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.
Summary
HB234 amends the Pennsylvania Second Class Township Code provisions governing storm water management fees. It authorizes townships to continue assessing reasonable and uniform fees to fund the construction, maintenance, and operation of storm water management facilities, systems, and plans, but adds more specific limits and conditions on how those fees are set.
The bill states that fees may not exceed the amount needed to meet minimum requirements under the federal Clean Water Act and related federal or state implementation rules for storm water discharges. It also requires townships to consider exemptions or credits for properties that have installed and maintain approved storm water best management practices. For normal agricultural operations, the bill specifically recognizes BMPs approved by USDA Natural Resources Conservation Service or the State Conservation Commission.
Impact
If enacted, HB234 would amend Section 2705(a) of The Second Class Township Code and directly affect how second-class townships in Pennsylvania structure storm water utility or management fees. It would tie fee authority more closely to federal Clean Water Act/NPDES compliance needs and require townships to account for qualifying storm water controls already in place on private property, including certain agricultural BMPs. The bill would take effect 60 days after enactment.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the available sentiment appears generally supportive and technical rather than controversial. The bill is framed as a clarification and limitation on fee-setting authority, with an emphasis on fairness, regulatory compliance, and recognition of existing storm water controls. No recorded opposition, amendments, or roll-call votes are included in the provided context.
Contention
The main potential points of contention are the scope of township fee authority and how strictly fees should be capped at the minimum needed for federal and state storm water compliance. Property owners and agricultural interests may favor the required credits and exemptions, while townships or storm water program administrators may be concerned that the bill could reduce revenue flexibility or complicate fee administration. The explicit treatment of agricultural best management practices may also raise questions about eligibility, verification, and the balance between local control and state/federal standards.
In storm sewers and watercourses, further providing for authority of boroughs and for manner of financing work; providing for storm water management plans and facilities for incorporated towns; and, in watercourses, flood protection projects and storm water systems, further providing for establishing and changing watercourses, flood protection projects and storm water systems and for assessment of benefits and liens.
In general provisions, further providing for definitions; in residual waste, further providing for disposal, processing and storage of residual waste and providing for exempt special wastes; and making an editorial change.