An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in municipal authorities, further providing for purposes and powers.
Summary
HB235 amends Pennsylvania’s Municipal Authorities Act to change how municipal authorities that handle stormwater planning, management, and implementation may set rates. Under current law, such authorities may base reasonable and uniform stormwater rates in whole or in part on property characteristics, including the installation and maintenance of approved best management practices. The bill changes that permissive language to mandatory language, requiring that rates be based in whole or in part on property characteristics and that those characteristics include installation and maintenance of approved and inspected best management practices.
The bill also adds a specific provision for normal agricultural operations. For those properties, the bill requires that best management practices approved by the USDA Natural Resources Conservation Service or the State Conservation Commission be included among the property characteristics used in rate-setting. The act would take effect 60 days after enactment.
Impact
HB235 would alter Title 53, section 5607(d)(34), by directing municipal authorities with stormwater programs to use property characteristics as part of their rate structure rather than merely allowing them to do so. It would also expressly recognize agricultural best management practices approved by federal or state conservation authorities in stormwater fee calculations. The practical effect is to constrain local authority discretion in stormwater billing and potentially affect municipalities, municipal authorities, property owners, and agricultural operations subject to stormwater charges.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of legislative debate or formal support/opposition in the available record. Based on the bill text, the measure appears to be framed as a technical but substantive adjustment to stormwater fee authority, likely intended to standardize treatment of properties that implement conservation practices. The absence of recorded discussion makes the overall sentiment indeterminate from the supplied materials.
Contention
The main point of potential contention is the shift from discretionary to mandatory rate-setting language, which may be viewed by municipal authorities as limiting flexibility in designing stormwater fees. Another likely issue is the explicit inclusion of agricultural best management practices, which could be supported by farm interests seeking credit for conservation measures but questioned by others concerned about revenue impacts or administrative complexity. Because no transcripts are available, the specific positions of legislators, municipalities, or agricultural stakeholders are not documented in the provided materials.
In the State System of Higher Education, further providing for definitions and for powers and duties of councils of trustees. Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in employees, further providing for automatic certification.
In general provisions relating to government and administration, providing for transparency of political subdivision authorities; and, in municipal authorities, providing for transparency of municipal authority.
In professional and occupational licenses, further providing for definitions and providing for policy for the award of academic credit for military training; and making editorial changes.