PRINTER'S NO. 157
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 204
Session of
2025
INTRODUCED BY ROTHMAN, STEFANO AND DUSH, JANUARY 29, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 29, 2025
AN ACT
1 Amending the act of October 4, 1978 (P.L.864, No.167), entitled
2 "An act providing for the regulation of land and water use
3 for flood control and storm water management purposes,
4 imposing duties and conferring powers on the Department of
5 Environmental Resources, municipalities and counties,
6 providing for enforcement, and making appropriations,"
7 further providing for powers and duties of the Department of
8 Environmental Resources; repealing provisions relating to
9 appropriations; and making editorial changes.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title of the act of October 4, 1978 (P.L.864,
13 No.167), known as the Storm Water Management Act, is amended to
14 read:
15 AN ACT
16 Providing for the regulation of land and water use for flood
17 control and storm water management purposes, imposing duties
18 and conferring powers on the Department of Environmental
19 [Resources] Protection, municipalities and counties,
20 providing for enforcement, and making appropriations.
21 Section 2. The definition of "department" in section 4 of
22 the act is amended to read:
 1 Section 4. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Department." The Department of Environmental [Resources]
6 Protection of the Commonwealth of Pennsylvania.
7 * * *
8 Section 3. Section 9(a) introductory paragraph of the act is
9 amended to read:
10 Section 9. Review and approval by the department.
11 (a) The department shall, in consultation with the
12 Department of Community [Affairs] and Economic Development,
13 review all watershed storm water plans and revisions or
14 amendments thereto. It shall approve the plan if it determines:
15 * * *
16 Section 4. Section 14 heading and (a) introductory
17 paragraph, (2) and (4) of the act are amended and the section is
18 amended by adding a subsection to read:
19 Section 14. Powers and duties of the [Department of
20 Environmental Resources] department.
21 (a) The [Department of Environmental Resources] department
22 shall have the power and its duty shall be to:
23 * * *
24 (2) Provide in cooperation with the Department of
25 Community [Affairs] and Economic Development technical
26 assistance to counties and municipalities in implementing
27 this act.
28 * * *
29 (4) Review, in cooperation with the Department of
30 Community [Affairs] and Economic Development, and approve all
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 1 watershed plans and revisions thereto.
2 * * *
3 (c) The department shall on an annual basis:
4 (1) Conduct active water quality testing of surface
5 waters within a watershed storm water plan in accordance with
6 40 CFR Pt. 136 (relating to guidelines establishing test
7 procedures for the analysis of pollutants).
8 (2) If the department does not have the resources to
9 conduct the water quality testing required under this
10 subsection, rely on the following to calculate the water
11 quality standards of surface waters within a watershed storm
12 water plan:
13 (i) Water quality testing from the county
14 conservation district, the Pennsylvania Fish and Boat
15 Commission, the Department of Conservation and Natural
16 Resources, the Pennsylvania Game Commission, an
17 institution of higher education that receives State
18 funding or a private laboratory accredited by the
19 department to perform water quality testing.
20 (ii) If the department has not received water
21 quality testing specified under subparagraph (i), a water
22 quality testing model.
23 (3) Grant a National Pollutant Discharge Elimination
24 System permit waiver to a small municipal separate storm
25 sewer system that is in compliance with the criteria
26 specified under 40 CFR 122.32(d) or (e) (relating to as an
27 operator of a small MS4, am I regulated under the NPDES storm
28 water program?).
29 Section 5. Section 17(a) introductory paragraph and (c) of
30 the act are amended to read:
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 1 Section 17. Grants and reimbursements to municipalities and
2 counties.
3 (a) The [Department of Environmental Resources] department
4 is authorized to administer grants to municipalities and
5 counties to assist or reimburse them for costs in preparing
6 official storm water management plans and actual administrative
7 and enforcement and implementation costs and revisions to
8 official plans for storm water management required by this act.
9 Grants and reimbursements shall be made from and to the extent
10 of funds appropriated by the General Assembly for such purposes,
11 and shall be made in accordance to rules and regulations adopted
12 by the Environmental Quality Board.
13 * * *
14 (c) If, in any fiscal year, appropriations are insufficient
15 to cover the costs or grants and reimbursement to all
16 municipalities and counties eligible for such grants and
17 reimbursements in that fiscal year, the [Department of
18 Environmental Resource] department shall report such fact to the
19 General Assembly and shall request appropriation of funds
20 necessary to provide the grants authorized in this section. If
21 such a deficiency appropriation is not enacted, any municipality
22 or county which has not received the full amount of the grant
23 for which it is eligible under this section shall be as a first
24 priority reimbursed from appropriations made in the next
25 successive fiscal year.
26 Section 6. Section 18 of the act is repealed:
27 [Section 18. Appropriations.
28 The sum of $500,000, or as much thereof as may be necessary,
29 is hereby appropriated for the fiscal period beginning July 1,
30 1978, and ending June 30, 1979, to the Department of
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1 Environmental Resources for the purposes of administrative and
2 general expenses in implementing the provisions of this act.]
3 Section 7. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 0157: P.L.864, No.167