Summary of Legislative Activity | July 2023 – Pennsylvania Society of Professional Engineers

Summary Legislation

Senate Returns to Allow HB 611 to be Signed by Governor

The Senate reconvened briefly on August 3, for the sole purpose of referring a number of bills, and to have Lt. Gov. Austin Davis sign bills passed by the House in June, including HB 611, the 2023-24 budget appropriations bill. That bill will now is headed to the Governor, finally. For nearly a month the Senate delayed their return, as Gov. Shapiro seemed to have “gone back” on what the Senate Republicans had understood to be an agreement to include $100 million for charter school “scholarships” targeted to allow students from the lowest performing school districts to attend an alternate non-public school. House D’s had balked at the proposal, but passed the budget bill, after Gov. Shapiro has pledged to “blue line” out the funding for the scholarships. Then the House and Senate left town, and key leaders discussed how to proceed behind closed doors.

Still to be passed are several “Code” bills, which provide guiderails for how the funds in HB 611 will be rolled out. About $430 million in various programs funds must be authorized by the enabling legislation. Vehicles for this funding are in various stages of progress in the legislative process. The Governor has announced he would not take action on the budget bill until these code bills are passed. However, almost immediately upon receiving it, Shapiro signed it, and indeed bluelined the scholarship funding. Now there is now some heightened urgency to resolve the code bills. Stay tuned.

Governor Shapiro Creates First-in-the-Nation Workforce Training Program to Invest $400 Million in On-the-Job Training and Create 10,000 New Jobs

On August 1, Governor Josh Shapiro signed an executive order creating the Commonwealth Workforce Transformation Program, a first-in-the-nation job training program that provides workforce development grants to ensure companies, contractors, unions, and others who are working to build Pennsylvania’s infrastructure have the skilled workforce they need while creating real opportunity for thousands of new workers across the Commonwealth.

The program allows organizations doing important infrastructure work funded by President Biden's Infrastructure Investment and Jobs Act (IIJA) or the Inflation Reduction Act (IRA) to receive up to $40,000 for each new worker they train and up to a maximum of $400,000 per contract or award under the IRA and IIJA to help accelerate critical investments in infrastructure development – from repairing our roads and bridges, to modernizing our energy, water, and sewer infrastructure – all across Pennsylvania.

Under the CWTP, the Commonwealth will reserve at least 3% of all funding it receives from the IIJA and IRA to fund workforce development and on-the-job training, meaning that as much as $400 million could be used for workforce training in Pennsylvania over the next five years. This model initiative will be the largest infusion in funding for workforce training in Pennsylvania history and could support as many as 10,000 new jobs.

State Registration Board for Professional Engineers, Land Surveyors and Geologists July 21 Meeting Notes

The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on July 21, via hybrid meeting format. Following are the highlights.

∙ Board President Joe McNally, PG, presided, and welcomed the members, including newly confirmed members Lisa Peterson, PE, and Jason Snyder, PE, noting the Snyder would not be voting at this meeting, and sunshine attendees. He had no further report.

∙ the Board heard a presentation from the PA Insurance Department on the Pennie insurance marketplace.

∙ Board Prosecutor Glenn Masser, Esq., presented two cases involving PE’s, which the Board had discussed in Executive Session and the consent agreements were approved.

∙ BPOA Fiscal Chief Amanda Richards presented the annual budget report. She noted the Board had a “very healthy balance,” and did not anticipate the need for a fee increase.

∙ Board Counsel Todd Kriner introduced new counsel, Ashley Goshert, who will be taking over the Board. Kriner also reported on a proposed adjudication and order, which the board approved.

∙ Acting Commissioner Arion Claggett had no new information to report.

∙ New Board Administrator Kristel Hennessey Hemler discussed the recent communication to licensees regarding PDHs, clarifying that licensees DO NOT have to upload hours. The board received several comments from licensees, some of whom stating they did not know they were required to get PDHs at all!

Hemler also presented several Act 41 endorsement requests, which were approved, and some correspondence for the Board’s information.

The next meeting is September 28, 2023, @10:30 AM, with both in-person and virtual options for attendees, location TBA. The Bureau is moving its meetings from Penn Center in the near future.

Future 2023 dates: September 28, and November 8.

2024 dates: January 24, March 13, May 29, July 24, September 25, and November 13.

This Month in the PA Bulletin:

DEP: Availability of Technical Guidance

The Department of Environmental Protection made technical guidance documents available (TGD) on its website. For the TGD regarding the development of a Chapter 105 Alternatives Analysis, dam safety and waterway management, DEP published editorial and substantive revisions because of comments received during the public comment period on the draft TGD. Questions regarding the TGD should be directed to Andy Kinger, Bureau Director of the Bureau of Waterways Engineering and Wetlands, at 717- 772-5975. Additional information is available in the Pennsylvania Bulletin. Pennsylvania Bulletin (pacodeandbulletin.gov)

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.

Bidding / Contracting

NONE

Budget Related Bills

HB 611 RE: General Appropriation Act of 2023 (by Rep. Jordan Harris, et al)

provides for appropriations from the General Fund for the expenses of the executive, legislative and judicial departments of the commonwealth, the public debt and public schools for the fiscal year July 1, 2023, to June 30, 2024, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2023. Effective July 1, 2023, or immediately, whichever is later.

Re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments, 7/5/2023 (117-86)

Signed in the House, 7/5/2023

Signed in Senate, 8/3/2023

Approved by the Governor, 8/3/2023 Act No. 1A of 2023

(Line Item Veto)

HB 614 RE: BPOA Appropriation (by Rep. Jordan Harris, et al)

The act appropriates $74,480,000 from the Professional Licensure Augmentation Account within the General Fund to the Department of State for the operation of the Bureau of Professional and Occupational Affairs, including costs related to the replacement of the PA Licensure System, for the fiscal year July 1, 2023, to June 30, 2024. Appropriates $11,240,000 to the State Board of Medicine. Appropriates $3,194,000 from the restricted receipts account of the State Board of Osteopathic Medicine for the board's operation. Appropriates $442,000 from the restricted receipts account of the State Board of Podiatry for the board's operation. Appropriates $908,000 from the Athletic Commission Augmentation Account for the State Athletic Commission for the commission's support and operations. Effective July 1, 2023, or immediately, whichever is later.

Approved by the Governor, 7/12/2023 (Act: 2A of 2023)

COVID-19 Related Legislation

NONE

Environmental Building Standards

NONE

Liability

NONE

Local/State Government/Regulations

NONE

Local/Property Tax Reform

NONE

Mandate Waivers

NONE

Mechanic's Lien

NONE

Permitting

HB 859 RE: Helping Municipalities Ensure a Strong Tax Base for Revitalization (by Rep. Dan Williams, et al)

Amends Title 53 (Municipalities Generally), in neighborhood blight reclamation and revitalization, further providing for municipal permit denial for failure to abate a serious violation of state law or a code on real property within the municipality that is owned by a limited liability corporation; requires a limited liability corporation to disclose in writing at the submission of an application any delinquencies in real property taxes or municipal charges or for failure to abate a serious violation of state law or a code on any real property within the municipality.

Reported as committed from House Rules Committee, read second time, and Rereferred to House Appropriations Committee, 7/6/2023
Reported as committed from House Appropriations Committee, read third time, and passed House, 7/7/2023 (124-79)

Prevailing Wage

SB 841 RE: Prohibiting Split Rates on Public Works Projects (by Sen. Frank Farry, et al)

Amends the Pennsylvania Prevailing Wage Act, further providing for definitions of "public work," "workman," and "custom fabrication"; further providing for specifications to include workmen engaged in custom fabrication, for prevailing wage to establish that workmen must be paid the appropriate rate for their craft and may not be paid multiple rates on the same project and for duty of secretary to provide that for workmen engaged in custom fabrication for a public work project, the applicable prevailing minimum wage rates shall be the prevailing minimum wage rate for the applicable craft or trade in the locality in which the public work project is located.

Introduced and referred to Senate Labor and Industry Committee, 7/5/2023

Procurement

NONE

Professional Licensure

NONE

Regulatory Process

NONE

School Construction

HB 1032 RE: Solar for Schools Act (by Rep. Elizabeth Fiedler, et al)

Establishes the Solar for Schools Grant Program; and provides for powers and duties of the Department of Community and Economic Development (DCED). Provides the purpose of this act is to expand the use of solar energy at school facilities in the commonwealth to help schools reduce energy costs, increase the resiliency of school energy systems, help schools reduce their carbon dioxide emissions and other pollutants, grow employment and maximize the Inflation Reduction Act's solar energy investment tax credit in Pennsylvania. Specifies several definitions. Establishes the grant program in DCED and provides that the department will award grants to eligible applicants. Provides for the use of grants and grant awards. Establishes the manner in which an eligible applicant shall submit an application. Provides for the prevailing wage requirement. Specifies that an eligible applicant may receive a grant of up to 50 percent of the eligible project costs for the solar energy project. Establishes eligible applicant best practices. Provides for reimbursement, guidelines and audits.

Received in the Senate and referred to Senate Community, Economic & Recreational Development Committee, 7/27/2023

Transportation

NONE

Worker's Comp

NONE

Workforce Development

SB 850 RE: Building a Better Future Grant Program Act (by Sen. Christine Tartaglione, et al)

Provides grants to organizations that host or offer education, workforce training or skills development to young adults aged 16 to 24 who can provide self-attestation that the individual is a member of a low-income family and meets requirements; establishes the Building a Better Future Grant Program to provide up to $1 million per organization, up to five percent of money available for grants may be awarded to a statewide nonprofit that serves multiple organizations that have been awarded funding under the program to provide technical assistance to those organizations. Provides for program and fiscal reports. Appropriates $5 million from the General Fund.

Introduced and referred to Senate Labor and Industry Committee, 7/6/2023

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/

Tuesday - 8/8/23

House Transportation Committee
4:00 p.m., Gold Rm., 4th Floor, Allegheny County Courthouse, 436 Grant St., Pittsburgh

Public hearing on Emergency Procurement and Design Build Best Value Procurement.

Wednesday - 9/6/23

House Local Government Committee
1:00 p.m., Lehigh Valley Planning Commission, 961 Marcon Blvd., Allentown

To Discuss: HB 782 (Schlossberg) - Amends the Pennsylvania Municipalities Planning Code, providing for developments of regional significance and impact; and, in zoning hearing board and other administrative proceedings, further providing for jurisdiction.