Professional Licensing Waivers
Click here to read the email from the Commissioner of the Bureau of Professional and Occupational Affairs
House ERE Committee Votes to Reject Wolf’s RGGI Plan
House Environmental Resources and Energy (ERE) Committee Majority Chairman Daryl Metcalfe (R-Butler) pushed through a vote to adopt a letter to the Independent Regulatory Review Commission (IRRC) rejecting Gov. Tom Wolf’s effort to enter Pennsylvania into the Regional Greenhouse Gas Initiative, or RGGI, (Environmental Quality Board Regulation 7-559), and asking IRRC to do the same. The letter was approved along mostly party lines, with Democrat Rep. Pam Snyder of Greene County joining the majority in voting in the affirmative.
In part, the letter states: “As the standing House Committee with legislative oversight over the Department of Environmental Protection (DEP), it is our role to ensure that regulations proposed by DEP through the EQB are consistent with the intent of the Acts on which they are based and proposed in a manner consistent with the law, a standard which this regulation utterly fails. We renew the many objections we raised in our letter to you when this regulation was at the proposed stage and for the sake of brevity we will focus this letter mainly on the regulatory process and the proper roles of the executive and legislative branches of government…”
The letter goes on to challenge both the legislative authority of the Governor to proceed without legislative input, and the process by which the regulation was developed, aired, and approved. Metcalfe’s letter objected to the EQB meeting at the Rachel Carson Office Building, to hold a public meeting, while the building remained closed to the public, saying that violated state law.
Ryan Reintroduces “Maintenance Work” Prevailing Wage Bills
Rep. Frank Ryan (R-Lebanon) has reintroduced two bills from last session intended to reverse two Commonwealth Court decisions issued in 2006 and 2007 (Ebensburg and Youngwood) which ruled that previously exempt road repair actions (curb/sidewalk replacement and milling/repaving) are subject to the Prevailing Wage Act. HB 1744 and HB 1745 were referred to the House Labor and Industry Committee on July 30. The previous iterations, HB 613 and HB 614 of 2019, did not move out of committee. These bills likely will meet the same fate.
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. Copies of all bills of interest can be accessed by clicking here.
Bidding / Contracting
SB 812 RE: “Change Order Scheming” (by Sen. Kristin Phillips-Hill, et al)
Amends Title 62 (Procurement), in source selection and contract formation, further providing for debarment or suspension for unsatisfactory performance with a demonstrated history of “change order scheming” for a public works project in any other state or for any other public owner.
Introduced and referred to Senate State Government Committee, 7/20/2021
Budget Related Bills
HB 336 RE: Administrative Code Changes (by Rep. Ryan Mackenzie, et al)
Amends the Administrative Code to update the name of the Department of Banking to the Department of Banking and Securities; removes references to the Pennsylvania Securities Commission; updates the name of the Department of Public Welfare to the Department of Human Services; removes a reference to the Board to License Private Bankers; establishes the Judicial Computer System Financial Audit Committee within the Pennsylvania Commission on Crime and Delinquency and provides for its membership and its powers and duties; transfers the administration of the Flood Plain Management Act from the Department of Community and Economic Development to the Pennsylvania Emergency Management Agency; adds a definition of “requesting officer”; and adds language allowing the Auditor General to perform an audit of a municipal authority under certain conditions. Also adds language to provide additional requirements during the publication process of a constitutional amendment; adds a new section regarding equity reform for lobbyists; adds a new section to require the Attorney General to defend a claim against a Commonwealth entity under certain conditions; adds language requiring the Department of Environmental Protection to submit for publication in the Pennsylvania Bulletin a general permit for the transfer, storage or processing of oil and gas liquid waste at temporary facilities in operation for no more than 180 day at once; adds a new section clarifying the Department of Conservation and Natural Resources shall have the powers and duties vested in the Department of Commerce by the Project 70 Land Acquisition and Borrowing Act; adds a section requiring DHS to request guidance and decision from the U.S. Department of Agriculture on the Commonwealth’s ability to pursue a waiver for the continuation of the Supplemental Nutrition Assistance Program (SNAP) Emergency Allotment benefits; adds a new section requiring service delivery conditions of a drug and alcohol treatment provider to be in substantial compliance with the American Society of Addiction Medicine Criteria, 3rd Edition, 2013 by July 1, 2013, except if the treatment provider submits an application for, and is granted, an extension by the Department of Drug and Alcohol Programs; repeals provisions relating to vehicle and tractor codes. Adds a new article establishing the Pennsylvania Commission for the United States Semiquincentennial to plan, encourage, develop, and coordinate the commemoration of the 250th anniversary of the founding of the United States, and Pennsylvania’s related role and provides for its membership and its duties. Certain sections take effect immediately; certain sections take effect in 90 days; and the remainder takes effect in 60 days.
Became law without Governor’s signature, 7/9/2021 (Act No. 70 of 2021)
SB 817 RE: Construction Worker Misclassification Act (by Sen. John Kane, et al)
Amends the Construction Workplace Misclassification Act, further providing for definitions, for improper classification of employees, for criminal penalties, for administrative penalties and for availability of information. This legislation provides for enforcement if the secretary finds that an employer has violated the Workers’ Compensation Act, for grading of criminal penalties for specific violations, administrative penalties for intentional violations, and for posting requirements related to the act.
Introduced and referred to on Senate Labor and Industry Committee, 7/26/2021
SB 778 RE: Small Business Fee Exemption Act (by Sen. Vincent Hughes, et al)
Provides for small business fee exemption. The bill establishes that in addition to the exemption provided to a veteran-owned or reservist-owned small business, the following shall be exempt from the payment of a business fee: a woman-owned small business, a service-disabled veteran-owned small business, a minority-owned small business, a disadvantaged small business, and a microbusiness.
Introduced and referred to Senate State Government Committee, 7/6/2021
Upcoming Meetings of Interest
House Consumer Affairs Committee
- Date: Thursday, August 26, 2021
- Time: 10:00 a.m.
- Location: Penn State Brandywine Campus | 25 Yearsley Mill Rd., Media
- Topic: Public hearing on Solar Energy in PA.
Some House Committee meetings and session can be viewed online at: http://www.pahousegop.com/
Senate Committee meetings and session can be streamed at: http://www.pasenategop.com/
- 2021 Senate Session Schedule
- September 20, 21, 22, 27, 28, 29
- October 18, 19, 20, 25, 26, 27
- November 15, 16, 17
- December 13, 14, 15
- 2021 House Session Schedule
- September 27, 28, 29
- October 4, 5, 6, 25, 26, 27
- November 8, 9, 10, 15, 16, 17
- December 13, 14, 15
State Registration Board for Professional Engineers, Land Surveyors and Geologists Meeting Schedule
- 2021 Meeting Dates
- September 29
- November 5
- Meetings are open to the public.
- All Board meetings are held remotely via Webex until further notice. https://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/EngineersLandSurveyorsandGeologists/Pages/General-Board-Information.aspx#.VHNkfFZOk5s
State Geospatial Coordinating Board2021 Meeting Dates
- August 23
- November 15
- Location: 1 Technology Park, Commonwealth Technology Center (CTC), Harrisburg, PA 17110
- Time: 1:30 PM – 3:00 PM
- Info: https://www.oa.pa.gov/Programs/Information%20Technology/Pages/geoboard.aspx
DEP Oil and Gas Technical Advisory Board Virtual Meeting Schedules For 202
- September 9
- December 16
- Location: Virtual
- Time: 9:00 AM
- Individuals interested in providing public comments during a meeting must sign up prior to the start of that meeting by contacting Todd M. Wallace at email@example.com or (717) 783-6395.
- Info: http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol51/51-1/10.html