HB 958 — An Act amending the act of October 4, 1978 (P.L.864, No.167), known as the Storm Water Management Act, further providing for powers and duties of the Department of Environmental Resources; and making editorial changes.

PRINTER'S NO.     1032

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 958
                                               Session of
                                                 2025

     INTRODUCED BY GLEIM, HAMM, KENYATTA, COOK, GROVE, KAUFFMAN,
        KUZMA, SMITH, ZIMMERMAN, REICHARD AND LAWRENCE,
        MARCH 18, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, MARCH 18, 2025


                                    AN ACT
 1   Amending the act of October 4, 1978 (P.L.864, No.167), entitled
 2      "An act providing for the regulation of land and water use
 3      for flood control and storm water management purposes,
 4      imposing duties and conferring powers on the Department of
 5      Environmental Resources, municipalities and counties,
 6      providing for enforcement, and making appropriations,"
 7      further providing for powers and duties of the Department of
 8      Environmental Resources; and making editorial changes.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    The title of the act of October 4, 1978 (P.L.864,
12   No.167), known as the Storm Water Management Act, is amended to
13   read:
14                                  AN ACT
15   Providing for the regulation of land and water use for flood
16      control and storm water management purposes, imposing duties
17      and conferring powers on the Department of Environmental
18      [Resources] Protection, municipalities and counties,
19      providing for enforcement, and making appropriations.
20      Section 2.    The definition of "department" in section 4 of
 1   the act is amended to read:
 2   Section 4.     Definitions.
 3      The following words and phrases when used in this act shall
 4   have the meanings given to them in this section unless the
 5   context clearly indicates otherwise:
 6      "Department."      The Department of Environmental [Resources]
 7   Protection of the Commonwealth of Pennsylvania.
 8      * * *
 9      Section 3.      Section 9(a) introductory paragraph of the act is
10   amended to read:
11   Section 9.     Review and approval by the department.
12      (a)   The department shall, in consultation with the
13   Department of Community [Affairs] and Economic Development,
14   review all watershed storm water plans and revisions or
15   amendments thereto. It shall approve the plan if it determines:
16            * * *
17      Section 4.      Section 14 heading and (a) introductory
18   paragraph, (2) and (4) of the act are amended and the section is
19   amended by adding a subsection to read:
20   Section 14.      Powers and duties of [the Department of
21                  Environmental Resources] department.
22      (a)   The [Department of Environmental Resources] department
23   shall have the power and its duty shall be to:
24            * * *
25            (2)   Provide in cooperation with the Department of
26      Community [Affairs] and Economic Development technical
27      assistance to counties and municipalities in implementing
28      this act.
29            * * *
30            (4)   Review, in cooperation with the Department of

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 1      Community [Affairs] and Economic Development, and approve all
 2      watershed plans and revisions thereto.
 3            * * *
 4      (c)   On an annual basis, the department shall conduct active
 5   water quality testing of surface waters within a watershed storm
 6   water plan in accordance with 40 CFR Pt. 136 (relating to
 7   guidelines establishing test procedures for the analysis of
 8   pollutants). The following shall apply:
 9            (1)   If the department does not have the resources to
10      conduct the water quality testing required under this
11      subsection, the department shall rely on the following to
12      calculate the water quality standards of surface waters
13      within a watershed storm water plan:
14                  (i)    Water quality testing from the county
15            conservation district, the Pennsylvania Fish and Boat
16            Commission, the Department of Conservation and Natural
17            Resources, the Pennsylvania Game Commission, an
18            institution of higher education that receives State
19            funding or a private laboratory accredited by the
20            department to perform water quality testing.
21                  (ii)    If the department has not received water
22            quality testing specified under subparagraph (i), a water
23            quality testing model.
24            (2)   The department shall grant a National Pollutant
25      Discharge Elimination System permit waiver to a small
26      municipal separate storm sewer system that is in compliance
27      with the criteria specified under 40 CFR 122.32(d) or (e)
28      (relating to as an operator of a small MS4, am I regulated
29      under the NPDES storm water program?).
30      Section 5.        Sections 17(a) introductory paragraph and (c) and

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 1   18 of the act are amended to read:
 2   Section 17.      Grants and reimbursements to municipalities and
 3                 counties.
 4      (a)   The [Department of Environmental Resources] department
 5   is authorized to administer grants to municipalities and
 6   counties to assist or reimburse them for costs in preparing
 7   official storm water management plans and actual administrative
 8   and enforcement and implementation costs and revisions to
 9   official plans for storm water management required by this act.
10   Grants and reimbursements shall be made from and to the extent
11   of funds appropriated by the General Assembly for such purposes,
12   and shall be made in accordance to rules and regulations adopted
13   by the Environmental Quality Board.
14            * * *
15      (c)   If, in any fiscal year, appropriations are insufficient
16   to cover the costs or grants and reimbursement to all
17   municipalities and counties eligible for such grants and
18   reimbursements in that fiscal year, the [Department of
19   Environmental Resources] department shall report such fact to
20   the General Assembly and shall request appropriation of funds
21   necessary to provide the grants authorized in this section. If
22   such a deficiency appropriation is not enacted, any municipality
23   or county which has not received the full amount of the grant
24   for which it is eligible under this section shall be as a first
25   priority reimbursed from appropriations made in the next
26   successive fiscal year.
27   Section 18.      Appropriations.
28      The sum of $500,000, or as much thereof as may be necessary,
29   is hereby appropriated for the fiscal period beginning July 1,
30   1978, and ending June 30, 1979, to the [Department of

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1   Environmental Resources] department for the purposes of
2   administrative and general expenses in implementing the
3   provisions of this act.
4      Section 6.   This act shall take effect in 60 days.




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