PRIOR PRINTER'S NO. 1081 PRINTER'S NO. 1328
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 990
Session of
2025
INTRODUCED BY STRUZZI, FREEMAN AND ZIMMERMAN, MARCH 24, 2025
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 9, 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 (C) FEES.-- <--
24 (1) FOR THE PURPOSES OF FUNDING THE CONSTRUCTION,
25 MAINTENANCE AND OPERATION OF STORM WATER MANAGEMENT
26 FACILITIES, SYSTEMS AND MANAGEMENT PLANS AUTHORIZED UNDER
27 THIS CHAPTER, A BOROUGH MAY ASSESS REASONABLE AND UNIFORM
28 FEES BASED IN WHOLE OR IN PART ON THE CHARACTERISTICS OF THE
29 PROPERTY BENEFITED BY THE FACILITIES, SYSTEMS AND MANAGEMENT
30 PLANS.
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 1 (2) IN ESTABLISHING THE FEES, THE BOROUGH MAY INCLUDE A
2 MEASURE OF A PROPERTY'S IMPERVIOUS SURFACE AS DETERMINED BY
3 THE BOROUGH. ALL PROPERTIES CONTAINING IMPERVIOUS SURFACE ARE
4 PRESUMED TO BENEFIT FROM THE BOROUGH'S STORM WATER PLANNING,
5 MANAGEMENT AND IMPLEMENTATION. FOR PURPOSES OF THIS
6 PARAGRAPH, THE TERM "IMPERVIOUS SURFACE" MEANS AN AREA,
7 MATERIAL, STRUCTURE, SURFACE OR IMPROVEMENT THAT DOES NOT
8 ALLOW OR THAT REDUCES OR PREVENTS INFILTRATION OF WATER INTO
9 SOIL, INCLUDING COMPACTED DIRT, GRAVEL, CONCRETE, ASPHALT,
10 ROADS, SIDEWALKS, PARKING LOTS, DRIVEWAYS, PATIOS, ROOFS,
11 GARAGES AND STORAGE SHEDS.
12 (3) IN ESTABLISHING THE FEES, THE BOROUGH SHALL CONSIDER
13 AND PROVIDE APPROPRIATE EXEMPTIONS OR CREDITS FOR PROPERTIES
14 THAT HAVE INSTALLED AND ARE MAINTAINING STORM WATER
15 FACILITIES THAT MEET BEST MANAGEMENT PRACTICES AND ARE
16 APPROVED OR INSPECTED BY THE BOROUGH. THE ASSESSED FEES SHALL
17 BE FILED WITH THE BOROUGH TREASURER. AN ORDINANCE SHALL
18 SPECIFY WHETHER PAYMENTS ARE TO BE MADE BY ANNUAL OR MORE
19 FREQUENT INSTALLMENTS.
20 (d) Methods of assessment.--A fee levied by the borough may
21 be assessed in one of the following methods:
22 (1) On all properties in the borough.
23 (2) On all properties benefited by a specific storm
24 water project.
25 (3) By establishing a storm water management district
26 and assessing the fee on all property owners in the district.
27 (e) Use.--A fee collected for the purposes of storm water
28 management may only be used for the purposes authorized under
29 this chapter.
30 Section 3. Title 8 is amended by adding a part to read:
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 1 PART II
2 INCORPORATED TOWNS
3 Chapter
4 41. (Reserved)
5 74. Storm Water Management Plans and Facilities
6 CHAPTER 41
7 (Reserved)
8 CHAPTER 74
9 STORM WATER MANAGEMENT PLANS AND FACILITIES
10 Sec.
11 7401. Storm water management systems authorized.
12 7402. Construction of storm water management facilities.
13 7403. System management.
14 7404. Ordinances.
15 7405. Fees.
16 § 7401. Storm water management systems authorized.
17 The town council may plan, design, construct, assemble,
18 install and alter facilities, including inlets, outlets, systems
19 of piping, diversion terraces, grass waterways, energy
20 dissipaters, storm water retention devices and natural or
21 artificial infiltration areas, to manage surface water runoff.
22 § 7402. Construction of storm water management facilities.
23 (a) Acquisition.--The town council may acquire by purchase,
24 deed of dedication or eminent domain proceedings all or part of
25 an existing system or facility for the management of surface
26 water runoff that may have been established or constructed by a
27 property owner in the incorporated town or establish, construct
28 and maintain systems or facilities in the best interest of the
29 incorporated town.
30 (b) Price.--If the town council and the owners of systems
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 1 can agree upon a price to be paid by the incorporated town, the
2 purchase may be consummated if the amount to be paid does not
3 exceed the actual value of the facilities to be transferred.
4 (c) Eminent domain.--If the town council acquires the system
5 by the exercise of eminent domain, the damages shall be
6 determined by viewers under this title for eminent domain
7 proceedings.
8 § 7403. System management.
9 (a) Management.--When exercising the powers under this
10 chapter, the town council shall manage storm water originating
11 in or passing through the incorporated town in a manner that is
12 consistent with the requirements of the act of October 4, 1978
13 (P.L.864, No.167), known as the Storm Water Management Act, and
14 the storm water management guidelines and any regulations that
15 may be adopted by the Department of Environmental Protection.
16 (b) Consistency.--All storm water management activities must
17 be consistent with a watershed storm water management plan when
18 the plan has been approved by the Department of Environmental
19 Protection.
20 (c) Review by county conservation district.--If storm water
21 management activities are undertaken in watersheds for which
22 there is no approved storm water management plan, all drawings,
23 documents, profiles and designs and descriptions of the proposed
24 activities to be undertaken by the incorporated town shall be
25 submitted to the county conservation district for review and
26 comment before the initiation of earthmoving activities. The
27 conservation district shall have 30 days to review and respond
28 with comments to the board of commissioners. Failure to respond
29 within that time constitutes favorable comment by the
30 conservation district.
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 1 § 7404. Ordinances.
2 (a) Storm water management.--The town council may enact
3 storm water management ordinances and require persons conducting
4 earthmoving activities to obtain approval from the board of
5 commissioners for those activities. Ordinances must be
6 consistent with watershed storm water management plans where
7 they exist and in all cases must be consistent with the act of
8 October 4, 1978 (P.L.864, No.167), known as the Storm Water
9 Management Act.
10 (b) Storm water facilities.--The town council may enact and
11 enforce ordinances to govern and regulate the planning,
12 management, implementation, construction and maintenance of
13 storm water facilities.
14 § 7405. Fees.
15 (a) Fee structure.--For the purposes of funding the <--
16 construction, maintenance and operation of storm water
17 management facilities, systems and plans authorized under this
18 chapter, an incorporated town may assess reasonable and uniform
19 fees based in whole or in part on the characteristics of the
20 property benefited by the facilities, systems and plans. In
21 establishing the fees, the incorporated town shall consider and
22 provide appropriate exemptions or credits for properties that
23 have installed and are maintaining storm water facilities that
24 meet best management practices and are approved or inspected by
25 the incorporated town.
26 (A) FEE STRUCTURE.-- <--
27 (1) FOR THE PURPOSES OF FUNDING THE CONSTRUCTION,
28 MAINTENANCE AND OPERATION OF STORM WATER MANAGEMENT
29 FACILITIES, SYSTEMS AND PLANS AUTHORIZED UNDER THIS CHAPTER,
30 AN INCORPORATED TOWN MAY ASSESS REASONABLE AND UNIFORM FEES
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 1 BASED IN WHOLE OR IN PART ON THE CHARACTERISTICS OF THE
2 PROPERTY BENEFITED BY THE FACILITIES, SYSTEMS AND PLANS.
3 (2) IN ESTABLISHING THE FEES, THE INCORPORATED TOWN MAY
4 INCLUDE A MEASURE OF A PROPERTY'S IMPERVIOUS SURFACE AS
5 DETERMINED BY THE INCORPORATED TOWN. ALL PROPERTIES
6 CONTAINING IMPERVIOUS SURFACE ARE PRESUMED TO BENEFIT FROM
7 THE INCORPORATED TOWN'S STORM WATER PLANNING, MANAGEMENT AND
8 IMPLEMENTATION. FOR PURPOSES OF THIS PARAGRAPH, THE TERM
9 "IMPERVIOUS SURFACE" MEANS AN AREA, MATERIAL, STRUCTURE,
10 SURFACE OR IMPROVEMENT THAT DOES NOT ALLOW OR THAT REDUCES OR
11 PREVENTS INFILTRATION OF WATER INTO SOIL, INCLUDING COMPACTED
12 DIRT, GRAVEL, CONCRETE, ASPHALT, ROADS, SIDEWALKS, PARKING
13 LOTS, DRIVEWAYS, PATIOS, ROOFS, GARAGES AND STORAGE SHEDS.
14 (3) IN ESTABLISHING THE FEES, THE INCORPORATED TOWN
15 SHALL CONSIDER AND PROVIDE APPROPRIATE EXEMPTIONS OR CREDITS
16 FOR PROPERTIES THAT HAVE INSTALLED AND ARE MAINTAINING STORM
17 WATER FACILITIES THAT MEET BEST MANAGEMENT PRACTICES AND ARE
18 APPROVED OR INSPECTED BY THE INCORPORATED TOWN.
19 (b) Methods of assessments.--A fee levied by the
20 incorporated town may be assessed in one of the following
21 methods:
22 (1) On all properties in the incorporated town.
23 (2) On all properties benefited by a specific storm
24 water project.
25 (3) By establishing a storm water management district
26 and assessing the fee on all property owners in the district.
27 (c) Use.--A fee collected for the purposes of storm water
28 management may only be used for the purposes authorized under
29 this chapter.
30 (d) Filing.--The assessments shall be filed with the town
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 1 treasurer.
2 (e) Payments.--An ordinance shall specify whether payments
3 are to be made by annual or more frequent installments.
4 Section 4. Section 13401 of Title 11 is amended by adding a
5 subsection to read:
6 § 13401. Establishing and changing watercourses, flood
7 protection projects and storm water systems.
8 * * *
9 (c) Ordinances.--A city may enact and enforce ordinances to
10 govern and regulate the planning, management, implementation,
11 construction and maintenance of storm water facilities.
12 Section 5. Section 13407 heading of Title 11 is amended and
13 the section is amended by adding subsections to read:
14 § 13407. Assessment of benefits [and], liens and fees.
15 * * *
16 (d) Fees.--For the purposes of funding the construction, <--
17 maintenance and operation of storm water management facilities,
18 systems and management plans authorized under this chapter, a
19 city may assess reasonable and uniform fees based in whole or in
20 part on the characteristics of the property benefited by the
21 facilities, systems and management plans. In establishing the
22 fees, the city shall consider and provide appropriate exemptions
23 or credits for properties that have installed and are
24 maintaining storm water facilities that meet best management
25 practices and are approved or inspected by the city. The
26 assessed fees shall be filed with the city treasurer. An
27 ordinance shall specify whether payments are to be made by
28 annual or more frequent installments.
29 (D) FEES.-- <--
30 (1) FOR THE PURPOSES OF FUNDING THE CONSTRUCTION,
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 1 MAINTENANCE AND OPERATION OF STORM WATER MANAGEMENT
2 FACILITIES, SYSTEMS AND MANAGEMENT PLANS AUTHORIZED UNDER
3 THIS CHAPTER, A CITY MAY ASSESS REASONABLE AND UNIFORM FEES
4 BASED IN WHOLE OR IN PART ON THE CHARACTERISTICS OF THE
5 PROPERTY BENEFITED BY THE FACILITIES, SYSTEMS AND MANAGEMENT
6 PLANS.
7 (2) IN ESTABLISHING THE FEES, THE CITY MAY INCLUDE A
8 MEASURE OF A PROPERTY'S IMPERVIOUS SURFACE AS DETERMINED BY
9 THE CITY. ALL PROPERTIES CONTAINING IMPERVIOUS SURFACE ARE
10 PRESUMED TO BENEFIT FROM THE CITY'S STORM WATER PLANNING,
11 MANAGEMENT AND IMPLEMENTATION. FOR PURPOSES OF THIS
12 PARAGRAPH, THE TERM "IMPERVIOUS SURFACE" MEANS AN AREA,
13 MATERIAL, STRUCTURE, SURFACE OR IMPROVEMENT THAT DOES NOT
14 ALLOW OR THAT REDUCES OR PREVENTS INFILTRATION OR WATER INTO
15 SOIL, INCLUDING COMPACTED DIRT, GRAVEL, CONCRETE, ASPHALT,
16 ROADS, SIDEWALKS, PARKING LOTS, DRIVEWAYS, PATIOS, ROOFS,
17 GARAGES AND STORAGE SHEDS.
18 (3) IN ESTABLISHING THE FEES, THE CITY SHALL CONSIDER
19 AND PROVIDE APPROPRIATE EXEMPTIONS OR CREDITS FOR PROPERTIES
20 THAT HAVE INSTALLED AND ARE MAINTAINING STORM WATER
21 FACILITIES THAT MEET BEST MANAGEMENT PRACTICES AND ARE
22 APPROVED OR INSPECTED BY THE CITY. THE ASSESSED FEES SHALL BE
23 FILED WITH THE CITY TREASURER. AN ORDINANCE SHALL SPECIFY
24 WHETHER PAYMENTS ARE TO BE MADE BY ANNUAL OR MORE FREQUENT
25 INSTALLMENTS.
26 (e) Methods of assessment.--A fee levied by the city may be
27 assessed in one of the following methods:
28 (1) On all properties in the city.
29 (2) On all properties benefited by a specific storm
30 water project.
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1 (3) By establishing a storm water management district
2 and assessing the fee on all property owners in the district.
3 (f) Use.--A fee collected for the purposes of storm water
4 management may only be used for the purposes authorized under
5 this chapter.
6 Section 6. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 1081: 8-2201, P.L.864, No.167
Printer's No. 1328: 8-2201, P.L.864, No.167