Under the federal Clean Water Act and related interstate agreements governing the Chesapeake Bay watershed, Pennsylvania is obligated to reduce nutrient and sediment discharges from stormwater runoff. Municipal Separate Storm Sewer System (MS4) permit requirements have imposed substantial compliance obligations on municipalities, which, in many cases, are passed directly to local property owners through stormwater fees—commonly referred to as the “rain tax.”

 

These fees disproportionately impact homeowners, small businesses, and nonprofit organizations, often without regard to their ability to pay or proportional benefit received. The result is an inequitable system in which residents in certain municipalities bear significantly higher costs than similarly situated residents elsewhere in the Commonwealth, despite facing the same statewide environmental mandates. For many households and community organizations already under financial strain, these fees represent a growing and unsustainable burden.

 

At the same time, while private property owners are compelled to finance MS4 compliance, the Commonwealth of Pennsylvania does “NOT” pay stormwater utility fees on state-owned properties—even though those properties include extensive impervious surfaces and generate substantial stormwater runoff. This exemption undermines the characterization of MS4 charges as legitimate user fees and shifts a statewide environmental responsibility onto a limited subset of local taxpayers. The Commonwealth must not be insulated from accountability for stormwater impacts originating from its own facilities.

 

Pennsylvania appellate courts have consistently scrutinized stormwater and MS4 charges to determine whether they constitute lawful fees or impermissible taxes, emphasizing the principles of uniformity, proportionality, and direct benefit. A system that exempts state property while imposing escalating costs on residents, businesses, and nonprofits fails these tests and exposes municipalities to continued legal and financial risk.

 

To address these inequities while maintaining strong environmental protections, I will soon be introducing legislation to replace local, fee-based MS4 compliance models with a transparent, grant-only funding framework. This approach would leverage existing federal and state resources to support stormwater infrastructure, best management practices, and water-quality improvements—without forcing municipalities to levy regressive local fees. Importantly, this model preserves environmental outcomes while ensuring that compliance costs are distributed fairly and responsibly across the Commonwealth.

 

I respectfully ask you to join me in co-sponsoring this legislation, which will protect homeowners, businesses, and nonprofit organizations from unfair financial burdens, uphold Pennsylvania’s environmental obligations, and reaffirm that statewide mandates must be addressed with statewide solutions. It is time to deliver clean water goals without punishing local communities for responsibilities that belong to all of us.