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Rep. David Zimmerman (R-Lancaster)’s, HB 1801, which would allow an applicant for the PE to count his years of progressive experience working under the direction of a PE even if the experience was obtained prior to the passage of the EIT exam, passed the House unanimously on October 26. The bill was referred to the Senate Consumer Protection & Professional Licensure Committee, where it awaits action. Members are encouraged to contact their Senators to support this measure.

The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on October 8, via Webex, 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 Robert Kudlawiec, PE, reported that he attended the recent NCEES meeting. Several motions passed. Member Francis Stanton, PE, also attended the NCEES meeting. They discussed exam issues, including adding a plumbing exam portion.

∙ Board VP Joseph McNally, PG, asked for approval to attend the upcoming ASBOG meeting. Commissioner Johnson noted that although travel limits have been reduced, it is still recommended that members attending national meetings take advantage of Zoom options when offered, for safety and budgetary reasons.

∙ BPOA Commissioner Kalonji Johnson noted that the General Assembly recently passed a law (Act 73) extending some of the COVID-19 emergency waivers, including the ability of licensing Boards to hold meetings remotely. This will remain in effect through March of 2022.He also announced the return to wall certificates.

∙ Board Prosecutors Caroline Baily and Glenn Masser, Esq., presented several cases, which the Board had discussed in Executive Session. The board approved the Consent Agreements.

∙ Board Counsel Bill Fritz presented two Act 41 licensure applications, one of which was approved, and one was preliminarily denied. Fritz also noted that the long-awaited Seals regulation will be on the next meeting agenda for approval, and expected IRRC approval of the Act 41 regulation in  November.

∙ The Board discussed two bills with regard to the Registration Act. Brinkash moved that the Board endorse the current version of HB 609, noting that DRG supports the version. He asked that the Commissioner convey the position to the Department, which he agreed to do. Member Tabas noted the presence of Senate staff in the audience, and asked her for comment. She said she appreciated the input. Fritz also noted that HB 1801, which deals with narrower scope issues, was moving. Szalankiewicz stated his support for that bill, as well.

The November 5 Board meeting has been CANCELLED. Next meeting is January 21 @10:30.

Future 2022 Board meeting dates: March 9 @10:30, May 16, July 13, September 23, November 8

Meetings will be held remotely until further notice.

This Month in the PA Bulletin 

 The Department of Environmental Protection provides notice for a new, renewed, other amended National Pollutant Discharge Elimination System (NPDES) or Water Quality Management (WQM) permit, or a permit waiver for certain stormwater discharges, or have submitted a Notice of Intent (NOI) for coverage under a general permit. The applications and NOIs concern, but are not limited to, effluent discharges from sewage treatment facilities and industrial facilities to surface waters or groundwater; stormwater discharges associated with industrial activity (industrial stormwater), construction activity (construction stormwater), and municipal separate storm sewer systems (MS4s); the application of pesticides; the operation of Concentrated Animal Feeding Operations (CAFOs); and the construction of sewage, industrial waste, and manure storage, collection and treatment facilities. Additional information on applications can be found at the Pennsylvania Bulletin: https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol51/51-41/1695.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.

SB 208  RE: Financial Security (by Sen. John DiSanto, et al) | Amends the Pennsylvania Municipalities Planning Code, in subdivision and land development, providing for completion of improvements or guarantee thereof prerequisite to final plat approval, establishing that the financial security equals but does not exceed 110 percent, and providing that the engineer of the project may retain 10 percent of the estimated cost of the remaining improvements.

  • Reported as committed House Local Government Committee, read first time, and laid on the table, 10/26/2021


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 amended from Senate Local Government Committee, and read first time, 10/19/2021
  • Read second time, 10/26/2021


SB 879  RE: Wage Payment and Collection Law (by Sen. Nikil Saval, et al) | Amends the Wage Payment and Collection Law adding a section providing a general contractor is jointly and severally liable for a violation of the act that is committed by a subcontractor who provides labor or materials for construction services for the real property that is the subject of the construction contract, regardless of whether the subcontractor is in direct contractual relationship with the general contractor. Requires a subcontractor to indemnify the general contractor for wages, damages, interest and attorney fees paid by the general contractor as a result of the subcontractor's violation of the act. Further provides a subcontractor shall not be required to indemnify the general contractor if the indemnification is provided in the construction contract between the general contractor and the subcontractor or a violation of the act arose due to the lack of prompt payment in accordance with the term of the construction contract between the general contractor and the subcontractor.

  • Introduced and referred to Senate Labor and Industry Committee, 9/27/2021

SB 915  RE: Capital Budget Project Itemization Act of 2021-2022 (by Sen. Pat Browne, et al) | Provides for the budget for fiscal year 2021-2022; itemizes public improvement projects, furniture and equipment projects, transportation assistance, redevelopment assistance projects, flood control projects, and provides appropriations. This act outlines the projects included in the budget and their allocation for the fiscal year organized by department and county. Effective immediately.

  • Introduced and referred to Senate Appropriations Committee, 10/18/2021
  • Reported as amended from Senate Appropriations Committee, and read first time, 10/26/2021
  • Read second time, and rereferred to Senate Appropriations Committee, 10/27/2021


SB 597  RE: Water Quality Accountability Act (by Sen. Pat Stefano, et al) | Amends Title 27 (Environmental Resources), in special programs, establishing Chapter 67 related to water quality accountability. Provides that a water system operator shall implement an asset management plan designed to inspect, maintain, repair and renew its water and wastewater infrastructure consistent with standards and enumerates what should be in the plan. Provides that a water system operator shall have the duty to inspect and repair or replace critical valves. Provides that no water meter that has an error in registration of more than two percent may be placed in service, nor may a water meter that has an error in registration of more than 4 percent be allowed to remain in service, when water is passing through the meter at certain rates of flow. Provides that within one year of the effective date, a water system operator shall submit a plan to remove and replace all lead service lines within or connected to the operator's public water system. Provides for the development of a cybersecurity system, annual information to customers, regulations, contingency for public funding and enforcement.

  • Laid on the table, removed from the table, 10/19/2021
  • Local/State Government/Regulations


HB 860  RE: Smoke Alarm Responsibility Act (by Rep. Todd Polinchock, et al) | Regulates certain smoke alarm devices; provides for owner responsibilities; and prescribes penalties. The legislation establishes that no person may distribute, sell, offer for sale or import a smoke alarm device unless the device is an approved smoke alarm, and that the owner of a dwelling who leases a dwelling shall, prior to execution of the lease, equip the dwelling with an approved smoke alarm device. The legislation provides owner and tenant responsibilities for smoke alarms, and that a violation is a summary offense punishable by a fine up to $50. Nothing in the act shall be construed as requiring an owner of a dwelling unit to replace a working smoke alarm that is not more than 10 years old.

  • Removed from the table, 10/4/2021

HB 1877  RE: Boundary Changes (by Rep. Robert Freeman, et al) | Amends Title 53 (Municipalities Generally), in alteration of territory or corporate entity and dissolution, providing that when a boundary changes and results in a municipal corporation that lies partly in one county and partly in one or more other counties, the territory within the municipal corporation shall, for county purposes, be and remain a part of the county in which the respective territory is physically located. Provides general rules for stream boundaries and boundary change agreements by abutting municipal corporations. A court of common pleas may, upon presentation of a petition, ascertain and establish disputed boundaries of two or more municipal corporations. Further provides for judicial ascertainment procedure. Repeals statute that is inconsistent with this act.

  • Reported as amended from House Local Government Committee, read first time, and laid on the table, 10/26/2021

HB 1801  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 the engineer-in-training certificate.

  • Reported as committed from House Professional Licensure Committee, read first time, and laid on the table, 10/4/2021
  • Removed from the table, 10/6/2021
  • Read second time, and rereferred to House Appropriations Committee, 10/25/2021
  • Reported as committed from House Appropriations Committee, read third time, and passed House, 10/26/2021 (198-0)
  • Received in the Senate and referred to Senate Consumer Protection & Prof. Licensure Committee, 10/26/2021


HB 1868  RE: Veterans' Licensure (by Rep. Zach Mako, et al) | Amends Title 63 (Professions and Occupations), adding provisions relating to veterans' licensure by providing for representation on licensing boards, for expedited license, for military experience in place of education criteria. The legislation provides that the governor shall provide preference to and strive to achieve the goal of one service member, veteran or military spouse serving on a licensing board who shall be a public member and not an elected or appointed member. The legislation further provides for military experience in the place of education criteria and for expedited temporary license to a qualified applicant who meets specified criteria. The legislation provides for the calculation of a qualified applicant's experience obtained as a servicemember, renewal of license for deployed members, exclusion from fee assessment for military spouses in specified circumstances, and reporting requirements.

  • Reported as amended from House Professional Licensure Committee, read first time, and Laid on the table, 10/4/2021
  • Removed from the table, 10/6/2021
  • Read second time, and rereferred to House Appropriations Committee, 10/25/2021

HB 523  RE: Repair of Private Roads (by Rep. Gary Day, et al) | Amends the General Road Law further providing for repair of private roads and establishing that a private road shall be opened, fenced, and kept in repair by and at the expense of the property owner at whose request the private road was granted and by the property owner's heirs and assigns. Further provides that each property owner who shares a common benefit from a private road shall contribute in proportion to the amount of private road owned to the cost of maintaining the private road and shall have the right to bring a civil action to enforce this requirement. Exempts private roads subject to a written maintenance agreement, a private road establishes by the commonwealth or by a municipality entitled to exceptions relating to eminent domain, or to a private road within a common interest ownership community related to real and personal property. Establishes that a definition for municipality shall mean a county, city, borough, incorporated town or township.

  • Approved by the Governor, 10/7/2021. Act No. 75 of 2021

Upcoming Meetings of Interest

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

  • November       All meetings canceled for November
  • December       13, 14, 15

  • November       8, 9, 10, 15, 16, 17
  • December       13, 14, 15

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

These dates are subject to change

  • January        4 (NV), 10, 11, 12, 24, 25, 26
  • February      7, 8, 9
  • March           21, 22, 23, 28, 29, 30
  • April             11, 12, 13, 25, 26, 27
  • May              23, 24, 25
  • June             7, 8, 9, 13, 14, 15, 20, 21, 22, 23, 24, 27, 28, 29, 30
  • September  12, 13, 14, 19, 20, 21
  • October       24, 25, 26
  • November  14, 15, 16

  • Date: Thursday, December16, 2021
  • Time:  9:00 am
  • Location: Rachel Carson State Office Building, Room 105
  • Address: 400 Market Street, Harrisburg, PA.
  • Individuals may attend the meeting in person or remotely. Individuals interested in providing public comments during the meeting are encouraged to sign up in advance by contacting Todd Wallace at twallace@pa.gov  or (717) 783-6395.
  • Information on how to join the meeting, as well as agenda and meeting materials, will be available on the board's webpage. Questions concerning the December 2021, meeting can be directed to Wallace. https://www.dep.pa.gov/Business/Energy/OilandGasPrograms/OilandGasMgmt/OilGasTech/Pages/default.aspx

  • Date: Wednesday, October 13, 2021
  • Time: 10:00 am
  • Location: Rachel Carson State Office Building, 12th Floor Conference Room
  • Address: 400 Market Street, Harrisburg
  • Individuals may attend the meeting in person or remotely. Individuals interested in providing public comments should sign up in advance by contacting Amy Forney at aforney@pa.gov  or (717) 772-2186