HARRISBURG, PA — Pennsylvania developers would have to provide evidence of an intended public or communal water supplier before receiving final subdivision or land-development approval under legislation that cleared the General Assembly unanimously Tuesday, tightening when municipalities must obtain water-service documentation for proposed projects.
The House passed Senate Bill 1287 by a 203-0 vote Oct. 6 without amendments, following a 50-0 Senate vote June 2. The measure now awaits presentation to Gov. Josh Shapiro.
The legislation would amend the Pennsylvania Municipalities Planning Code to require water-supply documentation before a municipality grants final approval to a subdivision or land-development plan.
Current law requires local ordinances to demand evidence that a proposed development will receive water from a public utility, municipal authority, municipality or cooperative association. SB 1287 would establish when developers must provide that evidence by making it a prerequisite for final plan approval.
The change would apply to Chester County municipalities governed by the Municipalities Planning Code, including fast-growing communities reviewing residential, commercial and industrial development.
The legislation does not require developers to demonstrate that sufficient water capacity is already available before final approval.
Acceptable documentation could include a Pennsylvania Public Utility Commission Certificate of Public Convenience or an application for one, as well as a cooperative agreement or a commitment or agreement to provide water service.
That distinction means an application for regulatory authorization could satisfy the documentation requirement even before a final certificate has been issued.
The measure could also affect municipalities reviewing data-center projects, where water supply has emerged as one consideration alongside electricity demand, land use and other infrastructure requirements.
The Senate signed the legislation following the House vote Tuesday. If Shapiro signs the bill, the requirements would take effect 60 days later.
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