PRIOR PRINTER'S NO. 82 PRINTER'S NO. 2135
No. 88 Session of 2005
INTRODUCED BY STEIL, BALDWIN, BELFANTI, BUNT, CALTAGIRONE,
CLYMER, CORRIGAN, COSTA, DALEY, DeWEESE, FABRIZIO, FRANKEL,
GEORGE, GRUCELA, HARHAI, HERMAN, HERSHEY, KOTIK, LEACH, MANN,
McGILL, MELIO, MUSTIO, O'NEILL, READSHAW, ROSS, RUBLEY,
SAYLOR, SCAVELLO, SCHRODER, STABACK, TANGRETTI, TIGUE,
WATSON, WOJNAROSKI, YOUNGBLOOD, HENNESSEY, CURRY, CRAHALLA,
WANSACZ, RAYMOND AND GERGELY, JANUARY 25, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 8, 2005
AN ACT
1 Enabling certain counties and municipalities to develop
2 comprehensive watershed storm water plans and to regulate
3 storm water within designated watershed boundaries; imposing
4 duties and conferring powers on the Department of
5 Environmental Protection, the Environmental Quality Board,
6 counties and municipalities; and providing for financing and
7 for waiver of use of certain grant or loan funds.
8 TABLE OF CONTENTS
9 Section 1. Short title.
10 Section 2. Legislative findings.
11 Section 3. Purpose.
12 Section 4. Definitions.
13 Section 5. Comprehensive watershed storm water plans.
14 Section 6. Implementation of comprehensive watershed
15 storm water plan.
16 Section 7. Powers and duties of county.
17 Section 8. Imposing fees on tax-exempt property.
1 Section 9. Duties of municipalities in regulating development
2 of land.
3 Section 10. Entry upon land for surveys and examinations.
4 Section 11. Powers and duties of department and Environmental
5 Quality Board.
6 Section 12. Permits.
7 Section 13. Preservation of existing rights and remedies.
8 Section 14. Grants.
9 Section 15. Waiver of use of grant and loan funds.
10 Section 16. Effective date.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title.
14 This act shall be known and may be cited as the Comprehensive
15 Watershed Storm Water Act.
16 Section 2. Legislative findings.
17 The General Assembly finds that:
18 (1) There are several adverse consequences of
19 uncontrolled runoff of storm water and subsurface drainage,
20 including increased flood stages in streams, reduced
21 groundwater recharge, erosion and sedimentation problems and
22 decreased stream quality.
23 (2) Comprehensive watershed storm water management
24 planning and implementation are critical to protect the
25 public health and safety of the people of this Commonwealth.
26 (3) There is a need for dedicated funding to develop and
27 implement comprehensive watershed storm water plans and to
28 construct storm water facilities to manage and control
29 existing and future storm water runoff and subsurface
30 drainage.
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1 (4) The act of October 4, 1978 (P.L.864, No.167), known
2 as the Storm Water Management Act, is not sufficiently
3 comprehensive to address the needs of this Commonwealth.
4 While the act provides a basis for storm water management,
5 additional legislation is needed to provide thorough
6 management.
7 Section 3. Purpose.
8 The purpose of this act is to:
9 (1) Enable counties and municipalities to develop
10 comprehensive watershed storm water plans for the following
11 purposes:
12 (i) Preventing increased flood stages in streams.
13 (ii) Controlling the quantity, direction and
14 velocity of storm water runoff and subsurface drainage
15 and the quality thereof consistent with State water
16 quality standards.
17 (iii) Improving groundwater recharge.
18 (iv) Reducing erosion and sedimentation.
19 (2) Encourage the regional implementation of
20 comprehensive watershed storm water plans within designated
21 watershed boundaries to preserve and protect areas adversely
22 affected by storm water runoff and subsurface drainage.
23 Section 4. Definitions.
24 The following words and phrases when used in this act shall
25 have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Agency." A county, municipality or regional organization
28 authorized pursuant to section 5 (relating to comprehensive
29 watershed storm water plans) or 6 (relating to implementation of
30 comprehensive watershed storm water plan) to develop, implement
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1 or comment on a comprehensive watershed storm water plan.
2 "Bonds." The notes, bonds and other evidence of indebtedness
3 or obligations which are authorized to be issued pursuant to
4 section 7 (relating to powers and duties of county).
5 "Commercial property." Any property developed for
6 manufacturing; processing of raw materials or products;
7 nonmanufacturing purposes, including stores, office buildings,
8 shopping centers, industrial parks, trucking terminals or
9 railroads; or institutional purposes, including schools,
10 churches, hospitals or other services.
11 "Comprehensive watershed storm water plan" or "plan." A plan
12 containing all of the elements prescribed under the act of
13 October 4, 1978 (P.L.864, No.167), known as the Storm Water
14 Management Act, plus elements outlined in section 5(b) (relating
15 to comprehensive watershed storm water plans), for the specific
16 purpose of managing all storm water flows within the watershed.
17 "County." A county of the second class or second class A, <--
18 SECOND CLASS A OR THIRD CLASS, or a county of the second class
19 or second class A that has adopted a home rule charter.
20 "Department." The Department of Environmental Protection of
21 the Commonwealth.
22 "Flow standard." The measured quantity, quality, velocity
23 and direction of storm water.
24 "Infiltration." The flow or movement of surface water into
25 or through the soil, where it is absorbed by plant roots,
26 evaporated into the atmosphere or percolates downward to
27 recharge groundwater.
28 "Municipality." A city, borough, town, a township or another
29 governmental unit when acting as an agent thereof or any
30 combination of these acting jointly.
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1 "New land development." Any property under development for
2 the purpose of creating residential building lots that has been
3 granted a National Pollutant Discharge Elimination System
4 permit.
5 "NPDES." National Pollutant Discharge Elimination System.
6 "Recharge." The process by which water is absorbed and is
7 added to the zone of saturation of a groundwater aquifer. Also,
8 the quantity of water that is added to the zone of saturation.
9 "Regional storm water facility." A storm water facility
10 which is located in, is financed by or serves more than one
11 municipality in a watershed.
12 "Residential property." Any property developed as a primary
13 or secondary residence for occupation by two or less families.
14 "Storm water." Drainage runoff from the surface of the land
15 resulting from precipitation or snow or ice melt.
16 "Storm water facility." A natural feature or man made
17 facility that collects, detains, retains, conveys, treats or
18 allows infiltration of storm water or subsurface drainage.
19 "Subsurface drainage." Drainage runoff which occurs below
20 the surface of the ground resulting from precipitation, snow or
21 ice melt occurring naturally or by alteration or development of
22 land.
23 "Watershed." The entire region or area drained by a river or
24 other body of water, whether natural or artificial, as
25 designated pursuant to the act of October 4, 1978 (P.L.864,
26 No.167), known as the Storm Water Management Act.
27 "Watershed storm water plan." A plan for storm water
28 management prepared for a watershed and adopted by a county in
29 accordance with act of October 4, 1978 (P.L.864, No.167), known
30 as the Storm Water Management Act.
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1 Section 5. Comprehensive watershed storm water plans.
2 (a) Local authorization to counties.--The following shall
3 apply:
4 (1) The county or counties located in a watershed,
5 acting jointly or through a joint agency, may develop a
6 comprehensive watershed storm water plan as described in
7 subsection (c). If all counties in the watershed do not agree
8 to develop the plan, the plan shall assume flow standards at
9 the boundaries of the nonparticipating county or counties
10 which are consistent with the comprehensive watershed storm
11 water plan.
12 (2) Federal lands shall be included in the comprehensive
13 watershed storm water plan with the consent of the United
14 States Department of the Interior.
15 (3) State lands shall be included in the comprehensive
16 watershed storm water plan with the consent of the
17 appropriate State agency.
18 (4) The comprehensive watershed storm water plan shall
19 be generally consistent with comprehensive plans of counties
20 and municipalities enacted under the act of July 31, 1968
21 (P.L.805, No.247), known as the Pennsylvania Municipalities
22 Planning Code.
23 (5) A comprehensive plan of a county or a municipality
24 enacted under the Pennsylvania Municipalities Planning Code
25 subsequent to adoption of this act shall be generally
26 consistent with the comprehensive watershed storm water plan
27 enacted under this act that applies to the county or
28 municipality.
29 (b) Plan content.--The comprehensive watershed storm water
30 plan shall consist of, but is not limited to:
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1 (1) Identification of existing storm water and
2 subsurface drainage problems in the watershed.
3 (2) Identification of existing storm water facilities in
4 the watershed, their engineering design features, their
5 ownership and maintenance responsibility.
6 (3) A flow standard common to all storm water facilities
7 within the watershed.
8 (4) Designation of locations, sizes and types of storm
9 water facilities for construction to correct existing and
10 prevent future storm water and subsurface drainage problems.
11 Any designation of locations for facilities must be generally
12 consistent with the comprehensive plans of the municipality
13 and county enacted under the Pennsylvania Municipalities
14 Planning Code.
15 (5) A priority listing for construction of each storm
16 water facility included in the plan.
17 (6) Identification of financing alternatives for storm
18 water facilities.
19 (7) A program for public information, participation and
20 education.
21 (8) Provision for plan update or review at a minimum of
22 every five years.
23 (9) Demonstration of general consistency with other
24 existing Federal, State, interstate, regional, county and
25 municipality environmental and land use plans.
26 (10) Demonstrate consistency with existing watershed
27 storm water plans, including minimum standards required by
28 the act of October 4, 1978 (P.L.864, No.167), known as the
29 Storm Water Management Act.
30 (11) Design of a rate structure for fees and assessments
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1 to implement the plan.
2 (12) A description of the mechanism and time frame by
3 which the plan will be implemented.
4 (13) A storm water infiltration standard for groundwater
5 recharge based on soil type as developed by appropriate
6 agencies.
7 (14) Identification of other watershed storm water plans
8 which impact the planned watershed.
9 (c) Development.--Public participation in the development of
10 the comprehensive watershed storm water plan shall be provided
11 as follows:
12 (1) A comprehensive watershed storm water plan advisory
13 committee, composed of one representative appointed by the
14 governing body of each municipality in the plan, county and
15 county soil and water conservation district in the watershed
16 and other agencies and groups, as deemed necessary by the
17 agency, which shall be established to advise the agency
18 throughout the process.
19 (2) Prior to adoption, the plan shall be reviewed by the
20 official planning agency and governing body of each
21 municipality and county and by each regional planning agency
22 in the watershed, for general consistency with other plans
23 and programs affecting the watershed. All such reviews and
24 the agency's responses shall be submitted to the department
25 with the plan, at the time a review of the plan is requested
26 from the department.
27 (3) Prior to adoption or amendment of the plan,
28 reasonable public notice shall be given and a public hearing
29 shall be held within the watershed.
30 (d) Adoption.--Adoption or amendment of the comprehensive
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1 watershed storm water plan shall be by resolution of the
2 governing body or bodies of the agency or agencies identified in
3 subsection (a), which have authorized development of the plan.
4 (e) Recommendation by department.--The following shall
5 apply:
6 (1) Prior to adoption or substantive amendment, a
7 comprehensive watershed storm water plan shall be submitted
8 to the department for review. The department shall recommend
9 adoption of the plan if it determines that it is consistent
10 with the practice and intent of the following:
11 (i) Municipality flood plain management plans.
12 (ii) State programs which regulate dams,
13 encroachments, water obstructions, erosion and
14 sedimentation.
15 (iii) Federal and State flood control and water
16 quality programs.
17 (iv) Other watershed storm water plans which impact
18 the planned watershed.
19 (v) The policies and purposes of this act and the
20 Storm Water Management Act.
21 (2) Unless the department recommends adoption,
22 nonadoption or conditional adoption of the plan within three
23 months of receipt, it will be deemed acceptable as submitted.
24 Section 6. Implementation of comprehensive watershed storm
25 water plan.
26 (a) Revision of ordinances.--A municipality shall revise its
27 ordinances and regulations to conform with the requirements of
28 the comprehensive watershed storm water plan applicable to the
29 municipality.
30 (b) Infrastructure implementation.--Infrastructure
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1 improvements under a comprehensive watershed storm water plan
2 may be implemented through any of the following:
3 (1) Each municipality will carry out the plan within its
4 boundaries, either individually or by agreement with another
5 municipality, county or a joint agency.
6 (2) One or more municipalities in the watershed may
7 request that the county or counties in the watershed assume
8 responsibility for implementation of the plan. The county or
9 counties may assume responsibility for implementation of the
10 plan and operational authority for the storm water facilities
11 as provided for in the plan, but only for municipalities
12 which agree to allow the county or counties to assume
13 implementation responsibilities.
14 (3) If two-thirds of the municipalities, representing at
15 least 51% of the population within the watershed, through
16 adoption of resolutions of their governing bodies, request
17 that the county or counties in the watershed assume
18 responsibility for implementation of the plan, then the
19 county or counties shall assume such responsibility.
20 (c) Exercise of local authority.--A county or counties or
21 municipalities which have assumed responsibility for
22 implementation of the comprehensive watershed storm water plan
23 shall have the right to exercise authority by any of the
24 following methods:
25 (1) By creating an operational unit under the authority
26 of the county or municipalities or by assigning such
27 responsibility to an existing operational unit.
28 (2) By contracting with any private or public, profit or
29 not-for-profit organization, corporation or other legal
30 entity to perform such responsibilities in accordance with
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1 the plan.
2 (d) Ceding of authority.--Ceding of authority shall be
3 conducted as follows:
4 (1) Storm water facilities on private lands may be ceded
5 to the agency at the agency's discretion. Whether ceded or
6 not, the facilities shall be required to meet the design
7 standards required under the comprehensive watershed storm
8 water plan.
9 (2) All ceded facilities shall be subject to an easement
10 for maintenance and inspection access.
11 (e) Fee authorization.--The county may levy an annual storm
12 water fee on real property to pay for all costs associated with
13 implementation under this section as defined in section 7
14 (relating to powers and duties of county). The annual storm
15 water fee may be countywide or may be implemented in phases
16 which reflect the implementation of the comprehensive watershed
17 storm water plan.
18 (f) Reimbursement of implementation and maintenance costs.--
19 The following shall apply to reimbursement:
20 (1) A municipality shall be reimbursed by the county for
21 its identified costs of infrastructure implementation and
22 maintenance under subsection (b)(1) and (2).
23 (2) Reimbursement shall not include costs related to
24 sanitary sewage facilities.
25 (3) The municipality may delay implementation of the
26 comprehensive watershed storm water plan until the county
27 provides for reimbursement to the municipality for costs
28 covered under this subsection.
29 (4) The county shall have the right to audit the
30 municipalities' costs of implementation.
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1 (g) Design criteria and standards.--The comprehensive
2 watershed storm water plan shall dictate the engineering design
3 and standard for any storm water facility implemented under this
4 section and the county shall have no responsibility to reimburse
5 the cost of any facility not meeting the design criteria.
6 (h) Maintenance of storm water facilities.--Continuing
7 maintenance of storm water facilities shall be the
8 responsibility of the party implementing the facility under
9 subsection (b)(1) and (2) unless there is specific agreement
10 otherwise between the agency and the implementing party.
11 Section 7. Powers and duties of county.
12 (a) Plan development and implementation.--In addition to any
13 existing powers, the county responsible for development or
14 implementation of the comprehensive watershed storm water plan
15 shall have the power and duty to:
16 (1) Fix, alter, charge and collect fees in the area
17 served by the county and the associated watershed as
18 determined exclusively by the county in order to carry out
19 the powers and duties authorized under this act, including
20 preparation of comprehensive watershed storm water plans and
21 their implementation and the acquisition or construction of
22 storm water facilities in the watershed. The fees established
23 under this paragraph:
24 (i) Shall be on real property in the watershed as
25 follows:
26 (A) The fee for residential property may be a
27 flat fee.
28 (B) The fee for commercial and other
29 nonresidential property may be imposed through a
30 charge based upon impervious surface coverage.
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1 (C) A commercial or other nonresidential
2 property capable of managing storm water through
3 privately constructed and operated storm water
4 facilities, either on premises to the design standard
5 for a maximum draw down time of 48 hours or through
6 an NPDES-permitted outfall directly to a water body
7 that does not require construction of additional
8 public storm water facilities, shall not be charged
9 the fee. A commercial or other nonresidential
10 facility capable of managing a portion of its storm
11 water either on premises to the design standard for a
12 maximum draw down time of 48 hours, or through an
13 NPDES-permitted outfall directly to a water body that
14 does not require construction of additional public
15 storm water facilities shall be charged only its
16 proportional share of the fee, based on the area of
17 the facility not addressed by the onsite storm water
18 facilities meeting the design standard of section
19 5(b)(3) (relating to comprehensive watershed storm
20 water plans). A commercial or other nonresidential
21 facility subject to the fee may instead construct and
22 operate additional onsite storm water facilities
23 meeting the design standard of section 5(b)(3),
24 thereby exempting that property from all or a
25 proportional share of the storm water use fee.
26 (D) New land development that has been granted
27 an NPDES permit for managing storm water through
28 privately constructed and operated storm water
29 facilities shall not be charged the fee or required
30 to comply with provisions of the comprehensive
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1 watershed storm water plan until such time as the
2 building lots are conveyed to the ultimate owner.
3 (ii) Shall be collected by the person, office or
4 bureau that collects taxes imposed on real property by
5 the county. The fee shall be listed as an additional and
6 separate item on the bill for the collection of county
7 real estate taxes. At the time that the county delivers
8 the duplicate of the tax roll, the county shall provide
9 to the person, office or bureau that collects county real
10 estate taxes a list identifying the properties against
11 which a fee is imposed and the amount of the fee.
12 (iii) Shall not exceed the cost of preparation or
13 implementation of the plan, which may include
14 administrative, operating and maintenance expenses and
15 the payment of principal and interest on its obligations.
16 (2) Make expenditures necessary to prepare and implement
17 the plan.
18 (3) Deposit the revenues collected under this section in
19 a dedicated receipts account to be used for the exclusive
20 purpose of development and/or implementation of the plan.
21 (4) Collect delinquent fees in accordance with the act
22 of May 16, 1923 (P.L.207, No.153), referred to as the
23 Municipal Claim and Tax Lien Law.
24 (5) Borrow money, make and issue negotiable notes,
25 bonds, refunding bonds, and other evidences of indebtedness
26 or bonds of the agency, the bonds to have a maturity date not
27 longer than 40 years from the date of issue.
28 (6) Secure payment of the bonds or any part thereof by
29 pledge or deed of trust of all or any of its revenues and
30 receipts, and to make such agreements with the purchasers or
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1 holders of such bonds or with others in connection with any
2 such bonds, whether issued or to be issued.
3 (7) Borrow money and issue such notes, bonds and other
4 indebtedness and obligations jointly with any adjoining
5 state, as the agency shall deem advisable and, in general, to
6 provide for the security for the bonds and the rights of the
7 holders thereof and in respect to any storm water facility
8 constructed and operated under agreement with any such
9 agency. Any agency may enter into any deed of trust,
10 indenture or other agreement with any bank or trust company
11 or other person or persons in the United States having power
12 to enter into the same, including any Federal agency, as
13 security of such bonds and may assign and pledge all or any
14 of the revenue of receipts of the agency thereunder. Such
15 deed of trust, indenture or agreement may contain such
16 provisions as may be customary in such instruments or as the
17 agency may authorize, including, but not limited to, the
18 following:
19 (i) The construction, improvement, operation,
20 maintenance and repair of any storm water facility and
21 the duties of the agency with reference thereto.
22 (ii) The application of funds and the safeguarding
23 of funds on hand or on deposit.
24 (iii) The rights and remedies of the trustee and the
25 holder of the bonds, which may include restrictions upon
26 the individual right of action of such bondholders.
27 (iv) The terms and provisions of the bonds or the
28 resolutions authorizing the issuance of the same.
29 (8) Use any available Federal or State funds, and any
30 other funds, and set up accounts as are necessary to
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1 implement the provisions of this act.
2 (9) Develop design details for the storm water
3 facilities to be implemented in accordance with the approved
4 plan.
5 (10) Plan for capital facilities, including the
6 development of maintenance schedules.
7 (11) Review and comment on the location, design and
8 construction within the watershed of facilities, owned or
9 financed, in whole or in part, by funds from the
10 Commonwealth, including storm water facilities, obstruction,
11 flood control projects, highways and transportation
12 facilities, and facilities for the provision of public
13 utility service, to assure their consistency with the plan.
14 The county shall review and take action on such submissions
15 concurrent with the review period as provided in Article V of
16 the act of July 31, 1968 (P.L.805, No.247), known as the
17 Pennsylvania Municipalities Planning Code.
18 (12) Inspect storm water facilities for adherence to
19 plans and construction and maintenance standards.
20 (13) Provide for routine maintenance.
21 (14) Construct regional storm water facilities.
22 (15) Cooperate with emergency response and relief
23 agencies.
24 (16) Provide for public comment on any project involving
25 the construction of capital facilities.
26 (b) Other requirements.--The powers and duties under this
27 section in no way relieve persons engaged in the alteration or
28 development of land of the responsibility to comply with the
29 requirements of storm water ordinances of municipalities, the
30 approved comprehensive watershed storm water plan and the
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1 requirements of the act of October 4, 1978 (P.L.864, No.167),
2 known as the Storm Water Management Act.
3 (c) Objections.--Any resident, owner of real property or
4 person in the watershed questioning the rate fixed by the county
5 or the adequacy, safety and reasonableness of the agency's
6 services, including extensions of service thereof, shall first
7 raise such objections with the county or the agency, as the case
8 may be. After exhausting their administrative remedies, such
9 persons may bring suit against the agency in the court of common
10 pleas of the county in which the principal office of the agency
11 is located.
12 Section 8. Imposing fees on tax-exempt property.
13 (a) General rule.--Except as provided in subsection (b),
14 real property that is exempt from the payment of real estate tax
15 shall be subject to the fees and charges imposed in accordance
16 with this act.
17 (b) Exempt property.--The following property shall be exempt
18 from the fees imposed by this act:
19 (1) Property owned by the Commonwealth and its agencies.
20 (2) Property owned by a political subdivision.
21 (3) Property owned by a local authority.
22 Section 9. Duties of municipalities in regulating development
23 of land.
24 (a) Regulation.--A municipality shall regulate development
25 activities consistent with any applicable approved comprehensive
26 watershed storm water plan.
27 (b) Enforcement.--Nothing in this act shall prohibit a
28 municipality or county from enforcing any zoning, subdivision or
29 land development ordinance which the municipality or county has
30 adopted.
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1 Section 10. Entry upon land for surveys and examinations.
2 Designated representatives of the agency, upon serving a
3 reasonable notice, may enter upon lands in the watershed to make
4 surveys and examinations to accomplish the necessary purposes of
5 the agency or to have access to storm water facilities.
6 Section 11. Powers and duties of department and Environmental
7 Quality Board.
8 (a) Technical assistance.--Upon request of a county or
9 municipality, the department shall provide technical assistance
10 as required for the purposes of this act. The department may
11 prepare and issue such advisory guidelines as may be appropriate
12 to assist in the implementation of this act.
13 (b) Department authority.--Nothing in this act shall be
14 construed to abrogate the authority of the department under any
15 of the environmental laws administered by the department.
16 (c) Environmental Quality Board.--The Environmental Quality
17 Board shall adopt such rules and regulations of the department
18 as are necessary and appropriate to carry out the purposes of
19 this act.
20 Section 12. Permits.
21 The department, the Environmental Quality Board and other
22 Commonwealth departments and agencies and county and municipal
23 governments and agencies shall make decisions with respect to
24 issuance of permits that are generally consistent with
25 comprehensive watershed storm water plans enacted under this
26 act.
27 Section 13. Preservation of existing rights and remedies.
28 The taking of any action under the provisions of this act
29 shall not be construed as estopping the Commonwealth or any
30 county, municipality or aggrieved person from proceeding in
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1 courts of law or equity to abate nuisances under existing law or
2 to restrain, at law or in equity, a violation of this act.
3 Section 14. Grants.
4 (a) Purpose.--The department may administer grants to
5 municipalities and counties and to assist or reimburse them for
6 costs in preparing comprehensive watershed storm water plans
7 under this act. Grants and reimbursements shall be made from and
8 to the extent of funds appropriated by the General Assembly for
9 such purposes and shall be made in accordance with rules and
10 regulations promulgated by the Environmental Quality Board.
11 (b) Amount.--A grant shall not exceed 75% of the allowable
12 costs for the preparation of a comprehensive watershed storm
13 water plan by any municipality or county. The grant shall be in
14 addition to grants for similar purposes made to any municipality
15 or county by the Federal Government.
16 Section 15. Waiver of use of grant and loan funds.
17 A municipality or authority receiving grants or loans from
18 the Commonwealth or its agencies for the construction or repair
19 of any storm water facility or flood control projects where the
20 Commonwealth's funds are restricted from paying for the
21 acquisition of property, a right-of-way or property removal or
22 demolition necessary for the completion of a project, may
23 receive a waiver to spend up to 5% of the grant or loan for
24 these activities upon the approval of the appropriate
25 Commonwealth agency.
26 Section 16. Effective date.
27 This act shall take effect in 60 days.
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