HB 750 — An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, further providing for definitions; and, in subdivision and land development, providing for local option for high impact warehouses and distribution centers.

PRINTER'S NO.   750

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 750
                                                 Session of
                                                   2025

     INTRODUCED BY EMRICK, KAUFFMAN AND BRENNAN, FEBRUARY 25, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 25, 2025


                                    AN ACT
 1   Amending the act of July 31, 1968 (P.L.805, No.247), entitled
 2      "An act to empower cities of the second class A, and third
 3      class, boroughs, incorporated towns, townships of the first
 4      and second classes including those within a county of the
 5      second class and counties of the second through eighth
 6      classes, individually or jointly, to plan their development
 7      and to govern the same by zoning, subdivision and land
 8      development ordinances, planned residential development and
 9      other ordinances, by official maps, by the reservation of
10      certain land for future public purpose and by the acquisition
11      of such land; to promote the conservation of energy through
12      the use of planning practices and to promote the effective
13      utilization of renewable energy sources; providing for the
14      establishment of planning commissions, planning departments,
15      planning committees and zoning hearing boards, authorizing
16      them to charge fees, make inspections and hold public
17      hearings; providing for mediation; providing for transferable
18      development rights; providing for appropriations, appeals to
19      courts and penalties for violations; and repealing acts and
20      parts of acts," in general provisions, further providing for
21      definitions; and, in subdivision and land development,
22      providing for local option for high impact warehouses and
23      distribution centers.
24      The General Assembly of the Commonwealth of Pennsylvania
25   hereby enacts as follows:
26      Section 1.    Section 107(a) of the act of July 31, 1968
27   (P.L.805, No.247), known as the Pennsylvania Municipalities
28   Planning Code, is amended by adding definitions to read:
29      Section 107.    Definitions.--(a)    The following words and
 1   phrases when used in this act shall have the meanings given to
 2   them in this subsection unless the context clearly indicates
 3   otherwise:
 4      * * *
 5      "Distribution center," a specialized facility within the
 6   supply chain management system that serves as a central point
 7   for receiving, storing, managing and distributing goods to
 8   various destinations. The term does not include a facility that
 9   is open to the public for retail sales.
10      * * *
11      "High impact warehouse or distribution center," a proposed
12   development of regional significance and impact that is a
13   warehouse or a distribution center that uses at least three
14   acres and is 100,000 square feet or greater.
15      * * *
16      "Warehouse," a large, organized space or facility used for
17   the systematic storage, retrieval and movement of various goods,
18   materials, merchandise and other items. The term does not
19   include a facility that is open to the public for retail sales.
20      * * *
21      Section 2.   The act is amended by adding a section to read:
22      Section 508.2.   Local Option for High Impact Warehouses and
23   Distribution Centers.--(a)   A decision of a governing body or
24   the planning agency under section 508 that approves an
25   application for a plat containing a high impact warehouse or
26   distribution center is not final unless the electorate of the
27   municipality through a local option at an election approve the
28   proposed high impact warehouse or distribution center in
29   accordance with this section.
30      (b)   An election under this section shall be held on the date

20250HB0750PN0750                    - 2 -
 1   of the next election which occurs at least 100 days after a
 2   decision of a governing body or planning agency under subsection
 3   (a), to determine the will of the electors with respect to
 4   approval of the proposed high impact warehouse or distribution
 5   center within the limits of the municipality under the
 6   provisions of this act.
 7      (c)   When the governing body of the municipality adopts, by a
 8   majority vote, a resolution to place a question on the ballot
 9   and files a copy of the resolution with the board of elections
10   of the county for a referendum on the question of approving a
11   specific high impact warehouse or distribution center, the
12   county board of elections shall place a question on the ballot
13   or on the voting machine board and submit the question to the
14   electors at the applicable election.
15      (d)   On the ballot and immediately preceding the question
16   shall appear a sentence describing the details of the proposed
17   high impact warehouse or distribution center use such as the
18   total acreage, the proposed building size and any proposed road
19   and street improvements. The question shall be in the following
20   form:
21      Do you approve of (name of municipality) approving the high
22      impact warehouse or distribution center at (location) whose
23      application was submitted on (month) of (year)?
24      (e)   If a majority of the electors voting on the question
25   vote "yes," the application filed under section 508 is finally
26   approved in the municipality, but if a majority of the electors
27   voting on the question vote "no," the application for the
28   proposed high impact warehouse or distribution center is denied.
29      (f)   Except as otherwise provided in this section,
30   proceedings under this section shall be in accordance with the

20250HB0750PN0750                  - 3 -
1   provisions of the act of June 3, 1937 (P.L.1333, No.320), known
2   as the "Pennsylvania Election Code."
3      Section 3.   This act shall take effect in 60 days.




20250HB0750PN0750                 - 4 -