SB 204 — 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; repealing provisions relating to appropriations; and making editorial changes.

PRINTER'S NO.   157

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 204
                                               Session of
                                                 2025

     INTRODUCED BY ROTHMAN, STEFANO AND DUSH, JANUARY 29, 2025

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

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

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 1   Section 17.      Grants and reimbursements to municipalities and
 2                 counties.
 3      (a)   The [Department of Environmental Resources] department
 4   is authorized to administer grants to municipalities and
 5   counties to assist or reimburse them for costs in preparing
 6   official storm water management plans and actual administrative
 7   and enforcement and implementation costs and revisions to
 8   official plans for storm water management required by this act.
 9   Grants and reimbursements shall be made from and to the extent
10   of funds appropriated by the General Assembly for such purposes,
11   and shall be made in accordance to rules and regulations adopted
12   by the Environmental Quality Board.
13            * * *
14      (c)   If, in any fiscal year, appropriations are insufficient
15   to cover the costs or grants and reimbursement to all
16   municipalities and counties eligible for such grants and
17   reimbursements in that fiscal year, the [Department of
18   Environmental Resource] department shall report such fact to the
19   General Assembly and shall request appropriation of funds
20   necessary to provide the grants authorized in this section. If
21   such a deficiency appropriation is not enacted, any municipality
22   or county which has not received the full amount of the grant
23   for which it is eligible under this section shall be as a first
24   priority reimbursed from appropriations made in the next
25   successive fiscal year.
26      Section 6.      Section 18 of the act is repealed:
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 for the purposes of administrative and
2   general expenses in implementing the provisions of this act.]
3      Section 7.   This act shall take effect in 60 days.




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