Summary Legislative Activity | July 2022

Summary Legislation

Gov. Tom Wolf vetoed a bill that would have barred municipalities from banning the use of natural gas in new construction. "The legislation takes away local decision-making," Wolf said in his veto message for Senate Bill 275. "The legislation would limit the tools available to local governments to address the global threat of climate change in future years and stands in the way of clean energy initiatives and incentives." The prime sponsor of the legislation, Sen. Gene Yaw, R-Lycoming, had touted the bill as an "energy choice" proposal. "This will preserve access to reliable electricity, no matter where residents live, and prevent a chaotic patchwork of regulations that ultimately undermine statewide environmental and energy policies," he said.

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-30/1081.html

As the budget and Spring Legislative Session were being finalized, the Common Commonwealth Court of Pennsylvania on the same day issued a preliminary injunction that blocks PA from entering the Regional Greenhouse Gas Initiative (RGGI) until the full court case have been adjudicated. This news comes hours after the United States Supreme Court voted, 6-3, that the United States Department of Environmental Protection does not have the authority to regulate carbon emissions at the federal level under Obama-era “Clean Power Plan” rules. The basis of the ruling is that only congress, not the EPA or any other bureaucratic agency, has the authority to institute cap-and-trade programs; a theme that will be argued in Pennsylvania’s courts in the months to come on the issue of RGGI. The Wolf Administration finalized the regulation to allow Pennsylvania to participate in RGGI with DEP’s CO2 Budget Trading Program regulation published on April 23, 2022, issue of the Pennsylvania Bulletin.  The Pennsylvania Code and Bulletin, said the rule will be published even if another court order is issued. That’s because of the physical requirements to publish the bulletin.

This ruling essentially pauses the Department of Environmental Protection plans rolled out just this month for over 2 dozen qualifying power plants with a capacity of 25 megawatts or more to start tracking their emissions.  If the courts do decide in favor of the Administration’s rule to enter RGGI, those plants will have to buy a credit for every ton of carbon dioxide they emit to acquire CO2 allowances equal to the amount of CO2 they emit. As stated by DEP - Power plants must start accounting for their CO2 emissions starting on July 1, 2022. Facilities have until March 1, 2023, to account for 50 percent of their 2022 emissions and until March 1, 2024, to account for 100 percent of their 2022 emissions. Power plants will be required to have 50 percent of their 2022 required allowances by March 1, 2023, and 100 percent of required allowances by March 1, 2024. The most recent modeling from the Department of Environmental Protection expected RGGI to raise about $200 million in 2022, had the state joined at the beginning of the year. The state can use the money raised to boost clean energy and efficiency measures.

The Property-Assessed Clean Energy program (“C-PACE”) was enacted in 2018 and since that time it has enabled property owners in Pennsylvania to take advantage of private capital to implement building energy efficiency and clean energy projects.  Currently, Act 30 of 2018 facilitates long-term financing for energy efficiency, water conservation and renewable energy projects for agricultural, commercial, and industrial properties. Senate Bill 635 expands the program to include multifamily commercial buildings, indoor air improvements (e.g. COVID-19 mitigation), and resiliency improvements.  The expansion of the C-PACE program will help property owners make upgrades to ventilation systems to improve indoor air quality and reduce COVID-19 transmission.  Additionally, projects that increase resilience or improve the durability of real property—such as flood mitigation, wind resistance, energy storage, microgrids, and backup power generation, or others as defined by a local government, will be made eligible for C-PACE financing as well.  C-PACE is a funding mechanism that relies entirely on private capital and is not a tax. It will help promote energy efficiency while saving Pennsylvanians money that can be put back into the economy.

Senate Bill 635 has passed both the Pennsylvania House and Senate and was signed by Governor Wolf on July 7. It is now Act 43.

The PA General Assembly finalized the annual state budget on July 8th a little over a week past the June 30th deadline.  Senate Bill 1100 (Pat Browne, R-Lehigh), is a $45.2 billion budget plan$43 billion in state funding and just under $2.5 billion in federal dollars and includes a phased reduction in the corporate net income tax from 9.99 percent to 4.99 percent over the next nine years

Other items of interest include:

  • $25million for a utility assistance program
  • $12.6 million also allows “pass-through” entities to deduct the value of manufacturing equipment from the state personal income tax.
  • The cap for the Research and Development Tax Credit increases from $55 million to $60 million and the cap for the Waterfront Development Tax Credit increases from $1.5 million to $5 million under the bill.
  • New Airport Land Development Zone offering state tax credits for businesses locating there and creating jobs. Businesses in a zone would receive a tax credit of $2,100 for each new job created each year for a decade.
  • A state childcare tax credit equal to 30 percent of the federal credit
  • $350 million repaid to the Workers’ Compensation Security Fund
  • $42 million to pay off outstanding debt in the Unemployment Compensation Trust Fund
  • $125 million to boost the Education Improvement Tax Credit (EITC) and Opportunity Scholarship Tax Credit (OSTC) programs

The budget package also rescinds the Wolf Administration’s controversial bridge tolling plan, which follows a recent ruling by the Commonwealth Court of Pennsylvania that blocked the Administration from moving forward with its plan to toll nine interstate bridges across the state, including the Interstate 83 South Bridge in Harrisburg.

The budget package includes the traditional Tax Fiscal, School and Human Services Code bills. The Human Services Code bill was vetoed by Governor Wolf due to a difference with the Legislature regarding Home and Community Based Services. Though the General Assembly subsequently passed a second HS Code bill, which did not include the offending reference, and that bill was signed.  The Governor also vetoed Senate Bill 573 which would change rules for poll watched and another bill which require athletic participation by biological sex.

Legislation (SB1284) that funded state related universities avoided a veto after language was removed that would have barred the University of Pittsburgh from conducting fetal tissue research obtained from an elective abortion.

The abortion debate was further illustrated with the General Assembly approving a constitutional amendment package that could allow voters to decide to ban tax dollars for abortions and “not guarantee that a woman has a right to an abortion”.  Constitutional amendment legislation cannot be vetoed by the Governor and the bill that passed the House 107/92 and the Senate 26/22 (roll call below) also includes language to:

  • Implement Voter ID standards.
  • Reforming the process of electing the Lieutenant Governor
  • Providing for the disapproval of regulations.
  • Requiring audits of the administration of elections and election results.

The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on July 13, via hybrid meeting format, due to the COVID-19 pandemic. Following are the highlights.

Board President Jim Szalankiewicz, PE, PLS, presided, and welcomed the members and sunshine attendees. He commended the staff on how they have held up under trying circumstances.

Board member Frank Stanton reported that they attended the recent NCEES meeting. He is serving on the committee reviewing the PE exams. He is also actively recruiting new PE members for the Registration Board.

Board counsel Bill Fritz reported on the status of cases, and noted that the Act 41 regulations were completed, and the Board is following the law. He noted, again, that the Seals regulation is “really close”, still waiting for final edits by the LA Board to their companion reg, then they will be sent as a package, along with the Architects reg. Counsel also noted that BPOA is aware that licensees are being contacted by individuals saying they are from the Department, and asking for personal information. This is a SCAM, and should be reported to the Board.

Acting Commissioner Arion Claggett had no new information to report.

Board Administrator Jeannie Bronshtein had nothing to report.

Board Prosecution Liaison Ray Michalowski, Esq., had one case to report, which the Board discussed in Executive Session and was approved. The Board also held a hearing on a case.

The next meeting is September 23, @10:30 AM, with both in-person and virtual options for attendees. Future 2022 Board meeting dates: November 8.

The 2023 dates have not yet been announced.


This Month in PA Bulletin

The Environmental Quality Board (EQB) published the above-referenced regulation in the Pennsylvania Bulletin on July 30, 2022.

The proposed regulation is available on the Pennsylvania Bulletin website at the following link | Pennsylvania Bulletin (pacodeandbulletin.gov)

The proposed regulation is also available on our website at the following link | http://www.irrc.state.pa.us/regulations/RegSrchRslts.cfm?ID=3360

The Board is inviting the public to submit written comments on the proposal.

  • Please reference Regulation #7-572 (IRRC #3348) on the correspondence.
  • The deadline for submitting comments to the Board is August 29, 2022.

Please note that all correspondence, public comments, and documents submitted relating to a regulation are a matter of public record and will appear on IRRC’s websitewww.irrc.state.pa.us.

If you have any questions, please feel free to contact Michelle Elliot, Regulatory Analyst | 717.787.8491 direct line or melliott@irrc.state.pa.us.


Legislative Activity 

The following bills and co-sponsorship memos for bills to be introduced of interest to PSPE were acted on by the General Assembly this past month.

HB 1342  RE: Tax Code (by Rep. Jack Rader, et al) https://www.legis.state.pa.us/WU01/LI/BI/SFN/2021/0/HB1342P3370.pdf Amends the Tax Reform Code providing exemptions from the Inheritance Tax for the transfer of personal property, whether tangible or intangible, resulting from a decedent military member. Provides a definition for decedent military member. In tax for education, amends definitions for maintaining a place of business in this commonwealth, resale, sale at retail, taxpayer, use, and vendor, and provides definitions for flight simulator, car-sharing program agreement, peer-to-peer car sharing, a peer-to-peer car sharing payment, peer-to-peer car-sharing program, peer-to-peer car-sharing program marketplace, peer-to-peer car-sharing program marketplace facilitator, shared vehicle, and shared vehicle owner. Provides peer-to-peer car-sharing program marketplace facilitators shall collect sales tax on behalf of a shared vehicle owner if the owner does not make the vehicle available for sharing outside the program. In personal income tax, provides classes of income shall not include any amount excluded from federal gross income, no deduction may be disallowed from an expense that is otherwise deductible if the payment results in forgiveness of a loan, and classes of income shall not include payments received by an individual from the United States under the Economic Security Act or Consolidate Appropriations Act. In corporate net income tax, amends definition of taxable income and provides definition for unaffiliated entity. Outlines tax rate for 2022 to be 9.99 percent. 8.99 percent for 2023, 8.49 percent for 2024, 7.99 percent for 2024, 7.99 percent for 2025, 7.49 percent for 2026, 6.99 percent for 2027, 6.49 percent for 2028, 5.99 percent for 2029, 5.49 percent for 2030, and 4.99 percent for each subsequent year. In insurance premium tax, further provides for imposition of tax and credits for assessments paid by outlining the disposition of taxes. In vehicle rental tax, provides definitions for peer-to-peer car-sharing program and shared vehicle. Provides taxes shall not be imposed on shared vehicles in a peer-to-peer car-sharing program. In research and development tax credit, amends the total amount of approved credits to not exceed $60 million and $12 million of the total shall be allocated to small businesses. In entertainment production tax credit, provides definitions for multifilm production and Pennsylvania film producer. In waterfront development tax credit, amends the total amount of all tax credits to not exceed $5 million. In city revitalization and improvement zones, provides notification shall be given to contracting authorities of all qualified businesses in violation of provisions relating to reports. In neighborhood improvement zones, includes determining the amount allocated for provisions relating to Neighborhood Improvement Zone Funds as reasoning for contracting or local taxing authorities to have access to confidential reports. In Keystone Opportunity Zones, Keystone Opportunity Expansion Zones and Keystone Opportunity Improvement Zones, provides affiliates are entitled to tax exemptions, deductions, abatements, or credits if eligible and further provides for expiration; provides definition for affiliate. Provides for Airport Land Development Zones. Provides definitions for affiliate, airport, airport land development zone, airport land development zone employer, airport land development zone plan, commercial service airport, department, employee, full-time equivalent employee, noncommercial service airport, pass-through entity, plan, program, qualified tax liability, and zone; establishes the Airport Land Development Program to economically augment airports and their surrounding land and buildings. Provides the amount of tax credits that may be awarded shall remain at the amount allocated for fiscal years beginning June 30, 2022 and ending before July 1, 2025. Establishes the Pennsylvania Child and Dependent Care Enhancement Tax Credit Program, provides definitions for applicable percent, department, employment-related expenses, Internal Revenue Code of 1986, qualifying individual, resident individual, section 21 of the Internal Revenue Code of 1986, taxpayer, tax credit, and tax liability. Outlines utilization and prohibitions of tax credits for the program. Provides table game tax revenue shall be deposited into the General Fund. In Computer Data Center Equipment Incentive Program, provides definition for qualification period. In general provisions, provides the amount of tax credits that may be awarded shall remain at the amount allocated for fiscal years beginning June 30, 2022, and ending before July 1, 2025 and the amount of tax credit earned for each full-time equivalent employee shall remain as specified in the act for the same timeframe. Makes certain repeals. Certain provisions are effective January 1, 2023; provisions related to transfers not subject to tax are effective in 60 days; the remainder of the act is effective immediately.(Prior Printer Number(s): 1440)

Reported as amended from Senate Appropriations Committee, read third time, and passed Senate, 7/7/2022 (38-12)
Received as amended in House and rereferred House Rules Committee, Re-reported on concurrence as committed from House Rules, and House concurred in Senate amendments, 7/7/2022 (184-16)
Signed in the House and in the Senate, 7/7/2022

Approved by the Governor on 7/8/2022 (Act No. 53)


HB 1421  RE: Fiscal Code Amendments (by Rep. Wendi Thomas, et al)

https://www.legis.state.pa.us/WU01/LI/BI/FN/2021/0/HB1421P3379.pdf

(PN 3379) Amends the Fiscal Code providing for the 2022-23 fiscal year budget implementation for various appropriations under the General Appropriations Act; in emergency COVID-19 response, providing for American Rescue Plan Act (ARPA) funds to be transferred to the General Fund no earlier than July 31, 2022 for the 2022-2023 fiscal year, and no earlier than July 21 2023 for the 2023-2024 fiscal year, any money which remains will be transferred to the following fiscal year; in Executive Offices, providing for a transfer of ARPA funds to the Unemployment Compensation Trust Fund to repay advances prior to November 10, 2022 , outstanding advances prior to January 1, 2023, and advances prior to April 30, 2023, upon certification to the Secretary of the Budget, appropriations committee of both chambers of the balances of the fund and federal loans with estimated revenues and expenditures on September 1, 2022, November 1, 2022, December 15, 2022 and February 1, 2023; establishes the Local Law Enforcement Support Grant program, funded with ARPA money and distributed by the Pennsylvania Commission on Crime and Delinquency for the implementation of information technology improvements, purchase or upgrade, cover nontraditional law enforcement personnel costs, support recruitment and retention efforts and provide training, prioritized for areas of the commonwealth with high rates of violence or agencies with low clearance rates for up to $25 million for cities of the first class, $20 million for cities of the second class, $10 million to municipalities with a population of 55,000 or greater, $5 million to municipalities with a population between 18,000 to 55,000, $1 million to municipalities with a population of less than 18,000, $5 million to transit agencies or campus police departments, or $500,000 to airport authority police department, not to be used to supplant existing funding, provides for awards to be geographically dispersed and awarded agencies to submit performance metrics; establishes the Whole-Home Repairs Program, administered by the Department of Community and Economic Development from money appropriated for ARPA , to no more than one applicant per county, an applicant who receives fund from the program shall make grants available to homeowners whose household income does not exceed 80 percent of the area median income and shall make loans available to small landlords renting affordable units of up to $50,000 per unit to address habitability concerns, improve energy or water efficiency or make units accessible for individuals with disabilities, providing for loan forgiveness if the landlord offers a three-year extension of the lease to tenants occupying the unit(s) wherein the funds were used, annual increases to rent did not exceed 3 percent of the base rent, in the prior 15 years the landlord has not committed a serious violation of the property for which the landlord did not take substantial steps to correct, the landlord has owned for more than 15 years, provides for administers of the program to maximize enrollment in all existing home repair programs and invest in workforce development programs; establishes the Cultural and Museum Preservation Grant program, administered by the Commonwealth Financing Authority with $15 million from ARPA in the form of grants to nonprofit arts and culture organizations, local arts and culture districts, professional artists and other associated with the nonprofit entities for the purpose of reimbursement of revenue lost due to the COIVD-19 pandemic, funding for operating costs to maintain essential functions and recruit and retain staff for up to $500,000 per applicant; further provides for $1.4 million in ARPA funds to emergency education relief to nonpublic schools, qualifying schools may choose any education service provider through an intermediate unit that is administering the program, provides for intermediate units to report each nonpublic school for which it administers a grant award of the amount of money that remains and make a report to the Department of Education of the total amount of money that remains unexpended; further provides for calculations to distribute $3.81 million from ARPA funds to libraries, included $86,000 to the State Library for administration, provides for unexpended, uncommitted or unencumbered funds to be distributed at the discretion of the state librarian; further provides for the Department of Health to award grants allocated from ARPA to biotechnology research for the purposes of attracting, growing and expanding biotechnology, pharmaceutical, life sciences or health research and development capacity of the commonwealth, and promote the growth or development of innovative technologies from those fields or in support thereof; further provides for calculations to distribute $250 million in ARPA funds to long-term living programs, with $131,157,000 in one-time payments for the purpose of making payments to nonpublic and county nursing facilities, $74,946,000 in one-time payments to personal assistance services, $14,989,000 in one-time payments to direct care workers employed through the participant-directed employer model, $26,767,000 in one-time payments to assisted living residences and personal care homes, $6,959,000 in one-time payments to adult day care services, $535,000 in one-time payments to residential habilitation services, $5,353,000 in one-time payments to organizations that have entre into agreement with the Department of Human Services to operate a Life Program, requires eligible person or entity receiving payment to be in operation as of July 1, 2022, provide documentation to the Department of Human Services for purposes of an audit review and may not be reimbursed by a federal, state or other source of funding; establishes the Low-Income Energy Assistance Program, to entirely expended from ARPA if all other money received from the federal government for the program if any amounts are carried over to the following fiscal year and if the secretary of the budget notifies chairman of both chambers' appropriations committee; establishes the Child Care Stabilization Program, administered by the Department of Human Services from money appropriated from ARPA to distribute one-time payments to child-care providers for the purpose of making retention and recruitment payments to qualified staff up to $2,500 at the discretion of the department but no later than January 1, 2023 with an application made available on the department's publicly accessible website, provides for staff retention payments to be made within 90 days of receipt of payment, and staff recruitment payments within 180 days, provides for qualified child-care providers to submit reports on spending and allows for the department to recover payments if provisions are not met and requires the department to submit a report of payment information to chairmen of both chambers' appropriation committee; establishes the Behavioral Health Commission for Adult Mental Health, composition of members, to convene meetings with rural and urban county mental health administrators to issue a report on its recommendations to executive and legislative leaders for the delivery of services by telemedicine, behavior health rates, network adequacy, mental health payment parity, workforce development and retention, expansion of certified peer support specialist services and peer-run services, the development and provision of crisis services, cultural competencies, impact of social determinants of health, intersection of behavioral health and the criminal justice system and establishing an integrated care model to deliver timely psychiatric care in a primary care setting; establishes the Property Tax Rent Rebate program, funded with ARAP money transferred to the State Lottery Fund for administration to disburse recipients with an additional amount in rebates equal to 70 percent of the claimant's rebate in lieu of property taxes, no later than August 31, 2022 the Department of Revenue will coordinate the payment; further provides for state university assistance for fiscal year 2022-2023 with $34,294,978 in ARPA funds in consultation with the board of governors of the Pennsylvania State System of Higher Education and $7,371,688 paid directly to Cheyney University, provides for calculations for disbursement of funds and reports from the Chancellor of the State System of Higher Education to chairman of both chambers of the appropriations committee; establishes the Development Cost Relief Program, administered by the Pennsylvania Housing Finance Agency using ARPA funds to support the production of developments by addressing financial deficiencies attributable to the effects of the COVID-19 pandemic and other economic factors for eligible developments that have applied for or received a conditional full allocation of low-income housing tax credits, has not received a certificate of occupancy for each unit within he development and has experienced cost increases or loss in equity, provides for reports from the agency to the governor and general assembly; establishes the State Parks and Outdoor Recreation Program, administered by the Department of Conservation and Natural Resources using ARPA funds to support the rehabilitation, repair and development of park and forest areas for projects more than $50,000 but less than $5 million utilizing an application developed by the department, provides for the department to provide a report related General Assembly chairmen and allows for excess funds to be paid to counties that have demonstrated a funding shortfall after September 20, 2022 or other updates to the federal deadline; further provides for the Treasury Department to ensure the secure disbursement of public funds and provide state departments, agencies, board and commissions with a list of vendors that are qualified to provide payment security services and update the list every two years; further provides for no transfer of the Oil and Gas Lease Fund to the Marcellus Legacy Fund for distribution to the Environmental Stewardship fund for the 2021-2022 and 2022-2023 fiscal year; establishes the Agriculture Conservation Assistance Program funding, provides for the State Conservation Commission to use 4 percent of the fund for administrative costs and the powers and duties of the commission and participating conservation districts, provides for conservation districts to establish a committee to advise the program, department oversight and commission reports; establishes the Clean Water Procurement Program funding, The Department of Environmental Protection to use 4 percent of the funds for administration and duties of the department, provides for request for proposals or competitive bidding process qualifications and verified nutrient or sediment reductions, expires in 10 years; further provides for the Department of Human Services' monthly state supplemental assistance amounts for residents of a domiciliary care homes and facilities, as well as compliance and penalties thereof; further provides for the Secretary of the Budget to deposit $2.1 trillion into the Budget Stabilization Reserve Fund if the secretary determines there is a surplus in the General Fund for the 2021-2022 fiscal year, provides the secretary to transfer $100 million into the Underground Storage Tank Indemnification Fund to the General Fund; establishes the Gaming Economic Development and Tourism Fund; further provides for $214.4 million in ARPA funds to be transferred to the Commonwealth Financing Authority's Water and Sewer Projects for the reimbursement of water and sewer projects with a cost of more than $30,000 and less than $500,000; further provides a transfer of funds from taxes to the Tobacco Settlement Fund in an amount equal to the fund's annual debt service due in fiscal year 2022-2023, provides for tobacco cessation programs, cancer research, research grants uncompensated care payment program, workers with disabilities and other health-related purposes; further provides for $14.659 million to be transferred to the Pennsylvania Race Horse Fund; directs the Secretary of the Budget to report on money transferred to the Workers' Compensation Security Fund to the Legislative Reference Bureau for publication; clarifies language related to the Opioid Settlement Restricted Account; establishes the Clean Streams Fund funding and distribution; establishes the Sports Tourism and Marketing Account to attract amateur and professional sporting and esports events and duties of the Department of Community and Economic Development, provides for less than $5 million of the General Fund to be transferred to the account; establishes the Election Integrity Restricted account with $45 million from the General Fund; further provides for $250,000 of the Commission on Crime and Delinquency's allocation to be available to the Judicial Computer System Financial Audit Committee to carry out its duties; further provides for $4 million of the General Fund to be used for infrastructure enhancements to the Statewide 2-1-1 System; further provides for non-state financial participation for the purposes of redevelopment assistance capital projects; further provides the Board of Pardons to maintain a separate line item from the Department of Corrections; creates prohibitions in funding for the Department of Education; directs the Rural health Redesign Center to repay the Department of Health; extends the Department of Labor and Industry's deposits into the Reemployment fund to 2024; further provides for the Department of Military and Veterans Affairs contracts for burial details for veterans and increases base pay of members of the Pennsylvania National Guard to not be less than $180 per day; establishes the Intellectual Disabilities Augmentation Account and funding within the Department of Human Services to provide home and community-based supports for people on the emergency waiting list; establishes additional qualifications for the Transit Revitalization Investment District and membership of its governing body; further provides purposes of federal funds appropriated to the Pennsylvania Infrastructure Investment Authority for water projects; further provides for state-related universities to only use appropriations for costs directly related to the instruction of graduate and undergraduate students; further provides for a surcharge to be collected by a division of the unified judicial system and provides for the Judicial Department Operations Augmentation Account for the operation of the Judicial Department; further provides for appropriations to the Pennsylvania Commission on Crime and Delinquency and purposes; further provides for the Attorney General to use appropriations to create joint local-state firearm task forces; further provides for the Auditor General to use $500,000 of its funds appropriated for special financial audits to audit entities that receive money through contracts with the Department of Human Services and school districts where the school board has approved a motion to request an audit; further provides spending of the Department of Agriculture's funding allocation for educational programing and preparing for pathogenic avian influenza; further provides for the Department of Community and Economic Development to use its appropriation to fund activities to increase tourism, statewide competitions, workforce development programs, accessible housing and partnerships; further provides for the Department of Corrections to use its to establish and administer a nonnarcotic medication assisted substance abuse treatment program; further provides for the Department of Education to use its appropriation for online development courses and programs; further provides for the Department of General Services to use its appropriation for fire protection and services; further provides the Department of Health to use its appropriation for programs and grants; further provides for the Department of Labor and Industry to use its appropriation for a workforce development program that links veterans with employment; further provides for the Department of Human Services to use its appropriations or federal funds to expand web portals, as well as grants, programs, initiatives, medical assistance reimbursements and hospital disbursements; further provides for the Department of Transportation to use its appropriations for a rural transit service; further provides for the Pennsylvania Emergency Management Agency to use its appropriations to support programs, the State Fire Commissioner and disaster assistance; Further directs representatives of state universities to appear before General Assembly appropriations committees, further provides for the Pennsylvania Higher Education Assistance Agency to allocate funds for Cheyney University, Thaddeus Stevens College of Technology and other grants; Clarifies purposes and eligibility requirements of the Statewide Local Share Account Program; further provides for restrictions on appropriations for funds and accounts; further provides for a transfer to the Environmental Stewardship Fund; provides for repeals.

Re-reported on concurrence as amended from House Rules Committee, and House concurred in Senate amendments, as further amended by the House, 7/7/2022
Received as amended in Senate and rereferred Senate Rules and Executive Nominations Committee, 7/7/2022
Re-reported on concurrence as amended from Senate Rules and Executive Nominations Committee, and Senate concurred in House amendments to Senate amendments, as further amended by the Senate, 7/8/2022
Received as amended in House and rereferred to House Rules Committee, re-reported on concurrence as committed from House Rules, and House concurred in Senate amendments to House amendments as
further amended by the Senate, 7/8/2022
Signed in the House and in the Senate, 7/8/2022

Approved by the Governor, 7/11/2022 (Act No. 54)


HB 2526  RE: Highway-Railroad and Highway Bridge Capital Budget Supplement Act (by Rep. Tim Hennessey, et al) Amends the providing for the adoption of capital projects related to repair, rehabilitation, or replacement of highway bridges to be financed from current revenue of the Motor License Fund and itemizing additional state and local projects. The total authorization for the costs of projects itemized pursuant to this act and financed from current revenue or by the incurring of debt will be $6.367 billion. State projects will be allocated $5.075 billion and non-state projects will be allocated $1.291 billion. Provides sections on the limitation on the expenditure of funds, debt authorization, appropriation, federal funds, policy on jobs and materials, and editorial changes.

Motion to revert to prior Printer Number H3206 adopted, 7/6/2022
Read third time, and passed Senate, 7/7/2022 (50-0)
Signed in the House and in the Senate, 7/7/2022
Approved by the Governor, 7/11/2022 (
Act No. 78)


HB 2702  RE: Highway Capital Budget Project Itemization Act of 2022-2023 (by Rep. Tim Hennessey, et al) Provides for the highway capital budget project itemization for the fiscal year 2022-2023 to be financed from current revenue or by the incurring of debt. Provides for itemized projects in 67 counties, debt authorization, issue of bonds, estimated useful life of projects, appropriations, federal funds, and allocation of funds.

Read second time, and rereferred to Senate Appropriations Committee,  7/6/2022
Reported as amended from Senate Appropriations Committee, read third time, and passed Senate, 7/7/2022 (50-0)

Received as amended in House and rereferred House Rules Committee, 7/7/2022
Re-reported on concurrence as committed from House Rules, and House concurred in Senate amendments, 7/8/2022 (198-1)
Signed in the House and in the Senate, 7/8/2022
Approved by the Governor, 7/11/2022 (
Act No. 81)


SB 1100  RE: FY 2022/23 Budget (by Sen. Patrick Browne, et al) Allocates funds from the General Fund for the expenses of the Executive, Legislative and Judicial Departments, the public debt, and public schools for the fiscal year July 1, 2022, to June 30, 2023. Effective July 1, 2022, or immediately, whichever is later.

Reported as amended from House Appropriations Committee, read third time, and passe House, 7/7/2022 (180-20)
Received as amended in Senate and rereferred to Senate Rules and Executive Nominations Committee, re-reported on concurrence as committed from Senate Rules and Executive Nominations, and Senate concurred in House amendments, 7/8/2022 (47-3)
Signed in the Senate and in the House, 7/8/2022

Approved by the Governor, 7/8/2022 (Act No. 1A)

SB 635  RE: Property Assessed Clean Energy Program (by Sen. John Yudichak, et al) Amends Title 12 (Commerce and Trade), in property assessed clean energy program, providing that qualifying commercial property is included under the provisions of the legislation and establishing that indoor air quality refers to a project which improves health or performance outcomes by reducing exposure to indoor airborne contaminants. The legislation also provides for the definition of qualifying commercial property, the establishment of a program to determine the eligibility of qualifying commercial property, notification procedures for notice to lien holders, and for qualifying commercial properties to notify municipalities upon work completion. The legislation establishes collection procedures for delinquent installments of assessments and that collections of assessments shall be made only upon a qualifying commercial property whose owner has executed a written agreement with the governing body agreeing to the assessment. Provides a program shall require for each proposed clean energy project and water conservation project a scope of work, energy baseline or water usage baseline, and the projected energy savings or water usage reductions in order to establish the viability of the qualified project and the projected energy savings or water usage reductions. Further provides program funds may not be used directly or indirectly to construct, renovate or improve a residential condominium, cooperative unit or any other type of owner-occupied residential unit.

Approved by the Governor, 7/7/2022 (Act No. 43)


SB 692  RE: Erosion and Sediment Control Act (by Sen. Camera Bartolotta, et al) Provides for erosion and sediment control requirements. A person seeking to commence a project involving oil and gas activities that will cause five acres or more of earth disturbance at one time shall submit an application and obtain an erosion and sediment control permit from the Department of Environmental Protection or a conservation district before commencing the project.

Laid on the table, removed from the table, 7/6/2022
Read second time, and rereferred to Senate Appropriations Committee, 7/8/2022

HB 1665  RE: Snow Removal (by Rep. Chris Quinn, et al) Amends an act entitled "An act relating to indemnification agreements between architects, engineers or surveyors and owners, contractors, subcontractors or suppliers," reflecting the addition of indemnification agreements relating to snow removal or ice control services. Provides provisions in a snow removal or ice control services contract relating to indemnification shall be void if the provider has been directed not to perform the snow removal or ice control services by the receiver. A provider of snow removal or ice control services shall include agents and employees of the provider. Provides related definitions.

Approved by the Governor, 7/11/2022 (Act No. 68)


SB 1282  RE: Land Bank Liability (by Sen. Joe Pittman, et al) Amends Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act by amending the definition of "economic development agency" to include land banks established under Title 68, chapter 21 relating to land banks.

Read second time, 7/8/2022

SB 275  RE: Energy Choice (by Sen. Gene Yaw, et al) Amends Title 53 (Municipalities Generally), in preemptions, providing for restrictions on utility services prohibited. Prohibits a municipality from adopting a policy that restricts, prohibits or has the effect of restricting or prohibiting the connection or reconnection of a utility service based upon the type of source of energy to be delivered to an individual consumer within the municipality. Provides that the bill does not affect the authority of a municipality to take steps designed to reduce greenhouse gas emissions or purchase renewable energy from municipal authorities and operations and clarifies that a municipality's exercise of its land use authority in accordance with the municipality's planning code shall not be construed as restricting or prohibiting an individual or entity from choosing a utility service provider.

Reported as committed from House Appropriations Committee, read third time, and passed House, 7/6/2022 (117-83)
Vetoed by the Governor, 7/11/2022


SB 1304  RE: Changing Stations (by Sen. Amanda Cappelletti, et al) Amends the Pennsylvania Construction Code Act, in Uniform Construction Code, providing for changing stations in public buildings or facilities and providing definitions. Provides that an individual, agency, corporation, partnership, company, organization, association, or other business entity that owns or manages a public building or facility, a state-owned building or a health care facility shall install and maintain at least on adult changing station for persons with disabilities or special health care issues or the elderly. Each changing station shall be accessible to both men and women when the public building or facility is open to the public. Establishes conditions that need to be met. Provides requirements for signage in a public building or facility, state-owned building, or health care facility.

Introduced and referred to Senate Labor and Industry Committee, 7/21/2022

HB 2747  RE: Streamlining PennDOT and Turnpike Construction Contracts (by Rep. Todd Stephens, et al) Amends Title 62 (Procurement), in source selection and contract formation, further providing for definitions, methods of source selection, and design build best value process, and establishing the Design Build Advisory Committee. Provides for definitions. Adds Section 513.2 (relating to design build best value process) to allow agencies such as the Department of Transportation or Pennsylvania Turnpike Commission to use the design build best value procurement process on construction projections in limited circumstances. Provides for conditions of use. Directs the agency's innovative contracting division to establish a project selection matrix and provides for related considerations. Directs an agency to establish an innovative contracting division. Provides an agency should provide adequate public notice of the request for qualifications and allows the agency to publish written policies and promulgate regulations related to the public notice, as well as make copies of a request for qualifications available. Provides for contents of the public notice. Requires a statement of qualifications received by an agency from a responsive proposer to be scored by a selection committee and provides for criteria. Directs the selection committee to develop a list of at least three and no more than five responsive proposers before proceeding. Shortlists proposers if three of fewer submit a statement of qualifications, as well as allows the agency to reissue the request for qualification with public notice and proceed with the project under the competitive sealed proposal process. Directs the agency to publicly post a list of all responsive proposers and the total score of each proposer with identification as to why proposers have been shortlisted. Provides a stipend for non-selected shortlisted responsive proposers and directs the stipend in an amount to be determined by the agency for participation in the process to be paid by the contracting agency within 45 days after award of the design build best value contract and provides for stipends in light of cancelations. Allows the agency to issue a formal request for proposals to a responsive proposer following the creation of a shortlist and to the extent that an agency is satisfied with the number of responsive proposers and provides for the publication of the shortlist. Directs for content of the request for proposals. Provides a request for proposals to include separate proposals for a technical solution is a technical proposal and the proposed price is a price proposal. Directs a request for proposal to include a requirement that a proposer, if not shortlisted, has a defined time frame to inform the selection committee that the proposer intends to submit a technical and price proposal. Provides for criteria for selection. Clarifies all decisions made for solicitations and awards be subject to complete transparency and provides for maximum transparency. Establishes a selection committee for the request for qualifications and membership. Establishes a selection committee to evaluate proposals and provides for membership. Requires the agency to conduct a debriefing conference with a proposer shortlisted but not selected within 15 days from the date of the determination to discuss the contents of the proposal and why another proposal was selected. Provides for a bid process and allows for written protests to be filed. Establishes the Design Build Advisory Committee and provides for membership. Directs the committee to meet quarterly and provides for replacement of members that miss meetings, as well as per diem expenses. Provides the department shall provide appropriate staff support to the committee. Clarifies the advisory committee shall provide guidance and oversight to an agency to utilize the design build best value process for procurement and open communication between an agency and industry with respect to a mutual interest in improving and enhancing design build best value procurement in the commonwealth. Directs the committee to provide an annual report to the General Assembly. Allows the department to promulgate rules and regulations. Provides for limitation of use for the procurement process. Provides for definitions.

Introduced and referred to House Transportation Committee, 7/13/2022

HB 1868 RE: Military and Veterans' Licensure (by Rep. Zach Mako, et al) Amends Title 63 (Professions and Occupations (State Licensed)) repealing and replacing existing language and establishing a new chapter relating to military and veterans' licensure. Provides requirements for the Bureau of Professional and Occupational Affairs relating to licensing for military applicants, examining relevant military experience, approving renewal of licenses for deployed servicemembers, gathering license fees, and submitting information reports to various state officials.

Approved by the Governor, 7/7/2022 (Act No. 35)

SB 382  RE: P3 Board Actions (by Sen. Wayne Langerholc, et al) Amends Title 74 (Transportation), in private-public transportation partnerships, providing a definition for transportation-related service and amending the definition of public-private transportation partnership agreement and providing no proposed transportation project that provides optional user fees may be approved by the board unless the board's members approve the project unanimously; and rescinding, in part A, a resolution of the Public-Private Transportation Partnership Board. Provides upon receipt of a proposed transportation project resolution from the governor, the General Assembly may adopt a concurrent resolution approving the resolution within 20 calendar days. Provides; if either chamber fails to adopt the concurrent resolution, it shall be deemed disapproved, and the public entity may not proceed with the agreement. The Department of Transportation (PennDOT) shall develop a detailed analysis of a request or recommendation for a proposed project, which includes the location, type, cost, estimated length, and potential social, economic, and environmental impacts of the transportation project agreement, and PennDOT may conduct additional evaluations and shall post the analysis on its website for public input. Prohibits mandatory user fees imposed as part of the transportation project, unless the fee is imposed on individuals who selected optional means to transit the transportation facility. The resolution ratifying action of the public-private partnership delivery model shall be rescinded, PennDOT may continue work on the transportation project but may not impose or collect user fees and outlines the transportation facilities that shall be overseen by PennDOT.

Re-reported on concurrence as amended from Senate Rules and Executive Nominations Committee, 7/6/2022
Rereferred to Senate Rules and Executive Nominations Committee, re-reported on concurrence as amended from Senate Rules and Executive Nominations Committee, and Senate concurred in House amendments as further amended by
the Senate, 7/7-2022

Received as amended in House and rereferred House Rules Committee, re-reported on concurrence as committed from House Rules, and House concurred in Senate amendments to House amendments, 7/7/2022

Signed in the Senate and in the House, 7/8/2022
Approved by the Governor, 7/11/2022 (
Act No. 84)


Upcoming Meetings of Interest

Wednesday, August 10, 2022

10:00 a.m., Operating Engineers 66, 111 Zeta Dr., Pittsburgh

Developing a Hydrogen Hub

The House Democratic Policy Committee will convene a hearing to hear from stakeholders and discuss how lawmakers in Harrisburg can support ways to develop a hydrogen hub in Western PA.

Click here for more information

Powering Pennsylvania: Nuclear Fusion
Tuesday, August 9 from 10:00 AM to 12:00 PM
K & L Gates Center, 210 6th Avenue, Pittsburgh PA 15222

The House Democratic Policy Committee will hold a hearing to learn more about nuclear fusion in Pennsylvania and why the commonwealth should be investing in that industry.

Click here for more information

Dates are subject to change.

  • September: 12, 13, 14, 19, 20, 21
  • October: 24, 25, 26
  • November: 14, 15, 16

Some House Committee meetings and sessions can be viewed online at: http://www.pahousegop.com/.

Dates are subject to change.

  • September : 19, 20, 21
  • October: 17, 18, 19, 24, 25, 26
  • November: 15

Senate Committee meetings and sessions can be streamed at: http://www.pasenategop.com/.

Location | 1 Technology Park, Commonwealth Technology Center (CTC), Harrisburg, PA 17110

Time | 1:30 - 3:00 PM EST

2022 Meeting Dates

  • August 11
  • November 17

Additional Information: https://www.oa.pa.gov/Programs/Information%20Technology/Pages/geoboard.aspx .

2022 Meeting Dates

  • October 13
  • March 16, 2023

Individuals can join the virtual meetings by means of Zoom. The virtual meeting ID is 991 2180 9216. The passcode is 170867. Questions concerning these virtual meetings may be directed to Kristen Gardner at (717) 346-1497.

All meetings are scheduled to begin at 10 AM. https://www.dli.pa.gov/ucc/Pages/UCC-Review-and-Advisory-Council.aspx

2022 Meeting Dates

  • September 7
  • October 12
  • November 30

The Department of Environmental Protection’s State Board for Certification of Sewage Enforcement Officers met on Wednesday, November 18, 2021.

Minutes can be found here:

https://www.dep.pa.gov/PublicParticipation/AdvisoryCommittees/WaterAdvisory/SEO/Pages/default.aspx

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PSPE PAC

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Contact Your State Rep and Ask them to Support HB 1801

House Bill 1801 amends the Registration Act for Professional Engineers to address several cumbersome provisions that impede licensing.  Currently, an applicant to be granted licensure as a professional engineer must hold an engineer-in-training certificate and show proof of four or more years of experience in engineering work performed after the issuance of their engineer-in-training certificate.  In some cases, an individual may have the years of required experience and training, but it may have occurred prior to them obtaining their engineer-in-training certificate in Pennsylvania.  This bill allows for the experience earned prior to the passage of the EIT to apply as well as some other updates to the Act that more closely align with the national model law adopted by NCEES.  It also clarifies that the “practice of engineering” is not limited only those projects that involve a “design”.  Take Action Now.


Advocate to End Licensing Exemptions

Call your members of Congress and support ending licensing exemptions on public utility pipelines. The National Transportation Safety Board’s report on the deadly pipeline explosion in Massachusetts in September 2018 calls for a significant legislative change that NSPE has strongly advocated for years: elimination of professional engineer licensure exemptions. Take action now.


Legislative Summary Archive

Industrial Exemption