HB 388 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for water and sewer projects.

PRINTER'S NO.   353

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 388
                                                 Session of
                                                   2025

     INTRODUCED BY CERRATO, HILL-EVANS, GIRAL, CEPEDA-FREYTIZ,
        SANCHEZ, GALLAGHER AND KHAN, JANUARY 28, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 28, 2025


                                      AN ACT
 1   Amending Title 53 (Municipalities Generally) of the Pennsylvania
 2      Consolidated Statutes, providing for water and sewer
 3      projects.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 53 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a chapter to read:
 8                                  CHAPTER 62
 9                          WATER AND SEWER PROJECTS
10   Sec.
11   6201.   Definitions.
12   6202.   Private sewer lateral and private water lateral projects.
13   § 6201.   Definitions.
14      The following words and phrases when used in this chapter
15   shall have the meanings given to them in this section unless the
16   context clearly indicates otherwise:
17      "American-made."      Produced, manufactured, mined, grown or
18   performed in the United States. For the purpose of this
 1   definition, produced or manufactured shall mean assembled in a
 2   location within the United States.
 3      "Municipality."   A city, borough, incorporated town or
 4   township in this Commonwealth.
 5      "Private sewer lateral."    A line on a property upon which a
 6   building or structure is located that connects to a public sewer
 7   system.
 8      "Private water lateral."    A line on a property upon which a
 9   building or structure is located that connects to a public water
10   supply system.
11   § 6202.   Private sewer lateral and private water lateral
12                projects.
13      (a)    Replacement or remediation.--A municipality may perform
14   the replacement or remediation of a private sewer lateral or
15   private water lateral for residents of the municipality if the
16   municipality determines that the replacement or remediation will
17   benefit the public health, public water supply system or public
18   sewer system. A municipality that has performed a replacement or
19   remediation authorized under this subsection may not be deemed
20   to be the owner of a private sewer lateral or private water
21   lateral and may not be required to perform any other duties
22   unless determined necessary by the municipality.
23      (b)    Public money and municipal employees.--A municipality
24   may use public money or municipal employees for the replacement
25   or remediation of a private sewer lateral or private water
26   lateral if the municipality determines that the replacement or
27   remediation will benefit the public health, public water supply
28   system or public sewer system. Before using public money or
29   municipal employees as authorized under this subsection, the
30   municipality shall consider the availability of public money,

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 1   equipment, municipal employees and facilities and the competing
 2   demands of the municipality for the public funds, equipment,
 3   municipal employees and facilities.
 4      (c)    Prioritization.--
 5             (1)   A municipality shall utilize American-made supplies
 6      in the replacement or remediation authorized under subsection
 7      (a).
 8             (2)   If the governing body of the municipality determines
 9      that a particular supply is not American-made, or is
10      American-made but not available in sufficient quantities to
11      meet the needs of the municipality, the governing body of the
12      municipality shall publish a notice of the determination in
13      no less than two newspapers of general circulation within the
14      municipality and on each of the municipality's social media
15      and publicly accessible Internet websites.
16             (3)   Beginning on the date of publication of the notice
17      under paragraph (2) and until 30 days thereafter, a person or
18      business may file an objection to the determination in a form
19      and manner determined by the governing body of the
20      municipality. A person or business shall include evidence of
21      the particular supply being American-made or evidence of the
22      particular supply being American-made and available in
23      sufficient quantities. An objection under this paragraph
24      shall be considered an appeal under 2 Pa.C.S. Ch. 7 Subch. B
25      (relating to judicial review of local agency action).
26             (4)   If, after the adjudication of the objection under
27      paragraph (3), the determination under paragraph (2) is
28      affirmed, the requirements under subsection (a) shall not
29      apply for the particular supply.
30      Section 2.     This act shall take effect in 60 days.

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