Legislative Action

You may have read that a case challenging the Pennsylvania Statute of Repose Law for engineers, architects and contractors has been working its way through the courts and is now before the Commonwealth's Supreme Court.  The statute of repose law, which grants immunity from claims against design professionals and construction contractors after 12 years, uses the term "lawfully" provided services in its description of who qualifies for the immunity.  The lawsuit, Aloia v. Diamant Building Corp, is an action against a homebuilder which the plaintiff claims did not comply with applicable building codes.  The plaintiff argues that failure to comply with the building code means the service was not lawfully provided and therefore not deserving of the immunity.

The courts have for many years affirmed the protection granted by the law to designers and contractors but have not previously been asked to specifically interpret the legislature's meaning of what constitutes "lawfully" as it applies to this act.  Even though the lower court rulings on this case have found no merit in the plaintiff's argument, the current Supreme Court has not always looked favorably on other statutes of repose.

PSPE and other design groups have joined in a friend of the court filing opposing the challenge to the statute of repose law. Recently, Senator Dan Laughlin of Erie County has introduced a bill that defines the word "lawfully" as those who are licensed or otherwise legally allowed to provide the service. The bill also lowers the timeframe after which claims are barred from 12 years to six years.  PSPE supports Senate Bill 399.  That bill has been referred to the Senate committee on Judiciary.  There is no time frame for the court, or for that matter the Senate, to act on this matter.

tate Rep. Jim Struzzi (R-Indiana) announced April 10 that House Bills 990 and 991 have advanced from the House Local Government Committee, the first step toward final passage.

House Bills 990 and 991 authorize municipalities to plan, design and construct stormwater management systems; direct surface water runoff through municipalities; and create a dedicated funds system to pay for the projects without the need for the creation of a separate stormwater management authority.

“Our municipalities across the state deal with an increasing number of stormwater regulations imposed by the PA Department of Environmental Protection and Federal Environmental Protection Agency,” Struzzi said.  “This legislation will save money for these municipalities, many of which are struggling through these challenging times, by allowing them to manage storm water without needing to create the bureaucracy of a separate authority.”

Struzzi noted that House Bill 990 provides third-class cities, boroughs and incorporated towns with this ability, while House Bill 991 authorizes the same for first-class townships. Second-class townships currently have this ability.

“Pennsylvania averages roughly 41 inches of rainfall annually,” Struzzi added. “This is great for our agriculture industry, but it can present problems for stormwater remediation. House Bills 990 and 991 provide municipalities with a cost-efficient option to deal with stormwater issues.”

Both bills must receive second consideration in the House, followed by a fiscal review by the House Appropriations Committee, of which Struzzi serves as the Republican chair, before a final vote in the House.

The Department of Environmental Protection's Growing Greener Plus Grants Program announced it will soon accept applications. The program aims to improve or protect state waters from nonpoint source pollution associated with agricultural activities, abandoned mine drainage, stormwater runoff, energy resource extraction, and streambank and shoreline degradation. The maximum Growing Greener grant request is $500,000. Interested applicants with questions may email raepgrowinggreener@pa.gov. Additional information is available on the Pennsylvania Bulletin. https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol55/55-16/525.html

The Department of Environmental Protection announced several grants focused on projects that reduce nonpoint source pollution in targeted watersheds. Applications and all supporting documents must be submitted through the commonwealth's eGrants system. Applications will be accepted beginning 11:59 p.m. on April 22 on June 20. Late submissions will not be considered. Interested applicants with questions may email RA-EP319grantfunding@pa.gov. For more information on the Section 319 Nonpoint Source Management Grants Program, visit the department's website. Additional information is available in the Pennsylvania Bulletin. https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol55/55-16/527.html

HB721 RE: Strengthening the Construction Workplace Misclassification Act (by Rep. Kyle Donahue, et al)

Amends the Construction Workplace Misclassification Act, further providing for definitions, for improper classification of employees and for criminal penalties; providing for private right of action; further providing for administrative penalties, for retaliation for action prohibited, for availability of information, for use of penalty funds and for funding; and imposing penalties. Adds definitions. Under enforcement, replaces language to include that if the secretary finds that an employer has failed to properly classify an individual as an employee for the purposes of the act, the secretary shall impose administrative penalties and may refer the matter to the Attorney General for criminal investigation. Strikes “intentionally” from the language and adds supplying labor for construction knowing the employer will misclassify the supplied employees under acting in concert with other parties. Outlines the grading scale, to include a misdemeanor of the first degree if no prior offense exists and a felony of the third degree if the employer has one or more offenses. Adds further definitions. Establishes private right of action within three years from the date that the employee knew of the violation, retaliation or discrimination. Provides for relief, including reinstatements, restitution equal to three times the wages, reasonable attorney fees and other legal and equitable relief. Adds financial audits or tax audits to administrative penalties. Provides for intentional violations, allowing the secretary to debar, for a period of at least three years, the contractor, subcontractor or person from bidding on or participating in a public work project. Prohibits retaliation actions against employees. Requires the availability of the act posted in a conspicuous place. Strikes language in section 12 (use of penalty funds and recovered fees and costs), adding any sum collected as a penalty, recovered attorney fee or cost associated with any investigation under the act shall be deposited into a restricted revenue account created in the General Fund. Allows the Attorney general or district attorney’s office to recover attorney fees and costs associated with the investigation of construction worker misclassification, along with any resulting enforcement action, from employers who violate the provisions.

Reported as amended from House Labor and Industry Committee, read first time, and laid on the table, 4/9/2025

SB586 RE: Workplace Misclassification Act (by Sen. Nick Pisciottano, et al)

Standalone legislation that extends Act 72’s successful provisions to all independent contractors.

Referred to Senate Labor and Industry Committee, 4/9/2025

HB500 RE: Lightning Plan: Improve the EDGE Tax Credit (by Rep. John C. Inglis III, et al)

Updates and revises the Pennsylvania Economic Development for a Growing Economy (PA EDGE) Tax Credit Program, passed in 2022. Makes 5 key revisions:

1.  A new Reliable Energy Investment Tax Credit will encourage the development of baseload power and allow existing facilities to invest in upgrades to quickly surge their capacity to meet the growing need for energy.  It will provide up to $100 million per facility for three years.  This all-of-the-above reliable energy tax credit—the first in the nation at the state level—will enable a wider range of reliable and advanced energy projects to qualify. The credit will lower energy costs, increase grid stability, and create good-paying clean energy jobs, all while protecting Pennsylvanians’ clean air and clean water.
2.  A revised Dairy Production Tax Credit that allows a wider array of investment to qualify by investing at least $50 million and creating 100 new jobs. It also provides an additional 50% increase in value to specialized dairy production that includes organic products. These improvements will support our farmers and rural communities, and increase the supply of basic groceries like milk, cheese, and butter—lowering costs for consumers.
3. A revised Regional Clean Hydrogen Tax Credit will provide up to $49 million annually for projects that support the growth of Pennsylvania’s hydrogen economy—including projects within Pennsylvania’s two Hydrogen Hubs. This expands eligibility to a wider range of projects, reflecting the diverse needs of Pennsylvania’s Eastern and Western Hydrogen Hubs. The Hydrogen Hubs, with the support of these tax credits, will create more than 41,000 good-paying jobs and ensure Pennsylvania continues to be an energy leader for decades to come.
4. Updates to the Semiconductor Manufacturing and Biomedical Manufacturing and Research Tax Credit ensure that early-stage semiconductor businesses can participate in the credit program. These updates will drive forward some of the most innovative manufacturing and research opportunities in the Commonwealth.
    
5. A new Sustainable Aviation Fuel Tax Credit will provide up to $15 million per year for an investor who makes a $250 million capital investment and creates at least 400 jobs at a facility to produce sustainable aviation fuel (SAF). This will unlock a new growth sector for Pennsylvania’s natural gas industry, support our farming communities, and provide a low-carbon energy source for aviation here in the Commonwealth and to destinations around the globe.

Referred to House Finance Committee, 4/23/2025

HB502 RE: Lightning Plan: Get Stuff Built with the RESET Board (by Rep. Mandy Steele, et al)

Amends Title 27 (Environmental Resources), adding Chapter 8 to establish the Reliable Energy Siting and Electric Transition Board within the Department of Environmental Protection (DEP) to facilitate the development of new sources of reliable energy in this commonwealth while limiting adverse effects on human health, safety and the environment. Outlines findings and declaration of policy. Eligible projects include reliable energy facilities that provide more than 25 megawatts of power.  Projects that receive RESET Board approval would be able to quickly begin construction, speeding up development timelines and greatly improving the certainty that investors need.  This “one-stop-shop” approach has proven successful in other states by making it easier for developers to get their projects built.

Referred to House Energy Committee, 4/23/2025

HB503 RE: Lightning Plan: PACER (by Rep. Aerion Abney, et al)

Pennsylvania Climate Emissions Reduction Act establishes the Pennsylvania Climate Emissions Reduction Program (PACER) within the Department of Environmental Protection (DEP) to implement a Pennsylvania-run CO2 Budget Trading Program; imposes powers and duties on the Environmental Quality Board (EQB), the Pennsylvania Public Utility Commission (PUC) and DEP; and establishes the Consumer Protection Account and the Pennsylvania Energy Transformation Account in the General Fund, the Workforce Enhancement Fund as a nonlapsing fund in the State Treasury for energy projects, the Workforce Enhancement Fund Board to administer the fund and the Low-income Support Account in the General Fund. Outlines General Assembly findings and the act’s purpose. Requires DEP to conduct a Pennsylvania-run auction in accordance with 25 Pa. Code § 145.401(b). Permits DEP to delegate implementation and administrative support functions for any CO2 allowance auction conducted under 25 Pa. Code §§ 145.401 through 145.409 (relating to approval of auction results) to an agent qualified to conduct auctions, provided that the agent performs all functions under the direction and oversight of the department. Provides provisions for compliance and for other states. Outlines auction participation and monitoring. Directs DEP to review the Pennsylvania CO2 Budget Trading Program base budget and consider the impact of the base budget on jobs, consumers and the environment to determine whether revisions to the base budget are needed within 120 days of the effective date. Provides for evaluating the impact of the base budget on jobs, consumers and the environment. Outlines provisions for revisions, a final-omitted regulation and set-aside allocations. Prohibits DEP from joining or participating in a CO2 allowance auction addressing emissions from the electric generation sector other than the Pennsylvania-run program established by this act, unless an act of the General Assembly enacted after the effective date of this section specifically authorizes such joinder or participation. Specifies how the authorized and collected auction proceeds shall be deposited into the State Treasury. Provides requirements for the Consumer Protection Account. Appropriates money in the Pennsylvania Energy Transformation Account to DEP for administering PACER and for grant programs. Outlines eligible projects for the grant program. Provides requirements for the Workforce Enhancement Fund and details the Workforce Enhancement Fund Board’s composition, meetings, powers and duties. Specifies what acts shall apply to the board. Requires money deposited into the Low-Income Support Account to be used to supplement Low-Income Home Energy Assistance Program grants or other grants that provide cooling assistance for eligible customers who seek financial resources to cover cooling expenses

Referred to House Energy Committee, 4/23/2025

HB504 RE: Lightning Plan: Community Energy (by Rep. Peter Schweyer, et al)

The Community Energy Act provides for community energy facilities; imposes duties on the Pennsylvania Public Utility Commission (PUC), electric distribution companies and subscriber organizations; and provides for prevailing wage and labor requirements. Outlines General Assembly findings and declarations. Provides definitions. Allows a community energy organization or subscriber administrator to develop, build, own or operate a community energy facility. Allows for a subscriber to a community energy facility to receive a monetary bill credit for every kilowatt hour produced. Requires PUC to establish a bill credit and further promulgate regulations providing for the protection and participation of a residential customer who has a subscription with a community energy organization or subscriber administrator, electric distribution companies and subscriber organizations. Provides for community energy projects. Requires enforcement by the Department of Labor and Industry for violations. Stipulates that this act shall be construed to minimize direct or indirect costs related to community energy facilities to ratepayers of an electric distribution company that are not subscribers.

Referred to House Consumer Protection, Technology and Utilities Committee, 4/23/2025

Voted favorably from House Consumer Protection, Technology and Utilities Committee, 4/24/2025

HB789 RE: Expanding C-PACE to Include Electric Vehicle Charging Infrastructure (by Rep. Joe Ciresi, et al)

Amends Title 12 (Commerce and Trade), in Property Assessed Clean Energy Program, further providing for purpose to include electric vehicle charging infrastructure, for definitions to define “electric vehicle charging infrastructure project” and to revise the definition of “qualified project” and for scope of work to add a subsection. Directs a municipality or county that approves an electric vehicle charging infrastructure project by an alternative fuel dealer-user as defined in 75 Pa.C.S. § 9002 (relating to definitions) under a program to send a notice to the Department of Revenue (DOR) upon completion of the project which includes a description of the electric vehicle charging infrastructure project, the date of completion of the electric vehicle charging infrastructure project and contact information for the commercial property owner. Requires DOR to ensure that any tax amount required to be paid to DOR under 75 Pa.C.S. § 9004(d) (relating to imposition of tax, exemptions and deductions) is collected for the charging of electric vehicles using facilities or equipment completed under the electric vehicle charging infrastructure project.

Removed from table, 4/23/2025

HB543 RE: Expanding the Use of Mechanical Insulation in Energy Efficiency and Conservation Programs (by Rep. Regina G. Young, et al)

Amends Title 66 (Public Utilities), in restructuring of electric utility industry, further providing for energy efficiency and conservation program. Prohibits the commission from disapproving a plan solely due to the inclusion of mechanical insulation which is demonstrated to be cost effective using a total resource cost test approved by the commission. Adds a definition for mechanical insulation.

Reported as committed from House Consumer Protection, Technology and Utilities Committee, read first time, and laid on the table, 4/7/2025

Removed from table, 4/22/2025

Read second time, and re-committed to House Appropriations Committee, 4/23/2025 

Re-reported as committed from House Appropriations Committee, read third time, and passed House, 4/24/2025 (195-8) 

Referred to Senate Consumer Protection and Professional Licensure Committee, 4/28/2025

HB990 RE: Storm Water Legislation (by Rep. Jim Struzzi, et al)

Amends the Title 8 (Boroughs and Incorporated Towns) of the Pa.C.S. to amend Part I (Boroughs) and Part II (Incorporated Towns) to create a new Chapter 74 (Storm Water Management Plans and Facilities) which authorizes Incorporated Towns to operate Storm Water Management Systems.

 Reported as amended from House Local Government Committee, read first time, and laid on the table, 4/9/2025 

HB991 RE: Storm Water Legislation (by Rep. Jim Struzzi, et al)

Amends the First Class Township Code (Act 331 of 1931) to create a new Article XXIV-A (Storm Water Management Plans and Facilities) which authorizes First Class townships to operate Storm Water Management Systems.

 Reported as amended from House Local Government Committee, read first time, and laid on the table, 4/9/2025 

HB1155 RE: Community Solar (by Rep. Peter Schweyer, et al)

The Community Solar Act provides for community solar facilities; imposes duties on the Pennsylvania Public Utility Commission, electric distribution companies and subscriber organizations; and provides for prevailing wage and labor requirements and for ratepayer protections. Lists General Assembly declarations and findings. Provides several definitions. Permits a community solar organization or subscriber administrator to develop, build, own or operate a community solar facility. Allows a community solar organization to serve as a subscriber administrator or may contract with a third party to serve as a subscriber administrator on behalf of the community solar organization. Provides for bill credit for subscribers to community solar facilities. Establishes credit. Includes customer protection provisions including a standardized customer disclosure form. Provides subscription costs. Prohibits the imposition of a termination or cancellation fee on a subscriber. Establishes duties for electric distribution companies. Provides compensation and costs recovery for electric distribution companies. Establishes interconnection standards for community solar facilities. Mandate the purchasing of unsubscribed energy by an electric distribution company. Enables customer participation in community solar programs. Permits the promulgation of temporary regulations. Lists what laws the temporary regulations do not apply to. Provides contents of temporary regulations. Permits promulgating regulations to adopt mechanisms to increase participation by low-income customers. Limits locations of multiple community solar facilities in close proximity. Establishes prevailing wage and labor requirements. Authorizes the Department of Labor and Industry (L&I) to enforce this section. Provides ratepayer protections.

Referred to House Energy Committee, 4/7/2025

HR34 RE: A Resolution designating the month of April 2025 as "Pennsylvania 8-1-1 Safe Digging Month."

Resolution designating the month of April 2025 as "Pennsylvania 8-1-1 Safe Digging Month."

Reported as committed from House Consumer Protection, Technology and Utilities Committee, 4/7/2025

SB659  RE: Requiring Gas Detectors in Pennsylvania Homes and Businesses (Sen. Katie J. Muth, et al)

Requires gas detectors to be installed in any commercial businesses and residential properties where a propane, natural gas, or liquefied petroleum gas fueled appliance is located. This bill, modeled after a Maine law that became effective in 2022, would require the placement of a gas detector within any room where a gas appliance is located.

Referred to Senate Environmental Resources and Energy Committee, 4/28/2025

Cosponsor memos filed

SCO971 RE: Use of Recycled and Reclaimed Asphalt in Local Road Projects (by Sen. Tracy Pennycuick)

Requires municipalities, when paving or repaving roads, to allow for any and all Pennsylvania Department of Transportation (PennDOT) approved mixes, especially those that incorporate reclaimed or recycled asphalt pavement.

Cosponsor memo filed, 4/11/2025

HB1214 RE: Tax Relief Through Abatements for Dwelling Construction and Improvement (by Rep. Jared G. Solomon, et al)

Amends the General County Assessment Law, in subjects of taxation and exemptions, further providing for temporary tax exemption for residential construction. Extends the timeline for temporary tax exemption for residential construction not to be valued or assessed for purposes of real property taxes until 30 months or the commencement of improvement, whichever is later. Removes the no building permit or other notification of improvement requirement. Effective in 60 days.

Referred to House Finance Committee, 4/15/2025

HB109 RE: Issuance of Permits in Environmental Justice Areas (by Rep. Greg Vitali, et al)

Amends Title 27 (Environmental Resources) providing for issuance of permits in environmental justice areas by providing for methods of identifying environmental justice to be regularly reviewed by the Department of Environmental Protection which will designate and make publicly available environmental justice areas in the commonwealth, to be updated every three years, no later than 120 days after this section’s publication. Provides that prior to the department taking action on new permits, and in addition to all other requirements under environmental law, the applicant shall submit a cumulative environmental report on the environmental justice area and a public hearing will be conducted, in which the department will issue a decision at least 60 days post-hearing and may require additional conditions or mitigation measures or may deny application. Directs the applicant to provide copies of applications for a permit for a facility located in whole or in part in an environmental justice area to the clerk of the municipality in which the environmental justice area is located. Requires the department to publish all permits granted under this chapter, along with any guidance documents, on its publicly accessible Internet website.

Reported as amended from House Environmental and Natural Resource Protection Committee, read first time, and laid on the table, 4/7/2025 

HB1259  RE: Establishing a Statewide Responsible Contractor Law (by Rep. Joshua Siegel, et al)

Amends Title 62 (Procurement), in source selection and contract formation, providing for additional qualifications for public work projects; imposing duties on the Office of State Inspector General; and imposing penalties.  Adds definitions and applies the changes to all public work projects. Requires the development of forms for contractor or subcontractor compliance certifications and outlines the completion and submission requirements. Outlines the responsibilities of the purchasing agency, including only awarding a public work contract to a contractor that meets the requirements, reviewing the forms submitted, requiring any additional information, determining if each subcontractor meets the requirements and notifying contractors if they meet the requirements. Provides for additional qualifications, including maintaining all registrations, certifications or other credentials, being in compliance with bonding and general liability insurance requirements, within the previous three years, having not been debarred or suspended, defaulted on a project, had any business, contracting or trade license, registration or certification revoked or been found in violation of any law applicable to business, having not been convicted of any crime related to its businesses within the previous 10 years, ensuring that all workers employed have completed occupational safety and health administration training courses, participating in an apprenticeship, providing a list of all crafts or classifications, having all other resources necessary, notifying the purchasing agency of any material changes within seven days and disclosing any fictitious name changes or controlling interests by another company or business entity for the previous five years. Outlines contractor requirements and provides for the enforcement, penalties and remedies through the Office of State Inspector General. Provides for criminal penalties.

Referred to House Labor and Industry Committee, 4/17/2025

HB1290 RE: Advisory Opinions from Licensing Boards (by Rep. Keith J. Greiner, et al

Amends Title 63 (Professions and Occupations (State Licensed)), in powers and duties, adding a section to provide for advisory opinions and notices. Directs the respective licensing board or licensing commission to issue a written advisory opinion to the licensee interpreting or clarifying the applicability of a statute or regulation relevant to the license, registration, certificate or permit upon receipt of a written request from an individual holding a license, registration, certificate or permit with a licensing board or licensing commission. Requires a licensing board or licensing commission to issue an advisory opinion within 30 business days of receiving a request, unless the licensing board or licensing commission extends the period for good cause. Outlines requirements for the advisory opinion. Directs a licensing board or licensing commission to issue advisory notices to provide general guidance on specific topics, including, but not limited to, changes in statutes or regulations or subjects of widespread interest to the public or licensees. Requires each licensing board or licensing commission to promulgate regulations to implement this section within 18 months of the effective date.

Referred to House Professional Licensure Committee, 4/23/2025

HB1164 RE: Eliminating RGGI Regulation (by Rep. James B. Struzzi (R)

The Pennsylvania Carbon Dioxide Cap and Trade Authorization Act authorizes the Department of Environmental Protection (DEP) to conduct a public comment process on and submit to the General Assembly a measure or action intended to abate, control or limit carbon dioxide emissions by imposing a revenue-generating tax or fee on carbon dioxide emissions; and abrogates regulations. Establishes regulations of greenhouse gas emissions. Stipulates except for a measure that is required by Federal law, the department may not adopt a measure or take any other action that is designed to abate, control or limit carbon dioxide emissions, including an action to join or participate in a State or regional greenhouse gas cap-and-trade program, including the Regional Greenhouse Gas Initiative (RGGI), nor may the department establish a greenhouse gas cap-and-trade program, unless the General Assembly specifically authorizes such a measure or action by statute that is enacted on or after the effective date of this section. Requires proposed measures to be submitted to the General Assembly. Establishes process for submission and duties of department. Abrogates provisions of 25 Pa. Code Ch. 145 Subch. E. regarding RGGI.

Referred to House Environmental and Natural Resource Protection Committee, 4/7/2025