PRIOR PRINTER'S NOS. 2397, 2755
PRINTER'S NO. 2942
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1903
Session of
2023
INTRODUCED BY CERRATO, WEBSTER, MADDEN, HILL-EVANS, GIRAL,
HOHENSTEIN, BOYD, KHAN, DONAHUE, SANCHEZ, DALEY, GREEN AND
CEPEDA-FREYTIZ, DECEMBER 11, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 15, 2024
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for water and sewer
projects.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 62
WATER AND SEWER PROJECTS
Sec.
6201. Definitions.
6202. Private sewer lateral and private water lateral projects.
§ 6201. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"AMERICAN-MADE." PRODUCED, MANUFACTURED, MINED, GROWN OR
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PERFORMED IN THE UNITED STATES. FOR THE PURPOSE OF THIS
DEFINITION, PRODUCED OR MANUFACTURED SHALL MEAN ASSEMBLED IN A
LOCATION WITHIN THE UNITED STATES.
"Municipality." A city, borough, incorporated town or
township in this Commonwealth.
"Private sewer lateral." A line on a property upon which a
building or structure is located that connects to a public sewer
system.
"Private water lateral." A line on a property upon which a
building or structure is located that connects to a public water
supply system.
§ 6202. Private sewer lateral and private water lateral
projects.
(a) Replacement or remediation.--A municipality may perform
the replacement or remediation of a private sewer lateral or
private water lateral for residents of the municipality if the
municipality determines that the replacement or remediation will
benefit the public health, public water supply system or public
sewer system. A municipality that has performed a replacement or
remediation authorized under this subsection may not be deemed
to be the owner of a private sewer lateral or private water
lateral and may not be required to perform any other duties
unless determined necessary by the municipality.
(b) Public money and municipal employees.-- A municipality
may use public money or municipal employees for the replacement
or remediation of a private sewer lateral or private water
lateral if the municipality determines that the replacement or
remediation will benefit the public health, public water supply
system or public sewer system. Before using public money or
municipal employees as authorized under this subsection, the
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municipality shall consider the availability of public money,
equipment, municipal employees and facilities and the competing
demands of the municipality for the public funds, equipment,
municipal employees and facilities.
(C) PRIORITIZATION.--
(1) A MUNICIPALITY SHALL UTILIZE AMERICAN-MADE SUPPLIES
IN THE REPLACEMENT OR REMEDIATION AUTHORIZED UNDER SUBSECTION
(A).
(2) IF THE GOVERNING BODY OF THE MUNICIPALITY DETERMINES
THAT A PARTICULAR SUPPLY IS NOT AMERICAN-MADE, OR IS
AMERICAN-MADE BUT NOT AVAILABLE IN SUFFICIENT QUANTITIES TO
MEET THE NEEDS OF THE MUNICIPALITY, THE GOVERNING BODY OF THE
MUNICIPALITY SHALL PUBLISH A NOTICE OF THE DETERMINATION IN
NO LESS THAN TWO NEWSPAPERS OF GENERAL CIRCULATION WITHIN THE
MUNICIPALITY AND ON EACH OF THE MUNICIPALITY'S SOCIAL MEDIA
AND PUBLICLY ACCESSIBLE INTERNET WEBSITES.
(3) BEGINNING ON THE DATE OF PUBLICATION OF THE NOTICE
UNDER PARAGRAPH (2) AND UNTIL 30 DAYS THEREAFTER, A PERSON OR
BUSINESS MAY FILE AN OBJECTION TO THE DETERMINATION IN A FORM
AND MANNER DETERMINED BY THE GOVERNING BODY OF THE
MUNICIPALITY. A PERSON OR BUSINESS SHALL INCLUDE EVIDENCE OF
THE PARTICULAR SUPPLY BEING AMERICAN-MADE OR EVIDENCE OF THE
PARTICULAR SUPPLY BEING AMERICAN-MADE AND AVAILABLE IN
SUFFICIENT QUANTITIES. AN OBJECTION UNDER THIS PARAGRAPH
SHALL BE CONSIDERED AN APPEAL UNDER 2 PA.C.S. CH. 7 SUBCH. B
(RELATING TO JUDICIAL REVIEW OF LOCAL AGENCY ACTION).
(4) IF, AFTER THE ADJUDICATION OF THE OBJECTION UNDER
PARAGRAPH (3), THE DETERMINATION UNDER PARAGRAPH (2) IS
AFFIRMED, THE REQUIREMENTS UNDER SUBSECTION (A) SHALL NOT
APPLY FOR THE PARTICULAR SUPPLY.
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Section 2. This act shall take effect in 60 days.
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