This Month in the PA Bulletin:
Governor’s Office Publishes Regulatory Agenda
Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication semi-annually an agenda of regulations under development or consideration. The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.
Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments. This Agenda represents the Administration’s present intentions regarding future regulations. The information provided is current as of July 1, 2019. The following regulation announcements of interest to contractors were published in the Saturday, August 10, 2019 issue of the PA Bulletin.
Regulation Being Considered
Proposed Date of Promulgation
Need and Legal Basis for Action
Department of State (DOS)
State Registration Board for Professional Engineers, Land Surveyors and Geologists
Electronic Seals and Signatures
Summer 2019, as Proposed
The proposed regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with proposed regulations of the State Architects Licensure Board and the State Board of Landscape Architects to provide all design professionals with standards that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.
Commissioner of Professional and Occupational Affairs
Summer 2019, as Final
The proposed rulemaking would implement the expungement provisions in the act of February 15, 2018 (P.L. 14, No. 6), which authorizes the Commissioner of Professional and Occupational Affairs to expunge certain disciplinary actions upon application, and to require the applicant to pay a fee to cover all costs associated with the expungement as established by the Commissioner by regulation.
Rowe Easily Wins Special Election to Succeed Keller
Republicans held on to the state House’s 85th Legislative District seat in the special election held August 20. Republican David Rowe defeated Democrat Jennifer Rager-Kay with roughly 63% of the 10,000 plus who voted in a mid-summer standalone election. The result, which was expected, keeps the in the GOP’s hands. Rowe, a small business owner and current vice chair on the East Buffalo Township, Union County board of supervisors, fills the seat, which covers parts of Union and Snyder counties, vacated by Rep. Fred Keller, who won election to the United States Congress in May as part of a special election earlier this year. Rager-Kay, a Selinsgrove physician, lost to Keller in the 2018 election for the state House seat.
The following bills and co-sponsorship memos for bills to be introduced of interest to PSLS were acted on by the General Assembly this past month.
Bidding / Contracting
Amends Title 62 (Procurement), in small and disadvantaged businesses, further providing for definitions, providing for authority to waive employee limit, for alternative certification, for contractor performance and general conditions, for mentor-protege program and for small business reserve program; establishing the Surety Bond Guarantee Program and the Surety Bond Guarantee Fund to assist disadvantaged businesses to competitively bid for governmental contracts; and, in contracts for public works, further providing for contractors’ and subcontractors’ payment obligations. The department or a commonwealth agency may waive the small business employee limit requirement in order to promote and create economic opportunities for disadvantaged businesses. The department shall include information regarding such waiver in its annual report to the legislature.
Introduced and referred to House State Government Committee, 8/16/2019
Amends Title 62 (Procurement), in general provisions, further providing for definitions; in procurement organization, further providing for specific construction powers, duties and procedures; in procurement of construction and design professional services, further providing for procurement of design professional services; providing for project delivery methods; and making a related repeal. The bill establishes that a government agency or a state-related institution shall utilize a project delivery method for the procurement of construction services for the design, erection, construction and alteration of a public building in this commonwealth if the total cost of the work exceeds $4,000.
Introduced and referred to Senate Labor and Industry Committee, 8/15/2019
Cosponsor memo filed
HCO2397 (T. Davis) – Municipal Engineers Package Introduces a package of bills which will require townships of the first and second class, boroughs, and third class cities to appoint at least two engineers through a competitive bid process.
SB 810 RE: Office of Information Technology (by Sen. Kristin Phillips-Hill, et al)
Amends Title 71 (State Government), in boards and offices, establishing Chapter 43 for Information Technology; establishing the Office of Information Technology and the Information Technology Fund; establishing administrative procedures and procurement regarding information technology and for the Joint Cybersecurity Oversight Committee; imposing duties on the Office of Information Technology; and imposing penalties. The legislation establishes the Office of Information Technology (OIT) within the Governor’s Office of Administration to oversee and achieve information technology consolidation. The legislation allows OIT to consolidate and oversee all IT systems and contracts within the executive branch and requires that each agency’s chief information technology employee work under OIT in their respective agency. The legislation further requires each agency to adopt new cybersecurity standards and establishes a committee on cybersecurity to be comprised of members of both chambers and their IT staff. The legislation establishes civil penalties for violation of the act.
Introduced and referred to Senate Communications and Technology Committee, 8/7/2019
Cosponsor memo filed
HCO2422 (Saylor) – Resolution – “Put the Brakes on Fatalities Day” in Pennsylvania A Resolution declaring October 10, 2019, as Put the Brakes on Fatalities Day in Pennsylvania.
HB 1743 RE: Professional and Occupational Licensing Information Disclosure Act (by Rep. Curt Sonney, et al)
Provides an individual who has a license, registration, certification or permit from a licensing board or commission to practice in the commonwealth may not be required to disclose information to any entity or person relating to a complaint filed with, or investigation or inquiry by, the Department of State or Bureau of Professional and Occupational Affairs on behalf of any licensing board or commission, when the complaint, investigation or inquiry was closed without the filing of disciplinary charges or the imposition of any type of civil penalty against the individual or the individual’s license, registration, certification or permit.
Introduced and referred to House Professional Licensure Committee, 8/16/2019
HB 1763 RE: Legislation to put Engineers with Foreign Degrees to work more quickly in PA (by Rep. Tarah Toohil, et al)
Amends the Engineer, Land Surveyor and Geologist Registration Law, further providing for procedure for licensing as professional engineer.
Amends the Apprenticeship and Training Act adding language providing rules and regulations under section 4 (a)(2) regarding the ratio of apprentices to journeymen shall be consistent with proper supervision, training and continuity of employment. Further provides for what the rules and regulations may not require.
Introduced and referred to House Labor and Industry Committee, 8/16/2019
Copies of all bills of interest can be accessed via the Internet here.
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/
The House and Senate are in recess until September.
WEDNESDAY – 9/4/19
House Democratic Policy Committee
2:00 p.m., Furness Horace High School, 1900 South 3rd Street, Philadelphia
Public hearing with Rep. Elizabeth Fiedler on school building toxic conditions and emergency funding
WEDNESDAY – 9/11/19
Senate Environmental Resources and Energy Committee
1:00 p.m., Antrim Brethren in Christ Church, 24 Kauffman Road East, Chambersburg
Public hearing to discuss Municipal Separate Sewer System (MS4) requirements
2019 SENATE SESSION SCHEDULE
September 23, 24, 25
October 21, 22, 23, 28, 29, 30
November 18, 19, 20
December 16, 17, 18
2019 HOUSE SESSION SCHEDULE
September 17, 18, 19, 23, 24, 25
October 21, 22, 23, 28, 29, 30
November 12, 13, 14, 18, 19, 20
December 9, 10, 11, 16, 17, 18
2020 HOUSE SESSION SCHEDULE
January 7 (non-voting), 13, 14, 15, 21, 22
February 3, 4, 5
March 16, 17, 18, 23, 24, 25
April 6, 7, 8, 14, 15, 16, ELECTION BREAK
May 4, 5, 6, 11, 12, 13, 18, 19, 20
June 1, 2, 3, 8, 9, 10, 15, 16, 17, 22, 23, 24, 25, 26, 29, 30
State Registration Board for Professional Engineers, Land Surveyors and Geologists Meeting Schedule
Remaining 2019 Meeting Dates (Subject to change): September 11, November 13
All Board meetings are held at Penn Center, 2601 N. 3rd Street, Harrisburg, PA, at 9:30 a.m.
Other meeting dates may be scheduled as needed.