Legislative Action

The Underground Utility Line Protection Law, sometimes referred to as " One Call" or "call before you dig", includes a sunset date of December 31, 2024.  That means that the law's requirement for utilities to locate underground lines expires at the end of the year.  The same is true for compliance by contractors and designers that use the system.  The House and Senate each passed bills in the first week of October that reauthorizes the law and removes the sunset clause all together.  While both bills, House Bill 2189 and Senate Bill 1237, accomplish the same end, one of them has to pass both chambers.  With few voting days left before the end of the current legislative session, the legislature is cutting it close for the reauthorization.  Signs indicate a deal will get done before the end of October.

A bill that creates a certification for interior designers under the Architects Licensing Board passed the PA Senate unanimously. The bill is an amendment to the Architects Licensure law and also establishes continuing education requirements for architects. The legislation signals a truce between the two professions that had been at odds for many years over licensing interiors. Senate Bill 1319 must still pass House before it can be sent to the Governor.

State Registration Board for Professional Engineers, Land Surveyors and Geologists September 25 Meeting Notes

The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on September 25, via hybrid meeting format. Following are the highlights.

∙ Board President Joe McNally, PG, presided, and welcomed the members. He had no further report.  

∙ Board member reports: Lisa Peterson, PE, reported on the NCEES meeting held in August. Windsor Tracy, PLS, reported on the surveying exam.  

∙ Board Prosecution Liaison Ray Michalowski, Esq. reported that there were no cases to be voted this meeting.

∙ Board Counsel Ashley Goshert, Esq., presented one case for the board to consider, and another which was tabled to the next meeting. She deferred to Marc Farrell for the regulatory report who reported that there were no open regulations currently, but the Board should start to look at a new reg package to “clean up and match” Act 32. In that context, there was discussion about adding an Ethics CE section to the regs. 2 hours was suggested, to comport with other states that have this requirement. Counsel will take a look at this issue for next meeting. Goshert also gave the annual Sunshine Act presentation.

∙ Acting Commissioner Arion Claggett reported that there is now a new Board’s website.

∙ Board Administrator Kristel Hennessey Hemler presented proposed 2027 meeting dates, which the Board approved. She also noted the passage of Act 32 of 2024, including the decoupling of work experience for licensure.

The Board reviewed correspondence received from the Engineering Council of India regarding a proposed collaboration to recognize licensees reciprocally. Commissioner Claggett advised the Board that there is a pathway under the statute. Lisa Peterson noted the similarities with the prior Board discussions with the UK.

The next meeting is November 13, with both in-person and virtual options for attendees, at the new location, 2525 N. 7^th Street, Harrisburg. Public Session begins at 11 AM

Remaining 2024 dates: November 13.

2025 dates: January 30, March 27, May 15, July 24, September 18, November 13

2026 dates: January 14, March 18, May 20, July 22, September 23, December 2

2027 dates: January 13, March 10, May 12, July 14, September 15, November 17

HB2328 RE: An Act providing for the capital budget for fiscal year 2024-2025. (by Rep. Jordan A. Harris)

The Capital Budget Act of 2024-2025 provides for the capital budget for fiscal year 2024-2025. This bill authorizes up to a total of $1.395 billion in additional principal debt to be issued by the commonwealth to pay for capital projects specifically itemized in a capital budget project itemization bill. Debt is specifically authorized by capital category as follows: Public Improvement Projects: Buildings and structures $ 900,000,000 Public Improvement Projects: Furniture and equipment $ 20,000,000 Transportation Assistance Projects $ 175,000,000 Redevelopment Assistance Projects $ 300,000,000 Flood Control Projects $ - Total $ 1,395,000,000

Reported as amended from Senate Appropriations Committee, and read first time, 9/16/2024 

Read second time, 9/17/2024 

Read third time, and passed Senate, 9/18/2024 (47-2)

Referred to House Rules Committee, 9/23/2024 

Re-reported on concurrence, as committed from House Rules Committee, and House concurred in Senate amendments, 9/30/2024 (195-7)

Signed in the House, 9/30/2024

Signed in Senate, 10/01/2024 

Approved by the Governor, 10/2/2024. Act No. 95 of 2024

SB1058 RE: RGGI Regulation Abrogation (by Sen. Gene Yaw, et al)

The Abrogation of CO2 Budget Trading Program Regulations Act abrogates the provisions of 25 Pa. Code Ch. 145 Subch. E (relating to CO2 Budgeting Trading Program). Effective immediately.

Re-referred to - Senate Appropriations Committee, re-reported as committed from Senate Appropriations, read third time, and passed Senate, 9/17/2024 (27-22)

SB211 RE: Bonding of Solar Installations (Sen. Gene Yaw, et al)

Amends Title 27 (Environmental Resources), in environmental protection, providing for decommissioning of solar energy facilities. Adds Chapter 43 entitled "Decommissioning of Solar Energy Facilities." Provides that a solar energy facilitating agreement executed after the effective date shall provide that the grantee is responsible for decommissioning the grantee's solar energy facility on the surface property owner's property in accordance with this chapter no later than 18 months after the facility has ceased producing electricity, except for an instance when the grantee is actively working to recommence production of electricity, including an instance after the occurrence of a force majeure or similar event. Requires a grantee to provide a decommissioning plan and submit proof of financial assurance. Requires deliverance of the decommissioning plan and proof of financial assurance to the county's recorder of deeds. Provides that the Department of Environmental Protection (DEP) must develop a provisional standard form for a decommissioning plan and financial assurance, further providing for contents. Identifies exemptions. The addition of 27 Pa.C.S. 4304 and Section 2 is effective immediately. The remainder is effective in 180 days.

Reported as committed from House Environmental Resources & Energy Committee, read first time, and laid on the table, 10/1/2024 

HB782 RE: Reasonable and Responsible Development (by Rep. Mike H. Schlossberg, et al)

Amends the Pennsylvania Municipalities Planning Code in subdivision and land development, providing for potentially impacted municipalities and further providing for approval of plats and for completion of improvements or guarantee thereof prerequisite to final plat approval; providing for developments of regional significance and impact to create and propose developments for regional significance and impact; and, in zoning hearing boards and other administrative proceedings, further providing for jurisdiction to account for financial considerations of the host municipality or county the municipality is located. Requires a person who proposes a subdivision or development of land to inform the county or regional planning commission and the governing body of each contiguous municipality in writing that the person’s application may constitute a development of regional significance and impact if the application proposes a listed development, within 10 days of submitting an application for preliminary plat approval. Asserts that within 30 days of receiving notification, the potentially impacted municipality may, in writing, request that the reviewing governing body or planning agency require the submission of an impact analysis. Provides for if the governing body, or planning agency designated to review applications, requires an applicant to prepare and remit an impact analysis within 45 days of receipt of a preliminary application for approval of a plat. Provides for the purpose of the article relative to developments of regional significance and impact. Inserts definitions for the department, earth disturbance activity, host municipality, intermodal terminal, petroleum storage facility, quarry, truck stop facility, warehouse facility and waste-handling facility. Stipulates that provisions do not apply to a person or legal entity regulated by certain mining and resource acts. Outlines the scope of this article. Directs the governing body of a host municipality, or the planning agency designated to review applications on behalf of a host municipality by requiring an applicant to prepare and submit an impact analysis, specifying when an impact analysis shall be required. Provides for contents of impact analysis, outlining submission, costs, contents and distribution. Provides for classifications as the development of regional significance and impact and outlines the Department of Transportation's (PennDOT) duties and powers. Establishes the adoption of an ordinance. Outlines appeals process. Makes editorial and technical changes. Effective in six months.

Re-reported as committed from House Rules Committee, and laid on the table, 9/23/2024 

HB2189 RE: Re-authorization of PA One Call/811 (by Rep. Robert F. Matzie, et al)

Amends the Underground Utility Line Protection Law, further providing for definitions, for duties of facility owners, for duties of One Call System, for duties of designers, for duties of excavators, for duties of project owners, for damage prevention committee and for compliance orders and administrative penalties; providing for action for recovery of penalty or forfeiture; and further providing for expiration. Revises and provides definitions. Removes certain language prohibiting the One Call System from requiring its members to locate lines or facilities installed before the effective date unless they have permitted existing maps of the lines or facilities. Inserts the duty to document communications between the facility owner and the excavator to ensure that the excavator is aware of a facility owner’s inability to locate its facilities. Amends section 3.1(d)(7) to replace an owner or operator or a representative with two owners or operators or representatives of an owner or operator. Adds that it shall be the duty of a designer to submit a design ticket notification through the One Call System when a design drawing is completed, to timely respond to notifications received from excavators, to inform the project owner of their duties and to comply with all requests for information by the commission relating to the commission’s enforcement authority under this act within 30 business days of receipt of the request. Stipulates that a designer will make a reasonable effort to prepare the construction drawings to depict all lines or facilities and quality levels obtained through the subsurface utility engineering process in the planning and design phases. Revises the duties of each excavator who intends to perform excavation or demolition work within this commonwealth, requiring the excavator to submit a report of an alleged violation to the commission through the One Call System not more than 30 business days after striking or damaging a facility owner’s line. Asserts that the excavator shall have the sole duty to submit a locate request. Inserts that provisions in any contract, public or private, which attempt to limit the rights of excavators under the section relative to project owners shall not be valid for any reason, and any attempted waiver of this section shall be void and unenforceable as against public policy and any such attempted waiver shall be reported to the commission's prosecutorial staff for appropriate action. Requires a project owner to submit a report of alleged violation to the commission through the One Call System not more than 30 business days after striking or damaging a facility owner’s line and to comply with all requests for information by the commission relating to the commission’s enforcement authority under this act within 30 business days of receipt of the request. Adds language providing for the establishment of a damage prevention committee, granting the committee certain powers and duties. Stipulates that each annual report must provide relevant metrics to demonstrate how the committee’s actions further the goal of minimizing the occurrence of line hits and enhancing public safety, at a minimum. Makes several editorial changes throughout the act. Outlines administrative penalties for a party violating this act. Inserts that an action for the recovery of any penalty or forfeiture incurred under the provisions of this act or prosecution on account of any matter or thing mentioned in this act may not be maintained unless brought within three years from the date at which the liability arose, except as otherwise provided in this act. Amends section 39 of this act to read that this act shall expire on Dec. 31, 2031. The amendment of section 39 and section 7 is effective immediately. The remainder of this act is effective in 60 days.

Reported as committed from House Consumer Protection, Technology & Utilities Committee, read first time, laid on the table, and removed from table, 9/30/2024

Amended on House floor, read second time, and re-committed to House Appropriations Committee, 10/1/2024

Re-reported as committed from House Appropriations Committee, read third time, and passed House, 10/2/2024 

Re-reported as committed - House Rules

09/23/2024 

H - Laid on the table

SB1242 RE: Continuing Education Enhancement Act (by Sen. Judy Ward, et al)

Amends Title 63 (Professions and Occupations (State Licensed)), in powers and duties, adding a section to provide for continuing education tracking system. Directs the bureau to implement an electronic or cloud-based continuing education tracking system for use by each licensing board and licensing commission to which a licensee, registrant, certificate holder or permit holder is required to provide proof of continuing education compliance for license, registration, certificate or permit renewal in a practice act. Outlines system requirements. Requires the bureau to develop a plan for implementation of the continuing education tracking system no later than 60 days after the effective date. Requires the bureau to ensure that the continuing education tracking system is operational no later than 18 months after the effective date, allowing the bureau to contract with a third party entity to establish the system. Provides for use of system and for construction. Effective in 60 days.

Reported from House Education Committee, with request to re-refer to the House Professional Licensure Committee, 9/30/2024 

SB1319 RE: Continuing Education for Architects and Certified Interior Designers (by Sen. Frank A. Farry, et al)

Amends the Architects Licensure Law, further providing for title of act, for short title, adding the provision of interior design services as a certified interior designer and providing for the certification of interior designers, for declaration of purpose, provides for definitions, for creation of board and appointment and term of members and officers, for organization of board, adding a director’s designee and two members who shall represent the public at large and one member who shall be a certified interior designer, for powers of board, for duties of board, for examination and qualification of applicants, for reciprocal licensing, prohibits an individual from the practice of architecture or use of the title of architect without being issued a license by the board, provides for a biennial renewal of architects and requires a minimum of 24 hours of continuing education in the subject areas of health, safety and welfare and verification of jurisdiction, documentation of successful completion of the continuing education requirement and allows for an individual who is applying for initial licensure to be exempt from continuing education requirements, allows the board to waive all or part of the continuing education requirements issuance and renewal of certificates, for payment and disposition of fees and for seal of architect; providing for architectural firm registration and for architectural firm names; further providing for permitted practices, for existing licenses, for existing rules and regulations and for unauthorized practice prohibited; providing for certification of interior designers, requires an applicant for certification submit evidence satisfactory to the board that the applicant has met the eligibility requirements to take a national certification exam, allows the board to establish a grading procedure, interview an applicant and issue a certificate to an individual who is certified in another state or country where the qualifications are equivalent; further providing for disciplinary proceedings, for penalties and for complaint procedure and hearings; providing for the board to establish expiration on certificates and renewal fees; further providing for the board to promulgate any regulations necessary to implement this act, provides for severability, for repeals and for effective date; and making editorial changes. Changes the section number for the section that asserts this act shall take effect immediately. Effective in 60 days.

Introduced and referred to Senate Consumer Protection & Professional Licensure Committee, 9/13/2024 

Reported as committed Senate Consumer Protection & Professional Licensure Committee, and read first time, 9/17/2024 

Read second time, and re-referred to Senate Appropriations Committee, 9/18/2024 

Re-reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 10/1/2024 (48-0)

Referred to House Professional Licensure Committee, 10/2/2024