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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GIBBONS, BRENNAN, GERGELY, GOODMAN, HORNAMAN, KORTZ, MAHONEY, McILVAINE SMITH, MELIO, MILLARD, SANTARSIERO, SEIP, K. SMITH AND YOUNGBLOOD, MAY 29, 2009 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 29, 2009 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, further providing for purposes and |
3 | powers of municipal authorities. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 5607(d)(24)(iii) of Title 53 of the |
7 | Pennsylvania Consolidated Statutes is amended to read: |
8 | § 5607. Purposes and powers. |
9 | * * * |
10 | (d) Powers.--Every authority may exercise all powers |
11 | necessary or convenient for the carrying out of the purposes set |
12 | forth in this section, including, but without limiting the |
13 | generality of the foregoing, the following rights and powers: |
14 | * * * |
15 | (24) To charge enumerated fees to property owners who |
16 | desire to or are required to connect to the authority's sewer |
17 | or water system. Fees shall be based upon the duly adopted |
18 | fee schedule which is in effect at the time of payment and |
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1 | shall be payable at the time of application for connection or |
2 | at a time to which the property owner and the authority |
3 | agree. In the case of projects to serve existing development, |
4 | fees shall be payable at a time to be determined by the |
5 | authority. An authority may require that no capacity be |
6 | guaranteed for a property owner until the tapping fees have |
7 | been paid or secured by other financial security. The fees |
8 | shall be in addition to any charges assessed against the |
9 | property in the construction of a sewer or water main by the |
10 | authority under paragraphs (21) and (22) as well as any other |
11 | user charges imposed by the authority under paragraph (9), |
12 | except that no reservation of capacity fee or other similar |
13 | charge shall be imposed or collected from a property owner |
14 | who has applied for service unless the charge is based on |
15 | debt and fixed operating expenses. A reservation of capacity |
16 | fee or other similar charge may not exceed 60% of the average |
17 | sanitary sewer bill for a residential customer in the same |
18 | sewer service area for the same billing period. Any authority |
19 | opting to collect a reservation of capacity fee or other |
20 | similar charge may not collect the tapping fee until the time |
21 | as the building permit fee is due. Tapping fees shall not |
22 | include costs included in the calculation of any other fees, |
23 | assessments, rates or other charges imposed under this act. |
24 | * * * |
25 | (iii) No authority shall have the power to impose a |
26 | connection fee, customer facilities fee, tapping fee or |
27 | similar fee except as provided specifically under this |
28 | section. No fees shall be charged to a property owner |
29 | until the property has been physically connected to the |
30 | sanitary sewer system and the connection is operational. |
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1 | * * * |
2 | Section 2. This act shall take effect in 60 days. |
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