PA Senate Local Government — 2026-03-17

Brown. Here. Committa. Proxy. Proxy. Culver. Here. Here. Dush. Here. Hutchinson. Here. Here. Carney. Here. Here. Kim. Here. Here. Malone. Here. Here. Mastriano. Proxy. Proxy. Kim Ward. Proxy. Proxy. Kiefer. Here. Here.

Moved by Senator Kim, seconded by Senator Kearney.

Thank you, and good morning. I truly appreciate this. Thank you, Chairwoman Kiefer and Chairwoman Kim and the rest of the committee for making it to a meeting this morning, especially for bringing up Senate Resolution 211. I think that one of the things that we are looking at today, of course, is the Municipal Planning Code and how we need to address that. I would get my notes out in the right place. Sorry. So the Pennsylvania Municipality's Planning Code, or the MPC, was in Act 247 of 1968. And it's the state law that empowers local governments, cities, boroughs, townships, and counties, with the exception of Pittsburgh and Philadelphia, to plan their development and regulate land use. It provides the legal framework for zoning, subdivision, and development ordinance. It's been more than 20 years since the MPC underwent a significant update, and much has changed in our communities during that time. You know, it's hard to read the news locally or statewide without learning something about land use issues, whether it's the siting of data centers, whether it's communities and counties looking at expanding growth boundaries or shrinking them, or maybe it just about how to find the space for housing and making changes so that our communities are able to support the population that they have It just there so many issues that have come up about that And as legislators, it's our responsibility to ensure that the MPC evolves in step with the growing and changing needs of our communities. Without timely updates, the MPC, frankly, loses relevance, and it's not clear or it makes it difficult for local communities or the municipalities, boroughs, and so forth to actually use the MPC effectively. And that often leads to costly and avoidable litigation as parties attempt to resolve zoning disputes, for example, through the courts. The consequences of an outdated MPC are felt across the entire Commonwealth. Rural areas must evaluate proposals that exceed their infrastructure capabilities. Suburban communities are challenged by rapid growth, and urban localities continue to grapple with severe shortages of affordable housing. Senate Resolution 211 authorizes the Legislative Budget and Finance Committee with the assistance of a diverse group of individuals and organizations who can offer practical insights and recommendations to study the MPC and recommend the changes needed to update it. I'm really encouraged to see the local government committee to take this resolution up. It's overdue, I think, for us as state legislators to take significant steps to update the MPC and address the realities and demands facing our communities today. It's our responsibility to do so. It won't happen if we don't do it. So I appreciate your willingness to take this up. Thank you.

I think I certainly accept the amendment. I think it's a good idea.

A seconded? Senator Brown.

I'm pleased to see the local government committee begin to address some of the fundamental legal underpinnings that contribute to our current housing crisis. I'm in favor of this resolution today, but I want to make a quick comment that we should not wait for a comprehensive commission study in order to take action on bipartisan zoning reforms. As both Senate Republican and Democratic policy committees have heard in hearings in this session and last, red, blue, and purple states across the country have been enacting zoning reforms to allow for more housing. These range from legalizing accessory dwelling units to allowing for easier conversion of abandoned shopping malls or empty offices into mixed-use development, and from allowing starter homes like duplexes in more places, all the way to reducing parking requirements near train and subway stations. Reforms like these have been called for by housing advocates and home builders for many years and have been generating significant increases in home construction in jurisdictions where they have been implemented. If we only act incrementally, we will only see incremental and insufficient progress that will result in continued stagnation for Pennsylvania's economy as companies and families choose more affordable states to live in. I was recently at a homebuilders conference in the southeast where I learned that over 30% of a homebuilder's costs are related to local land use and permit rules. And while the legislature can't do much about the cost of lumber and other construction materials, we can do a lot when it comes to land use restrictions that prevent builders from addressing the supply shortage. The housing crisis is very serious and very real, and I believe we should pass this resolution today, but I also believe we shouldn't wait to take immediate action on evidence-based land use reform strategies this session. Thank you, Madam Chair.

Thank you. And I also want to thank Senator Carney for his remarks about the restrictions that, because of planning codes, et cetera, that are adding to the problem of affordable housing. But it's more of a comment I'd like to make that as this plan is studied, as we look for recommendations, I sincerely hope that advocates for private property rights are integral to any discussions. I don think that just a bunch of people that want to make the Municipality Planning Codes stricter should be the only ones in the room making recommendations because private property rights and private property ownership are the bedrock of our society in America and I want that to continue and so I don't want to chip away at more of the ability of people who own a piece of property to do with it as they wish. Thank you and that's my comment.

Yeah, I just want to echo Senator Hutchinson's concern. There have been, there is an increasing number of efforts around the country that have been seen as restricting private property ownership rights. We have specific constitutional guarantees that the people have the right to acquire property. and to pretty much the bedrock of this was that we'd be able to do it ourselves. I was actually reading from John Locke's second treatise last night, and it was concerning this, and that without the right to own property and to use that property to the person's desires, it takes away from freedom, and I think we have to be mindful of that, And I also agree with Senator Hutchinson that private property owner rights groups need to be a part of this discussion.

Thank you.

Thank you. I just want to respond. I appreciate the comments of the senators. I think they're right on target. And I want you to know that my staff and I did meet with the Legislative Budget and Finance Committee to talk about who will be at the table when we start to look at that. And we had a very detailed conversation about who needs to be engaged, because this is the bedrock of what our state is about, is land use in many, many ways. So it's very important that we make sure that we get the right people there. And, of course, any of the recommendations have to be enacted by legislation. And I'm hopeful that that's something, whether through the local government commission or whether we do this, as Senator Carney suggested, as ideas come up and, you know, some things may need to move faster than others, most certainly. So that's what I'm hopeful will happen here. And, again, I appreciate your consideration. Thank you.