Cooper Proposal Would Review Stormwater Fees Across PA

HARRISBURG – To address the concerns with a court ruling regarding stormwater fees assessed by local governments, Rep. Jill Cooper (R-Westmoreland) today introduced legislation to examine the topic further.

“My goal is to be both practical and preventative: to give lawmakers the details and data to craft clear, fair policy options so municipalities can meet state and federal stormwater requirements without creating unintended legal or financial burdens for residents and institutions,” Cooper said. “Our local governments and their residents deserve policies based on facts and proven strategies.” 

A recent Pennsylvania Supreme Court decision calls into question whether municipal stormwater payments made by property owners currently regarded as user fees are actually taxes. Communities throughout Pennsylvania have imposed stormwater fees for maintenance and repairs to comply with state and federal rules requiring the handling of rainwater.

House Resolution 527 calls for a comprehensive, nonpartisan study developed in partnership with academic and municipal experts to explore different stormwater models and quantify their potential impacts on municipalities, tax exempt institutions and property owners. The proposal directs legislative committees to consider legal distinctions between taxes and fees, evaluate how different funding models would affect communities with limited tax bases, and recommend changes that protect water quality, reduce flood risk, and preserve equitable treatment for taxpayers and tax exempt entities. All research would be completed by institutions of higher learning, avoiding the use of taxpayer funds

House Resolution 527 was referred to the House Local Government Committee.