Capitol Quiet During Summer Recess, Still Issues to Arise in Fall

The state capitol has been relatively quiet this past month, as the House and Senate have gone home for the post-budget recess. As the update below reflects, there has been little legislative activity, even at the committee level, this past month. The lull is expected to continue through August, then things will heat up as the fall session resumes in September. As is the case in June, legislative leaders in the House and Senate will be developing a “trade list” of bills to be acted on in the waning months of the session, which officially ends November 30, but by recent tradition effectively will be done from a legislative standpoint at the end of October, as no voting days are scheduled after the November election. Although it appears quiet, your lobbyists are working to keep tabs on what may or may not be considered in those last few weeks, and will bring issues to your attention as appropriate. Among those bills of interest, of course, is HB 1106, which updates definitions of engineering and surveying to address issues raised by the “Davey Tree” case. The bill remains in the Senate Consumer Protection and Professional Licensure Committee, while negotiations with varies parties continue. Members are encouraged to contact their Senators and ask for support for this bill. This can be easily done by clicking the following link, and following the directions. https://www.nspe.org/resources/issues-and-advocacy/voter-voice-legislative-action-center?vvsrc=%2Fcampaigns%2F51500%2Frespond

DEP Announces Pennsylvania Small Business Advantage Grant Availability

The Department of Environmental Protection announced the availability of up to $1 million in grant funding for the Commonwealth’s Small Business Advantage Grant Program. The program assists small businesses to create energy efficiency, pollution prevention or natural resource conservation projects. The program is a first-come, first-served grant program that provides up to 50 percent matching grants, up to a maximum of $9,500 and eligible projects must save the small business a minimum of $500 and at least 25 percent annually in energy consumption or pollution related expenses. This year DEP will accept applications for natural resource protection projects focused on preventing soil erosion and improving water quality. Natural resource protection projects are exempt from the minimum savings requirements; however, projects must quantify the sediment and nutrient diversion from the directly related receiving waterway to be eligible. To be considered for a Small Business Advantage Grant, the applicant must have 100 or fewer employees, be a for-profit small business owner and be taxed as a for-profit business in this commonwealth. Application guidance, required forms and information are located on the department’s website at www.dep.pa.gov. For further information, contact the department’s Small Business Ombudsman Office at epAdvantageGrant@pa.gov  or (717) 772-5160.

State Registration Board for Professional Engineers, Land Surveyors and Geologists July 11 Meeting Highlights

  • The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on July 11 in Harrisburg. Following are the highlights.
  • Board President Theodore Tesler, PG, welcomed Board members and guests. He noted the welcome return of James Szalankiewicz, PE, PLS to the Board.
  • Board Prosecutor Robert Armour, Esq. reviewed 2 Consent Agreements for deliberation in Executive Session, and noted the Board had three informal conferences with licensees prior to the meeting.
  • BPOA Commissioner Ian Harlow did not attend the meeting.
  • Board Regulatory Counsel Tom Blackburn was not in attendance, but asked through Board Counsel Ariel O’Malley that the Board approve the Seals regulation for publication as proposed. Approved.
  • Board Administrator Jeannie Bronshtein noted that David Pennoni had been reappointed by the Governor, and will likely be confirmed by the Senate in the fall.

Legislative Activity

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

Environmental Building Standards

SB 564  RE: Bridge Fencing Safety Act (by Sen. Gene Yaw, et al)

Provides for installation of protective fencing on certain state-owned bridges and for powers and duties of the Department of Transportation. When a bridge is built with a sidewalk or a concrete barrier is installed, modified or rehabilitated on a bridge with a sidewalk over an interstate or other limited access highway, the department shall install protective fencing. When a bridge is built without a sidewalk or a concrete barrier is installed, modified or rehabilitated on a bridge without a sidewalk over an interstate or other limited access highway, the department, as part of its preliminary design process, shall consider installation of protective fencing at certain locations near schools, playgrounds and urban areas; where otherwise deemed necessary; or where there have been incidents of objects being dropped or thrown from the overpass. The department shall consider installation of protective fencing at similar locations on bridges over non-limited access highways. The department shall, as part of the department’s preliminary design process for the building of a bridge or the installation, modification or rehabilitation of a concrete barrier on a bridge, consider installation of protective fencing if the department has direct notice of an instance of suicide or attempted suicide or increased surveillance or intervention or installation of warning signs or other deterrence measures has not previously resulted in a decrease in the instance of suicide or attempted suicide.

Signed by the Governor, 6/28/2018. Act No. 65 of 2018

Local/State Government/Regulations

HB 2554  RE: PA Construction Code Enforcement (by Rep. Curt Sonney, et al)

Amends the Pennsylvania Construction Code Act, in adoption and enforcement by municipalities, further providing for administration and enforcement. The bill establishes that in municipalities which have opted to retain the services of one third-party agency to enforce this act, the following shall apply: a permit applicant shall have the right to utilize any code official certified in the appropriate category of certification to conduct required inspections; the third-party agency shall accept a report submitted, except if the third-party agency files a complaint with the department; the third-party agency shall be immune from any civil liability associated with reports submitted by certified code officials not employed or contracted by the third-party agency; and a professional services contract between a municipality and the third-party agency for the exclusive administration and enforcement of the act shall remain in effect and the provisions of this subsection shall apply upon the expiration of the original terms of the professional services contract.

Introduced and referred to House Labor and Industry Committee, 7/10/2018

SB 934  RE: Elevator Advisory Board (By Sen. Lisa Baker, et al)

Amends the Administrative Code, in powers and duties of the Department of Labor and Industry, its departmental administrative and advisory boards and departmental administrative officers, eliminating the Elevator Advisory Board and establishing the Elevator Safety Board to recommend regulations to the Secretary of Labor and Industry relating to construction, maintenance and inspection of elevators and safe operation of elevators, review any International Code Council code being reviewed by the Uniform Construction Code Review and Advisory Council, and grant exceptions and variances from the requirements of applicable codes and standards.

Approved by the Governor, 6/28/2018 (Act No. 68 of 2018)

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