Pennsylvania House Bill HB2360

Pennsylvania 2025-2026 Regular Session

• Introduced: 4/6/26
• Refer: 4/6/26

Caption

Establishing the Chesapeake Bay Grant-Only Compliance Program; imposing duties on the Department of Environmental Protection; providing for the prohibition of certain fees relating to municipal separate storm sewer system permit compliance and Chesapeake Bay requirements, for grants to fund compliance costs, for limitation on enforcement and for preemption; and making repeals.

Summary

HB2360 would create the Chesapeake Bay Grant-Only Compliance Program within the Department of Environmental Protection (DEP). The program would provide grants to public bodies that must comply with municipal separate storm sewer system (MS4) requirements or Chesapeake Bay nutrient, sediment, or stormwater obligations. The bill states that grant funds may be used only for compliance costs and directs DEP to work with federal and state agencies to secure funding for the program. The bill also prohibits public bodies from imposing, collecting, or enforcing fees on property owners to pay for MS4 or Chesapeake Bay compliance. It bars local governments and similar public bodies from using ordinances, resolutions, policies, or other measures to authorize such fees. In addition, the bill says DEP may not enforce MS4 or Chesapeake Bay requirements against a public body unless sufficient grant funding is available to cover 100% of the compliance cost, as determined by the public body’s governing body. The bill preempts conflicting local measures and repeals certain statutory provisions to the extent they are interpreted to allow the prohibited fees.

Impact

HB2360 would significantly limit how municipalities and other public bodies in Pennsylvania can finance stormwater and Chesapeake Bay compliance. It would shift compliance funding away from local fee-based systems and toward federal, state, or other grant funding administered by the Commonwealth, while also restricting DEP enforcement when full grant funding is not available. The bill would affect municipalities, municipal authorities, townships, and other public bodies subject to MS4 permits or Chesapeake Bay-related obligations, and it would narrow the practical use of existing statutory authority that may be read to permit related fees.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available materials. Based on the bill text alone, the measure appears designed to relieve property owners and local governments from fee-based compliance burdens, which suggests likely support from fee opponents and local officials concerned about mandated stormwater costs. At the same time, the bill’s funding restrictions and enforcement limits indicate a substantial policy shift that could draw concern from environmental regulators, municipalities that rely on stormwater fees, and stakeholders focused on ensuring reliable Chesapeake Bay compliance funding.

Contention

The main point of contention is the bill’s prohibition on local fees for MS4 and Chesapeake Bay compliance. Supporters are likely to argue that property owners should not be charged directly for what they view as state- or federally driven mandates, while opponents may argue that local fee authority is necessary to fund required infrastructure and pollution-reduction work. Another likely area of dispute is the enforcement provision, which would prevent DEP from enforcing requirements unless full grant funding is available, potentially creating uncertainty about compliance obligations and shifting leverage away from regulators. The preemption and repeal language may also be controversial because it overrides local authority and existing statutory interpretations.