Summer Arrives Early in Harrisburg – Budget Passed a Week Before Deadline

In Harrisburg, the General Assembly showed an unusual about of unanimity this year, by passing the FY 2018-19 budget package not only on time, but 8 days EARLY. On June 20, the House passed HB 2121  by a (188-10) vote, and the Senate followed suit just two days later, passing the bill without amendment, and little discussion, (47-2). Governor Wolf wasted no time signing the bill, which spends $32,092,325,000 in General Fund money and federal augmenting appropriations totaling an additional $27,743,772,000, in addition to other funds from dedicated revenue sources. A breakdown of the budget can be found here: http://www.legis.state.pa.us/WU01/LI/BI/FN/2017/0/HB2121P3747.pdf

In addition to the bipartisan agreement on the spending plan, the authorizing “Code” bills that describe and provide the means for the spending also passed relatively easily, unlike last year. HB 1929 amends the Fiscal code, outlining how the money approved in HB 2121 will be rolled out. Areas of interest to the construction industry include:

Redevelopment Assistance Capital Projects

Section 1601-B.1 exempts projects submitted for the current RACP round (2018/19) from the 10-year itemization sunset required by section 318 of the Capital Facilities Debt Enabling Act.

Neighborhood Improvement Zones

Article XVI-B.2 is added to clarify the Neighborhood Improvement Zone master list reporting requirements to allow certain operating organizations to fulfill their reporting requirements by providing the relevant section of a contract between that organization and certain contractors. The contractors would then have to provide the reporting requirements, as defined by this section. This section only applies to certain qualified businesses who are engaged in entertainment services, such as concerts or other performances.

Transfer of CFA Funds

Section 1602-K directs the Commonwealth Financing Authority to transfer $10 million from the First Industries Program account and $35 million from the Building Pennsylvania Program account and place it in the Business In Our Sites Program account in 2018/19.

Section 1726-I (c) requires the Commonwealth Financing Authority to transfer $5 million from the First Industries Program account to an account to be established by the authority for research and development, organic transition, value-added processing and marketing grants to support the dairy industry in Pennsylvania. The authority must adopt guidelines for an application approval process that ensure that grants are made available to all geographic areas of the Commonwealth.

Water and Sewer Projects

Similar to last year, Section 1774.1-A:

For 2018/19 the bill makes available $14,504,399 from funds transferred to the Commonwealth Financing Authority (CFA) from the Marcellus Legacy Fund for distribution or reimbursement for water and sewer projects with a cost ranging from $30,000 to $500,000.

For 2018/19 the bill also makes $10 million of funds transferred to the Commonwealth Financing Authority (CFA) from First Industries Program account for distribution or reimbursement for water and sewer projects with a cost ranging from $30,000 to $500,000.

Reemployment Fund

Section 1727-E (c) reauthorizes the Reemployment Fund through 2022. The Reemployment Fund is a restricted account that receives 5 percent of employee contributions to the Unemployment Compensation Fund, which the Department of Labor and Industry can use to support job training and other related activities to promote employment.

In addition to the budget-related bills, Gov. Tom Wolf also received from the General Assembly approximately two dozen other bills, including “Clean Slate” legislation, and a bill to ensure Pennsylvania businesses can take advantage of the federal tax changes regarding bonus depreciation.

Having accomplished their most important constitutional duty, the House and Senate are now in recess for the summer. The House has not announced its Fall schedule as of yet, while the Senate has announced it will return September 24, with a total of nine voting session days prior to the November election, and one day after, to vote on a temporary President Pro Tempore (presumably Joe Scarnati), and to reorganize the caucus leadership teams.

Pennsylvania Approves C-PACE Program

On June 12, Pennsylvania Gov. Tom Wolf signed a new, bipartisan bill that will help commercial and industrial property owners finance upgrades for energy efficiency, water conservation, and renewable energy systems. Under the legislation, this bill will enable Commercial Property Assessed Clean Energy (C-PACE).

Similar to the 33 other states who already run the program, it will be voluntary and will allow municipal governments to set up energy improvement districts, where private lenders can give money to commercial, industrial, or agricultural property owners for eligible improvements to buildings. C-PACE programs are growing in success, as last year these commercial and industrial properties accounted for over a quarter of U.S. energy consumption and about $521 million in investment through these programs, according to a 2017 Department of Energy report.  C-PACE, however, can be time-consuming and complex for local governments to administer, especially in states like Pennsylvania, which is fragmented with 67 counties and 2,562 municipalities. The new legislation does not prescribe how the program will be administered.   

The bill, SB 234 moved through Pennsylvania’s legislature with broad support this year — getting the approval of the state Senate (42-8) in January and House (163-28) at the end of May. While Pennsylvania’s Department of Labor and Industry does not track clean energy jobs, the Keystone Energy Efficiency Alliance found that the state’s clean energy sector is growing, and most jobs (about 55,000) were in fact related to energy efficiency.

Governor Wolf Proposes Job Licensing Reform to Cut Red Tape, Strengthen Workforce

Last year, Governor Wolf signed an Executive Order directing the Bureau of Professional and Occupational Affairs within the Department of State to conduct a review of job licensing to compare Pennsylvania with our regional states. The governor’s proposals are the result of the final report. Gov. Wolf revealed his recommendations in a press conference on June 14.  Those recommendations include the elimination of 13 job licenses.   In fact, he has called on the General Assembly to repeal laws that authorized the 13 job licenses and replace them with less restrictive requirements.  Here is the list of targeted occupations:

  • Auctioneers, only require registration and bonding.
  • Barbers, only require certification from a licensed barber school, passage of examination, minimum hours of training, and registration with the State Board of Barber Examiners.
  • Cemetery Broker/Cemetery Salesperson, only require passage of relevant examination, 60 hours of instruction and registration.
  • Campground Membership Salesperson, only require registration with the State Real Estate Commission.
  • Natural Hair Braiding License, eliminate this license.
  • Orthotic fitter/Orthotist/Pedorthist/Prosthetist, only require credentialing, passage of an education program, training, and minimum hours of training.
  • Practitioner of Oriental Medicine, maintain existing, but separate acupuncturist licensing requirement to protect public health and safety.
  • Rental Listing Referral Agent, only require registration with the State Real Estate Commission.
  • Vehicle Factory Representative, only require registration with the State Board of Vehicle Manufacturers, Dealers, and Salespersons.

In addition, the governor plans to work with the General Assembly to streamline the process for military spouses and pass legislation allowing licensing boards to seek reciprocity agreements with other states and grant licensure through endorsement. The governor is directing each licensing board to amend its continuing education regulations to levels established in state law. To level the playing field compared to our regional states, the governor is calling for a repeal of the automatic 10-year ban on licensing for anyone convicted of a drug felony. Instead, the 13 boards with the statutory ban could consider criminal history, but it would not be conclusive of a person’s fitness for a job. Removing this barrier encourages people to work, which reduces crime and recidivism, making our communities safer. Finally, the Governor’s Office of Performance Through Excellence will review the licensing applications process to reduce reviews to no more than 10 days, absent extenuating circumstances.

Many of these proposals will require legislation to amend various licensing statutes, which will not likely be introduced and passed in this session.

Evankovich to Resign Seat in August

After eight years in the House, Rep. Eli Evankovich (R-Westmoreland) is stepping down in August. Evankovich, who already announced after his reelection in 2016 that he wasn’t running again, is retiring a few months early to join a Western Pennsylvania manufacturing company. The company was not specified.
“I am thankful for all of my colleagues, staff, friends and supporters whom I have had the opportunity to work with over the last eight years,” Evankovich said in a statement. “The voters of the 54th District have been a constant source of inspiration to me. Thank you all for trusting me to be your voice in state government.”
First elected in 2010, the 36-year old legislator previously worked in the manufacturing sector, a focus that continued in the General Assembly where he chaired the House Manufacturing Caucus. There will not be a special election to fill the seat for the limited duration of this session. To fill his seat in the November general, Republican and local mayor Bob Brooks will face off against Democrat Jon McCabe.

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.

Approved by the Governor, 6/12/2018. Act No. 27 of 2018

Budget Related Bills

HB 1929  RE: Fiscal Code Amendments (by Rep. Ron Marsico, et al)

An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, implementing the 2018-2019 Commonwealth budget and instituting future budget implementation: Further providing for title of act; in cigarette sales and licensing; further providing for preemption; In Treasury Department: providing for Keystone Scholars Grant Program; In disposition of abandoned and unclaimed property: further providing for property held by business associations; In procedure for the disbursement of money from the State Treasury: further providing for settlement agreements and enforcement; In capital facilities: further providing for applications; providing for entertainment business financial management firms; In tax credits: further providing for Department of Community and Economic Development; In Business in Our Sites Program Account: further providing for transfers of funds; providing for private dam financial assurance; In special funds: further providing for Budget Stabilization Reserve Fund funding and for other grants relating to Pennsylvania Gaming Economic Development and Tourism Fund; In additional special funds: further providing for use of Tobacco Settlement Fund, for distributions from Pennsylvania Race Horse Development Fund and for drug and alcohol programs; providing for Natural Gas Infrastructure Development Fund grant agreements; and further providing for use of First Chance Trust Fund; In general budget implementation: providing for Independent Fiscal Office revenue estimates; further providing for Attorney General, for Department of Conservation and Natural Resources, for Department of Health, for Department of Labor and Industry, for Department of Revenue and for surcharges; providing for deposit into School Safety and Security Fund and further providing for Multimodal Transportation Fund; In school district debt refinancing bonds: further providing for sinking fund charges for school building; providing for reinstatement of item vetoes; repealing provisions relating to 2013-2014 budget implementation and 2013-2014 restrictions on appropriations for funds and accounts; providing for 2018-2019 budget implementation and 2018-2019 restrictions on appropriations for funds and accounts; and making related repeals.

Reported as amended from Senate Judiciary Committee, and read first time, 6/18/2018

Read second time, and rereferred to Senate Appropriations Committee, 6/19/2018

Reported as amended from Senate Appropriations Committee, read third time, and passed Senate, 6/22/2018 (44-5)
Received as amended in House and rereferred House Rules Committee, re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments, 6/22/2018 (171-22)
Signed in the House and in the Senate, 6/22/2018

Approved by the Governor, 6/22/2018 (Act No. 42 of 2018)

HB 2121  RE: General Appropriation Act of 2018 (by Rep. Stan Saylor, et al)

Provides from the General Fund for the expenses of the Executive and Judicial Departments, the State Government Support Agencies and the General Assembly of the Commonwealth, the public debt and the public schools for the fiscal year July 1, 2018, to June 30, 2019, for certain institutions and organizations and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2018; to provide appropriations from the State Lottery Fund, the Tobacco Settlement Fund, the Aviation Restricted Account, the Hazardous Material Response Fund, The State Stores Fund, the Milk Marketing Fund, the Home Investment Trust Fund, the Emergency Medical Services Operating Fund, the Tuition Account Guaranteed Savings Program Fund, the Banking Fund, the Firearm Records Check Fund, the Ben Franklin Technology Development Authority Fund, the Oil and Gas Lease Fund, the Home Improvement Account, the Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund, the Insurance Regulation and Oversight Fund, the Pennsylvania Racehorse Development Restricted Receipt Account, the Justice Reinvestment Fund, the Multimodal Transportation Fund, the State Racing Fund and the ABLE Savings Program Fund to the Executive Department; to provide appropriations from the Judicial Computer System Augmentation Account to the Judicial Department for the fiscal year July 1, 2018, to June 30, 2019; to provide appropriations from the Motor License Fund for the fiscal year July 1, 2018, to June 30, 2019, for the proper operation of several departments of the Commonwealth and the Pennsylvania State Police authorized to spend Motor License Fund money; to provide for the appropriation of Federal funds to the Executive and Judicial Departments of the Commonwealth and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2018; to provide for the additional appropriation of Federal and State funds from the General Fund, the State Lottery Fund and the Tobacco Settlement Fund for the Executive and Judicial Departments of the Commonwealth for the fiscal year July 1, 2017, to June 30, 2018, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2017; and providing for augmentation from additional funding source.

Reported as amended from House Appropriations Committee, 6/19/2018
Read third time, and passed House, 6/20/2018
(188-10)
Received in the Senate and referred to Senate Appropriations Committee, re-reported as committed from Senate Appropriations Committee, and read first time, 6/20/2018

Read second time, 6/21/2018

Read third time, and passed Senate, 6/22/2018 (47-2)
Signed in the House and in the Senate, 6/22/2018

Approved by the Governor, 6/22/2018 (Act No. 1A of 2018)

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.

Reported as amended from House Transportation Committee, read first time, and laid on the table, 6/13/2018
Removed from the table, 6/20/2018

Read second time, and Rereferred to House Appropriations Committee, 6/21/2018

Reported as committed from House Appropriations Committee, read third time, and passed House, 6/22/2018 (194-0)
Received as amended in Senate and rereferred Senate Rules and Executive Nominations Committee, re-reported on concurrence as committed from Senate Rules and Executive Nominations Committee, and Senate concurred in House amendments, 6/22/2018 (48-0)
Signed in the Senate, 6/22/2018
Signed in the House 6/25/2018

In the hands of the Governor, 6/25/2018. Last day for Governor’s action, 7/5/2018

SB 1215  RE: Eminent Domain (by Sen. Andrew Dinniman, et al)

Amends Title 26 (Eminent Domain), in limitations on use of eminent domain, further providing for definitions and providing for eminent domain of land subject to conservation easement. The bill establishes no agency of the Commonwealth, political subdivision, authority, public utility or other body having or exercising powers of eminent domain shall condemn any land subject to a conservation easement for any purpose, unless prior approval has been obtained from the orphans’ court of the county in which the land is located. This section and definitions of conservation easement and open space benefits shall apply to a condemnation for which a declaration of taking is filed after December 31, 2017.

Introduced and referred to Senate Local Government Committee, 6/22/2018

Liability

SB 652 RE: Critical Infrastructure Protection Act (CIPA) (by Sen. Mike Regan, et al)

Amends Title 18 (Crimes and Offenses), in burglary and other criminal intrusion, further providing for the offense of criminal trespass by establishing an offense for critical infrastructure facility trespass. Provides differing grading for the offense depending whether it is a first offense, whether the defendant is a minor, and whether there is an intent to damage or obstruct the operation of the facility.

Received in the House and referred to House Environmental Resources and Energy Committee, 6/13/2018

Local/State Government/Regulations

HB 298  RE: Training Of Inspectors (by Rep. Sheryl Delozier, et al)

Amends the Pennsylvania Construction Code Act, in training and certification of inspectors, further providing for training of inspectors. The bill states that the department may by regulation establish a separate trainee classification for each certification category. The trainee classification shall be considered optional for all individuals seeking certification under this act. An applicant for trainee classification shall secure the sponsorship of an individual certified in each category for which the trainee seeks certification. A trainee classification is nonrenewable and shall be limited. Individuals with trainee classifications may perform all the duties of a certified individual while under the supervision of a sponsor. The department may establish fees and applications and registration procedures to establish the trainee classification system. Individuals with trainee classifications shall be listed on the department’s website.

Reported as amended from Senate Labor and Industry Committee, and read first time, 6/21/2018

HB 1469 RE: Amending PA Uniform Construction Code Act  (by Rep. Doyle Heffley, et al)

Amends the Pennsylvania Construction Code Act, in adoption and enforcement by municipalities, further providing for administration and enforcement by third party agencies by establishing duties for the municipality related to notification of applicants if the municipality contracts with one or more third party agencies for the administration and enforcement of the act. Also requires the Department of Labor and Industry to have a complaint form on its website. In training and certification of inspectors, further provides for training of inspectors by establishing the department shall accept and review a complaint submitted by a building permit applicant about a code administrator and the secretary shall have the discretion to enforce remedial actions if necessary. Also allows municipalities to utilize and enter into contracts with third-party agencies to perform plan review and inspection services and supplement the municipal code enforcement program’s plan review and inspection services.

Reported as amended from Senate Labor and Industry Committee, and read first time, 6/21/2018

HB 1531 RE: Sunshine Act Reform (by Rep. Jim Christiana, et al)

Amends Title 65 (Public Officers) requiring notification of agency business to be made available to the public, as specified, prior to taking official action on a matter. The bill provides an exception.

Reported as amended from House State Government Committee, read first time, and rereferred to House Rules Committee, 6/11/2018

HB 2154  RE: Conventional Oil and Gas Wells Act (by Rep. Martin Causer, et al)

The bill relates to conventional wells and the development of oil, gas and coal; imposes powers and duties on the Department of Environmental Protection; and provides for preliminary provisions, for general requirements, for underground gas storage, for enforcement and remedies, for related funds, parties and activities and for miscellaneous provisions. The purposes of this act are to: (1) Permit the optimal development of the oil and gas resources of Pennsylvania consistent with the property rights of owners of the oil and gas resources and the protection of the health, safety, environment and property of the residents of this Commonwealth; (2) Protect the safety of personnel and facilities employed in the exploration, development, storage and production of natural gas or oil or the mining of coal; (3) Protect the safety and property rights of persons residing in areas where exploration, development, storage or production occurs; (4) Protect the natural resources, environmental rights, property rights and values secured by the Constitution of Pennsylvania; and (5) Provide a flexible and cost-effective way to implement and enforce the provisions of this act. Further provides the requirements of the Coal and Gas Resource Coordination Act shall apply to this act for the issuance of a permit.

Passed House 6/5/2018 (111-84)
Received in the Senate and referred to Senate Environmental Resources and Energy Committee, 6/8/2018

HB 2459  RE: Stucco (by Rep. Warren Kampf, et al)

Amends the Pennsylvania Construction Code Act, in uniform construction code, further providing for adoption by regulations. The bill establishes that for a new residential building, where exterior plaster is used as an exterior wall covering, the regulations shall include a provision requiring an inspection by a code administrator of the required water resistive barrier and flashings prior to the installation of the lath or cement board substrate.

Introduced and referred to House Labor and Industry Committee, 6/5/2018

Reported as amended from House Labor and Industry Committee, read first time, and rereferred to House Rules Committee, 6/18/2018

SB 595  RE: Electronic Notarization (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 committed from Senate Appropriations Committee, 6/19/2018
Read third time, and passed Senate, 6/22/2018 (49-0)
Received in the House and referred to House State Government Committee, 6/25/2018

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.

Reported as amended from Senate Labor and Industry Committee, and read first time, 6/5/2018

Read second time, and rereferred to Senate Appropriations Committee, 6/6/2018

Reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 6/13/2018 (49-0)
Received in the House and referred to House Labor and Industry Committee, 6/15/2018
Reported as committed from House Labor and Industry Committee, read first time, and laid on the table, 6/18/2018
Removed from the table, 6/19/2018
Read second time, and rereferred to House Appropriations Committee, 6/20/2018

Reported as committed from House Appropriations Committee, read third time, and passed House, 6/21/2018 (173-22)

In the hands of the Governor, 6/22/2018. Last day for Governor’s action, 7/2/2018

SB 1005  RE: County Code Updates (by Sen. John Eichelberger, et al)

Amends the County Code making extensive revisions relating to preliminary provisions; names and corporate powers, classification of counties; fixing and relocating lines and boundaries; county officers; county commissioners and chief clerks; controller; auditors; treasurer; county solicitor; engineer; sheriff and coroner; prothonotary, clerks of court, clerk of orphan’s court, register of wills, recorder of deeds; district attorney, assistants and detectives; salaries of county officers; fees of salaried county officers, salary boards, payment of solicitors appointed by county officers; fiscal affairs; contracts and special powers and duties of counties; public health; aeronautics; grounds and buildings; eminent domain and injury to property; recreation places; bridges, viaducts and culverts and roads. Allows the chief ranking deputy that remains in the office of the sheriff in the event of a vacancy to petition the court to designate someone in that office to carry out the functions of the sheriff. Provides for military and veterans affairs; and making editorial changes.

Read third time, and passed Senate, 6/4/2018 (50-0)
Received in the House and referred to House Local Government Committee, 6/6/2018
Reported as amended House Local Government Committee, read first time, and laid on the table, 6/20/2018

Removed from the table, 6/22/2018
Local/Property Tax Reform

SB 234  RE: Property Assessed Clean Energy (PACE) Programs (by Sen. John Blake, et al)

Amends Title 12 (Commerce and Trade) adding a chapter authorizing counties or municipalities to create property assessed clean energy programs, which authorize assessments for energy improvements in districts designated by municipalities. Before a real property can establish an assessment under the program and begin local financing or owner financing of a qualified project, the following shall occur: (1) Any financial institution holding a lien, mortgage or security interest in or other encumbrance of the real property that secures a current, future or contingent payment obligation must be given written notice of the real property owner’s intention to participate in the program and acknowledge in writing to the property owner and municipality or county that established the program that they have received such notice; and (2) Any financial institution required to be given notice must provide written consent to the property owner and municipality or county that established the program that the property may participate in the program. Reviews and public notice are required. An assessment and any interest or penalties on the assessment is a first and prior lien on the real property and has the same priority status as a lien for any other tax.

Approved by the Governor, 6/12/2018 (Act No. 30 of 2018)

Professional Licensure

HB 1001  RE: Home Inspector Licensing Act (by Rep. Susan Helm, et al)

Regulates home inspectors; provides for funds, for licensure, for disciplinary action, for remedies and for penalties; and repeals provisions relating to home inspections. Also modifies provisions relating to manufactured housing liability and disclosure. Portions are effective immediately, portions are effective in two years, and the remainder is effective in 60 days.

Read second time, and rereferred to Senate Appropriations Committee, 6/4/2018

HB 1343 RE: CE 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.

Reported as committed from Senate Consumer Protection & Prof. Licensure Committee, and read first time, 6/6/2018

Read second time, and rereferred to Senate Appropriations Committee, 6/11/2018

HB 2462  RE: On-Lot Disposal System (OLDS) Homeowner and Real Estate Buyer Protection Act (by Rep. David Maloney, et al)

Provides for registration of on-lot wastewater treatment system inspectors with the Department of State of the Commonwealth, for biennial registration and for duties of certifying organizations. The bill establishes that an OLDS inspector shall complete a comprehensive training program, including initial training that consists of a minimum of 15 hours of combined classroom and field training following a course of study administered by the certifying organization, and a minimum of 15 hours of continuing education biannually as administered by the certifying organization. The section on inspector registration continuing education and the section on enforcement are effective in 12 months and the remainder is effective in 60 days.

Introduced and referred to House Environmental Resources and Energy Committee, 6/5/2018

School Construction

SB 700  RE: Grant Program for Maintenance Projects (by Patrick Browne, et al)

Amends the Public School Code providing for construction & renovation of buildings by school entities; and establishing a grant program for maintenance projects. The bill establishes that to be eligible to receive reimbursement from the Commonwealth for costs of a project, a school entity must receive appropriate approval from the department. It also establishes that the department shall establish a maintenance project grant program to support school entity maintenance projects. The program shall be funded from a set-aside equal to 25 percent of the appropriation for school building projects annually under this article. No less than 20 percent of the funds allocated to the program shall be awarded to projects that enhance school building safety and security; and in any fiscal year when funds are available for grants the department shall allocate 50 percent of the set-aside for grants by December 31 and the other 50 percent of the set-aside for grants not later than June 30 of that fiscal year. School construction and renovation approval process effective immediately. Remainder of the act effective July 1, 2019.

Introduced and referred to Senate Education Committee, 6/22/2018

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