Summary Legislation


This Month in PA Bulletin

The Department of Environmental Protection (DEP) announced that applications for the Growing Greener (Water Shed Protection) grants and Bond Forfeiture grants will begin to be accepted on April 21, 2023. Additionally, DEP announced that applicants may apply for the Stormwater Management Planning grants under the Strom Management Act. Eligible applicants include counties, municipalities, municipal authorities, county conservation districts, watershed organizations, councils of governments, educational institutions and other authorized organizations involved in water resource restoration and protection. The maximum Growing Greener grant request amount is $500,000. More information regarding the program and the application process can be found on the Pennsylvania Bulletin. Grant applications and all attachments must be submitted online through the commonwealth's Electronic Single Application website, eGrants. Applications will be accepted beginning at 8 a.m. on Friday, April 21, 2023, through 11:59 p.m. on Friday, June 23, 2023. Late submissions will not be considered. Additional information is also available on DEP’s website: https://www.dep.pa.gov/Citizens/GrantsLoansRebates/Growing-Greener/Pages/default.aspx

Read the Bulletin post at:

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol53/53-13/435.html

The Department of Environmental Protection announced that applications for the Section 319 Nonpoint Source Management Grant Program will be accepted starting April 21, 2023. Eligible applicants include incorporated watershed associations, counties or municipalities, county conservation districts, council of governments or other authorized organizations including nonprofit organizations, educational institutions and municipal authorities. Additional information on the program is available on the Pennsylvania Bulletin. Applications and all supporting documents must be submitted online through the commonwealth's Electronic Single Application website, eGrants. Applications will be accepted beginning at 8 a.m. on Friday, April 21, 2023, through 11:59 p.m. on Friday, June 23, 2023. Late submissions will not be considered. Questions may be sent to RA-EP319grantFunding@pa.gov . More information is also available on DEP’s website: http://www.dep.pa.gov/ (search ''Nonpoint Source'')

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol53/53-13/436.html


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 762  RE: Waterfront Redevelopment Grant Program (by Rep. Patrick Gallagher, et al)

An act providing for the Waterfront Redevelopment Grant Program; establishing the Waterfront Redevelopment Fund; and imposing powers and duties on the Department of Community and Economic Development.

Introduced and referred to House Tourism and Recreational Development Committee, 3/30/2023

HB 200  RE: Continuous Maintenance Permits (by Rep. Clint Owlett, et al)

Amends the Dam Safety and Encroachments Act, providing for the issuance of and conditions for municipal continuous maintenance permits. Provides that the Department of Environmental Protection (DEP) shall develop a continuous maintenance permit for which the Department of Transportation (PennDOT) or a municipality may apply. Further provides the permit shall allow permittees to maintain, inspect and monitor watercourses, water obstructions, appurtenant works and encroachments as specified within the permit. Directs DEP to approve an application for a permit to an application if the applicant meets all of the requirements. Provides a permittee shall provide a compilation of maintenance projects undertaken between January 1 and December 31 of the previous year that were permitted under this section by January 15. Further provides that a permit shall be in effect for no less than 10 years, providing DEP can extend a permit to a permittee for 10 years following 10 years of operation without a permit violation.

Introduced and referred to House Environmental Resources and Energy Committee, 3/9/2023


HB 491
  RE: Mechanical Insulation (by Rep. Regina Young, et al)

Amends Title 66 (Public Utilities), in restructuring of electric utility industry, further providing for energy efficiency and conservation program to indicate the commission may not disapprove a plan due to the inclusion of mechanical insulation which is not cost-effective using a total resource cost test. Inserts definition for mechanical insulation.

Introduced and referred to House Consumer Protection/Technology/Utility Committee, 3/16/2023


HB 550
  RE: Watershed Stormwater Plans (by Rep. David Zimmerman, et al)

Amends the Storm Water Management Act, providing that each watershed storm water plan may delineate areas abutting or within the watershed where the municipal roadmaster may choose to redirect or amend road projects for the purpose of lessening storm water impacts within the watershed.

Introduced and referred to House Environmental Resources and Energy Committee, 3/20/2023

 

HB 551  RE: Notice of Discharge (by Rep. David Zimmerman, et al)

Amends the Clean Streams Law, in other pollutions and potential pollution, providing for notice of discharge endangering public health or environment to specify as person who spills, discharges or releases a substance into waters of the commonwealth, or on a location from which the substance is likely to enter waters, shall notify the Department of Environmental Protection (DEP) if the spill, discharge or release is not authorized by a permit from DEP and is likely to render the waters harmful to public health or the environment. Provides the Environmental Quality Board (EQB) shall publish proposed regulations establishing reportable quantities or other readily ascertainable standards by which a spill is determined to be harmful no later than 180 days after the effective date. Provides EQB shall promulgate final regulations on determining a harmful spill no later than 365 days after the effective date.

Introduced and referred to House Environmental Resources and Energy Committee, 3/20/2023

 

HB 553  RE: Watershed Storm Water Plans (by Rep. David Zimmerman, et al)

Amends the Storm Water Management Act, further providing for watershed storm water plans and contents. Establishes that a municipality that does not have a public water or sewer system shall be exempt from participating in the watershed storm water management plan.

Introduced and referred to House Environmental Resources and Energy Committee, 3/20/2023

 

HB 558  RE: Privately Owned Water (by Rep. David Zimmerman, et al)

Amends the Pennsylvania Safe Drinking Water Act, further providing for definitions and for variances and exemptions. Provides that a public water system does not include a facility that both is owned by a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under section 501(c)(3) or (d) and relies upon a privately owned water well for its drinking water supply. Provides that the department shall authorize variances from a treatment technique required under the drinking water standards if the public water system applying for the variance demonstrates to the satisfaction of the department that the drinking water quality is in accordance with the current surface water treatment rules established by the United States Environmental Protection Agency.

Introduced and referred to House Environmental Resources and Energy Committee, 3/20/2023

 

HB 559  RE: Erosion and Sediment Control Permit Act (by Rep. David Zimmerman, et al)

Provides that, except projects subject to National Pollution Discharge Elimination System requirements, a person proposing an earth disturbance activity regulated by erosion and sediment control shall obtain an erosion and sediment control permit from the department. Provides that the Department of Environmental Protection (DEP) or a conservation district which has a delegation agreement executed with DEP to administer and enforce all or a portion of the requirements shall issue a permit within 45 days of submission of a permit application.

Introduced and referred to House Environmental Resources and Energy Committee, 3/20/2023


HB 652
  RE: Environmental Justice (by Rep. Donna Bullock, et al)

Amends Title 27 (Environmental Resources) providing for issuance of permits in burdened communities. Directs the Department of Environmental Protection (DEP), in consultation with the secretary of the commonwealth, to adopt a list of burden communities in the commonwealth no later than 120 days after the effective date of this section, further directing DEP to update the list periodically as new data on median annual household income becomes available and after each federal decennial census is officially reported as required by federal law. Provides the governing body of a municipality in which a burdened community is located, in consultation with appropriate community groups, shall designate a representative of the burdened community no later than 60 days after the burdened community's designation. Prevents DEP from granting permits for a new facility of expansion of an existing facility without specific actions taken by the permit applicant if located in whole or in part in a burdened community, beginning 180 days after the effective date of this section, further providing for a public hearing and issuance of a decision from DEP 60 days after the public hearing. Allows DEP to promulgate rules and regulations to implement the provisions of this chapter. Directs DEP to public all permits granted under this chapter, along with any guidance documents, on the department's website.

Introduced and referred to House Environmental Resources and Energy Committee, 3/21/2023


HB 699
  RE: Integrated Water Resources Restoration, Protection and Management Act (by Rep. Joe Webster, et al)

Updates and expands storm water planning requirements for counties and requires counties to review and comment on location, design, and construction within the watershed-based planning area of facilities owned or financed through funds from the commonwealth. Authorizes counties to regulate storm water within a watershed-based planning area. Authorizes the formation of water resources management authorities. Outlines comprehensive storm water management planning requirements with watershed boundaries, plans, and updates, and identification and assessment of existing problems. Enables counties, municipalities, and water resources management authorities to develop integrated water resources management plans. Imposes duties and confers powers on the Department of Environmental Protection (DEP) and Environmental Quality Board for coordinating the management of water resources, developing processes and procedures for resolving disputes associated with comprehensive storm water, developing guidelines and policies for implementation, charging fees associated with the review of integrated water resources management plans, approving, disapproving, or conditionally approving of comprehensive storm water management plans and integrated water resources management plans, and undertaking enforcement. Provides for financing and waiver of the user for certain grant or loan funds.

Introduced and referred to House Environmental Resources and Energy Committee, 3/24/2023


SB 211
  RE: Decommissioning of Solar Energy Facilities (by 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 Senate Appropriations Committee, read third time, and passed Senate, 3/8/2023
(36-13)
Received in the House and referred to House Consumer Protection/Technology/Utility Committee, 3/9/2023


HB 33
  RE: Recreational Land Use (by Rep. Jim Struzzi, et al)

Amends "An act encouraging landowners to make land and water areas available to the public for recreational purposes by limiting liability in connection therewith, and repealing certain acts," providing a definition for volunteer and volunteer organization to provide protections to volunteers, volunteer organizations and people invited by a landowner on their property.

Introduced and referred to House Tourism and Recreational Development Committee, 3/8/2023


HB 31
  RE: Stormwater Management Plans (by Rep. Jim Struzzi, et al)

Amends Titles 8 (Boroughs & Towns) and 11 (Cities), in storm sewers and watercourses, providing that a borough may enact and enforce ordinances to govern and regulate the planning, management, implementation, construction and maintenance of storm water facilities. Stipulates that for the purposes of funding the construction, maintenance and operation of storm water management facilities, systems and management plans authorized under this chapter, a borough may assess reasonable and uniform fees based in whole or in part on the characteristics of the property benefited by the facilities, systems and management plans. Adds a new chapter providing for storm water management plans and facilities by towns.

Introduced and referred to House Local Government Committee, 3/8/2023

 

HB 32  RE: Stormwater Fees (by Rep. Jim Struzzi, et al)

Amends the First Class Township Code adding language allowing the board of commissioners to assess fees for storm water management activities and facilities without the need to establish a municipal authority.

Introduced and referred to House Local Government Committee, 3/8/2023


HB 34
  RE: Nonbuilding Lots (by Rep. David Maloney, et al)

Amends the Pennsylvania Municipalities Planning Code, in subdivision and land development, establishing that the creation of a nonbuilding lot shall be exempt from regulation under a subdivision or land development plan with exceptions. Provides that a subdivision and land development ordinance shall include provisions allowing for the creation of two nonbuilding lots when presented with a waiver obtained from the Department of Environmental Protection which declares that there is no present need for sewage disposal facilities and that completion of sewage facilities planning is not required. If the owner or applicant of a subdivided parcel that has been granted a nonbuilding waiver subsequently desires to build upon or develop the property, the owner or applicant shall comply with all applicable statutes, regulations or ordinances in effect at the time of the desired construction or development.

Introduced and referred to House Local Government Committee, 3/8/2023


HB 123
  RE: Signs (by Rep. Joe Ciresi, et al)

Amends the Pennsylvania Municipalities Planning Code, in subdivision and land development, proving for signage on subdivision or land development; upon approval of a plat by the municipality, signage of a minimum of three square feet in surface area shall be posted on each subdivision or land development of any plot, tract, or parcel of land in the plat. The signage shall include the type of development and expected construction schedule and shall be removed within 90 days following the completion of all construction activities on the site.

Introduced and referred to House Local Government Committee, 3/8/2023


HB 388
  RE: Third-Party Agency Enforcement (by Rep. Doyle Heffley, et al)

Amends the Pennsylvania Construction Code Act, in adoption and enforcement by municipalities, further providing for administration and enforcement. Adds that a municipal code official can utilize a third-party agency to supplement the municipal code enforcement program's plan review and inspection services. Adds an expiration date for the paragraph on January 1, 2024. Adds additional enforcement mechanisms for intermunicipal agreements, including intergovernmental cooperation agreements providing joint enforcement and professional service contracts entered into which third-party agencies. Adds requirements for administration and enforcement by third-party agencies including written professional services contracts between the third-party agency and the municipality, prohibiting third-party agencies to contract with other municipalities and requires municipalities to consider several factors before entering an agreement including qualification, fee schedule, availability of services and input of affected stakeholders. Requires the permit applicant form a municipality to choose from a list of agencies approved by that municipality. Provides for waivers and the application for waivers. Outlines the furnish requirements for the certification forms. Provides for the duties of the municipality to include ensuring that the form for a permit application notifies the applicant of the third-party agency acting on behalf of the municipality, receive complaints about third-party agencies, certify third-party agencies and investigate complaints, and maintain a publicly accessible internet website and a record of all complaints filed. Adds that a city of the first class can designate an existing departmental board to act as the board of appeals of the city and advise the appropriate department that oversees building standards as to whether the appeal should be granted, modified or rejected.

Introduced and referred to House Housing and Community Development Committee, 3/14/2023


HB 694
  RE: Residential Building Inspectors (by Rep. Joe Hohenstein, et al)

Amends the Pennsylvania Construction Code Act, in training and certification of inspectors, providing for residential building inspectors to specify in addition to other requirements, a residential building inspector shall also complete five hours of continuing education in recognizing faulty construction practices and remedies available in federal and state law for homeowners to address faulty construction practices.

Introduced and referred to House Housing and Community Development Committee, 3/24/2023


HB 780
  RE: Concrete Curing (by Rep. Torren Ecker, et al)

Act providing for requirements for sampling and initial curing of concrete samples on commercial construction projects; and imposing penalties.

Introduced and referred to House Housing and Community Development Committee, 3/30/2023

 

HB 782  RE: Time to Fight Back for Communities (by Rep. Mike Schlossberg, et al)

Amends the Pennsylvania Municipalities Planning Code, providing for developments of regional significance and impact; and, in zoning hearing board and other administrative proceedings, further providing for jurisdiction.

Introduced and referred to House Local Government Committee, 3/30/2023


HB 560
  RE: Pennsylvania Permit Tracking and Notification Law (by Rep. David Zimmerman, et al)

Requires the Department of Environmental Protection to maintain a system for applicants to track the status of certain permit applications; and provides for permit notifications.

Introduced and referred to House Environmental Resources and Energy Committee, 3/20/2023


HB 57
  RE:  Professional License Applications—Paper Applications (by Rep. Clint Owlett, et al)

Amends Title 63 (Professions and Occupations (State Licensed)), in powers and duties, providing for application form for licenses, certificates, registrations and permits. Provides that no later than 120 days after the effective date of this section, the commissioner or a designee of the commissioner, on conjunction with each licensing board and commission, shall ensure that a proper application is available for individuals who meet specified criteria.

Introduced and referred to House Professional Licensure Committee, 3/8/2023


HB 565
  RE: Reducing Burdens on Licensing for Professional Engineers (by Rep. David Zimmerman, et al)

Amends the Engineer, Land Surveyor and Geologist Registration Law, repealing the requirement that four or more years of progressive experience in engineering work must occur after the issuance of an engineer-in-training certificate.

Introduced and referred to House Professional Licensure Committee, 3/20/2023


SB 188
  RE: Economically Significant Regulation (by Sen. John DiSanto, et al)

Amends the Regulatory Review Act providing that an economically significant regulation is a regulation that, if promulgated and implemented, may reasonably be expected to result in a direct or indirect cost to the commonwealth, to its political subdivisions and to the private sector in excess of $1 million on an annual basis. Provides that a general permit is a permit issued by the Department of Environmental Protection in accordance with the provisions of the Federal Water Pollution Control Act, Administrative Code of 1929, the Clean Streams Law, the Solid Waste Management Act, and the Municipal Waste Planning, Recycling and Waste Reduction Act. Establishes that estimates of direct and indirect costs to the commonwealth shall be verified by the Independent Fiscal Office prior to the agency submitting them to the Independent Regulatory Review Commission. Provides that except for emergency-certified regulations, if a regulation is an economically significant regulation, the General Assembly adopts a concurrent resolution. Establishes the requirements for the General Assembly to adopt concurrent resolutions.

Reported as committed from Senate Intergovernmental Operations Committee, and read first time, 3/8/2023

 

SB 190 RE: Economically Significant Regulation (by Sen. Michele Brooks, et al)

Amends the Regulatory Review Act further providing for definitions and for existing regulations. Adds the definition for "economically significant regulation," and requires the agency to report to the commission the status, impact, and direct and indirect cost of any economically significant regulation in effect for three years.

Reported as committed from Senate Intergovernmental Operations Committee, and read first time, 3/8/2023


HB 137
 RE: Solar for Schools Act (by Rep. Elizabeth Fiedler, et al)

Establishes the Solar for Schools Grant Program; providing for powers and duties of the Department of Community and Economic Development; and making an appropriation. Establishes the Solar for Schools Grant Program in the department, provides for the use of the grants for eligible applicants and provides the powers and duties of the department to include establishing guidelines, developing minimum information to be included in a solar feasibility assessment, providing technical assistance, developing educational materials, providing information relating to the program and entering agreements with third-party providers as necessary to administer the program. Provides for an application and application requirements for schools. Provides for a prevailing wage requirement. Provides grant awards at the department's discretion and outlines the criteria for receiving grants. Outlines the best practices for applicants receiving a grant. Adds guidelines and audit requirements. Appropriates $500 million to the department for the program.

Introduced and referred to House Environmental Resources and Energy Committee, 3/20/2023


SB 191
  RE: State Highway Law Revision  (by Sen. Scott Hutchinson, et al)

Amends the State Highway Law, in rural state highway system and state highways in cities, boroughs and towns, requiring the department to construct and maintain all surface and subsurface drainage facilities connected with State highways within boroughs and incorporated towns with populations of up to 2,500.

Rereferred to Senate Appropriations, 3/6/2023


HB 181
  RE: Family and Medical Leave Insurance Act (by Rep. Dan Miller, et al)

Establishes the Family and Medical Leave Insurance Program.

Introduced and referred to House Labor and Industry Committee, 3/9/2023


SB 504
  RE: Association Health Plans (by Sen. Jim Brewster, et al)

Amends Title 40 (Insurance), in regulation of insurers and related persons generally, establishing Chapter 41 regarding association health plans. The bill provides policy requirements for associations offering health insurance and insurer requirements regarding the health insurance policy.

Introduced and referred to Senate Banking and Insurance Committee, 3/6/2023


Upcoming Meetings of Interest

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/

April               24, 25, 26

May                 1, 2, 3, 22, 23, 24

June                 5, 6, 7, 12, 13, 14, 20, 21, 22, 26, 27, 28, 29, 30

April                24, 25, 26

May                 1, 2, 3, 8, 9, 10

June                5, 6, 7, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30

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

1:30 PM – 3:00 PM

2023 Meeting Schedule: June 8, August 10, November 16

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

Next meeting dates: September 14, 2023 @ 9 am • January 4, 2024 @ 9 am • February 1, 2024 @ 9 am (RAC Public Hearing – East) • February 29, 2024 @ 9 am (RAC Public Hearing – Harrisburg) • March 28, 2024 @ 9 am (RAC Public Hearing – West) 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