H2147B2771A04429 DMS:EJH 05/13/24 #90 A04429
AMENDMENTS TO HOUSE BILL NO. 2147
Sponsor: REPRESENTATIVE FREEMAN
Printer's No. 2771
Amend Bill, page 1, line 1, by striking out "Title" and
inserting
Titles 27 (Environmental Resources) and
Amend Bill, page 1, line 2, by inserting after "Statutes,"
providing for storm water management; and,
Amend Bill, page 1, lines 6 and 7, by striking out all of
said lines and inserting
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 33
STORM WATER MANAGEMENT
Sec.
3301. Legislative findings.
3302. Definitions.
3303. Storm water management fee.
§ 3301. Legislative findings.
The General Assembly finds that:
(1) Inadequate management of accelerated runoff of storm
water resulting from development throughout a watershed:
(i) increases flood flows and velocities;
(ii) contributes to erosion and sedimentation;
(iii) overtaxes the carrying capacity of streams and
storm sewers;
(iv) greatly increases the cost of public facilities
to carry and control storm water;
(v) undermines flood plain management and flood
control efforts in downstream communities;
(vi) reduces groundwater recharge; and
(vii) threatens public health and safety.
(2) A comprehensive program of storm water management,
including reasonable regulation of development and activities
causing accelerated runoff, is fundamental to the public
health, safety and welfare and the protection of the people
of this Commonwealth, their resources and the environment.
(3) Local administration and management of storm water
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is consistent with the Commonwealth's duty as trustee of
natural resources and the people's constitutional right to
the preservation of natural, economic, scenic, aesthetic,
recreational and historic values of the environment.
(4) Municipalities and other local government entities
cannot adequately plan, regulate and mitigate the impacts of
storm water without the coordination and contributions of the
Commonwealth and its instrumentalities to address the impacts
of impervious surfaces on public property.
§ 3302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Impervious surface." An area, material, structure, surface
or improvement that does not allow or that reduces or prevents
infiltration of water into soil. The term includes:
(1) compacted dirt, gravel, concrete or asphalt; and
(2) a roadway, sidewalk, parking lot, driveway, patio,
roof, garage or storage shed.
"Storm water." Drainage runoff from the surface of land
resulting from precipitation or snow or ice melt.
§ 3303. Storm water management fee.
If a municipal corporation or municipal authority performs
storm water planning, management and implementation and charges
or imposes a reasonable fee to owners of property:
(1) The fees may be charged or imposed on the
Commonwealth, or a department, board, commission or
instrumentality of the Commonwealth, for property owned by
the Commonwealth or the department, board, commission or
instrumentality of the Commonwealth.
(2) An entity otherwise exempt from taxation may not be
excused from payment of the fee solely on the basis of the
tax-exempt status of the entity.
Section 2. Section 5602 of Title 53 is amended by adding a
definition to read:
Amend Bill, page 2, line 4, by striking out "2" and inserting
3
Amend Bill, page 3, lines 8 through 15, by striking out all
of said lines
Amend Bill, page 3, line 17, by striking out "3" and
inserting
4
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