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PRINTER'S NO. 166
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 216
Session of
2025
INTRODUCED BY BAKER, BROOKS, CULVER, HUTCHINSON, STEFANO,
J. WARD AND VOGEL, FEBRUARY 3, 2025
REFERRED TO LOCAL GOVERNMENT, FEBRUARY 3, 2025
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
act concerning townships of the second class; and amending,
revising, consolidating and changing the law relating
thereto," in storm water management plans and facilities,
further providing for fees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2705 of the act of May 1, 1933 (P.L.103,
No.69), known as The Second Class Township Code, is amended to
read:
Section 2705. Fees.--(a) For the purposes of funding the
construction, maintenance and operation of storm water
management facilities, systems and management plans authorized
under this article, a township may assess reasonable and uniform
fees based in whole or in part on the characteristics of the
property benefited by the facilities, systems and management
plans, except as provided in subsections (b.1) and (b.2). The
fees assessed may not exceed the amount necessary to meet the
minimum requirements of the Federal Water Pollution Control Act
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(62 Stat. 1155, 33 U.S.C. § 1251 et seq.), and Federal or State
laws governing the implementation of the Federal Water Pollution
Control Act, for the construction, maintenance and operation of
storm water management facilities, systems and management plans,
as specified in 40 CFR 122.26 (relating to storm water
discharges (applicable to State NPDES programs, see § 123.25)).
In establishing the fees, the township shall consider and
provide appropriate exemptions or credits for properties which
have installed and are maintaining storm water facilities that
meet best management practices and are approved or inspected by
the township.
(b) Any fee levied by the township can be assessed in one of
the following methods:
(1) On all properties in the township.
(2) On all properties benefited by a specific storm water
project.
(3) By establishing a storm water management district and
assessing the fee on all property owners in the district.
(b.1) (1) Notwithstanding any provision of subsection (a)
or (b), a township or municipal authority responsible for
regulation of storm water management or administration of storm
water management infrastructure within the township may not
assess on any agricultural property the total area of impervious
surface of which does not exceed thirty percent of the
property's total land area a fee that is greater than twice the
median assessment fee imposed on all properties in the township.
(2) Within sixty days of the effective date of this
paragraph and no later than September 30 of each year
thereafter, the owner or operator of agricultural property that
qualifies for limitation in fee assessment under this subsection
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must file a written notice with the township or municipal
authority that affirms the property's intended use will continue
to be operated as agricultural use for the current and
subsequent calendar year. An administrative fee may not be
imposed on any notice filed under this paragraph.
(3) No later than thirty days before the date in which the
agricultural property no longer qualifies for the limitation in
fee assessment provided in this subsection, the owner or
operator of agricultural property must file a written notice
with the township or municipal authority.
(b.2) In addition to the limitation in assessment of fee
prescribed in subsection (b.1), a township or municipal
authority responsible for regulation of storm water management
or administration of storm water management infrastructure
within the township shall further reduce the fee to the amount
levied under subsections (a) and (b) on any agricultural
property for annual costs incurred by the owner or operator for
construction, maintenance, operation and financing of
conservation measures performed in furtherance or facilitation
of a Total Maximum Daily Load that has been developed pursuant
to 33 U.S.C. Ch. 26 (relating to water pollution prevention and
control). An owner or operator of agricultural property claiming
an additional reduction to the fee imposed under subsection
(b.1) must, by September 30 of each calendar year provide
sufficient written documentation of costs incurred or to be
incurred for that year. Any additional reduction in fee that the
owner or operator is otherwise entitled to receive under this
section shall be applied to the fee to be levied for the
subsequent calendar year. An administrative fee may not be
imposed for claims for additional reduction in fee filed under
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this subsection.
(b.3) For purposes of subsections (b.1) and (b.2), the term
"agricultural property" shall include all contiguous area of
real property operated by a person as part of "agricultural
use," as defined in section 2 of the act of December 19, 1974
(P.L.973, No.319), known as the "Pennsylvania Farmland and
Forest Land Assessment Act of 1974," regardless of whether the
area is comprised of more than one deeded tract.
(c) Any fee collected for the purposes of storm water
management may only be used for the purposes authorized by this
article.
(d) The assessments shall be filed with the township
treasurer.
(e) An ordinance shall specify whether payments are to be
made by annual or more frequent installments.
Section 2. This act shall supersede the authority and amount
of fee that a township or municipal authority may impose on
agricultural property after the effective date of this section.
Section 3. All provisions of law are repealed to the extent
they are inconsistent with this act.
Section 4. This act shall take effect immediately.
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