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        PRIOR PRINTER'S NO. 362                       PRINTER'S NO. 3285

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 316 Session of 2003


        INTRODUCED BY R. MILLER, BARRAR, CLYMER, DeWEESE, HARHAI,
           HARPER, HENNESSEY, HERSHEY, HORSEY, LAUGHLIN, MACKERETH,
           NICKOL, PICKETT, ROSS, SAYLOR, SCAVELLO, SOLOBAY, STERN,
           E. Z. TAYLOR, YEWCIC, YOUNGBLOOD AND WASHINGTON,
           FEBRUARY 18, 2003

        AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, FEBRUARY 4, 2004

                                     AN ACT

     1  Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
     2     reenacted and amended, "An act concerning townships of the
     3     second class; and amending, revising, consolidating and
     4     changing the law relating thereto," further providing for
     5     connection to water system.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 2603 of the act of May 1, 1933 (P.L.103,
     9  No.69), known as The Second Class Township Code, reenacted and
    10  amended November 9, 1995 (P.L.350, No.60), is amended to read:
    11     Section 2603.  Connection to Water System.--The board of
    12  supervisors may by ordinance require that [abutting] property     <--
    13  owners whose principal building is within one hundred fifty feet
    14  of a water system provided by the township or a municipality
    15  authority or a joint water board connect with and use the
    16  system. Those industries and farms which have their own supply
    17  of water for uses other than human consumption may continue to


     1  use their own water for that purpose but are required to use the
     2  township water system to provide water for human consumption. In
     3  the case of a water system provided by the township or a joint
     4  water board, the board of supervisors may impose and charge to
     5  property owners who desire to or are required to connect to the
     6  water system a connection fee, a customer facilities fee, a
     7  tapping fee and other similar fees as enumerated [and defined by
     8  clause (t) of subsection B of section 4 of the act of May 2,
     9  1945 (P.L.382, No.164), known as the "Municipality Authorities
    10  Act of 1945."] under 53 Pa.C.S. § 5607 (d)(24) (relating to
    11  purposes and powers). Whenever a water system or any part or
    12  extension thereof owned by a township has been constructed by
    13  the township at the expense of a private person or corporation
    14  or has been constructed by a private person or corporation under
    15  the supervision of the township at the expense of the private
    16  person or corporation, the board of supervisors shall have the
    17  right to charge a tapping fee, including a reimbursement
    18  component, and refund said reimbursement component to the person
    19  or corporation who has paid for the construction of said water
    20  system or any part or extension thereof. If any [owner of
    21  property abutting] abutting property owner whose principal        <--
    22  building is within one hundred fifty feet of the water system
    23  fails to connect with and use the system within ninety days
    24  after notice to do so has been served by the board of
    25  supervisors, the board of supervisors or their agents may enter
    26  the property and construct the connection. The board of
    27  supervisors shall send an itemized bill of the cost of
    28  construction of connection to the owner of the property to which
    29  connection has been made, which bill is payable immediately, or
    30  the board of supervisors may authorize the payment of the cost
    20030H0316B3285                  - 2 -     

     1  of construction of connections in equal installments under
     2  Article XXXIII.
     3     Section 2.  This act shall take effect in 60 days.


















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