HB 659 — An Act updating and expanding the storm water planning requirements to be undertaken by counties; authorizing counties to regulate storm water within a watershed-based planning area; authorizing the formation of water resources management authorities; enabling counties, municipalities and water resources management authorities to develop integrated water resources management plans; imposing duties and conferring powers on the Department of Environmental Protection, the Environmental Quality Board, counties, municipalities and water resources management authorities; providing for financing and for waiver of use for certain grant or loan funds; establishing the Integrated Water Resources Management Account; and making repeals.

PRINTER'S NO.   668

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 659
                                                Session of
                                                  2025

     INTRODUCED BY WEBSTER, MALAGARI, GIRAL, HILL-EVANS, PROBST,
        FREEMAN, SANCHEZ, HOWARD, BOYD AND RIVERA, FEBRUARY 20, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, FEBRUARY 20, 2025


                                      AN ACT
 1   Updating and expanding the storm water planning requirements to
 2      be undertaken by counties; authorizing counties to regulate
 3      storm water within a watershed-based planning area;
 4      authorizing the formation of water resources management
 5      authorities; enabling counties, municipalities and water
 6      resources management authorities to develop integrated water
 7      resources management plans; imposing duties and conferring
 8      powers on the Department of Environmental Protection, the
 9      Environmental Quality Board, counties, municipalities and
10      water resources management authorities; providing for
11      financing and for waiver of use for certain grant or loan
12      funds; establishing the Integrated Water Resources Management
13      Account; and making repeals.
14                              TABLE OF CONTENTS
15   Chapter 1.   General Provisions
16   Section 101.   Short title.
17   Section 102.   Legislative findings.
18   Section 103.   Purposes.
19   Section 104.   Definitions.
20   Chapter 2.   Powers and Duties
21   Section 201.   Powers and duties of counties.
22   Section 202.   Powers and duties of department and Environmental
23                Quality Board.
 1   Section 203.   Powers and duties of municipalities.
 2   Section 204.   Powers and duties of water resources management
 3                authorities.
 4   Chapter 3.   Comprehensive Storm Water Management Planning
 5   Section 301.   Comprehensive storm water management planning and
 6                management requirements.
 7   Section 302.   Review and approval or disapproval by department.
 8   Section 303.   Implementation of comprehensive storm water
 9                management plans.
10   Section 304.   Failure to submit and implement comprehensive
11                storm water management plan.
12   Section 305.   Failure of municipalities to adopt ordinances and
13                implement plans.
14   Chapter 4.   Integrated Water Resources Management Planning and
15                Procedure
16   Section 401.   Water resources management coordination and
17                integration.
18   Section 402.   Integrated water resources management planning
19                process.
20   Section 403.   Integrated water resources management plan
21                requirements.
22   Section 404.   Implementation of integrated water resources
23                management plans.
24   Section 405.   Water resources management corridors.
25   Section 406.   Failure of municipalities to adopt implementing
26                ordinances.
27   Chapter 5.   Water Resources Management Authorities
28   Section 501.   Water resources management authorities.
29   Section 502.   Additional powers and duties of water resources
30                management authorities.

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 1   Chapter 6.   Rights, Remedies, Funding and Enforcement
 2   Section 601.    Duty of persons engaged in development of land.
 3   Section 602.    Funding and imposing fees on tax-exempt property.
 4   Section 603.    Entry upon land for surveys and examinations.
 5   Section 604.    Preservation of existing rights and remedies.
 6   Section 605.    Civil remedies.
 7   Section 606.    Administrative procedure and judicial review.
 8   Section 607.    Integrated Water Resources Management Account.
 9   Section 608.    Grants and reimbursements.
10   Section 609.    Waiver of use of grant and loan funds.
11   Chapter 7.   Miscellaneous Provisions
12   Section 701.    Repeals.
13   Section 702.    Effective date.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16                                  CHAPTER 1
17                              GENERAL PROVISIONS
18   Section 101.    Short title.
19      This act shall be known and may be cited as the Integrated
20   Water Resources Restoration, Protection and Management Act.
21   Section 102.    Legislative findings.
22      The General Assembly finds that:
23          (1)     Inadequate management of storm water runoff and the
24      insufficient planning, coordination and integration of
25      regulatory programs associated with water resources
26      management activities cause increased flood flows and
27      velocities, contribute to accelerated erosion and
28      sedimentation, overtax the carrying capacity of streams and
29      storm sewers, greatly increase the cost of public facilities
30      to carry and control storm water and wastewater, undermine

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 1    flood plain management and flood control efforts in
 2    downstream communities, reduce groundwater recharge, diminish
 3    the quality and quantity of water supplies and threaten the
 4    environment, public health, safety and property.
 5        (2)   The Storm Water Management Act is not sufficiently
 6    comprehensive to address the needs of this Commonwealth.
 7    While the act provides a basis for storm water management
 8    planning by counties on a watershed basis, additional
 9    provisions are needed in addition to the Storm Water
10    Management Act requirements to provide integrated and
11    thorough planning and management of water resources in
12    watershed-based planning areas and to address current and
13    past water resources management problems, as well as
14    prospective and ongoing development.
15        (3)   A comprehensive, integrated approach to water
16    resources management, building on the protections established
17    under The Clean Streams Law, including reasonable regulation
18    of development and activities causing adverse impacts to
19    waters of this Commonwealth, is fundamental to public health,
20    safety and welfare and protection of the residents of this
21    Commonwealth, their resources and the environment.
22        (4)   Adequate management of this Commonwealth's water
23    resources requires additional legal mechanisms for
24    coordination and integration of water resources management
25    planning among State agencies and county and municipal
26    governments.
27        (5)   Dedicated funding is needed to develop and implement
28    integrated water resources management plans to protect,
29    maintain, reclaim and restore this Commonwealth's water
30    resources and the environment and to protect public health,

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 1      safety and property.
 2   Section 103.    Purposes.
 3      The purposes of this act are to:
 4          (1)     Provide for more comprehensive storm water planning
 5      and management, building on the framework found in the Storm
 6      Water Management Act, and implementing The Clean Streams Law,
 7      to authorize planning for and remediation of storm-water-
 8      associated problems and integrating related water resources
 9      management programs.
10          (2)     Restore, reclaim, protect and maintain the water
11      quality, quantity and natural hydrologic regime.
12          (3)     Regulate and, as appropriate, restrict development
13      in the floodways and floodplains of this Commonwealth's
14      rivers and streams.
15          (4)     Preserve the carrying capacity of watercourses.
16          (5)     Protect, maintain, reclaim and restore surface
17      waters and groundwaters of this Commonwealth.
18          (6)     Protect the natural resources, environmental rights
19      and values secured by the Constitution of Pennsylvania.
20          (7)     Authorize counties to undertake and enforce
21      comprehensive, ecologically sustainable and consistent water
22      resources management planning.
23          (8)     Consolidate and coordinate governmental resources.
24          (9)     Establish a dedicated, stable and tailored funding
25      source.
26          (10)     Authorize municipalities or water resources
27      management to undertake the activities under paragraph (7) if
28      a county does not elect to undertake the integrated water
29      resources planning or management.
30          (11)     Encourage the regional implementation of integrated

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 1      water resources management plans within watershed-based
 2      planning areas to preserve and protect watershed-based
 3      planning areas from the adverse effects of fragmented
 4      planning related to water resources protection, water
 5      infrastructure, wet weather and wastewater management, storm
 6      water runoff and subsurface drainage.
 7          (12)    Authorize the creation of water resources
 8      management authorities to enable counties and municipalities
 9      to regulate, manage, operate and maintain activities,
10      facilities and development that may affect storm water runoff
11      or water resources within watershed-based planning areas.
12          (13)    Regulate, implement and manage comprehensive storm
13      water management plans or integrated water resources
14      management plans within watershed-based planning areas.
15          (14)    Undertake the planning related to the activities
16      under paragraphs (12) and (13) as appropriate.
17          (15)    Encourage water resources management authorities to
18      utilize a comprehensive integrated water resources approach
19      for water resources protection, maintenance and improvement,
20      including quantity and quality, and other environmental
21      benefits.
22          (16)    Authorize dedicated funding to develop and
23      implement updated, expanded and comprehensive storm water
24      planning and management, as well as to develop and implement
25      integrated water resources management plans to protect,
26      maintain, reclaim and restore this Commonwealth's water
27      resources and to protect public health, safety, property and
28      the environment.
29   Section 104.   Definitions.
30      The following words and phrases when used in this act shall

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 1   have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Account."   The Integrated Water Resources Management Account
 4   established under section 607(a).
 5      "Allowable costs."   Reasonable expenses associated with
 6   preparation, administration, implementation, revision and
 7   enforcement of department-approved comprehensive storm water
 8   management plans, integrated water resources management plans
 9   and ordinances adopted in accordance with the plans, and
10   including storm water or integrated water resource management
11   best management practices operation and maintenance.
12      "Best management practices."     Activities, facilities,
13   measures or procedures used to protect, maintain, reclaim and
14   restore the quantity and quality of waters and uses within this
15   Commonwealth.
16      "Clean Streams Law."    The act of June 22, 1937 (P.L.1987,
17   No.394), known as The Clean Streams Law.
18      "Comprehensive storm water management plan."     A storm water
19   management plan developed in accordance with the Storm Water
20   Management Act and the requirements of Chapter 3.
21      "Critical water planning area."     An area identified under 27
22   Pa.C.S. § 3112(a)(6) or (d)(1) (relating to plan contents).
23      "Department."    The Department of Environmental Protection of
24   the Commonwealth.
25      "Infrastructure."    Structural elements, structural and
26   nonstructural management practices and operating procedures that
27   support drinking water, wastewater, storm water, floodplain and
28   other water resources management activities.
29      "Integrated water resources management."     Implementation of
30   multiple statutory and regulatory planning obligations related

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 1   to the water resources of this Commonwealth.
 2      "Integrated water resources management plan."      A plan
 3   containing all of the elements prescribed under the Storm Water
 4   Management Act, and the additional requirements of Chapters 3
 5   and 4 which includes proposals for regulating activities and
 6   development that may affect water resources and wastewater
 7   management within the planning area.
 8      "Land development."     The subdivision of land, or the
 9   improvement of one or more lots, tracts or parcels of land for
10   any purpose.
11      "Municipalities Planning Code."      The act of July 31, 1968
12   (P.L.805, No.247), known as the Pennsylvania Municipalities
13   Planning Code.
14      "Municipality."    Any of the following:
15          (1)     A city, borough, incorporated town or township.
16          (2)     Another governmental unit when acting as an agent
17      for a city, borough, incorporated town or township.
18          (3)     A combination of entities specified under paragraphs
19      (1) and (2) acting jointly.
20      "Recharge."    As follows:
21          (1)     The process by which water is absorbed and is added
22      to the zone of saturation of a groundwater aquifer.
23          (2)     The term includes the quantity of water that is
24      added to the zone of saturation.
25      "Remedial plan."    A plan containing all of the elements
26   prescribed under section 301 which includes requirements for
27   assessment and remediation of storm-water-related problems.
28      "Responsible entity."    A county or counties, multiple
29   municipalities or water resources management authority
30   designated to implement the comprehensive storm water management

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 1   plan or integrated water resources management plan, or both,
 2   including construction, operation and maintenance of associated
 3   infrastructure.
 4      "Storm water."    Drainage runoff from the surface of the land
 5   resulting from precipitation or snow or ice melt.
 6      "Storm water best management practice."       As follows:
 7          (1)     Activities, facilities, measures or procedures used
 8      to protect, maintain, reclaim and restore the quantity and
 9      quality of waters and uses within this Commonwealth as
10      approved by the department.
11          (2)     The term includes plans under the Storm Water
12      Management Act or other plans, treatment requirements,
13      operating procedures and practices to manage and control the
14      rate, volume and water quality of storm water runoff.
15      "Storm Water Management Act."        The act of October 4, 1978
16   (P.L.864, No.167), known as the Storm Water Management Act.
17      "Storm water management plan."       A plan for storm water
18   management prepared and adopted by a county in accordance with
19   the Storm Water Management Act.
20      "Submitting agency."    A county, counties, multiple
21   municipalities or a water resources management authority which
22   elects to develop and submit an integrated water resources
23   management plan, in accordance with the requirements of section
24   401(a), to the department for approval under this act.
25      "Subsurface drainage."    Drainage runoff which occurs below
26   the surface of the ground resulting from precipitation or snow
27   or ice melt.
28      "Water resources management authority."        A body politic and
29   corporate created under the former act of May 2, 1945 (P.L.382,
30   No.164), known as the Municipality Authorities Act of 1945, 53

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 1   Pa.C.S. Ch. 56 (relating to municipal authorities) or section
 2   501 for the purpose of planning, constructing, operating,
 3   maintaining, managing and regulating storm water or integrated
 4   water resources management structures, practices and activities.
 5      "Water resources management planning."      Planning based on
 6   watershed areas to protect, maintain, reclaim and restore the
 7   quality and quantity of surface water and groundwater and the
 8   physical, chemical and biological characteristics of bodies of
 9   water from the effects of past and future activities and
10   development while assuring sustainable supplies of clean water
11   to meet current and future needs and minimizing the impact of
12   storm water on public health, safety, property and the
13   environment.
14      "Watershed."   The entire region or area drained by a river or
15   other body of water, whether natural or artificial.
16      "Watershed-based planning area."      A planning area approved by
17   the department and based on watershed boundaries, as well as
18   political boundaries or geographic considerations, that is the
19   focus of a comprehensive storm water management plan or
20   integrated water resources management plan.
21                                CHAPTER 2
22                           POWERS AND DUTIES
23   Section 201.   Powers and duties of counties.
24      (a)   Comprehensive storm water management plan.--A county
25   shall prepare and ensure implementation of a comprehensive storm
26   water management plan in accordance with section 301. In
27   addition to any existing powers, and consistent with the
28   requirements of section 401(a), the county may elect to develop
29   or implement an integrated water resources management plan in
30   accordance with Chapter 4.

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 1      (b)   Review and comment.--A county shall review and comment
 2   on the location, design and construction within the watershed-
 3   based planning area of facilities owned or financed, in whole or
 4   in part, by funds from this Commonwealth, including storm water
 5   facilities, water obstructions, flood control projects, highways
 6   and transportation facilities and facilities for the provision
 7   of public utility service, to assure their consistency with the
 8   plans developed in accordance with this act. The county shall
 9   review and take action on the submissions concurrent with the
10   review period as provided in Article V of the Municipalities
11   Planning Code.
12      (c)   Inspection.--In accordance with plans developed under
13   this act, a county shall also ensure inspection of water-
14   resources-related facilities, provide for routine operation and
15   maintenance of water resources management facilities and
16   construct water resources management facilities.
17      (d)   Public comment.--A county shall provide for public
18   comment on all proposed publicly financed water resources
19   capital projects undertaken in accordance with the remedial plan
20   requirements in Chapter 3.
21      (e)   Compliance.--The actions of a county under this act
22   shall not relieve a person engaged in activities or in the
23   alteration or development of land of the responsibility to
24   comply with:
25            (1)   the requirements of storm water ordinances of
26      municipalities;
27            (2)   an approved integrated water resources management
28      plan;
29            (3)   the requirements of the Storm Water Management Act;
30      or

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 1            (4)   the legal requirements of the other programs for
 2      which planning will be integrated in an integrated water
 3      resources management plan.
 4   Section 202.     Powers and duties of department and Environmental
 5                  Quality Board.
 6      (a)     Department.--The department shall have the power and
 7   duty to:
 8            (1)   Coordinate the management of water resources in this
 9      Commonwealth, including the authority to develop processes
10      and certification programs for consulting and engineering
11      services.
12            (2)   Develop processes and procedures for resolving
13      disputes associated with comprehensive storm water integrated
14      water resources management planning among county and
15      municipal planning bodies and government agencies concerning
16      comprehensive storm water management plan development or
17      implementation.
18            (3)   Develop guidelines and policies to implement the
19      purposes of this act, which may include specific
20      comprehensive storm water management plan or integrated water
21      resources management plan scope and content requirements,
22      model integrated water resources management plans and model
23      ordinances.
24            (4)   Charge fees associated with the review of integrated
25      water resources management plans that reasonably reflect the
26      cost of review.
27            (5)   Approve, disapprove or conditionally approve
28      comprehensive storm water management plans and integrated
29      water resources management plans.
30            (6)   Undertake enforcement as necessary and appropriate

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 1      and in accordance with this act.
 2            (7)   Take any other action required to carry out the
 3      purposes and policies of this act.
 4            (8)   Upon request of a county or municipality, provide
 5      technical assistance appropriate to accomplish the purposes
 6      of this act.
 7      (b)   Other laws.--Nothing in this act shall be construed to
 8   abrogate the authority of the department under any of the
 9   environmental laws administered by the department.
10      (c)   Board.--The Environmental Quality Board shall adopt
11   rules and regulations of the department as are necessary and
12   appropriate to carry out the purposes of this act.
13   Section 203.    Powers and duties of municipalities.
14      (a)   Implementation of plans.--A municipality or multiple
15   municipalities shall have the power and duty to implement
16   comprehensive storm water management plans and any applicable
17   integrated water resources management plan.
18      (b)   Plan.--Consistent with the requirements of section
19   401(a), multiple municipalities may elect to develop an
20   integrated water resources management plan in accordance with
21   Chapter 4.
22      (c)   Land development and activities.--Municipalities shall
23   regulate land development and activities consistent with the
24   most recent applicable approved comprehensive storm water
25   management plan or integrated water resources management plan
26   and shall adopt ordinances to implement those plans.
27      (d)   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 that is not in conflict with plans developed under this

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 1   act.
 2   Section 204.    Powers and duties of water resources management
 3                 authorities.
 4      (a)   Plan.--Water resources management authorities shall have
 5   the power and duty to implement and administer comprehensive
 6   storm water management plans when so designated and to implement
 7   and administer integrated water resources management plans when
 8   so designated.
 9      (b)   Integrated plan.--Consistent with the requirements of
10   section 401(a), water resources management authorities may elect
11   to develop an integrated water resources management plan in
12   accordance with Chapter 4.
13      (c)   Powers and duties.--Water resources management
14   authorities shall have the power and duty to set rates and
15   assess and collect fees to carry out the purposes of this act.
16      (d)   Annual report.--Water resources management authorities
17   shall provide an annual report of actions and activities to the
18   department.
19                                 CHAPTER 3
20             COMPREHENSIVE STORM WATER MANAGEMENT PLANNING
21   Section 301.    Comprehensive storm water management planning and
22                 management requirements.
23      (a)   Watershed boundaries.--Comprehensive storm water
24   management plans shall be based on the watershed boundaries
25   described in plans developed in accordance with the Storm Water
26   Management Act, unless an alternate watershed-based planning
27   area is approved by the department for good cause shown.
28      (b)   Plans and updates.--Except as provided under subsection
29   (e), within five years of the effective date of this subsection,
30   counties shall prepare or update the plans developed in

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 1   accordance with the Storm Water Management Act and, at a
 2   minimum, shall also prepare a remedial plan, which together
 3   shall constitute the comprehensive storm water management plan.
 4   At a minimum, the remedial plan must include the following:
 5          (1)   Identification and assessment of existing problems
 6      associated with storm water runoff and subsurface drainage
 7      and the conditions that cause or contribute to the problems.
 8          (2)   Proposed solutions to or remediation of existing
 9      problems which take into account peak rates of storm water
10      runoff, the volume and velocity of storm water runoff and the
11      quality of the storm water runoff necessary to prevent
12      pollution and to protect, maintain, reclaim and restore
13      waters of this Commonwealth, including:
14                (i)    A remediation and retrofit priorities list.
15                (ii)    A prioritized schedule for implementation and
16          completion of the remedial plan.
17                (iii)    A designation of the responsible entity for
18          implementation of the plan and operation and maintenance
19          of remedial infrastructure.
20          (3)   Inventory of significant existing storm water
21      management facilities in the watershed, their engineering
22      design features, their ownership and maintenance
23      responsibility and an assessment of their functional
24      effectiveness.
25          (4)   A program for public information, participation and
26      education.
27          (5)   Provision for comprehensive storm water management
28      plan review and update at a minimum of every five years.
29          (6)   Demonstration of or steps to achieve general
30      consistency with:

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 1                (i)    The applicable comprehensive storm water
 2            management plans of the municipality and county enacted
 3            under the Municipalities Planning Code.
 4                (ii)     Other existing applicable Federal, State,
 5            interstate, regional and county environmental and land
 6            use plans.
 7                (iii)     Existing applicable watershed storm water
 8            management plans, including minimum standards required by
 9            the Storm Water Management Act.
10      (c)   Exception.--Except as provided under this act, the
11   requirements and procedures in sections 6, 7, 8, 9, 10, 11 and
12   12 of the Storm Water Management Act shall be followed in
13   developing the comprehensive storm water management plan under
14   this section. These provisions apply to development and
15   implementation of the applicable plan and implementing ordinance
16   and regulation revisions required by this section.
17      (d)   Design criteria and standards.--The comprehensive storm
18   water management plan shall identify the design criteria or
19   performance standard for any storm water management practice
20   implemented under this section, and the county or the department
21   shall have no responsibility to reimburse the cost of any
22   practice not meeting the design criteria or performance
23   standard.
24      (e)   Extension of deadline.--The department shall extend the
25   deadline under subsection (b) for preparation of a comprehensive
26   storm water management plan if, upon application by the counties
27   for grants and reimbursements authorized under section 608(a) to
28   meet the requirements of this chapter, the department determines
29   that the grants and reimbursements are not available. The
30   department may extend the deadline for the counties for

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 1   compliance with subsection (b) for up to five years from the
 2   date of the department's authorization of the grants or
 3   reimbursements.
 4   Section 302.   Review and approval or disapproval by department.
 5      (a)   Determination.--The department may approve or disapprove
 6   comprehensive storm water management plans in whole or in part
 7   or with conditions that the department determines are reasonable
 8   and appropriate.
 9      (b)   Effect of inaction by department.--Unless the department
10   approves, conditionally approves or disapproves the
11   comprehensive storm water management plan within 120 days of
12   receipt, the comprehensive storm water management plan shall be
13   deemed acceptable as submitted.
14   Section 303.   Implementation of comprehensive storm water
15               management plans.
16      (a)   Ordinances.--Within 18 months following adoption and
17   approval of a comprehensive storm water management plan, each
18   municipality shall adopt or amend its ordinances and
19   regulations, including its zoning, subdivision and development,
20   building code and erosion and sedimentation ordinances,
21   necessary to regulate development and activities and to control
22   storm water within the municipality in a manner consistent with
23   the applicable comprehensive storm water management plan,
24   including the remedial plan to address existing problems, and
25   the provisions of the Storm Water Management Act and this act.
26   The department may extend the deadline six months for compliance
27   with this section upon request based upon a demonstration of
28   need.
29      (b)   Remedial plan.--Following adoption and approval of
30   comprehensive storm water management plans, the responsible

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 1   entity shall implement the remedial plan.
 2      (c)   Infrastructure implementation.--Unless otherwise
 3   specified in a county-adopted and department-approved
 4   comprehensive storm water management plan, infrastructure
 5   improvements under the comprehensive storm water management plan
 6   shall be implemented by any of the following means:
 7            (1)   Each municipality shall carry out the plan within
 8      its boundaries, either individually or by agreement with
 9      another municipality, county or a joint agency.
10            (2)   One or more municipalities in the watershed may
11      request that the county or counties in the watershed assume
12      responsibility for implementation of the plan. The county or
13      counties may assume responsibility for implementation of the
14      plan and operational authority for the storm water facilities
15      as provided for in the plan, but only for municipalities that
16      agree to allow the county or counties to assume
17      implementation responsibilities.
18            (3)   If two-thirds of the municipalities, representing at
19      least 51% of the population within the watershed, through
20      adoption of resolutions of their governing bodies, request
21      that the county or counties in the watershed assume
22      responsibility for implementation of the plan, the county or
23      counties shall meet with the municipalities to develop a plan
24      of implementation, to be adopted within 12 months. The
25      following procedures apply:
26                  (i)   If the county or counties and municipalities do
27            not adopt a plan of implementation by the 12-month
28            period, the department may convene a three-person panel
29            to be comprised of one representative or designee
30            appointed by the department, one representative or

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 1            designee appointed by the county or counties and one
 2            representative or designee appointed by the group of
 3            municipalities. The county or counties and municipalities
 4            shall have 30 days from the date the department convenes
 5            the panel to select their representative or designee.
 6                (ii)    The department shall oversee the panel's
 7            completion of the implementation plan, which shall be
 8            adopted within six months from the panel's first meeting.
 9            The first meeting of the panel shall be held no later
10            than 45 days from the date the panel is convened.
11                (iii)    If either the county or municipalities fail to
12            appoint a representative or designee, the department
13            shall complete the plan of implementation in cooperation
14            with any timely appointed representative or designee. If
15            there are no timely appointed representatives or
16            designees from the county or municipalities, the
17            department shall complete the plan of implementation.
18                (iv)    Failure of the county or municipalities to
19            comply with the final plan of implementation developed in
20            accordance with this subsection constitutes a violation
21            of this act.
22      (d)   Responsible entity.--If the responsible entity fails to
23   timely implement the remedial plan associated with approved and
24   adopted comprehensive storm water management plans, the county
25   may implement the remedial plan.
26      (e)   Development of model ordinances.--Within three years of
27   the effective date of this subsection, the department shall
28   develop a set of model ordinances, including a specific model
29   comprehensive storm water management ordinance, that can be used
30   as a guide by municipalities to adopt regulations designed to

20250HB0659PN0668                     - 19 -
 1   implement the applicable comprehensive storm water management
 2   plan.
 3      (f)   Waiver provisions.--The implementing ordinances and
 4   regulations may not contain a waiver provision except for those
 5   waivers included in the model ordinance in the adopted and
 6   approved comprehensive storm water management plan.
 7      (g)   Decisions.--The department, other Commonwealth
 8   departments and agencies and county and municipal governments
 9   and agencies shall consider and shall make decisions with
10   respect to issuance of permits, approvals or grants that are
11   generally consistent with comprehensive storm water management
12   plans prepared, adopted and approved under this act.
13      (h)   Review and issuance procedures.--The department shall
14   develop procedures to coordinate the review and issuance of all
15   department permits, approvals or grants that cover construction,
16   operation and maintenance of all current and future facilities
17   that are necessary to implement the comprehensive storm water
18   management plans, including the designation of a single point of
19   contact for all department permits or approvals for the
20   facilities.
21      (i)   Construction.--Nothing in this act shall be construed to
22   relieve a county or municipality from compliance with existing
23   obligations under the Storm Water Management Act.
24   Section 304.    Failure to submit and implement comprehensive
25                 storm water management plan.
26      (a)   Actions.--A person, municipality or the department may
27   institute an action in mandamus to compel a county to prepare,
28   adopt and submit a comprehensive storm water management plan in
29   accordance with the Storm Water Management Act and this act.
30      (b)   Administrative remedies.--The department may utilize

20250HB0659PN0668                    - 20 -
 1   administrative remedies, including administrative orders, or may
 2   institute an action in mandamus to compel a county to prepare,
 3   adopt and submit a comprehensive storm water management plan in
 4   accordance with the Storm Water Management Act and this act.
 5      (c)   Reimbursement.--When action by the municipality or
 6   department is required to compel a county to prepare, adopt,
 7   submit or implement a comprehensive storm water management plan,
 8   the department may not provide grants or reimbursements to the
 9   county for the cost of the comprehensive storm water management
10   plan.
11      (d)   Costs and fees.--The costs, attorney fees,
12   administrative fees and other expenses associated with
13   proceedings under this section shall be recoverable from the
14   violator.
15   Section 305.     Failure of municipalities to adopt ordinances and
16                  implement plans.
17      (a)   Procedure following approval.--Following adoption and
18   approval of a comprehensive storm water management plan, in
19   accordance with section 303(a):
20            (1)   A person may institute an action in mandamus to
21      compel a municipality to adopt implementing ordinances and to
22      implement a comprehensive storm water management plan and
23      ordinances in accordance with the Storm Water Management Act
24      and this act.
25            (2)   The county or the department may utilize
26      administrative remedies, including administrative orders, or
27      may institute an action in mandamus to compel a municipality
28      to adopt ordinances or to implement a comprehensive storm
29      water management plan in accordance with the Storm Water
30      Management Act and this act.

20250HB0659PN0668                      - 21 -
 1            (3)   When action by the county, the department or any
 2      person is required to compel a municipality to adopt
 3      ordinances or to implement a comprehensive storm water
 4      management plan, the department may not provide grants or
 5      reimbursements to the municipality for the associated costs.
 6      (b)   Costs and fees.--The costs, attorney fees,
 7   administrative fees and other expenses associated with
 8   proceedings under this section shall be recoverable from the
 9   violator.
10                                  CHAPTER 4
11                    INTEGRATED WATER RESOURCES MANAGEMENT
12                            PLANNING AND PROCEDURE
13   Section 401.     Water resources management coordination and
14                  integration.
15      (a)   Submitting agency.--A county or multiple counties may
16   elect to develop integrated water resources management plans. If
17   a county or counties have not provided notice to the department
18   of the intention to develop an integrated water resources
19   management plan, the multiple municipalities or water resources
20   management authorities located in the counties may elect to
21   develop integrated water resources management plans in
22   accordance with this act, beginning one year from the effective
23   date of this subsection.
24      (b)   Plans.--Integrated water resources management plans may
25   be developed for individual or multiple watersheds, or upon
26   department-approved watershed-based planning areas, designated
27   in accordance with, the following considerations:
28            (1)   Existence of critical water planning areas.
29            (2)   Waters listed under 33 U.S.C. § 1313(d) (relating to
30      water quality standards and implementation plans).

20250HB0659PN0668                    - 22 -
 1            (3)    Flooding history.
 2            (4)    Special protection watersheds.
 3            (5)    Current or projected population density.
 4            (6)    Current or projected rate of development.
 5            (7)    Percent of impervious cover.
 6      (c)   Minimum requirements.--Integrated water resources
 7   management plans shall, at a minimum, be consistent with this
 8   act and the following statutes:
 9            (1)    21 U.S.C. § 349 (relating to bottled drinking water
10      standards; publication in Federal register).
11            (2)    33 U.S.C. Ch. 26 Subch. I (relating to research and
12      related programs).
13            (3)    33 U.S.C. § 2213 (relating to flood control and
14      other purposes).
15            (4)    42 U.S.C. Ch. 6A Subch. I (relating to
16      administration and miscellaneous provisions).
17            (5)    42 U.S.C. Ch. 6A Subch. XII (relating to safety of
18      public water systems).
19            (6)    The Clean Streams Law.
20            (7)    The act of June 24, 1939 (P.L.842, No.365), referred
21      to as the Water Rights Law.
22            (8)    The act of May 15, 1945 (P.L.547, No.217), known as
23      the Conservation District Law.
24            (9)    The act of January 24, 1966 (1965 P.L.1535, No.537),
25      known as the Pennsylvania Sewage Facilities Act.
26            (10)    The Municipalities Planning Code.
27            (11)    The act of October 4, 1978 (P.L.851, No.166), known
28      as the Flood Plain Management Act.
29            (12)    The Storm Water Management Act.
30            (13)    The act of November 26, 1978 (P.L.1375, No.325),

20250HB0659PN0668                        - 23 -
 1      known as the Dam Safety and Encroachments Act.
 2            (14)    The act of May 1, 1984 (P.L.206, No.43), known as
 3      the Pennsylvania Safe Drinking Water Act.
 4            (15)    The provisions of 3 Pa.C.S. Ch. 5 (relating to
 5      nutrient management and odor management).
 6            (16)    The provisions of 53 Pa.C.S. Ch. 56 (relating to
 7      municipal authorities).
 8            (17)    Any other applicable Federal or State law as
 9      determined by the department.
10      (d)   Entities.--Entities which elect to undertake integrated
11   water resources management planning shall do so in accordance
12   with this act.
13      (e)   Compliance.--If an entity elects to undertake integrated
14   water resources management planning and the plan is approved by
15   the department in accordance with this act, the entity is deemed
16   to have satisfied the procedural and substantive planning
17   requirements of the acts listed in subsection (c) that impose
18   planning requirements.
19   Section 402.      Integrated water resources management planning
20                   process.
21      (a)   Boundaries.--Integrated water resources management plans
22   shall be based upon the boundaries described in plans developed
23   in accordance with section 401(b), unless an alternate
24   watershed-based planning area is approved by the department for
25   good cause shown.
26      (b)   Development.--Public participation in the development of
27   the integrated water resources management plan shall be provided
28   as follows:
29            (1)    An integrated water resources management plan
30      advisory committee, composed of one representative appointed

20250HB0659PN0668                     - 24 -
 1      by the governing body of each municipality in the watershed-
 2      based planning area, the county and any county conservation
 3      district in the planning area watershed, any compact basin
 4      commission in the planning area watershed and other agencies
 5      and groups, as are necessary and proper, shall be established
 6      to advise the submitting agency throughout the process.
 7            (2)   Prior to adoption, the plan shall be reviewed by the
 8      official planning agency, if one exists, and governing body
 9      of each municipality and county and by each regional planning
10      agency in the watershed for general consistency with other
11      plans and programs affecting the watershed-based planning
12      area. All reviews and the submitting agency's responses shall
13      be submitted to the department with the plan at the time a
14      review of the plan is requested from the department.
15            (3)   Prior to adoption or amendment of the plan,
16      reasonable public notice shall be given at least 14 days
17      prior to the hearing, and a public hearing shall be held
18      within the watershed-based planning area.
19      (c)   Adoption.--Adoption or amendment by the submitting
20   agency of the integrated water resources management plan shall
21   be by resolution of the governing body or bodies of the agency
22   or agencies identified in subsection (b), which have authorized
23   development of the plan.
24      (d)   Approval by department.--
25            (1)   Prior to adoption or substantive amendment, the
26      submitting agency shall submit the integrated water resources
27      management plan to the department for review. The department
28      shall approve or conditionally approve the integrated water
29      resources management plan if the department determines that
30      the plan is generally consistent with the following:

20250HB0659PN0668                    - 25 -
 1              (i)    Section 401(c).
 2              (ii)    All current approved watershed restoration and
 3        protection plans that have been developed in the planning
 4        area.
 5              (iii)    All current approved total maximum daily loads
 6        for waters of the planning area.
 7              (iv)    All current source water protection plans that
 8        have been adopted in the planning area.
 9              (v)    All current rivers conservation plans in the
10        watershed-based planning area that have been approved by
11        the Department of Conservation and Natural Resources.
12              (vi)    All current critical area resource plans that
13        have been approved by the department.
14              (vii)    All current applicable water resources plans
15        adopted by a river basin commission.
16        (2)   Unless the department approves, conditionally
17    approves or disapproves the integrated water resources
18    management plan within 120 days of receipt, the plan shall be
19    deemed acceptable as submitted.
20        (3)   If the department determines that the proposed
21    integrated water resources management plan will not meet the
22    requirements of this act, the department shall disapprove the
23    plan in writing, which writing shall identify the basis for
24    disapproval.
25        (4)   The integrated water resources management planning
26    area, either based upon the boundaries described in plans
27    developed in accordance with the Storm Water Management Act
28    or an alternate watershed-based planning area approved by the
29    department, shall be considered a reasonable geographic area
30    in a multimunicipal comprehensive plan prepared in accordance

20250HB0659PN0668                   - 26 -
 1      with Article XI of the Municipalities Planning Code as long
 2      as the county or multiple municipalities follow the
 3      procedures in Article XI of the Municipalities Planning Code.
 4      (e)   Design criteria and standards.--The integrated water
 5   resources management plan shall identify the design criteria or
 6   performance standard for any water management practice
 7   implemented under this section, and the county or the department
 8   shall have no responsibility to reimburse the cost of any
 9   practice not meeting the design criteria or performance
10   standard.
11   Section 403.     Integrated water resources management plan
12                  requirements.
13      (a)   Local authorization.--
14            (1)   The submitting agency may develop an integrated
15      water resources management plan as described in this section.
16      If all counties or municipalities in the watershed do not
17      agree to develop the plan, the plan shall use standards at
18      the boundaries of the nonparticipating county or
19      municipalities that are consistent with the integrated water
20      resources management plan.
21            (2)   Federal lands shall be included in the integrated
22      water resources management plan in consultation with the
23      United States Department of the Interior.
24            (3)   State lands shall be included in the integrated
25      water resources management plan in consultation with the
26      appropriate State agency.
27            (4)   The integrated water resources management plan shall
28      be generally consistent with comprehensive plans of counties
29      and municipalities enacted under the Municipalities Planning
30      Code.

20250HB0659PN0668                    - 27 -
 1            (5)   A comprehensive plan of a county or a municipality
 2      enacted under the Municipalities Planning Code, subsequent to
 3      adoption of this act, shall be generally consistent with the
 4      integrated water resources management plan approved under
 5      this act that applies to the county or municipality.
 6            (6)   An integrated water resources management plan
 7      adopted on a multimunicipal basis in accordance with this act
 8      shall constitute the water planning required in accordance
 9      with section 301(a)(4) of the Municipalities Planning Code
10      and shall be considered a plan for the reliable supply of
11      water in accordance with section 301(b) of the Municipalities
12      Planning Code if it is a component of a multimunicipal
13      comprehensive plan prepared in accordance with Article XI of
14      the Municipalities Planning Code, as long as the county or
15      multiple municipalities follow the procedures in Article XI
16      of the Municipalities Planning Code.
17      (b)   Integrated water resources management plan content.--The
18   integrated water resources management plan, at a minimum, shall:
19            (1)   Coordinate the planning provisions in and
20      demonstrate consistency with Federal and State statutes and
21      programs identified in section 401(a).
22            (2)   Delineate the approved watershed-based planning area
23      boundary.
24            (3)   Inventory all existing and planned water and
25      wastewater treatment systems and service areas and all
26      significant water resources management facilities within the
27      watershed, their ownership and the parties responsible for
28      their operation and maintenance and provide an assessment of
29      the functional effectiveness of the systems and facilities.
30            (4)   Estimate current and future water demands.

20250HB0659PN0668                    - 28 -
 1        (5)     Identify all local conservation areas such as
 2    protected riparian corridors, conservation easements,
 3    wellhead and source water protection areas, preserved
 4    farmland, greenways, publicly owned land and other areas that
 5    have land-use restrictions based on natural conditions.
 6        (6)     Identify all environmentally sensitive features of
 7    the watershed, such as wetlands, habitat for rare and
 8    endangered plant and animal species, special protection
 9    waters and karst geology.
10        (7)     Identify and consider all current storm water
11    management plans and watershed protection and restoration
12    plans that have been prepared by citizen groups, nonprofit
13    organizations, conservation districts, county and municipal
14    governments and Federal, State, interstate or regional
15    agencies.
16        (8)     Identify and describe all existing regionally
17    significant water quality problems and water resources
18    management problems within the watershed, including those
19    caused by domestic or industrial wastewater, nonpoint sources
20    of pollution, water availability and storm water and
21    floodplain management problems.
22        (9)     Project future land-use changes over a 10-year
23    period based on population estimates, anticipated
24    development, planning and zoning requirements, economic
25    considerations and public infrastructure.
26        (10)     Identify and evaluate alternatives for future water
27    demands, including water supply and wastewater demands.
28        (11)     Identify, evaluate and prioritize management
29    practices, procedures and other strategies to protect,
30    maintain, reclaim, restore and enhance water quality and

20250HB0659PN0668                  - 29 -
 1      water resources based on existing conditions and projected
 2      growth and land use changes.
 3            (12)    Designate the responsible entity for implementation
 4      of the plan and for operation and maintenance of water
 5      quality protection and water resources management facilities,
 6      such as wastewater treatment plants and community or
 7      individual storm water control facilities.
 8            (13)    Identify and evaluate potential water conservation
 9      and reuse measures.
10            (14)    Identify and evaluate source water protection
11      alternatives.
12            (15)    Identify financing alternatives, including rate
13      structures for fees and assessments to implement the plan.
14            (16)    Present selected financing methods and priorities.
15            (17)    Present a prioritized schedule and process for plan
16      implementation.
17            (18)    Establish a program for public participation,
18      information and education.
19            (19)    Provide for plan reviews and updates on a minimum
20      five-year cycle.
21            (20)    Provide model ordinances for plan implementation.
22      (c)   Additional issues.--The integrated water resources
23   management plans may address additional issues, including the
24   following:
25            (1)    Preventing increased flood stages in streams.
26            (2)    Controlling the quantity, peak and volume,
27      direction, rate and velocity of storm water runoff and
28      subsurface drainage and the quality thereof consistent with
29      State water quality standards.
30            (3)    Improving groundwater recharge.

20250HB0659PN0668                     - 30 -
 1            (4)   Maximizing the opportunities for integration of
 2      water resources management and protection under the existing
 3      laws and regulations.
 4            (5)   Creating water resources management corridors in
 5      accordance with section 405.
 6            (6)   Supporting ecologically sustainable water
 7      management, sustainable water supplies, water conservation,
 8      surface and groundwater management, development of resource
 9      strategies, providing for long-term infrastructure investment
10      strategies, evaluating environmental impacts and options and
11      evaluating economic impacts and options.
12   Section 404.     Implementation of integrated water resources
13                  management plans.
14      (a)   Requirements.--Within 180 days of the department's
15   approval of an integrated water resources management plan, each
16   county and municipality within the area subject to the plan
17   shall:
18            (1)   Adopt or amend ordinances and regulations, including
19      zoning, subdivision and development, building code, erosion
20      and sedimentation and storm water ordinances, as are
21      necessary to regulate development and local activities in a
22      manner consistent with the applicable approved plan and the
23      provisions of this act.
24            (2)   Implement ordinances and regulations, including
25      zoning, subdivision and development, building code, erosion
26      and sedimentation and storm water ordinances, as are
27      necessary to regulate development and local activities in a
28      manner consistent with the applicable approved plan and the
29      provisions of this act.
30      (b)   Infrastructure implementation.--Infrastructure

20250HB0659PN0668                       - 31 -
 1   improvements under an integrated water resources management plan
 2   shall be implemented through any of the following:
 3          (1)   A municipality shall carry out the plan within its
 4      boundaries, either individually or by agreement with another
 5      municipality or 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 water resources
11      management facilities provided for in the plan, but only for
12      municipalities that agree to allow the county or counties to
13      assume 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, the county or
19      counties shall meet with the municipalities to develop a plan
20      of implementation to be adopted within 12 months. The
21      following procedures apply:
22                (i)   If the county or counties and municipalities do
23          not adopt a plan of implementation after 12 months, the
24          department may convene a three-person panel to be
25          comprised of one representative or designee appointed by
26          the department, one representative or designee appointed
27          by the county or counties and one representative or
28          designee appointed by the group of municipalities. The
29          county or counties and municipalities shall have 30 days
30          from the date the department convenes the panel to select

20250HB0659PN0668                    - 32 -
 1            their representative or designee.
 2                (ii)    The department shall oversee the panel's
 3            completion of the implementation plan, which shall be
 4            adopted within six months from the panel's first meeting.
 5            The first meeting of the panel shall be held no later
 6            than 45 days from the date the panel is convened.
 7                (iii)    If either the county or municipalities fail to
 8            appoint a representative or designee, the department
 9            shall complete the plan of implementation in cooperation
10            with any timely appointed representative or designee. If
11            there are no timely appointed representatives or
12            designees from the county or municipalities, the
13            department shall complete the plan of implementation.
14                (iv)    Failure of the county or municipalities to
15            comply with the final plan of implementation developed in
16            accordance with this subsection constitutes a violation
17            of this act.
18      (c)   Development of model ordinances.--Within 180 days of the
19   effective date of this subsection, 

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