SB 216 — An Act amending the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, in storm water management plans and facilities, further providing for fees.

PRINTER'S NO.   166

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 216
                                                Session of
                                                  2025

     INTRODUCED BY BAKER, BROOKS, CULVER, HUTCHINSON, STEFANO,
        J. WARD AND VOGEL, FEBRUARY 3, 2025

     REFERRED TO LOCAL GOVERNMENT, FEBRUARY 3, 2025


                                      AN ACT
 1   Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
 2      act concerning townships of the second class; and amending,
 3      revising, consolidating and changing the law relating
 4      thereto," in storm water management plans and facilities,
 5      further providing for fees.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Section 2705 of the act of May 1, 1933 (P.L.103,
 9   No.69), known as The Second Class Township Code, is amended to
10   read:
11      Section 2705.    Fees.--(a)   For the purposes of funding the
12   construction, maintenance and operation of storm water
13   management facilities, systems and management plans authorized
14   under this article, a township may assess reasonable and uniform
15   fees based in whole or in part on the characteristics of the
16   property benefited by the facilities, systems and management
17   plans, except as provided in subsections (b.1) and (b.2). The
18   fees assessed may not exceed the amount necessary to meet the
19   minimum requirements of the Federal Water Pollution Control Act
 1   (62 Stat. 1155, 33 U.S.C. § 1251 et seq.), and Federal or State
 2   laws governing the implementation of the Federal Water Pollution
 3   Control Act, for the construction, maintenance and operation of
 4   storm water management facilities, systems and management plans,
 5   as specified in 40 CFR 122.26 (relating to storm water
 6   discharges (applicable to State NPDES programs, see § 123.25)).
 7   In establishing the fees, the township shall consider and
 8   provide appropriate exemptions or credits for properties which
 9   have installed and are maintaining storm water facilities that
10   meet best management practices and are approved or inspected by
11   the township.
12      (b)     Any fee levied by the township can be assessed in one of
13   the following methods:
14      (1)     On all properties in the township.
15      (2)     On all properties benefited by a specific storm water
16   project.
17      (3)     By establishing a storm water management district and
18   assessing the fee on all property owners in the district.
19      (b.1)    (1)   Notwithstanding any provision of subsection (a)
20   or (b), a township or municipal authority responsible for
21   regulation of storm water management or administration of storm
22   water management infrastructure within the township may not
23   assess on any agricultural property the total area of impervious
24   surface of which does not exceed thirty percent of the
25   property's total land area a fee that is greater than twice the
26   median assessment fee imposed on all properties in the township.
27      (2)     Within sixty days of the effective date of this
28   paragraph and no later than September 30 of each year
29   thereafter, the owner or operator of agricultural property that
30   qualifies for limitation in fee assessment under this subsection

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 1   must file a written notice with the township or municipal
 2   authority that affirms the property's intended use will continue
 3   to be operated as agricultural use for the current and
 4   subsequent calendar year. An administrative fee may not be
 5   imposed on any notice filed under this paragraph.
 6      (3)   No later than thirty days before the date in which the
 7   agricultural property no longer qualifies for the limitation in
 8   fee assessment provided in this subsection, the owner or
 9   operator of agricultural property must file a written notice
10   with the township or municipal authority.
11      (b.2)   In addition to the limitation in assessment of fee
12   prescribed in subsection (b.1), a township or municipal
13   authority responsible for regulation of storm water management
14   or administration of storm water management infrastructure
15   within the township shall further reduce the fee to the amount
16   levied under subsections (a) and (b) on any agricultural
17   property for annual costs incurred by the owner or operator for
18   construction, maintenance, operation and financing of
19   conservation measures performed in furtherance or facilitation
20   of a Total Maximum Daily Load that has been developed pursuant
21   to 33 U.S.C. Ch. 26 (relating to water pollution prevention and
22   control). An owner or operator of agricultural property claiming
23   an additional reduction to the fee imposed under subsection
24   (b.1) must, by September 30 of each calendar year provide
25   sufficient written documentation of costs incurred or to be
26   incurred for that year. Any additional reduction in fee that the
27   owner or operator is otherwise entitled to receive under this
28   section shall be applied to the fee to be levied for the
29   subsequent calendar year. An administrative fee may not be
30   imposed for claims for additional reduction in fee filed under

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 1   this subsection.
 2      (b.3)     For purposes of subsections (b.1) and (b.2), the term
 3   "agricultural property" shall include all contiguous area of
 4   real property operated by a person as part of "agricultural
 5   use," as defined in section 2 of the act of December 19, 1974
 6   (P.L.973, No.319), known as the "Pennsylvania Farmland and
 7   Forest Land Assessment Act of 1974," regardless of whether the
 8   area is comprised of more than one deeded tract.
 9      (c)     Any fee collected for the purposes of storm water
10   management may only be used for the purposes authorized by this
11   article.
12      (d)     The assessments shall be filed with the township
13   treasurer.
14      (e)     An ordinance shall specify whether payments are to be
15   made by annual or more frequent installments.
16      Section 2.     This act shall supersede the authority and amount
17   of fee that a township or municipal authority may impose on
18   agricultural property after the effective date of this section.
19      Section 3.     All provisions of law are repealed to the extent
20   they are inconsistent with this act.
21      Section 4.     This act shall take effect immediately.




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