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.

PRINTER'S NO.   1081

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 990
                                               Session of
                                                 2025

     INTRODUCED BY STRUZZI, FREEMAN, KENYATTA AND ZIMMERMAN,
        MARCH 24, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 24, 2025


                                    AN ACT
 1   Amending Titles 8 (Boroughs and Incorporated Towns) and 11
 2      (Cities) of the Pennsylvania Consolidated Statutes, in storm
 3      sewers and watercourses, further providing for authority of
 4      boroughs and for manner of financing work; providing for
 5      storm water management plans and facilities for incorporated
 6      towns; and, in watercourses, flood protection projects and
 7      storm water systems, further providing for establishing and
 8      changing watercourses, flood protection projects and storm
 9      water systems and for assessment of benefits and liens.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.    Section 2201 of Title 8 of the Pennsylvania
13   Consolidated Statutes is amended by adding a subsection to read:
14   § 2201.    Authority of boroughs.
15      * * *
16      (c)    Ordinances.--A borough may enact and enforce ordinances
17   to govern and regulate the planning, management, implementation,
18   construction and maintenance of storm water facilities.
19      Section 2.    Section 2203 of Title 8 is amended to read:
20   § 2203.    Manner of financing work.
21      (a)    Financing.--A borough may pay for the costs and expenses
 1   of any work or activity authorized under section 2201 (relating
 2   to authority of boroughs) wholly or in part from money of the
 3   borough available for the purpose.
 4      (b)   Assessments.--To the extent that a borough does not
 5   receive assistance from the Federal, State or county government
 6   for the costs and expenses of the work, the borough may assess
 7   the benefited properties located within the drainage area of the
 8   watercourse in accordance with Chapter 21A (relating to
 9   assessments and charges for public improvements).
10      (c)   Fees.--For the purposes of funding the construction,
11   maintenance and operation of storm water management facilities,
12   systems and management plans authorized under this chapter, a
13   borough may assess reasonable and uniform fees based in whole or
14   in part on the characteristics of the property benefited by the
15   facilities, systems and management plans. In establishing the
16   fees, the borough shall consider and provide appropriate
17   exemptions or credits for properties that have installed and are
18   maintaining storm water facilities that meet best management
19   practices and are approved or inspected by the borough. The
20   assessed fees shall be filed with the borough treasurer. An
21   ordinance shall specify whether payments are to be made by
22   annual or more frequent installments.
23      (d)   Methods of assessment.--A fee levied by the borough may
24   be assessed in one of the following methods:
25            (1)   On all properties in the borough.
26            (2)   On all properties benefited by a specific storm
27      water project.
28            (3)   By establishing a storm water management district
29      and assessing the fee on all property owners in the district.
30      (e)   Use.--A fee collected for the purposes of storm water

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 1   management may only be used for the purposes authorized under
 2   this chapter.
 3      Section 3.     Title 8 is amended by adding a part to read:
 4                                   PART II
 5                             INCORPORATED TOWNS
 6   Chapter
 7      41.     (Reserved)
 8      74.     Storm Water Management Plans and Facilities
 9                                  CHAPTER 41
10                                  (Reserved)
11                                  CHAPTER 74
12                STORM WATER MANAGEMENT PLANS AND FACILITIES
13   Sec.
14   7401.     Storm water management systems authorized.
15   7402.     Construction of storm water management facilities.
16   7403.     System management.
17   7404.     Ordinances.
18   7405.     Fees.
19   § 7401.     Storm water management systems authorized.
20      The town council may plan, design, construct, assemble,
21   install and alter facilities, including inlets, outlets, systems
22   of piping, diversion terraces, grass waterways, energy
23   dissipaters, storm water retention devices and natural or
24   artificial infiltration areas, to manage surface water runoff.
25   § 7402.     Construction of storm water management facilities.
26      (a)     Acquisition.--The town council may acquire by purchase,
27   deed of dedication or eminent domain proceedings all or part of
28   an existing system or facility for the management of surface
29   water runoff that may have been established or constructed by a
30   property owner in the incorporated town or establish, construct

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 1   and maintain systems or facilities in the best interest of the
 2   incorporated town.
 3      (b)    Price.--If the town council and the owners of systems
 4   can agree upon a price to be paid by the incorporated town, the
 5   purchase may be consummated if the amount to be paid does not
 6   exceed the actual value of the facilities to be transferred.
 7      (c)    Eminent domain.--If the town council acquires the system
 8   by the exercise of eminent domain, the damages shall be
 9   determined by viewers under this title for eminent domain
10   proceedings.
11   § 7403.   System management.
12      (a)    Management.--When exercising the powers under this
13   chapter, the town council shall manage storm water originating
14   in or passing through the incorporated town in a manner that is
15   consistent with the requirements of the act of October 4, 1978
16   (P.L.864, No.167), known as the Storm Water Management Act, and
17   the storm water management guidelines and any regulations that
18   may be adopted by the Department of Environmental Protection.
19      (b)    Consistency.--All storm water management activities must
20   be consistent with a watershed storm water management plan when
21   the plan has been approved by the Department of Environmental
22   Protection.
23      (c)    Review by county conservation district.--If storm water
24   management activities are undertaken in watersheds for which
25   there is no approved storm water management plan, all drawings,
26   documents, profiles and designs and descriptions of the proposed
27   activities to be undertaken by the incorporated town shall be
28   submitted to the county conservation district for review and
29   comment before the initiation of earthmoving activities. The
30   conservation district shall have 30 days to review and respond

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 1   with comments to the board of commissioners. Failure to respond
 2   within that time constitutes favorable comment by the
 3   conservation district.
 4   § 7404.   Ordinances.
 5      (a)    Storm water management.--The town council may enact
 6   storm water management ordinances and require persons conducting
 7   earthmoving activities to obtain approval from the board of
 8   commissioners for those activities. Ordinances must be
 9   consistent with watershed storm water management plans where
10   they exist and in all cases must be consistent with the act of
11   October 4, 1978 (P.L.864, No.167), known as the Storm Water
12   Management Act.
13      (b)    Storm water facilities.--The town council may enact and
14   enforce ordinances to govern and regulate the planning,
15   management, implementation, construction and maintenance of
16   storm water facilities.
17   § 7405.   Fees.
18      (a)    Fee structure.--For the purposes of funding the
19   construction, maintenance and operation of storm water
20   management facilities, systems and plans authorized under this
21   chapter, an incorporated town may assess reasonable and uniform
22   fees based in whole or in part on the characteristics of the
23   property benefited by the facilities, systems and plans. In
24   establishing the fees, the incorporated town shall consider and
25   provide appropriate exemptions or credits for properties that
26   have installed and are maintaining storm water facilities that
27   meet best management practices and are approved or inspected by
28   the incorporated town.
29      (b)    Methods of assessments.--A fee levied by the
30   incorporated town may be assessed in one of the following

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 1   methods:
 2            (1)   On all properties in the incorporated town.
 3            (2)   On all properties benefited by a specific storm
 4      water project.
 5            (3)   By establishing a storm water management district
 6      and assessing the fee on all property owners in the district.
 7      (c)     Use.--A fee collected for the purposes of storm water
 8   management may only be used for the purposes authorized under
 9   this chapter.
10      (d)     Filing.--The assessments shall be filed with the town
11   treasurer.
12      (e)     Payments.--An ordinance shall specify whether payments
13   are to be made by annual or more frequent installments.
14      Section 4.     Section 13401 of Title 11 is amended by adding a
15   subsection to read:
16   § 13401.    Establishing and changing watercourses, flood
17                  protection projects and storm water systems.
18      * * *
19      (c)     Ordinances.--A city may enact and enforce ordinances to
20   govern and regulate the planning, management, implementation,
21   construction and maintenance of storm water facilities.
22      Section 5.     Section 13407 heading of Title 11 is amended and
23   the section is amended by adding subsections to read:
24   § 13407.    Assessment of benefits [and], liens and fees.
25      * * *
26      (d)     Fees.--For the purposes of funding the construction,
27   maintenance and operation of storm water management facilities,
28   systems and management plans authorized under this chapter, a
29   city may assess reasonable and uniform fees based in whole or in
30   part on the characteristics of the property benefited by the

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 1   facilities, systems and management plans. In establishing the
 2   fees, the city shall consider and provide appropriate exemptions
 3   or credits for properties that have installed and are
 4   maintaining storm water facilities that meet best management
 5   practices and are approved or inspected by the city. The
 6   assessed fees shall be filed with the city treasurer. An
 7   ordinance shall specify whether payments are to be made by
 8   annual or more frequent installments.
 9      (e)   Methods of assessment.--A fee levied by the city may be
10   assessed in one of the following methods:
11            (1)   On all properties in the city.
12            (2)   On all properties benefited by a specific storm
13      water project.
14            (3)   By establishing a storm water management district
15      and assessing the fee on all property owners in the district.
16      (f)   Use.--A fee collected for the purposes of storm water
17   management may only be used for the purposes authorized under
18   this chapter.
19      Section 6.    This act shall take effect in 60 days.




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