Pennsylvania Act 2024-2 — BOROUGHS AND INCORPORATED TOWNS (8 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

Session of 2024

No. 2024-2

SB 753

AN ACT

Amending Title 8 (Boroughs and Incorporated Towns) of the Pennsylvania Consolidated Statutes, in associations and organizations, further providing for associations and organizations for mayors; in elections of officers, further providing for eligibility, for officers elected and for decrease in number of members of council; in powers, duties and rights of appointed officers and employees, further providing for appointments and incompatible offices and for police serving under cooperative agreement or contract; in corporate powers, further providing for specific powers; in taxation and finance, further providing for investment of funds; providing for solid waste collection and disposition; in ordinances, further providing for ordinances and resolutions and for publication; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Sections 704(a) and (b), 801(a), 806(a)(4), 818, 1104(c), 1122(a) and 1202(8) of Title 8 of the Pennsylvania Consolidated Statutes are amended to read:

§ 704. Associations and organizations for mayors.

(a) Authorization.--A mayor may join [a] any mayors' association[, and council] in Pennsylvania. Council shall pay reasonable dues [of up to] not to exceed $100 [for each mayor belonging to the mayors' association] if requested by the mayor . The mayor may attend the annual meeting of the mayors' association, which shall be held in this Commonwealth in accordance with the procedure adopted by the mayors' association.

(b) Expenses.--A mayor [may] shall , if requested, receive the following expenses for attending the annual meeting under subsection (a):

(1) The registration fee.

(2) Lodging, meals and mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting.

(3) Any actual expenses that the council may have agreed to pay.

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§ 801. Eligibility.

(a) Residency.--The following shall apply:

(1) [Except as provided under subsection (c), only] Only registered electors of the borough shall be eligible to elective borough offices.

(2) [Before] Except as provided under subsection (c) and 53 Pa.C.S. § 1142 (relating to residency during military service), before being sworn into office, each elected borough officer shall present a signed affidavit to the borough secretary that states that the officer resides in the borough, or within the ward in the case of a ward office, from which elected and has resided in the borough continuously for at least one year immediately prior to the officer's election.

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§ 806. Officers elected.

(a) Officers.--The electors of the borough may elect:

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(4) [As follows:

(i)] Except as provided [under subparagraph (ii)] in section 818 (relating to change in number of members of council) , in boroughs not divided into wards, seven members of council.

[(ii) In a borough with a population of less than 3,000 as determined by the latest official census, the total number of members of council may be reduced from seven to five or to three upon petition to the court of common pleas, as provided under section 818 (relating to decrease in number of members of council).]

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§ 818. [Decrease] Change in number of members of council.

(a) Petition by electors.--The court of common pleas shall, upon petition of at least 5% of the registered electors of any borough not divided into wards[, which, according to the latest official census, had a population of not more than 3,000], certify the question of a proposal to reduce the total number of members of council for the borough [from seven] to five or [to] three or increase the total number of members of council for the borough to five or seven , as specified by the petition, to the board of election of the county for a referendum vote of the residents at the next general election held not sooner than the thirteenth Tuesday after the date of the petition. The sufficiency of the number of signers to the petition shall be ascertained as of the date when the petition is presented to court. Upon receipt of the certified election results, the court shall enter a final decree granting or denying the request of the petitioners. A petition under this section may not be considered more than once in five years.

(c) [Number to be elected.--

(1) At the municipal election following the decrease in the number of members of council from seven to five:

(i) If four members of council would otherwise have been elected, three members shall be elected.

(ii) If three members of council would otherwise have been elected, two members shall be elected.

(2) At the second municipal election following the decrease in the number of members of council:

(i) If four members of council would otherwise have been elected, three members shall be elected.

(ii) If three members of council would otherwise have been elected, two members shall be elected.

(3) At all following municipal elections, the proper number of members of council shall be elected to correspond to the number of members of council whose terms are to expire the first Monday of the following January.

(d) Election.--

(1) At the municipal election following the decrease in the number of members of council from seven to three:

(i) If four members of council would otherwise have been elected, two members shall be elected.

(ii) If three members of council would otherwise have been elected, one member shall be elected.

(2) At the second municipal election following the decrease in the number of members of council in the borough:

(i) If four members of council would otherwise have been elected, two members shall be elected.

(ii) If three members of council would otherwise have been elected, one member shall be elected.

(3) At all the following municipal elections, the proper number of members of council shall be elected to correspond to the number of members of council whose terms are to expire the first Monday of the following January.] Number to be elected by decree.--In its decree under subsection (a), the court shall establish a schedule for the subsequent election of council members at the next two municipal elections. The members of council then in office shall remain in office until the end of their respective terms. Thereafter, the schedule may provide that the initial term of one or more of the council members subsequently elected be reduced to accommodate a schedule of staggered at-large elections to eventually ensure that, as nearly as possible, one-half of the members of council elected will be elected at each municipal election. At all following municipal elections, the proper number of members of council shall be elected to correspond to the number of members of council whose terms are to expire the first Monday of the following January.

(d) (Reserved).

(e) Terms.--In any borough in which, under this section, the number of members of council shall be reduced or increased , the members of council then in office shall remain in office until the end of their respective terms. [If a borough attains a population in excess of 3,000 according to the latest official census, the number of members of council shall automatically be increased from three or five to seven, following the reverse of the procedure set forth in subsection (c) or (d).]

§ 1104. Appointments and incompatible offices.

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(c) Multiple offices.--If there is no incompatibility in fact [and subject to subsection (a) as to compensation], appointees of council may hold two or more appointive borough offices, but no mayor or member of council may serve as borough manager, secretary or treasurer.

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§ 1122. Police serving under cooperative agreement or contract.

(a) General rule.--If a borough enters into a cooperative agreement or contract with any municipal corporation, regional police force or other governmental entity created by two or more municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) for the furnishing or receiving of police protection as authorized by section [1202(35)] 1202(24) (relating to specific powers), the police force of the municipal corporation, regional police force or other governmental entity furnishing the police protection shall be appointed and accepted as the police force of the borough receiving the police service by resolution of the council.

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§ 1202. Specific powers.

The powers of the borough shall be vested in the council. In the exercise of any specific powers involving the enactment of an ordinance or the making of any regulation, restriction or prohibition, the borough may provide for enforcement and penalties for violations. The specific powers of the borough shall include the following:

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(8) [To provide for garbage and other refuse material as follows:

(i) To prohibit, individually or jointly with other municipal corporations pursuant to an agreement, accumulations of garbage or other refuse material upon public and private property and to make regulations for the care, removal and collection of garbage or other refuse material, including:

(A) To provide for the collection and imposition of reasonable fees and charges for the collection of garbage and other refuse material.

(B) To erect, operate and maintain refuse disposal or incineration facilities or sanitary landfills, either within or without the limits of the borough, or provide other means for the collection, destruction or removal of garbage and other refuse material and provide for the payment of the cost or expense of the activity, either in whole or in part, out of the funds of the borough.

(C) To purchase real estate for the purpose of erecting, operating and maintaining refuse disposal or incineration facilities or sanitary landfills if, prior to any acquisition of property pursuant to this paragraph, the borough, individually or jointly, as the case may be, obtains the approval of the court of common pleas for the location of the facilities or landfill after a hearing and subject to notice as the court shall require. If no objections are heard at the hearing, the court shall approve the location. If any objection is made, the court shall proceed to hear the matter and determine whether the location is a detriment to neighboring properties. The finding of the court shall be conclusive but in no way shall adjudicate any question relating to damages for injury to property.

(D) To take and appropriate real estate for purposes of refuse disposals or incineration facilities or sanitary landfills in accordance with Chapter 15 (relating to eminent domain, assessment of damages and damages for injury to property) if a purchase price cannot first be agreed upon. No real estate located outside the limits of the borough or outside the limits of the joint municipal corporations in the case of a joint effort shall be taken and appropriated if the real estate currently contains or is being used for a refuse disposal or incineration facility or a sanitary landfill.

(ii) Regulations enacted under this paragraph shall be consistent with the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, and subject to any other necessary Federal or State approval.] (Reserved).

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Section 2. Section 1316(c) of Title 8 is amended by adding a paragraph to read:

§ 1316. Investment of funds.

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(c) Authorized types of investments.--Authorized types of investments for borough funds are:

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(9) An investment authorized by the act of July 25, 1973 (P.L.217, No.53), entitled "An act authorizing cities of the first class and second class to invest all funds received and deposited with the city treasurer in certain commercial paper under certain terms and conditions; and providing for investment of public corporation or municipal authority funds."

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Section 3. Title 8 is amended by adding a chapter to read:

CHAPTER 25B

SOLID WASTE COLLECTION AND DISPOSITION

Sec.

25B01. Definitions.

25B02. Accumulation of municipal waste.

25B03. Collection and removal.

25B04. Disposal.

25B05. Acquisition of real property and facilities.

25B06. Rates and charges.

25B07. Appropriations.

25B08. Exclusion from other laws.

§ 25B01. 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:

"Municipal authority." A body politic and corporate created under 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

"Municipal waste." As defined in section 103 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act.

§ 25B02. Accumulation of municipal waste.

Council, in the manner authorized by the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, may prohibit accumulations of municipal waste upon public and private property, including the imposition and collection of reasonable fees and charges for the collection, removal and disposal of municipal waste.

§ 25B03. Collection and removal.

(a) General rule.--Council may collect and remove, by contract or otherwise, municipal waste and recyclables and prescribe penalties for the enforcement of the collection and removal.

(b) Contract length.--A contract with refuse haulers may be made for an initial period not to exceed five years with optional renewal periods of up to five years.

(c) Limitation.--The limitation under subsection (b) does not apply to a contract with a political subdivision or municipal authority.

§ 25B04. Disposal.

(a) General rule.--Council may dispose of, by contract or otherwise, municipal waste.

(b) Contract length.--A contract with the owner of a private facility for the disposal or incineration of municipal waste may be made for a period not to exceed 20 years.

(c) Exemption.--The limitation under subsection (b) shall not apply to a contract with a political subdivision or municipal authority.

§ 25B05. Acquisition of real property and facilities.

The following shall apply:

(1) Council may acquire real property and erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, landfill or other methods of disposal, either inside or outside the limits of the borough, including equipment, either separately or jointly, with a political subdivision or municipal authority in order to provide for the collection, removal, disposal and destruction of municipal waste, for the collection and storage of recyclable materials or for the composting of leaf and yard waste.

(2) Council may provide for the payment of the cost, either in whole or part, out of the funds of the borough.

(3) Council may acquire land for landfill purposes, either amicably or by exercising the power of eminent domain, and may maintain lands and places for the dumping of municipal waste.

(4) If council acquires land outside the limits of the borough by exercising the power of eminent domain, the taking shall be subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings).

§ 25B06. Rates and charges.

(a) Council authorization.--Council may establish, alter, charge and collect rates and other charges for the:

(1) collection, removal and disposal of municipal waste and recyclable materials;

(2) cost of including the payment of any indebtedness incurred for the construction, purchase, improvement, repair, maintenance and operation of any facilities for collection, removal and disposal; and

(3) amount due under a contract with a political subdivision or municipal authority furnishing the services or facilities.

(b) Method of collection.--The rates and other charges shall be collected under the act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law, by a civil action or any other collection method authorized by law.

§ 25B07. Appropriations.

Council may make appropriations to a political subdivision or municipal authority for the construction, purchase, improvement, repair, maintenance and operation of a facility for the collection, removal, disposal or marketing of municipal waste, recyclable materials or composted leaf and yard waste.

§ 25B08. Exclusion from other laws.

A borough may not be subject to requirements otherwise imposed by law for the sale of personal property owned by the borough when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding the sale of recyclable material from political subdivision personal property sale restrictions relating to advertising and bidding."

Section 4. Sections 3301.1(b)(2) and 3301.2(a) of Title 8 are amended to read:

§ 3301.1. Ordinances and resolutions.

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(b) Legislative acts.--Every legislative act of council must be by ordinance. Legislative acts shall include, but not be limited to:

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[(2) General appropriation ordinances.]

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§ 3301.2. Publication.

(a) Requirements.--Except as provided under this part or other law, council shall publish every proposed ordinance once in one newspaper of general circulation [for at least] no less than seven days and [not] no more than 60 days [prior to enactment] prior to the day when council shall vote on the proposed ordinance. Publication of any proposed ordinance shall include all of the following:

(1) The full text or the title of the ordinance and a brief summary prepared by the borough solicitor setting forth all the provisions in reasonable detail.

(2) A reference to the borough office or other place where borough records are kept where copies of the proposed ordinance may be examined.

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Section 5. This act shall take effect in 60 days.

APPROVED--The 28th day of March, A.D. 2024.

JOSH SHAPIRO