An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, further providing for definitions; and, in subdivision and land development, providing for local option for high impact warehouses and distribution centers.

PRINTER'S NO. 750
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 750
Session of
2025
INTRODUCED BY EMRICK, KAUFFMAN AND BRENNAN, FEBRUARY 25, 2025
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 25, 2025
AN ACT
Amending the act of July 31, 1968 (P.L.805, No.247), entitled
"An act to empower cities of the second class A, and third
class, boroughs, incorporated towns, townships of the first
and second classes including those within a county of the
second class and counties of the second through eighth
classes, individually or jointly, to plan their development
and to govern the same by zoning, subdivision and land
development ordinances, planned residential development and
other ordinances, by official maps, by the reservation of
certain land for future public purpose and by the acquisition
of such land; to promote the conservation of energy through
the use of planning practices and to promote the effective
utilization of renewable energy sources; providing for the
establishment of planning commissions, planning departments,
planning committees and zoning hearing boards, authorizing
them to charge fees, make inspections and hold public
hearings; providing for mediation; providing for transferable
development rights; providing for appropriations, appeals to
courts and penalties for violations; and repealing acts and
parts of acts," in general provisions, further providing for
definitions; and, in subdivision and land development,
providing for local option for high impact warehouses and
distribution centers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 107(a) of the act of July 31, 1968
(P.L.805, No.247), known as the Pennsylvania Municipalities
Planning Code, is amended by adding definitions to read:
Section 107. Definitions.--(a) The following words and
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phrases when used in this act shall have the meanings given to
them in this subsection unless the context clearly indicates
otherwise:
* * *
"Distribution center," a specialized facility within the
supply chain management system that serves as a central point
for receiving, storing, managing and distributing goods to
various destinations. The term does not include a facility that
is open to the public for retail sales.
* * *
"High impact warehouse or distribution center," a proposed
development of regional significance and impact that is a
warehouse or a distribution center that uses at least three
acres and is 100,000 square feet or greater.
* * *
"Warehouse," a large, organized space or facility used for
the systematic storage, retrieval and movement of various goods,
materials, merchandise and other items. The term does not
include a facility that is open to the public for retail sales.
* * *
Section 2. The act is amended by adding a section to read:
Section 508.2. Local Option for High Impact Warehouses and
Distribution Centers.--(a) A decision of a governing body or
the planning agency under section 508 that approves an
application for a plat containing a high impact warehouse or
distribution center is not final unless the electorate of the
municipality through a local option at an election approve the
proposed high impact warehouse or distribution center in
accordance with this section.
(b) An election under this section shall be held on the date
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of the next election which occurs at least 100 days after a
decision of a governing body or planning agency under subsection
(a), to determine the will of the electors with respect to
approval of the proposed high impact warehouse or distribution
center within the limits of the municipality under the
provisions of this act.
(c) When the governing body of the municipality adopts, by a
majority vote, a resolution to place a question on the ballot
and files a copy of the resolution with the board of elections
of the county for a referendum on the question of approving a
specific high impact warehouse or distribution center, the
county board of elections shall place a question on the ballot
or on the voting machine board and submit the question to the
electors at the applicable election.
(d) On the ballot and immediately preceding the question
shall appear a sentence describing the details of the proposed
high impact warehouse or distribution center use such as the
total acreage, the proposed building size and any proposed road
and street improvements. The question shall be in the following
form:
Do you approve of (name of municipality) approving the high
impact warehouse or distribution center at (location) whose
application was submitted on (month) of (year)?
(e) If a majority of the electors voting on the question
vote "yes," the application filed under section 508 is finally
approved in the municipality, but if a majority of the electors
voting on the question vote "no," the application for the
proposed high impact warehouse or distribution center is denied.
(f) Except as otherwise provided in this section,
proceedings under this section shall be in accordance with the
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provisions of the act of June 3, 1937 (P.L.1333, No.320), known
as the "Pennsylvania Election Code."
Section 3. This act shall take effect in 60 days.
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