PRINTER'S NO. 668
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 659
Session of
2025
INTRODUCED BY WEBSTER, MALAGARI, GIRAL, HILL-EVANS, PROBST,
FREEMAN, SANCHEZ, HOWARD, BOYD AND RIVERA, FEBRUARY 20, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, FEBRUARY 20, 2025
AN ACT
1 Updating and expanding the storm water planning requirements to
2 be undertaken by counties; authorizing counties to regulate
3 storm water within a watershed-based planning area;
4 authorizing the formation of water resources management
5 authorities; enabling counties, municipalities and water
6 resources management authorities to develop integrated water
7 resources management plans; imposing duties and conferring
8 powers on the Department of Environmental Protection, the
9 Environmental Quality Board, counties, municipalities and
10 water resources management authorities; providing for
11 financing and for waiver of use for certain grant or loan
12 funds; establishing the Integrated Water Resources Management
13 Account; and making repeals.
14 TABLE OF CONTENTS
15 Chapter 1. General Provisions
16 Section 101. Short title.
17 Section 102. Legislative findings.
18 Section 103. Purposes.
19 Section 104. Definitions.
20 Chapter 2. Powers and Duties
21 Section 201. Powers and duties of counties.
22 Section 202. Powers and duties of department and Environmental
23 Quality Board.
1 Section 203. Powers and duties of municipalities.
2 Section 204. Powers and duties of water resources management
3 authorities.
4 Chapter 3. Comprehensive Storm Water Management Planning
5 Section 301. Comprehensive storm water management planning and
6 management requirements.
7 Section 302. Review and approval or disapproval by department.
8 Section 303. Implementation of comprehensive storm water
9 management plans.
10 Section 304. Failure to submit and implement comprehensive
11 storm water management plan.
12 Section 305. Failure of municipalities to adopt ordinances and
13 implement plans.
14 Chapter 4. Integrated Water Resources Management Planning and
15 Procedure
16 Section 401. Water resources management coordination and
17 integration.
18 Section 402. Integrated water resources management planning
19 process.
20 Section 403. Integrated water resources management plan
21 requirements.
22 Section 404. Implementation of integrated water resources
23 management plans.
24 Section 405. Water resources management corridors.
25 Section 406. Failure of municipalities to adopt implementing
26 ordinances.
27 Chapter 5. Water Resources Management Authorities
28 Section 501. Water resources management authorities.
29 Section 502. Additional powers and duties of water resources
30 management authorities.
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1 Chapter 6. Rights, Remedies, Funding and Enforcement
2 Section 601. Duty of persons engaged in development of land.
3 Section 602. Funding and imposing fees on tax-exempt property.
4 Section 603. Entry upon land for surveys and examinations.
5 Section 604. Preservation of existing rights and remedies.
6 Section 605. Civil remedies.
7 Section 606. Administrative procedure and judicial review.
8 Section 607. Integrated Water Resources Management Account.
9 Section 608. Grants and reimbursements.
10 Section 609. Waiver of use of grant and loan funds.
11 Chapter 7. Miscellaneous Provisions
12 Section 701. Repeals.
13 Section 702. Effective date.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 CHAPTER 1
17 GENERAL PROVISIONS
18 Section 101. Short title.
19 This act shall be known and may be cited as the Integrated
20 Water Resources Restoration, Protection and Management Act.
21 Section 102. Legislative findings.
22 The General Assembly finds that:
23 (1) Inadequate management of storm water runoff and the
24 insufficient planning, coordination and integration of
25 regulatory programs associated with water resources
26 management activities cause increased flood flows and
27 velocities, contribute to accelerated erosion and
28 sedimentation, overtax the carrying capacity of streams and
29 storm sewers, greatly increase the cost of public facilities
30 to carry and control storm water and wastewater, undermine
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1 flood plain management and flood control efforts in
2 downstream communities, reduce groundwater recharge, diminish
3 the quality and quantity of water supplies and threaten the
4 environment, public health, safety and property.
5 (2) The Storm Water Management Act is not sufficiently
6 comprehensive to address the needs of this Commonwealth.
7 While the act provides a basis for storm water management
8 planning by counties on a watershed basis, additional
9 provisions are needed in addition to the Storm Water
10 Management Act requirements to provide integrated and
11 thorough planning and management of water resources in
12 watershed-based planning areas and to address current and
13 past water resources management problems, as well as
14 prospective and ongoing development.
15 (3) A comprehensive, integrated approach to water
16 resources management, building on the protections established
17 under The Clean Streams Law, including reasonable regulation
18 of development and activities causing adverse impacts to
19 waters of this Commonwealth, is fundamental to public health,
20 safety and welfare and protection of the residents of this
21 Commonwealth, their resources and the environment.
22 (4) Adequate management of this Commonwealth's water
23 resources requires additional legal mechanisms for
24 coordination and integration of water resources management
25 planning among State agencies and county and municipal
26 governments.
27 (5) Dedicated funding is needed to develop and implement
28 integrated water resources management plans to protect,
29 maintain, reclaim and restore this Commonwealth's water
30 resources and the environment and to protect public health,
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1 safety and property.
2 Section 103. Purposes.
3 The purposes of this act are to:
4 (1) Provide for more comprehensive storm water planning
5 and management, building on the framework found in the Storm
6 Water Management Act, and implementing The Clean Streams Law,
7 to authorize planning for and remediation of storm-water-
8 associated problems and integrating related water resources
9 management programs.
10 (2) Restore, reclaim, protect and maintain the water
11 quality, quantity and natural hydrologic regime.
12 (3) Regulate and, as appropriate, restrict development
13 in the floodways and floodplains of this Commonwealth's
14 rivers and streams.
15 (4) Preserve the carrying capacity of watercourses.
16 (5) Protect, maintain, reclaim and restore surface
17 waters and groundwaters of this Commonwealth.
18 (6) Protect the natural resources, environmental rights
19 and values secured by the Constitution of Pennsylvania.
20 (7) Authorize counties to undertake and enforce
21 comprehensive, ecologically sustainable and consistent water
22 resources management planning.
23 (8) Consolidate and coordinate governmental resources.
24 (9) Establish a dedicated, stable and tailored funding
25 source.
26 (10) Authorize municipalities or water resources
27 management to undertake the activities under paragraph (7) if
28 a county does not elect to undertake the integrated water
29 resources planning or management.
30 (11) Encourage the regional implementation of integrated
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1 water resources management plans within watershed-based
2 planning areas to preserve and protect watershed-based
3 planning areas from the adverse effects of fragmented
4 planning related to water resources protection, water
5 infrastructure, wet weather and wastewater management, storm
6 water runoff and subsurface drainage.
7 (12) Authorize the creation of water resources
8 management authorities to enable counties and municipalities
9 to regulate, manage, operate and maintain activities,
10 facilities and development that may affect storm water runoff
11 or water resources within watershed-based planning areas.
12 (13) Regulate, implement and manage comprehensive storm
13 water management plans or integrated water resources
14 management plans within watershed-based planning areas.
15 (14) Undertake the planning related to the activities
16 under paragraphs (12) and (13) as appropriate.
17 (15) Encourage water resources management authorities to
18 utilize a comprehensive integrated water resources approach
19 for water resources protection, maintenance and improvement,
20 including quantity and quality, and other environmental
21 benefits.
22 (16) Authorize dedicated funding to develop and
23 implement updated, expanded and comprehensive storm water
24 planning and management, as well as to develop and implement
25 integrated water resources management plans to protect,
26 maintain, reclaim and restore this Commonwealth's water
27 resources and to protect public health, safety, property and
28 the environment.
29 Section 104. Definitions.
30 The following words and phrases when used in this act shall
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1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Account." The Integrated Water Resources Management Account
4 established under section 607(a).
5 "Allowable costs." Reasonable expenses associated with
6 preparation, administration, implementation, revision and
7 enforcement of department-approved comprehensive storm water
8 management plans, integrated water resources management plans
9 and ordinances adopted in accordance with the plans, and
10 including storm water or integrated water resource management
11 best management practices operation and maintenance.
12 "Best management practices." Activities, facilities,
13 measures or procedures used to protect, maintain, reclaim and
14 restore the quantity and quality of waters and uses within this
15 Commonwealth.
16 "Clean Streams Law." The act of June 22, 1937 (P.L.1987,
17 No.394), known as The Clean Streams Law.
18 "Comprehensive storm water management plan." A storm water
19 management plan developed in accordance with the Storm Water
20 Management Act and the requirements of Chapter 3.
21 "Critical water planning area." An area identified under 27
22 Pa.C.S. ยง 3112(a)(6) or (d)(1) (relating to plan contents).
23 "Department." The Department of Environmental Protection of
24 the Commonwealth.
25 "Infrastructure." Structural elements, structural and
26 nonstructural management practices and operating procedures that
27 support drinking water, wastewater, storm water, floodplain and
28 other water resources management activities.
29 "Integrated water resources management." Implementation of
30 multiple statutory and regulatory planning obligations related
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1 to the water resources of this Commonwealth.
2 "Integrated water resources management plan." A plan
3 containing all of the elements prescribed under the Storm Water
4 Management Act, and the additional requirements of Chapters 3
5 and 4 which includes proposals for regulating activities and
6 development that may affect water resources and wastewater
7 management within the planning area.
8 "Land development." The subdivision of land, or the
9 improvement of one or more lots, tracts or parcels of land for
10 any purpose.
11 "Municipalities Planning Code." The act of July 31, 1968
12 (P.L.805, No.247), known as the Pennsylvania Municipalities
13 Planning Code.
14 "Municipality." Any of the following:
15 (1) A city, borough, incorporated town or township.
16 (2) Another governmental unit when acting as an agent
17 for a city, borough, incorporated town or township.
18 (3) A combination of entities specified under paragraphs
19 (1) and (2) acting jointly.
20 "Recharge." As follows:
21 (1) The process by which water is absorbed and is added
22 to the zone of saturation of a groundwater aquifer.
23 (2) The term includes the quantity of water that is
24 added to the zone of saturation.
25 "Remedial plan." A plan containing all of the elements
26 prescribed under section 301 which includes requirements for
27 assessment and remediation of storm-water-related problems.
28 "Responsible entity." A county or counties, multiple
29 municipalities or water resources management authority
30 designated to implement the comprehensive storm water management
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1 plan or integrated water resources management plan, or both,
2 including construction, operation and maintenance of associated
3 infrastructure.
4 "Storm water." Drainage runoff from the surface of the land
5 resulting from precipitation or snow or ice melt.
6 "Storm water best management practice." As follows:
7 (1) Activities, facilities, measures or procedures used
8 to protect, maintain, reclaim and restore the quantity and
9 quality of waters and uses within this Commonwealth as
10 approved by the department.
11 (2) The term includes plans under the Storm Water
12 Management Act or other plans, treatment requirements,
13 operating procedures and practices to manage and control the
14 rate, volume and water quality of storm water runoff.
15 "Storm Water Management Act." The act of October 4, 1978
16 (P.L.864, No.167), known as the Storm Water Management Act.
17 "Storm water management plan." A plan for storm water
18 management prepared and adopted by a county in accordance with
19 the Storm Water Management Act.
20 "Submitting agency." A county, counties, multiple
21 municipalities or a water resources management authority which
22 elects to develop and submit an integrated water resources
23 management plan, in accordance with the requirements of section
24 401(a), to the department for approval under this act.
25 "Subsurface drainage." Drainage runoff which occurs below
26 the surface of the ground resulting from precipitation or snow
27 or ice melt.
28 "Water resources management authority." A body politic and
29 corporate created under the former act of May 2, 1945 (P.L.382,
30 No.164), known as the Municipality Authorities Act of 1945, 53
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1 Pa.C.S. Ch. 56 (relating to municipal authorities) or section
2 501 for the purpose of planning, constructing, operating,
3 maintaining, managing and regulating storm water or integrated
4 water resources management structures, practices and activities.
5 "Water resources management planning." Planning based on
6 watershed areas to protect, maintain, reclaim and restore the
7 quality and quantity of surface water and groundwater and the
8 physical, chemical and biological characteristics of bodies of
9 water from the effects of past and future activities and
10 development while assuring sustainable supplies of clean water
11 to meet current and future needs and minimizing the impact of
12 storm water on public health, safety, property and the
13 environment.
14 "Watershed." The entire region or area drained by a river or
15 other body of water, whether natural or artificial.
16 "Watershed-based planning area." A planning area approved by
17 the department and based on watershed boundaries, as well as
18 political boundaries or geographic considerations, that is the
19 focus of a comprehensive storm water management plan or
20 integrated water resources management plan.
21 CHAPTER 2
22 POWERS AND DUTIES
23 Section 201. Powers and duties of counties.
24 (a) Comprehensive storm water management plan.--A county
25 shall prepare and ensure implementation of a comprehensive storm
26 water management plan in accordance with section 301. In
27 addition to any existing powers, and consistent with the
28 requirements of section 401(a), the county may elect to develop
29 or implement an integrated water resources management plan in
30 accordance with Chapter 4.
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