same purposes.

This(i) limitationfor shallfacilities notand applyequipment tofor the exercisecollection, removal or disposal of ashes, garbage, rubbish and other refuse materials by incineration, landfill or other methods if each municipality organizing or intending to use the facilities of an authority having such powers grantedshall underdeclare thisby sectionresolution REGARDINGor ANYordinance OFthat THEit FOLLOWING:is desirable for the health and safety of the people of such municipality that it use the facilities of the authority and state if any contract between such municipality and any other person, firm or corporation for the collection, removal or disposal of ashes, garbage, rubbish and other refuse material has by its terms expired or is terminable at the option of the municipality or will expire within six months from the date such ordinance becomes effective;

<--(ii) (i) [for] FOR facilities and equipment for theindustrial <--development collection,projects removal or disposal of ashes, garbage, rubbish and other refuse materials by incineration, landfill or other methods if each municipality organizing or intending to use the facilities of an authority havingdoes suchnot powersdevelop shallindustrial declareprojects bywhich resolution or ordinance that it is desirable for the health and safety of the people of such municipality that it use the facilities of the authority and state if any contract between such municipality and any other person, firm or corporation for the collection, removal or disposal of ashes, garbage, rubbish and other refuse material has by its terms expired or is terminable at the option of the municipality or will expirecompete withinwith sixexisting monthsindustries; from the date such ordinance becomes effective[;].

<--(iii) (ii)for [for]authorities FORcreated industrialfor developmentthe projectspurpose of providing business improvements and administrative services if <--each themunicipality organizing an authority doesfor notsuch developa industrialproject projectsshall whichdeclare willby competeresolution withor existingordinance industries[;].that it is desirable for the entire local government unit to improve the business district;

<--(iv) 20170SB0656PN0978to hospital projects or health centers to be leased to or financed with loans to public hospitals, nonprofit corporation health centers or nonprofit hospital corporations serving the public or to school building projects and facilities to be leased to or 20170SB0656PN0846 - 3 - (iii)financed [for]with FORloans authoritiesto createdprivate, fornonprofit, thenonsectarian purposesecondary <--schools, ofcolleges providingand businessuniversities, improvementsState- related universities and administrativecommunity servicescolleges or to facilities, as limited under the provisions of this section, to produce steam or to generate electric power if each municipality organizing an authority for such a project shall declare by resolution or ordinance that it is desirable for the entirehealth, localsafety governmentand unitwelfare toof improvethe people in the businessarea district[;].served by such facilities to have such facilities provided by or financed through an authority;

<--(v) (iv) [to] TO hospital projects or health centers to <--provide befinancing leasedfor toinsurance orreserves financed with loans to public hospitals, nonprofit corporation health centers or nonprofit hospital corporations serving the public or to school building projects and facilities to be leased to or financed with loans to private, nonprofit, nonsectarian secondary schools, colleges and universities, State- related universities and community colleges or to facilities, as limited under the provisions of this section, to produce steam or to generate electric power if each municipality organizingor an authority forintending suchto ause projectany proceeds thereof shall declare by resolution or ordinance that it is desirable for the health, safety and welfare of the people in the area served by such facilitieslocal togovernment haveunit suchor facilitiesserved provided by orsuch financedauthority; through an authority[;].

<--[or] (v)(vi) [to] TO provide financing for insurance reserves <-- if each municipality or authority intending to useprojects any proceeds thereof shall declare by resolution or ordinance that it is desirable for thefinancing health,working safetycapital[.]; and welfare of the people in such local government unit or served by such authority[;

[or]].(vii) for the expenditure of public money for the maintenance and repair of private lateral sewer lines or private lateral water lines, including the utilization of authority employees for the maintenance and repair of private lateral sewer lines, whether within or outside the service area;

<-- (vi) [to] TO projects for financing working <-- capital[.];

<-- 20170SB0656PN0978 - 4 - (vii) for the expenditure of public money for the maintenance and repair of private lateral sewer lines or private lateral water lines, including the utilization of authority employees for the maintenance and repair of private lateral sewer lines, whether within or outside the service area;

(VII)* TO* PERFORM* THE(d) REPLACEMENTPowers.--Every ORauthority REMEDIATIONmay OFexercise <--all PRIVATEpowers WATER20170SB0656PN0846 LATERALS- AND4 PRIVATE- SEWERnecessary LATERALSor FORconvenient CUSTOMERSfor OFthe THEcarrying AUTHORITYout IFof THEthe AUTHORITYpurposes DETERMINESset THATforth THEin REPLACEMENTthis ORsection, REMEDIATIONincluding, WILLbut BENEFITwithout THElimiting PUBLICthe HEALTH,generality PUBLICof WATERthe SUPPLYforegoing, SYSTEMthe ORfollowing PUBLICrights SEWERand SYSTEM.powers:

NO AUTHORITY THAT HAS PERFORMED A REPLACEMENT OR REMEDIATION UNDER THIS SUBPARAGRAPH SHALL BE DEEMED TO BE THE OWNER OF THE PRIVATE WATER OR SEWER LATERALS OR OBLIGATED TO PERFORM ANY OTHER DUTIES UNLESS THE AUTHORITY MAKES AN AFFIRMATIVE DETERMINATION TO ACCEPT ANY DUTIES.

(VIII) TO USE PUBLIC FUNDS AND UTILIZE AUTHORITY EMPLOYEES FOR THE REPLACEMENT OR REMEDIATION OF PRIVATE WATER AND SEWER LATERALS IF THE AUTHORITY DETERMINES THAT THE REPLACEMENT OR REMEDIATION WILL BENEFIT THE PUBLIC HEALTH, THE PUBLIC WATER SUPPLY SYSTEM OR PUBLIC SEWER SYSTEM.

BEFORE USING PUBLIC FUNDS UNDER THIS SUBPARAGRAPH, THE AUTHORITY SHALL CONSIDER THE AVAILABILITY OF PUBLIC FUNDS, EQUIPMENT, PERSONNEL AND 20170SB0656PN0978 - 5 - FACILITIES AND THE COMPETING DEMANDS OF THE AUTHORITY FOR PUBLIC FUNDS, EQUIPMENT, PERSONNEL AND FACILITIES.

(IX) FOR THE CONSTRUCTION AND MAINTENANCE OF WATER OR SANITARY SEWER PUMP STATIONS, PUBLIC WATER DISTRIBUTION SYSTEMS, PUBLIC SEWER COLLECTION SYSTEMS OR SIMILAR GENERAL CONSTRUCTION SERVICES WITHIN THE SERVICE AREA OF THE AUTHORITY, OR BY CONTRACT OR AGREEMENT WITH THE AUTHORITY.

* * * (d) Powers.--Every authority may exercise all powers <-- necessary or convenient for the carrying out of the purposes set forth in this section, including, but without limiting the generality of the foregoing, the following rights and powers:

Construction by the property owner shall be in accordance with an agreement for the extension of the authority's system 20170SB0656PN0978 - 6 - and plans and specifications approved by the authority and shall be undertaken only pursuant to the existing regulations, requirements, rules and standards of the authority applicable to such construction.

When a main is to be extended at the expense of the owner of properties, the property owner may be required to deposit with the authority, in advance of construction, the authority's estimated reasonable and 20170SB0656PN0846 - 5 - necessary cost of reviewing plans, construction inspections, administrative, legal and engineering services.

An authority 20170SB0656PN0978 - 7 - may provide in its regulations those facilities which, having been constructed at the expense of the owner of properties, the authority will require to be dedicated and which facility or facilities the authority will accept as a part of its system.

No authority that has 20170SB0656PN0846 - 6 - performed the replacement or remediation under this paragraph shall be deemed to be the owner of the private lateral water lines or obligated to perform any other duties regarding private water lines, unless the authority makes an affirmative determination to accept such duties.

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