HB 1308 — An Act amending Titles 27 (Environmental Resources) and 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for storm water management; and, in municipal authorities, further providing for definitions and for purposes and powers.

PRINTER'S NO.   1502

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1308
                                                 Session of
                                                   2025

     INTRODUCED BY FLEMING, MADSEN, HILL-EVANS, PIELLI, GIRAL,
        SANCHEZ, BOROWSKI, FREEMAN, DONAHUE, GREEN AND DAVIDSON,
        APRIL 28, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 28, 2025


                                      AN ACT
 1   Amending Titles 27 (Environmental Resources) and 53
 2      (Municipalities Generally) of the Pennsylvania Consolidated
 3      Statutes, providing for storm water management; and, in
 4      municipal authorities, further providing for definitions and
 5      for purposes and powers.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.     Title 27 of the Pennsylvania Consolidated
 9   Statutes is amended by adding a chapter to read:
10                                  CHAPTER 33
11                            STORM WATER MANAGEMENT
12   Sec.
13   3301.   Legislative findings.
14   3302.   Definitions.
15   3303.   Storm water management fee.
16   § 3301.    Legislative findings.
17      The General Assembly finds that:
18             (1)   Inadequate management of accelerated runoff of storm
19      water resulting from development throughout a watershed:
 1                   (i)    increases flood flows and velocities;
 2                   (ii)    contributes to erosion and sedimentation;
 3                   (iii)    overtaxes the carrying capacity of streams and
 4             storm sewers;
 5                   (iv)    greatly increases the cost of public facilities
 6             to carry and control storm water;
 7                   (v)    undermines flood plain management and flood
 8             control efforts in downstream communities;
 9                   (vi)    reduces groundwater recharge; and
10                   (vii)    threatens public health and safety.
11             (2)   A comprehensive program of storm water management,
12      including reasonable regulation of development and activities
13      causing accelerated runoff, is fundamental to the public
14      health, safety and welfare and the protection of the people
15      of this Commonwealth, their resources and the environment.
16             (3)   Local administration and management of storm water
17      is consistent with the Commonwealth's duty as trustee of
18      natural resources and the people's constitutional right to
19      the preservation of natural, economic, scenic, aesthetic,
20      recreational and historic values of the environment.
21             (4)   Municipalities and other local government entities
22      cannot adequately plan, regulate and mitigate the impacts of
23      storm water without the coordination and contributions of the
24      Commonwealth and its instrumentalities to address the impacts
25      of impervious surfaces on public property.
26   § 3302.    Definitions.
27      The following words and phrases when used in this chapter
28   shall have the meanings given to them in this section unless the
29   context clearly indicates otherwise:
30      "Impervious surface."        As follows:

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 1             (1)   An area, material, structure, surface or improvement
 2      that does not allow or that reduces or prevents infiltration
 3      of water into soil.
 4             (2)   The term includes:
 5                   (i)    Compacted dirt, gravel, concrete or asphalt.
 6                   (ii)    A roadway, sidewalk, parking lot, driveway,
 7             patio, roof, garage or storage shed.
 8      "Storm water."        Drainage runoff from the surface of land
 9   resulting from precipitation or snow or ice melt.
10   § 3303.    Storm water management fee.
11      If a municipal corporation or municipal authority performs
12   storm water planning, management and implementation and charges
13   or imposes a reasonable fee to owners of property:
14             (1)   The fees may be charged or imposed on the
15      Commonwealth, or a department, board, commission or
16      instrumentality of the Commonwealth, for property owned by
17      the Commonwealth or the department, board, commission or
18      instrumentality of the Commonwealth.
19             (2)   An entity otherwise exempt from taxation may not be
20      excused from payment of the fee solely on the basis of the
21      tax-exempt status of the entity.
22      Section 2.         Section 5602 of Title 53 is amended by adding a
23   definition to read:
24   § 5602.    Definitions.
25      The following words and phrases when used in this chapter
26   shall have the meanings given to them in this section unless the
27   context clearly indicates otherwise:
28      * * *
29      "Impervious surface."        As follows:
30             (1)   An area, material, structure, surface or improvement

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 1      that does not allow or that reduces or prevents infiltration
 2      of water into soil.
 3             (2)    The term includes:
 4                    (i)    Compacted dirt, gravel, concrete or asphalt.
 5                    (ii)    A roadway, sidewalk, parking lot, driveway,
 6             patio, roof, garage or storage shed.
 7      * * *
 8      Section 3.          Section 5607(d)(34) of Title 53 is amended to
 9   read:
10   § 5607.    Purposes and powers.
11      * * *
12      (d)    Powers.--Every authority may exercise all powers
13   necessary or convenient for the carrying out of the purposes set
14   forth in this section, including, but without limiting the
15   generality of the foregoing, the following rights and powers:
16             * * *
17             (34)    In the case of an authority that performs storm
18      water planning, management and implementation, to charge or
19      impose reasonable and uniform rates [may be based in whole or
20      in part on property characteristics, which may include
21      installation and maintenance of best management practices
22      approved and inspected by the authority.] to owners of
23      property that benefit from the services in accordance with
24      the following provisions:
25                    (i)    The rates shall be based on property
26             contribution to storm water runoff, including the
27             property's impervious surface as determined by the
28             authority or the installation and maintenance of onsite
29             best management practices approved and inspected by the
30             authority.

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 1             (ii)    All properties containing an impervious surface
 2        are presumed to benefit from an authority's storm water
 3        planning, management and implementation.
 4             (iii)    The rates may be charged by one or a
 5        combination of the following methods:
 6                    (A)   On all properties located in the service
 7             area of the authority.
 8                    (B)   On all properties that are served by or
 9             benefit from a specific storm water project or plan.
10                    (C)   By establishing a storm water management
11             district and charging the rate on the owners of all
12             properties within the district.
13    * * *
14    Section 4.    This act shall take effect in 60 days.




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