An Act amending the act of October 4, 1978 (P.L.864, No.167), known as the Storm Water Management Act, further providing for powers and duties of the Department of Environmental Resources; repealing provisions relating to appropriations; and making editorial changes.

PRINTER'S NO. 157
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 204
Session of
2025
INTRODUCED BY ROTHMAN, STEFANO AND DUSH, JANUARY 29, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 29, 2025
AN ACT
Amending the act of October 4, 1978 (P.L.864, No.167), entitled
"An act providing for the regulation of land and water use
for flood control and storm water management purposes,
imposing duties and conferring powers on the Department of
Environmental Resources, municipalities and counties,
providing for enforcement, and making appropriations,"
further providing for powers and duties of the Department of
Environmental Resources; repealing provisions relating to
appropriations; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of October 4, 1978 (P.L.864,
No.167), known as the Storm Water Management Act, is amended to
read:
AN ACT
Providing for the regulation of land and water use for flood
control and storm water management purposes, imposing duties
and conferring powers on the Department of Environmental
[Resources] Protection, municipalities and counties,
providing for enforcement, and making appropriations.
Section 2. The definition of "department" in section 4 of
the act is amended to read:
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Section 4. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth of Pennsylvania.
* * *
Section 3. Section 9(a) introductory paragraph of the act is
amended to read:
Section 9. Review and approval by the department.
(a) The department shall, in consultation with the
Department of Community [Affairs] and Economic Development,
review all watershed storm water plans and revisions or
amendments thereto. It shall approve the plan if it determines:
* * *
Section 4. Section 14 heading and (a) introductory
paragraph, (2) and (4) of the act are amended and the section is
amended by adding a subsection to read:
Section 14. Powers and duties of the [Department of
Environmental Resources] department.
(a) The [Department of Environmental Resources] department
shall have the power and its duty shall be to:
* * *
(2) Provide in cooperation with the Department of
Community [Affairs] and Economic Development technical
assistance to counties and municipalities in implementing
this act.
* * *
(4) Review, in cooperation with the Department of
Community [Affairs] and Economic Development, and approve all
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watershed plans and revisions thereto.
* * *
(c) The department shall o n an annual basis:
(1) Conduct active water quality testing of surface
waters within a watershed storm water plan in accordance with
40 CFR Pt. 136 (relating to guidelines establishing test
procedures for the analysis of pollutants).
(2) If the department does not have the resources to
conduct the water quality testing required under this
subsection, rely on the following to calculate the water
quality standards of surface waters within a watershed storm
water plan:
(i) Water quality testing from the county
conservation district, the Pennsylvania Fish and Boat
Commission, the Department of Conservation and Natural
Resources, the Pennsylvania Game Commission, an
institution of higher education that receives State
funding or a private laboratory accredited by the
department to perform water quality testing.
(ii) If the department has not received water
quality testing specified under subparagraph (i), a water
quality testing model.
(3) Grant a National Pollutant Discharge Elimination
System permit waiver to a small municipal separate storm
sewer system that is in compliance with the criteria
specified under 40 CFR 122.32(d) or (e) (relating to as an
operator of a small MS4, am I regulated under the NPDES storm
water program?).
Section 5. Section 17(a) introductory paragraph and (c) of
the act are amended to read:
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Section 17. Grants and reimbursements to municipalities and
counties.
(a) The [Department of Environmental Resources] department
is authorized to administer grants to municipalities and
counties to assist or reimburse them for costs in preparing
official storm water management plans and actual administrative
and enforcement and implementation costs and revisions to
official plans for storm water management required by this act.
Grants and reimbursements shall be made from and to the extent
of funds appropriated by the General Assembly for such purposes,
and shall be made in accordance to rules and regulations adopted
by the Environmental Quality Board.
* * *
(c) If, in any fiscal year, appropriations are insufficient
to cover the costs or grants and reimbursement to all
municipalities and counties eligible for such grants and
reimbursements in that fiscal year, the [Department of
Environmental Resource] department shall report such fact to the
General Assembly and shall request appropriation of funds
necessary to provide the grants authorized in this section. If
such a deficiency appropriation is not enacted, any municipality
or county which has not received the full amount of the grant
for which it is eligible under this section shall be as a first
priority reimbursed from appropriations made in the next
successive fiscal year.
Section 6. Section 18 of the act is repealed:
[Section 18. Appropriations.
The sum of $500,000, or as much thereof as may be necessary,
is hereby appropriated for the fiscal period beginning July 1,
1978, and ending June 30, 1979, to the Department of
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Environmental Resources for the purposes of administrative and
general expenses in implementing the provisions of this act.]
Section 7. This act shall take effect in 60 days.
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