act-2003-0-57•Pennsylvania Act 2003-57 — GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - POWERS AND DUTIES OF AUTHORITIES
Pennsylvania Act 2003-57 — GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - POWERS AND DUTIES OF AUTHORITIES
act-2003-0-572003 Pa. Act 57Law
Act text
GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - POWERS AND DUTIES OF
AUTHORITIES
Act of Dec. 30, 2003, P.L. 404, No. 57 Cl. 53
Session of 2003
No. 2003-57
HB 51
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, further providing for powers and
duties of authorities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5607(d)(17), (24), (30), (32) and (33) of
Title 53 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 5607. Purposes and powers.
* * *
(d) Powers.--Every authority may exercise all powers
necessary or convenient for the carrying out of the purposes set
forth in this section, including, but without limiting the
generality of the foregoing, the following rights and powers:
* * *
(17) To do all acts and things necessary or convenient
for the promotion of its business and the general welfare of
the authority to carry out the powers granted to it by this
chapter or other law[.], including, but not limited to, the
adoption of reasonable rules and regulations that apply to
water and sewer lines located on a property owned or leased
by a customer and to refer for prosecution as a summary
offense any violation dealing with rules and regulations
relating to water and sewer lines located on a property owned
or leased by a customer. Under this paragraph, an authority
established by a county of the second class A which is not a
home rule county shall have powers for the inspection and
repair of sewer facilities comparable to the powers of health
officials under section 3007 of the act of May 1, 1933
(P.L.103, No.69), known as The Second Class Township Code.
* * *
(24) To charge enumerated fees to property owners who
desire to or are required to connect to the authority's sewer
or water system. Fees shall be based upon the duly adopted
fee schedule which is in effect at the time of payment and
shall be payable at the time of application for connection or
at a time to which the property owner and the authority
agree. In the case of projects to serve existing development,
fees shall be payable at a time to be determined by the
authority. An authority may require that no capacity be
guaranteed for a property owner until the tapping fees have
been paid or secured by other financial security. The fees
shall be in addition to any charges assessed against the
property in the construction of a sewer or water main by the
authority under paragraphs (21) and (22) as well as any other
user charges imposed by the authority under paragraph (9)
[but], except that no reservation of capacity fee or other
similar charge shall be imposed or collected from a property
owner who has applied for service unless the charge is based
on debt and fixed operating expenses. A reservation of
capacity fee or other similar charge may not exceed 60% of
the average sanitary sewer bill for a residential customer in
the same sewer service area for the same billing period. Any
authority opting to collect a reservation of capacity fee or
other similar charge may not collect the tapping fee until
the time as the building permit fee is due. Tapping fees
shall not include costs included in the calculation of [such]
any other fees[.], assessments, rates or other charges
imposed under this act.
(i) The fees may include any of the following [fee
components] if they are separately set forth in a
resolution adopted by the authority [to establish these
fees]:
(A) Connection fee. [It may] A connection fee
shall not exceed an amount based upon the actual cost
of the connection of the property extending from the
authority's main to the property line or curb stop of
the property connected. The authority may also base
the connection fee upon an average cost for
previously installed connections of similar type and
size. Such average cost may be trended to current
cost using published cost indexes. In lieu of payment
of the [fees] fee, an authority may require the
construction [and dedication] of those facilities by
the property owner who requested the connection.
(B) Customer facilities fee. [It may] A customer
facilities fee shall not exceed an amount based upon
the actual cost of facilities serving the connected
property from the property line or curb stop to the
proposed dwelling or building to be served. The fee
shall be chargeable only if the authority installs
the customer facilities. In lieu of payment of the
customer facilities fee, an authority may require the
construction of those facilities by the property
owner who requests customer facilities. In the case
of water service, the fee may include the cost of a
water meter and installation if the authority
provides or installs the water meter. If the property
connected or to be connected with the sewer system of
the authority is not equipped with a water meter, the
authority may install a meter at its own cost and
expense. If the property is supplied with water from
the facilities of a public water supply agency, the
authority shall not install a meter without the
consent and approval of the public water supply
agency.
(C) Tapping fee. [It may] A tapping fee shall
not exceed an amount based upon some or all of the
following [fee components if they are] parts which
shall be separately set forth in the resolution
adopted by the authority to establish these fees. In
lieu of payment of this fee, an authority may require
the construction and dedication of only such
capacity, distribution-collection or special purpose
facilities necessary to supply service to the
property owner or owners.
(I) Capacity part. The [fee may] capacity
part shall not exceed an amount that is based
upon the cost of capacity-related facilities,
including, but not limited to, source of supply,
treatment, pumping, transmission, trunk,
interceptor and outfall mains, storage, sludge
treatment or disposal, interconnection or other
general system facilities. [Facilities] Except as
specifically provided in this paragraph, such
facilities may include only those that provide
existing service [or will provide future
service]. The cost of [existing] capacity-related
facilities, excluding facilities contributed to
the authority by any person, government or
agency, or portions of facilities paid for with
contributions or grants other than tapping fees,
shall be based upon their [replacement cost or
upon] historical cost trended to current cost
using published cost indexes or upon the
historical cost plus interest and other financing
fees paid on [bonds] debt financing such
facilities. [In the case of existing facilities,
outstanding] To the extent that historical cost
is not ascertainable, tapping fees may be based
upon an engineer's reasonable written estimate of
current replacement cost. Such written estimate
shall be based upon and include an itemized
listing of those components of the actual
facilities for which historical cost is not
ascertainable. Outstanding debt related to the
facilities shall be subtracted from the cost[,
but debt may not be subtracted which is
attributable] except when calculating the initial
tapping fee imposed for connection to facilities
exclusively serving new customers. [Under all
cost approaches, the cost of capacity-related
facilities shall be reduced by the amount of
grants or capital contributions which have
financed them. The capacity part of the tapping
fee per unit of capacity required by the new
customer may not exceed the cost of the
facilities divided by the design capacity.] The
outstanding debt shall be subtracted for all
subsequent revisions of the initial tapping fee
where the historical cost has been updated to
reflect current cost except as specifically
provided in this section. For tapping fees or
components related to facilities initially
serving exclusively new customers, an authority
may, no more frequently than annually and without
updating the historical cost of or subtracting
the outstanding debt related to such facilities,
increase such tapping fee by an amount calculated
by multiplying the tapping fee by the weighted
average interest rate on the debt related to such
facilities applicable for the period since the
fee was initially established or the last
increase of the tapping fee for such facilities.
The capacity part of the tapping fee per unit of
design capacity of said facilities required by
the new customer shall not exceed the total cost
of the facilities as described herein divided by
the system design capacity of all such
facilities. Where the cost of facilities to be
constructed or acquired in the future are
included in the calculation of the capacity part
as permitted herein, the total cost of the
facilities shall be divided by the system design
capacity plus the additional capacity to be
provided by the facilities to be constructed or
acquired in the future. An authority may allocate
its capacity-related facilities to different
sections or districts of its system and may
impose additional capacity-related tapping fees
on specific groups of existing customers such as
commercial and industrial customers in
conjunction with additional capacity requirements
of those customers. [In the case of] The cost of
facilities to be constructed or acquired[, the]
in the future that will increase the system
design capacity may be included in the
calculation of the capacity part, subject to the
provisions of clause (VI). The cost of such
facilities shall not exceed their reasonable
estimated cost set forth in a duly adopted annual
budget or a five-year capital improvement plan[,
and the authority in furtherance of the
facilities must take any action as follows:]. The
authority shall have taken at least two of the
following actions toward construction of the
facilities:
(a) [obtain] obtained financing for the
facilities;
(b) [enter] entered into a contract
obligating the authority to construct or pay
for the cost of construction of the
facilities or its portion thereof in the
event that multiple parties are constructing
the facilities;
(c) [obtain] obtained a permit for the
facilities;
(d) [spend substantial sums or resources
in furtherance of the facilities;] obtained
title to or condemned additional real estate
upon which the facilities will be
constructed;
(e) [enter] entered into a contract
obligating the authority to purchase or
acquire facilities owned by another;
(f) [prepare] prepared an engineering
feasibility study specifically related to the
facilities, which study recommends the
construction of the facilities within a five-
year period; [or]
(g) [enter] entered into a contract for
the design or construction of the
facilities[.] or adopted a budget which
includes the use of in-house resources for
the design or construction of the facilities.
(II) Distribution or collection part. The
[fee] distribution or collection part may not
exceed an amount based upon the cost of
distribution or collection facilities required to
provide service, such as mains, hydrants and
pumping stations. Facilities may only include
those that provide existing service [or those
that will provide future service]. The cost of
[existing] distribution or collections
facilities, excluding facilities contributed to
the authority by any person, government or
agency, or portions of facilities paid for with
contributions or grants other than tapping fees,
shall be based upon [their replacement cost or
upon] historical cost trended to current cost
using published cost indexes or upon the
historical cost plus interest and other financing
fees paid on [bonds] debt financing such
facilities. To the extent that historical cost is
not ascertainable, tapping fees may be based upon
an engineer's reasonable written estimate of
replacement cost. Such written estimate shall be
based upon and include an itemized listing of
those components of the actual facilities for
which historical cost is not ascertainable. [In
the case of existing facilities, outstanding]
Outstanding debt related to the facilities shall
be subtracted from the cost[, but debt may not be
subtracted which is attributable] except when
calculating the initial tapping fee imposed for
connection to facilities exclusively serving new
customers. [In the case of facilities to be
constructed or acquired, the cost shall not
exceed their reasonable estimated cost. Under all
cost approaches, the cost of distribution or
collection facilities shall be reduced by the
amount of grants or capital contributions which
have financed them.] The outstanding debt shall
be subtracted for all subsequent revisions of the
initial tapping fee where the historical cost has
been updated to reflect current cost except as
specifically provided in this section. For
tapping fees or components related to facilities
initially serving exclusively new customers, an
authority may, no more frequently than annually
and without updating the historical cost of or
subtracting the outstanding debt related to such
facilities, increase such tapping fee by an
amount calculated by multiplying the tapping fee
by the weighted average interest rate on the debt
related to such facilities applicable for the
period since the fee was initially established or
the last increase of the tapping fee for such
facilities. The distribution or collection part
of the tapping fee per unit of design capacity of
said facilities required by the new customer
[may] shall not exceed the cost of the facilities
divided by the design capacity. An authority may
allocate its distribution-related or collection-
related facilities to different sections or
districts of its system and may impose additional
distribution-related or collection-related
tapping fees on specific groups of existing
customers such as commercial and industrial
customers in conjunction with additional capacity
requirements of those customers.
(III) Special purpose part. [Fees] A part
for special purpose facilities shall be
applicable only to a particular group of
customers or for serving a particular purpose or
a specific area based upon the cost of the
facilities, including, but not limited to,
booster pump stations, fire service facilities,
water or sewer mains, pumping stations and
industrial wastewater treatment facilities.
[Facilities] Such facilities may include only
those that provide existing service [or those
that will provide future service]. The cost of
[existing] special purpose facilities, excluding
facilities contributed to the authority by any
person, government or agency, or portions of
facilities paid for with contributions or grants
other than tapping fees, shall be based upon
[their replacement cost or upon] historical cost
trended to current cost using published cost
indexes or upon the historical cost plus interest
and other financing fees paid on [bonds] debt
financing such facilities. [In the case of
existing facilities, outstanding] To the extent
that historical cost is not ascertainable,
tapping fees may be based upon an engineer's
reasonable written estimate of current
replacement cost. Such written estimate shall be
based upon and include an itemized listing of
those components of the actual facilities for
which historical cost is not ascertainable.
Outstanding debt related to the facilities shall
be subtracted from the cost[, but debt may not be
subtracted which is attributable] except when
calculating the initial tapping fee imposed for
connection to facilities exclusively serving new
customers. [In the case of facilities to be
constructed or acquired, the cost shall not
exceed their reasonable estimated cost. Under all
cost approaches, the cost of special purpose
facilities shall be reduced by the amount of
grants or capital contributions which have
financed such facilities.] The outstanding debt
shall be subtracted for all subsequent revisions
of the initial tapping fee where the historical
cost has been updated to reflect current cost
except as specifically provided in this section.
For tapping fees or components related to
facilities initially serving exclusively new
customers, an authority may, no more frequently
than annually and without updating the historical
cost of or subtracting the outstanding debt
related to such facilities, increase such tapping
fee by an amount calculated by multiplying the
tapping fee by the weighted average interest rate
on the debt related to such facilities applicable
for the period since the fee was initially
established or the last increase of the tapping
fee for such facilities. The special purpose part
of the tapping fee per unit of design capacity of
such special purpose facilities required by the
new customer [may] shall not exceed the cost of
the facilities as described herein divided by the
design capacity of the facilities. Where an
authority constructs special purpose facilities
at its own expense, the design capacity for the
facilities may be expressed in terms of the
number of equivalent dwelling units to be served
by the facilities. In no event shall an authority
continue to collect any tapping fee which
includes a special purpose part after special
purpose part fees have been imposed on the total
number of design capacity units used in the
original calculation of the special purpose part.
An authority may allocate its special purpose
facilities to different sections or districts of
its system and may impose additional special
purpose tapping fees on specific groups of
existing customers such as commercial and
industrial customers in conjunction with
additional capacity requirements of those
customers.
(IV) Reimbursement [component. An amount
necessary to recapture the allocable portion of
facilities in order to reimburse the property
owner or owners] part. The reimbursement part
shall only be applicable to the users of certain
specific facilities when a fee required to be
collected from such users will be reimbursed to
the person at whose expense the facilities were
constructed as set forth in [paragraphs (31) and
(32).] a written agreement between the authority
and such person at whose expense such facilities
were constructed.
(V) Calculation of tapping fee [components].
(a) In arriving at the cost to be
included in the tapping fee [components], the
same cost [may] shall not be included in more
than one part of the tapping fee.
(b) No tapping fee may be based upon or
include the cost of expanding, replacing,
updating or upgrading facilities serving only
existing customers in order to meet stricter
efficiency, environmental, regulatory or
safety standards or to provide better service
to or meet the needs of existing customers.
(c) The cost used in calculating tapping
fees shall not include maintenance and
operation expenses.
(d) As used in this subclause,
"maintenance and operation expenses" are
those expenditures made during the useful
life of a sewer or water system for labor,
materials, utilities, equipment accessories,
appurtenances and other items which are
necessary to manage and maintain the system
capacity and performance and to provide the
service for which the system was constructed.
Costs or expenses to reduce or eliminate
groundwater infiltration or inflow may not be
included in the cost of facilities used to
calculate tapping fees unless these costs or
expenses result in an increase in system
design capacity.
(e) Except as otherwise provided for the
calculation of a special purpose part, the
design capacity required by a new residential
customer used in calculating sewer or water
tapping fees shall not exceed an amount
established by multiplying 65 gallons per
capita per day for water capacity, 90 gallons
per capita per day for sewer capacity times
the average number of persons per household
as established by the most recent census data
provided by the United States Census Bureau.
If an authority service area is entirely
within a municipal boundary for which there
is corresponding census data specifying the
average number of persons per household,
issued by the United States Census Bureau,
the average shall be used. If an authority
service area is not entirely within a
municipal boundary but is entirely within a
county or other geographic area within
Pennsylvania for which the United States
Census Bureau has provided the average number
of persons per household, then that average
for the county or geographic area shall be
used. If an authority service area is not
entirely within a municipal, county or other
geographic area within Pennsylvania for which
the United States Census Bureau has
calculated an average number of persons per
household, then the Pennsylvania average
number of persons per household shall be used
as published by the United States Census
Bureau. Alternatively, the design capacity
required for a new residential customer shall
be determined by a study but shall not
exceed:
(i) for water capacity, the average
residential water consumption per
residential customer, or, for sewage
capacity, the average residential water
consumption per residential customer plus
ten percent. The average residential
water consumption shall be determined by
dividing the total water consumption for
all metered residential customers in the
authority's service area over at least a
12-consecutive-month period within the
most recent five years by the average
number of customers during the period; or
(ii) for sewer capacity, the average
sewage flow per residential customer
determined by a measured sewage flow
study. Such study shall be completed in
accordance with sound engineering
practices within the most recent five
years for the lesser of three or all
residential subdivisions of more than ten
lots which have collection systems in
good repair and which connected to the
authority's facilities within the most
recent five years. The study shall
calculate the average sewage flow per
residential customer in such developments
by measuring actual sewage flows over at
least 12 consecutive months at the points
where such developments connected to the
authority's sewer main.
(iii) All data and other information
considered or obtained by an authority in
connection with determining capacity
under this subsection shall be made
available to the public upon request.
(iv) If any person required to pay a
tapping fee submits to the authority an
opinion from a professional engineer that
challenges the validity of the results of
the calculation of design capacity
required to serve new residential
customers prepared under subparagraph (i)
or (ii), the authority shall within 30
days obtain a written certification from
another professional engineer, who is not
an employee of the authority, verifying
that the results and the calculations,
methodology and measurement were
performed in accordance with this title
and generally accepted engineering
practices. If an authority does not
obtain a certification required under
this subsection within 30 days of
receiving such challenge, the authority
may not impose or collect tapping fees
based on any such challenged calculations
or study until such engineering
certification is obtained.
(f) An authority may use lower design
capacity requirements and impose lower
tapping fees for multifamily residential
dwellings than imposed on other types of
residential customers.
(VI) Separate accounting for future facility
costs. Any portion of tapping fees collected
which, based on facilities to be constructed or
acquired in the future in accordance with this
section, shall be separately accounted for and
shall be expended only for that particular
facility or a substitute facility accomplishing
the same purpose which is commenced within the
same period. Such accounting shall include, but
not be limited to, the total fees collected as a
result of including facilities to be constructed
in the future, the source of the fees collected
and the amount of fees expended on specific
facilities. The proportionate share of tapping
fees based upon facilities to be constructed or
acquired in the future under this section shall
be refunded to the payor of such fees within 90
days of the occurrence of the following:
(a) the authority abandons its plan or a
part thereof to construct or acquire a
facility or facilities which are the basis
for such fee; or
(b) the facilities have not been placed
into service within seven years, or, for an
authority which provides service to five or
more municipalities, the facilities have not
been placed into service within 15 years,
after adoption of a resolution which imposes
tapping fees which are based upon facilities
to be constructed or acquired in the future.
Any refund of fees held for 15 years shall
include interest for the period the money was
held.
(VII) Definitions. As used in this clause,
the following words and phrases shall have the
meanings given to them in this subclause:
"BOD5." The five-day biochemical-oxygen
demand.
"Design capacity." For residential
customers, the permitted or rated capacity of
facilities expressed in million gallons per day.
For nonresidential customers, design capacity may
also be expressed in pounds of BOD5 per day,
pounds of suspended solids per day or any other
capacity-defining parameter that is separately
and specifically set forth in the permit
governing the operation of the system and based
upon its original design as modified by those
regulatory agencies having jurisdiction over
these facilities. Additionally, for separate fire
service customers, the permitted or rated
capacity of fire service facilities may be
expressed in peak flows. The units of measurement
used to express design capacity shall be the same
units of measurement used to express the system
design capacity. Except as otherwise provided for
special purpose facilities, design capacity may
not be expressed in terms of equivalent dwelling
units.
"Outstanding debt." The principal amount
outstanding of any bonds, notes, loans or other
form of indebtedness used to finance or refinance
facilities included in the tapping fee.
"Service line." A water or sewer line that
directly connects a single building or structure
to a distribution or collection facility.
"System design capacity." The design
capacity of the system for which the tapping fee
is being calculated which represents the total
design capacity of the treatment facility or
water sources.
(ii) Every authority charging a tapping, customer
facilities or connection fee shall do so only pursuant to
a resolution adopted at a public meeting of the
authority. The authority shall have available for public
inspection a detailed itemization of all calculations,
clearly showing the maximum fees allowable for each part
of the tapping fee and the manner in which the fees were
determined[.], which shall be made a part of any
resolution imposing such fees. A [revised] tapping,
customer facilities or connection fee may be revised and
imposed upon those who subsequently connect to the
system[.], subject to the provisions and limitations of
the act.
(iii) No authority [may] shall have the power to
impose a connection fee, customer facilities fee, tapping
fee or similar fee except as provided specifically under
this section.
(iv) A municipality or municipal authority with
available excess sewage capacity, wishing to sell a
portion of that capacity to another municipality or
municipal authority, may not charge a higher cost for the
capacity portion of the tapping fee as the selling entity
charges to its customers for the capacity portion of the
tapping fee. In turn, the municipality or municipal
authority buying this excess capacity may not charge a
higher cost for the capacity portion of the tapping fee
to its residential customers than that charged to them by
the selling entity.
(v) As used in this paragraph, the term "residential
customer" shall also include those developing property
for residential dwellings that require multiple tapping
fee permits. This paragraph shall not be applicable to
intermunicipal or interauthority agreements relative to
the purchase of excess capacity by an authority or
municipality in effect prior to February 20, 2001.
* * *
(30) Where a sewer or water system of an authority is to
be extended at the expense of the owner of properties or
where the authority otherwise would construct customer
facilities referred to in paragraph (24), other than water
meter installation, [to allow] a property owner shall have
the right to construct the extension or install the customer
facilities himself or through a subcontractor approved by the
authority, which approval shall not be unreasonably withheld.
The authority [may] shall have the right, at its option, to
perform the construction itself only if the authority
provides the extension or customer facilities at a lower cost
and within the same timetable specified or proposed by the
property owner or his approved subcontractor. Construction by
the property owner shall be in accordance with an agreement
for the extension of the authority's system and plans and
specifications approved by the authority and shall be
undertaken only pursuant to the existing regulations,
requirements, rules and standards of the authority applicable
to such construction. Construction shall be subject to
inspection by an inspector authorized to approve similar
construction and employed by the authority during
construction. When a main is to be extended at the expense of
the owner of properties, the property owner may be required
to deposit with the authority, in advance of construction,
the authority's estimated reasonable and necessary cost of
reviewing plans, construction inspections, administrative,
legal and engineering services. The authority may require
that construction shall not commence until the property owner
has posted appropriate financial security in accordance with
paragraph (23). The authority may require the property owner
to reimburse it for reasonable and necessary expenses it
incurred as a result of the extension. If an independent firm
is employed for engineering review of the plans and the
inspection of improvements, reimbursement for its services
shall be reasonable and in accordance with the ordinary and
customary fees charged by the independent firm for work
performed for similar services in the community. The fees
[may] shall not exceed the rate or cost charged by the
independent firm to the authority when fees are not
reimbursed or otherwise imposed on applicants. Upon
completion of construction, the property owner shall dedicate
and the authority shall accept the extension of the
authority's system if dedication of facilities and the
installation complies with the plans, specifications,
regulations of the authority and the agreement. An authority
may provide in its regulations those facilities which, having
been constructed at the expense of the owner of properties,
the authority will require to be dedicated and which facility
or facilities the authority will accept as a part of its
system.
(i) In the event the property owner disputes the
amount of any billing in connection with the review of
plans, construction inspections, administrative, legal
and engineering services, the property owner shall,
within 20 working days of the date of billing, notify the
authority that the billing is disputed as excessive,
unreasonable or unnecessary, in which case the authority
shall not delay or disapprove any application or any
approval or permit related to the extension or facilities
due to the property owner's dispute over the disputed
billings unless the property owner has failed to make
payment in accordance with the decision rendered under
clause (iii) within 30 days after the mailing date of
such decision.
(ii) If, within 30 days from the date of billing,
the authority and the property owner cannot agree on the
amount of billings which are reasonable and necessary,
the property owner and authority shall, by mutual
agreement, appoint a professional of the same profession
or discipline licensed in Pennsylvania to review the
billings and make a determination as to the amount of
billings which is reasonable and necessary.
(iii) The professional appointed under clause (ii)
shall hear evidence and review the documentation as the
professional in his or her sole opinion deems necessary
and shall render a decision within 60 days of the billing
date. The property owner shall be required to pay the
entire amount determined in the decision immediately.
(iv) In the event that the authority and property
owner cannot agree upon the professional to be appointed
within 30 days of the billing date, the president judge
of the court of common pleas of the judicial district in
which the municipality is located or, if at the time
there is no president judge, the senior active judge then
sitting upon application of either party shall appoint a
professional, who shall be neither the authority engineer
nor any professional who has been retained by or
performed services for the authority or the property
owner within the preceding five years.
(v) The fee of the appointed professional for
determining the reasonable and necessary expenses shall
be paid by the applicant if the amount of payment
required in the decision is equal to or greater than the
original bill. If the amount of payment required in the
decision is less than the original bill by $2,500 or
more, the authority shall pay the fee of the
professional. If the amount of the payment required in
the decision is less than the original bill by $2,499 or
less, the authority and the property owner shall each pay
one-half of the fee of the appointed professional.
* * *
[(32) If a sewer system or water system or any part or
extension owned by an authority has been constructed at the
expense of a private person or corporation, the authority may
charge a tapping fee. The authority shall refund the tapping
fee or any part of the fee to the person or corporation who
paid for the construction of the sewer or water system or any
part or extension of it.]
(33) Provisions of paragraphs (30)[,] and (31) [and
(32)] shall apply to residential customers in a municipality
where the sewer service is being purchased by the
municipality or sewer authority from another municipality or
sewer authority having excess sewage capacity.
* * *
Section 2. Notwithstanding section 5(1) of this act, this
act shall apply immediately to any connection, customer
facilities, tapping or similar fees which are increased or
initially imposed subsequent to the effective date of this
section.
Section 3. Notwithstanding section 5(1) of this act, the
mandatory refund provisions of 53 Pa.C.S. §
5607(d)(24)(i)(C)(VI) applicable to tapping fees based upon
facilities to be constructed or acquired in the future shall
apply to tapping fees collected subsequent to the effective date
of this section regardless of when the resolution adopting such
tapping fees was adopted.
Section 4. The following shall apply:
(1) The provisions of 53 Pa.C.S. § 5607(d)(24)(i)(C)(I)
and (V)(e) shall not apply for a period of 15 years after the
effective date of this section to sewer tapping fees imposed
by a joint authority having six or more municipal members
which is prohibited from implementing any increase in sewer
user fees pursuant to the terms of a contract executed prior
to January 1, 2003.
(2) The provisions of 53 Pa.C.S. §
5607(d)(24)(i)(C)(V)(e) shall not apply for a period of five
years after the date of closing of original financing when an
authority, in order to support the construction of new
facilities, used original financing which closed on or before
July 1, 2003, which has a term of at least 15 years and in
which tapping fees were relied upon to support the debt
service on the financing.
Section 5. This act shall take effect as follows:
(1) The amendment of 53 Pa.C.S. § 5607(d)(24), (30),
(32) and (33) shall take effect in 18 months.
(2) The remainder of this act shall take effect
immediately.
APPROVED--The 30th day of December, A. D. 2003.
EDWARD G. RENDELL
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