Time to Make the Push for Updates to the Registration Act

Due to a Commonwealth Court ruling, Pennsylvania’s licensing law for professional engineers and land surveyors now has a severely narrowed scope of practice.  The case, Davy Resource Group v. State Registration Board for Professional Engineers, Land Surveyors and Geologists, dealt with the location of telephone polls for a rural electric company.  The Company, better known as Davy Tree for its tree trimming business, was cited for performing the location work without any licensed engineers or land surveyors involved.  The Registration Board found them in violation of the law.  However, Davy prevailed on an appeal to the Pennsylvania Commonwealth Court.  The most troubling part of this is how the Court reached its conclusion. 

The Board cited Davy for violating a section of the Registration Act that defines “Engineering Land Surveys.”  The practice of “Engineering Land Surveys” is a joint area that may be practiced by both licensed engineers and licensed land surveyors.  Because of that, the Court pulled into its reasoning various other parts of the law.  In what can only be described as a giant leap beyond the facts of the case, the Court opined that because engineering is defined as “the application of the mathematical and physical sciences for the design of public or private building…”, no violation of the Act occurred, because the services Davy provided were not in connection with a design.   This tortured reasoning obviously gave no consideration to the fact that there are a multitude of activities that are restricted to licensed engineers in Pennsylvania and every other state.  As things stand now, the decision calls into question if just anyone can perform a structural inspection, an environmental impact study, or any number of other activities that have traditionally been considered the purview of professional engineers.

PSPE and the Pennsylvania Society of Land Surveyors have been working on a solution to the problems caused by the decision.  Last year, legislation was introduced to clear up the problems.  House Bill 1106 was introduced in April and passed the House in June by a vote of 188-1.  When the bill reached the Senate, concerns were raised by the County Commissioners (CC) organization regarding where the practice of land surveying ends and GIS consulting begins.  After several months of negotiations, there is agreement on an amendment that satisfies the CC concerns. 

However, there remains a problem with moving the bill forward.  Davy engaged a lobbying firm that convinced a number of utility companies that the bill creates a problem for them.  This opposition has stalled the bill in the Senate Consumer Protection and Professional Licensure committee.  To break the bill loose, we URGENTLY need your help.  Use this link below to contact your state senator and ask him/her to help to get the bill moving immediately: https://www.nspe.org/resources/issues-and-advocacy/voter-voice-legislative-action-center?vvsrc=%2fcampaigns%2f51500%2frespond

If House Bill 1106 doesn’t pass, Pennsylvania will have the weakest licensing law in the nation and the public will most definitely be put in jeopardy, as well as your practice and standing as a Professional Engineer.

DOH Publishes Notice of Adoption of the 2018 Editions of the Guidelines for Design And Construction Of Hospitals And Guidelines For Design And Construction Of Outpatient Facilities

As of November 1, 2018, the Department of Health will apply the new requirements of the Guidelines for Design and Construction of Hospitals and Guidelines for Design and Construction of Outpatient Facilities to all plans for new construction or renovations for hospitals and ambulatory surgical facilities. The department currently applies the 2014 edition of the Guidelines for all new construction, renovations or modernization of hospitals and ambulatory surgical facilities. For more information, contact Charles A. Schlegel, Director, Division of Safety Inspection, Department of Health, 2150 Herr Street, 1st Floor, Harrisburg, (717) 787-1911.

https://www.pabulletin.com/secure/data/vol48/48-16/609.html

Legislative Activity

The following bills of interest to PSPE have been introduced and/or acted upon in the past month.

Bidding / Contracting

HB 566  RE: Contractor and Subcontractor Payment (by Rep James Santora, et al)

Amends the Contractor and Subcontractor Payment Act further providing for owner’s payment obligations and for contractors’ and subcontractors’ payment obligations. If payment is not received by a contractor or subcontractor as required, the contractor shall have the right to suspend performance of any work, without penalty, until payment is received in full. Stipulates that the provisions of the act cannot be waived in a contract. Requires a written explanation of a good-faith reason to be given when the payment is retained for a deficiency item. Provides that a contractor or subcontractor to facilitate the release of retainage on its contract before final completion of the project by posting a maintenance bond with approved surety for 120 percent of the amount of retainage being held; and provides that if the withholding of retainage is longer than 30 days after the acceptance of the work, a written explanation must be provided.

Laid on the table, removed from the table, 4/17/2018

Budget Related Bills

SB 995  RE: Capital Budget Act of 2018-2019 (by Sen. Vincent Hughes, et al)

Provides for the capital budget for the fiscal year 2018-2019 and appropriates $1,010,000,000. Effective July 1, 2018, or immediately, whichever is later.

Reported as committed from Senate Appropriations Committee, and read first time, 4/23/2018

Read second time, 4/24/2018

Rereferred to Senate Appropriations Committee, 4/25/2018

Environmental Building Standards

HB 1486  RE: High Tunnels (by Rep. David Zimmerman, et al)

Amends the Storm Water Management Act, further providing for definitions and for effect of watershed storm water plans. The bill defines “high tunnel” and establishes when a high tunnel shall be exempt from provisions. It also states that any municipality that has adopted a local ordinance or regulations that regulates high tunnels following a watershed storm water plan prior to the effective date shall amend the ordinance or regulation to comply with the subsection.

Signed in the House, 4/9/2018

Approved by the Governor, 4/18/2018 (Act No. 15 of 2018)

Local/State Government/Regulations

HB 2222  RE: Groundwater Regulations Reform (by Rep. Dan Moul, et al)

Amends Title 27 (Environmental Resources), in water resources planning, providing for departmental control of groundwater matters and for groundwater regulation review.

Filed, not yet referred to a committee, 4/4/2018

SB 114  RE: Termination of Sewer Service to Commercial Properties (by Sen. John Eichelberger, et al)

Amends Title 53 (Municipalities Generally), in municipal authorities, providing for purposes and powers in the case of an authority that has agreed to provide sewer service to a nonresidential property owner and that owner has failed to pay a sewer bill for at least six months.

Received in the House and referred to House Local Government Committee, 4/2/2018

SB 595  RE: Electronic Notarization of Documents By Notaries (by Sen. Mike Folmer, et al)

Amends Title 57 (Notaries Public) adding a new section to permit the electronic notarization of documents by notaries located in the Commonwealth. Provides for the electronic notarization of documents using any electronic device that allows a notary and a remotely located individual to communicate with each other simultaneously by sight and sound. Requires all notarial certificates to indicate the individual was remotely located. Further provides for a process and conditions for notarizing documents electronically when an individual is located outside the United States. Also requires a notary, prior to performing their first electronic notarization, to notify the Department of State of their intent and identify the technology the notary will be using. Requires the department to promulgate the appropriate regulations to carry out the provisions of the new section. Sections 304 (c) relating to certification of tangible copies; 314.1 (h) and (j) relating to regulations and definitions; and 320 (c) relating to certification of tangible copies shall take effect immediately and the remainder shall take effect January 1, 2020.

Reported as amended from Senate State Government, 4/17/2018

Rereferred to Senate Appropriations Committee, 4/23/2018

Permitting

HB 1959  RE: Permit Administration Act (by Rep. Greg Rothman, et al)

Provides for the administration of permits by state agencies, for a tracking system for permit applications, for the establishment of permit programs and for annual reports. The bill requires state agencies to establish, maintain and make available a secure tracking system for applicants to track the status of applications on their websites. Delineates the types of categories that are required for reporting to the General Assembly.

Removed from the table, 4/16/2018

Professional Licensure

HB 1343  RE: Continuing Ed Credit Carryover (by Rep. Harry Readshaw, et al)

Amends the act entitled, “An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension,” adding that in addition to disciplinary powers and duties, boards and commissions shall have the power to provide for the carryover of any continuing education credits in excess of the number required for biennial renewal. The carryover shall be valid for one biennial renewal term only.

Removed from the table, 4/9/2018
Read second time, and rereferred to House Appropriations Committee, 4/10/2018
Reported as committed from House Appropriations Committee, read third time, and passed House, 4/11/2018 (190-0)
Received in the Senate and referred to Senate Consumer Protection & Prof. Licensure Committee, 4/17/2018

Sales/Use Tax

HB 76  RE: Property Tax Independence Act (by Rep. Jim Cox, et al)

Provides for tax levies and information related to taxes; authorizes the imposition of a personal income tax or an earned income tax by a school district subject to voter approval; provides for imposition of and exclusions from a sales and use tax for the stabilization of education funding, for increase to the personal income tax, for certain licenses, for hotel occupancy tax, for procedure and administration of the tax, for expiration of authority to issue certain debt and for reporting by local government units of debt outstanding; establishes the Education Stabilization Fund; provides for disbursements from the Education Stabilization Fund and for senior citizen property tax and rent rebate assistance; and makes repeals. The intent of the bill is to eliminate all school property taxes across the Commonwealth (with the exception of those retained to retire current debt) and will replace those taxes with funding from the Personal Income Tax and the Sales & Use Tax by broadening the sales tax to include more services and products at a new rate of seven percent. Portions are effective June 30, 2018; portions are effective January 1, 2018; and the remainder is effective immediately.

Introduced and referred to House Finance Committee, 4/10/2018

School Construction

Cosponsor memo filed

SCO1355 (Brewster) – Excludes state reimbursement for school building construction or rehabilitation projects through the state’s PlanCon process if the scope of the work does not include baseline school safety features.

Filed, 4/4/2018

Worker’s Comp

SB 936  RE: Worker’s Comp Drug Formulary (by Sen. Don White, et al)

Amends the Workers’ Compensation Act, in liability and compensation, further providing for prescription drugs and the treatment of work-related injuries; and, in procedure, further providing for peer review. The bill requires the department to select a nationally recognized, evidence-based prescription drug formulary appropriate for resolving issues related to drugs prescribed for or related to the treatment of work-related injuries and establishes requirements related to the formulary for comment periods, selection factors, costs, annual review, online availability, savings calculations, and utilization review. The bill also places requirements on utilization review organizations and peer review organizations for certification.

House Kauffman/Mackenzie motion to reconsider vote by which SB 936 was defeated, 4/16/2018
Passed House, 4/16/2018 (101-92)
Signed in the Senate and House, 4/17/2018

Vetoed by the Governor, 4/27/2018

Workforce Development

HB 25  RE: CareerBound Act (by Rep. Ryan Mackenzie, et al)

Provides for the creation and implementation of up to seven school-to-work pilot programs in the Department of Labor and Industry, to be known as CareerBound, and provides a tax credit to businesses that participate in the program. A school-to-work pilot program shall expire at the end of the fourth school year of operation and the department shall issue a report on the programs following their expiration. Requires program partners to set objectives and measurable goals; requires Department of Labor and Industry to set outcome-based metrics used to evaluate all programs in annual and final reports; allows contributing businesses to designate which program their contributions would support; enumerates and allows Pennsylvania institutions of higher learning to participate in CareerBound; includes “soft skills” in curriculum requirements; gives priority to programs targeting middle school and early high school students; and clarifies that the Department of Labor and Industry and the Pennsylvania Department of Education must provide program partners with informational resources. Requires additional consideration be given to a pilot program which is integrated into a school partner’s curriculum as a credit course.

Reported as committed from House Appropriations Committee, read third time, and passed House, 4/16/2018 (194-1)

HB 2115  RE: Consolidation of the Commonwealth’s Workforce Development System (by Rep. Justin Walsh, et al)

Amends the Community & Economic Development Enhancement Act, in transfers of functions; transferring function, duties & entities to DCED; providing for State Apprenticeship & Training Council; providing for membership to the council.

Introduced and referred to House Labor and Industry Committee, 4/4/2018

Copies of all bills of interest can be accessed via the Internet here