Legislation aimed at allowing townships to avoid the separate primes requirement in Pennsylvania law has been introduced by Senator Doug Mastriano (Republican, Adams County).  Senate Bill 927 amends the Second Class Township Code by making compliance with the separate primes requirement optional.  The prime sponsor of the bill claims that it will save taxpayers money.  The same claim is made in support of another bill that is expected to be introduced shortly by Senator Cris Dush (Republican, Cameron County).  That bill would make separate primes optional on all public works in Pennsylvania.  Senate Bill 927 has been referred to the Senate Local Government Committee, Chaired by Senator Rosemary Brown (Republican, Monroe County).  Here is a link to the bill: Regular Session 2023-2024 Senate Bill 0927 P.N. 1108 (state.pa.us)

Democrats will retain their narrow majority in the state House after Democrat Lindsay Powell won a special election for the seat representing the 21st Legislative District in Allegheny County. The chamber has been evenly divided with 101 Democrats and 101 Republicans since Rep. Sara Innamorato, D-Allegheny, resigned in July to focus on her campaign for county executive. Powell is director of Workforce Strategies for InnovatePGH, an economic development nonprofit, and a former aide to U.S. Senate Majority Leader Chuck Schumer and former Pittsburgh Mayor William Peduto. Powell will complete the remainder of Innamorato's two-year term and be up for reelection next year. Powell was sworn in on October 2.

The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on September 28, via hybrid meeting format. Following are the highlights.

∙ Board President Joe McNally, PG, presided, and welcomed the members. He had no further report.

∙ New Public Board member Dan Hartman reported on the recent NCEES conference. He found it very informative, noting there are scholarships for first time attendees. He recommended all members attend if able. Martin Helmke, PG, reported on the ASBOG meeting.

∙ Board Prosecutor Glenn Masser, Esq., did not attend, but new Prosecution Liaison Angela Solomon, Esq., presented one Consent Agreement, which the Board had discussed in Executive Session and the consent agreement was approved.

∙ New Board Counsel Ashley Goshert, who will be taking over the Board. Kriner also reported on a proposed adjudication and order, which the board approved. Goshert also presented a disciplinary case, and the motion to deem facts admitted was approved. She had no regulatory report.

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

∙ Board Administrator Kristel Hennessey Hemler gave an update on renewals. 83% of PEs had renewed, with the deadline fast approaching. There will be NO grace period for renewals this cycle. She presented proposed 2025 Board meeting dates, which were approved.

∙ The Board ratified a host of Act 41 applications, which staff had approved.

∙ PLS member Mike Brinkash noted he would be leaving the Board, and said that Scott Reeser had applied to succeed him.

The next meeting is November 8, 2023, @11 AM, with both in-person and virtual options for attendees, at the new location, 2525 N. 7^th Street, Harrisburg.

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

DEP: AVAILABILITY OF TECHNICAL GUIDANCE

The Department of Environmental Protection has published technical guidance documents (TGDs) for Environmental Justice Policy and the Pennsylvania Environmental Justice Mapping and Screening Tool (PennEnviroScreen). The TGDs are available on the department’s website, or paper copies may be ordered by contacting the department at 717-783-8727. Those wishing to submit comments may submit them by the end of Oct. 29 through the department’s online eComment tool or email to ecomment@pa.gov . Written comments may be mailed to the Technical Guidance Coordinator, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, PO Box 2063, Harrisburg, PA 17105-2063. The department is holding two virtual public comment meetings and seven in-person public comment meetings on the TGDs:

• 5 p.m. on Oct. 11, remotely. Visit the department’s website for registration information.

www.dep.pa.gov/EJPolicyRevision

• 6 p.m. on Oct. 12, Brady Fire Company Banquet Hall, 700 Maple Street, Ranshaw, PA 17866.
• 6 p.m. on Oct. 16, University of Scranton Loyola Science Center, 100 Linden Street, Room 133, Scranton, PA 18510.
• 5 p.m. on Oct. 18, Erie Center for Arts and Technology, Lawrence Community Rom, 650 East Avenue, Erie, PA 16503.
• 6 p.m. on Oct. 18, North Side Institution GOGIC Banquet Hall, 302 West North Avenue, Pittsburgh, PA 15212.
• 6 p.m. on Oct. 19, YMCA Camp Curtin, 2135 North Sixth Street, Harrisburg, PA 17110.
• 10 a.m. on Oct. 21, ACCESS Community Center, 701 Booth Street, Chester, PA 19013.
• 5 p.m. on Oct. 25, remotely. Visit the department’s website for registration information.
• 5 p.m. on Oct. 26, Drexel University, 3141 Chestnut Street, Philadelphia, PA 19104.

Individuals interested in presenting testimony or with questions regarding the policy should contact Jennifer McLuckie at 717-772-5633 or RA-EPOEJ@pa.gov. Those interested in attending are encouraged to register online to ensure there is adequate space. The TGDs are effective upon publication of notice as final in the Pennsylvania Bulletin.

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol53/53-37/1257.html

The Department of Environmental Protection has established the Pennsylvania Infrastructure Investment Authority (PENNVEST), which administers the Commonwealth’s Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF), is intended to be the funding source for a list of projects. The department approves the environmental assessment for each project as review of the projects has not identified any significant, adverse environmental impacts resulting from any of the proposed projects. Comments must be received on or by Oct. 16 via the department’s online eComment tool, email to ecomment@pa.gov or by mail to the Policy Office, Department of Environmental Protection, Rachel Carson State Office Building, PO Box 2063, Harrisburg, PA 17105-2063. Questions should be directed to Richard Wright, Bureau of Clean Water, Department of Environmental Protection, PO Box 8774, Harrisburg, PA 17105-8774, 717-772-4059 or riwright@pa.gov. Upon approval, the full list of approved projects and their costs can be found in a press release on PENNVEST’s website. Additional information is available on the department’s website and on the Pennsylvania Bulletin. https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol53/53-37/1270.html

Gov. Josh Shapiro issued an executive order to establish an interagency workgroup to improve state government contracting opportunities and rescinding Executive Order 2015-11—Diversity, Inclusion and Small Business Opportunities in Commonwealth Procurement and in Pennsylvania's Economy, dated September 23, 2015. Additional information is available on Pennsylvania Bulletin.

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol53/53-39/1315.html

The Department of Transportation announced applications for the Multimodal Transportation Fund (MTF) will be accepted until Nov. 13. Additional information, guidelines and frequently asked questions can be obtained on the department's website. Questions related to the MTF Program may be directed to David Bratina, PennDOT Office of Multimodal Transportation, 400 North Street, 8th Floor, Harrisburg, PA 17120, (717) 705-1230, RA-PDMultimodalFund@pa.gov. Additional information is available in Pennsylvania Bulletin.

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol53/53-39/1344.html

The Department of Environmental Protection announced the availability of the final National Pollution Discharge Elimination System (NPDES) General Permit for Discharges from Petroleum Product Contaminated Groundwater Remediation Systems (PAG-05) for a new 5-year term. The PAG-05 General Permit will become effective on Dec. 29, 2023, and will expire on Dec. 28, 2028. No significant changes were made. The PAG-05 General Permit package can be accessed online through the department's eLibrary website. Additional information is available on Pennsylvania Bulletin.

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol53/53-39/1334.html

The Department of Environmental Protection’s Office of Environmental Justice's public comment meeting on the Interim-Final Environmental Justice Policy (015-0501-002) and Pennsylvania Environmental Justice Mapping and Screening Tool (PennEnviroScreen) Methodology Document (015-0501-003), is scheduled for 6 p.m. on Oct. 16 at the University of Scranton, Loyola Science Center, 200 Monroe Avenue, Scranton, PA 18510. Information on how to access the virtual public comment meeting and additional information on the in- person comment meeting will be available on the Environmental Justice webpage.

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol53/53-40/1365.html

The Department of Transportation’s Highly Automated Vehicle Advisory Committee will hold a special meeting to review and consult with PennDOT regarding proposed committee guidelines by means of Microsoft Teams teleconference at 1 p.m., Oct. 12. Public attendees should RSVP to the following e-mail address to receive call-in information. For more information or to RSVP, contact Derrick Herrmann, chief, Transformational Technology, (717) 783-8823, deherrmann@pa.gov.

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol53/53-40/1377.html

NONE

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.

Received in the House and referred to House Rules Committee, 9/22/2023

HB 623  RE: Capital Budget Act of 2023-2024  (by Rep. Jordan Harris, et al)

Provides for overall limitations on debt to be incurred for capital projects. Provides the maximum principal amount of additional debt to be incurred during the 2023-2024 fiscal year for capital projects shall be capped at $600,000 for building and structure public improvement projects, $10,000,000 for furniture and equipment, $350,000,000 for transportation assistance projects, $375,000,000 for redevelopment assistance projects and $1,335,000,000 for flood control projects. Effective July 1, 2023, or immediately, whichever is later.

Set on Senate Calendar for 10/16/2023

HB 1300  RE: Fiscal Code (by Rep. Tom Mehaffie, et al)

An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in disposition of abandoned and unclaimed property, further providing for claim for property paid or delivered; in oil and gas wells, further providing for Oil and Gas Lease Fund; in human services, providing for child support costs and fees; providing for Statewide Quality Care Assessment and for Pennsylvania Long-Term Care Council; in additional special funds and restricted accounts, further providing for establishment of special fund and account, for use of fund and for distributions for Pennsylvania Race Horse Development Fund, repealing provisions relating to Enhanced Revenue Collection Account; in additional special funds and restricted accounts, further providing for Clean Streams Fund and for definitions, renaming the Sports Tourism and Marketing Account to the Sports, Marketing and Tourism Account, further providing for transfer of funds and providing for Facility Transition Account and for Game Fund; in general budget implementation, further providing for Department of Agriculture, for Department of Conservation and Natural Resources, for Department of Education, for Pennsylvania State Police, for surcharges, for Federal and Commonwealth use of forest land and for Multimodal Transportation Fund and repealing provisions relating to sales by distilleries; providing for 2023-2024 budget implementation, for 2023-2024 restrictions on appropriations for funds and accounts and for prior year appropriations; imposing penalties; making repeals; and making an editorial change.

Received as amended in House and rereferred House Rules Committee, 9/22/2023

Reported as amended from House Rules Committee, and House concurred in Senate amendments, as amended by the House, Oct. 4, 2023 (121-82)

HB 1426  RE: Local Government Capital Project Loan Fund (by Rep. John Galloway, et al)

Amends the Fiscal Code, in Local Government Capital Project Loan Fund, further providing for the definition of municipality; for assistance to municipalities removing language providing for $50,000 and inserting language providing for $150,000; for in purchasing, constructing, renovating or rehabilitating removing language providing for $100,000 and inserting language providing for $250,000, as well as language providing for loan rate set; and for powers and duties of department removing language providing for 10 and inserting language providing for 15.

Reported as committed from House Rules Committee, laid on the table, removed from the table, and Rereferred to House Rules Committee, 9/22/2023

NONE

SB 382  RE: Groin Structures (by Sen. Dan Laughlin, et al)

Amends the Dam Safety and Encroachments Act, further providing for definitions for groin structure and directs the Department of Environmental Protection not to charge a license fee for a person to construct, repair, replace, operate, maintain or remove a groin structure at a licensed premises.

Reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 9/18/2023 (44-1)
Received in the House and referred to House Environmental Resources and Energy Committee, 9/19/2023

HB 1466  RE: Free speech protection - Anti-SLAPP (by Rep. Ryan Bizzarro, et al)

Amends Title 42 (Judiciary & Judicial Procedure), in particular rights and immunities, providing for a cause of action on protected public expression and for immunity for protected public expression; and imposing duty upon the Administrative Office of Pennsylvania Courts and the Legislative Reference Bureau. Establishes a subchapter providing for protected public expression that shall be known and cited as the Uniform Public Expression Protection Act, including declaration of policy, definitions, scope, grant of immunity, pretrial motion, interlocutory appeal and awards.

Reported as committed from House Judiciary Committee, read first time, laid on the table, and removed from the table, 10/3/2023
Read second time, and rereferred to House Appropriations Committee, 10/4/2023
Reported as committed from House Appropriations Committee, read third time, and passed House, 10/5/2023 (202-0)

HB 123  RE: Signage Requirements for Subdivision and Land Development

(by Rep. Joe Ciresi, et al)

Amends the Pennsylvania Municipalities Planning Code, in subdivision and land development, proving for signage on subdivision or land development; upon approval of a plat by the municipality, signage of a minimum of three square feet in surface area shall be posted on each subdivision or land development of any plot, tract, or parcel of land in the plat. The signage shall include the type of development and expected construction schedule and shall be removed within 90 days following the completion of all construction activities on the site.

Amended on House floor, read second time, and re-referred to House Appropriations Committee, 10/2/2023

Reported as committed from House Appropriations Committee, read third time, and passed House, 10/3/2023 (106-97)

SB 754  RE: Digital Plan Transmissions (by Sen. Rosemary Brown, et al)

Amends the Pennsylvania Municipalities Planning Code, in general provisions, providing a county or municipality required to propose a plan, amendment or proposed land use ordinance for review may do so electronically. Further provides provisions related to electronic transmission by a municipality or county. LGC Bill Summary

Reported as committed from Senate Appropriations Committee, 9/18/2023
Read third time, and passed Senate, 10/2/2023 (49-0)
Received in the House and referred to House Local Government Committee, 10/3/2023

SB 934  RE: Reducing Project Delivery Costs at the Pennsylvania Turnpike Commission (by Sen. Wayne Langerholc, et al)

Amends the Pennsylvania Municipalities Planning Code, in repeals, further providing for general repeal. Excludes laws administered by the Pennsylvania Turnpike Commission from being repealed by the act. The legislation will place PTC under the same exemption from local municipal ordinances as the Pennsylvania Department of Transportation.

Introduced and referred to Senate Transportation committee, 9/14/2023
Reported as committed from Senate Transportation Committee, and read first time, 9/19/2023

NONE

NONE

NONE

HB 652  RE: Environmental Justice - Permit Applications (by Rep. Donna Bullock, et al)

Amends Title 27 (Environmental Resources) providing for issuance of permits in burdened communities. Directs the Department of Environmental Protection (DEP), in consultation with the secretary of the commonwealth, to adopt a list of burden communities in the commonwealth no later than 120 days after the effective date of this section, further directing DEP to update the list periodically as new data on median annual household income becomes available and after each federal decennial census is officially reported as required by federal law. Provides the governing body of a municipality in which a burdened community is located, in consultation with appropriate community groups, shall designate a representative of the burdened community no later than 60 days after the burdened community's designation. Prevents DEP from granting permits for a new facility of expansion of an existing facility without specific actions taken by the permit applicant if located in whole or in part in a burdened community, beginning 180 days after the effective date of this section, further providing for a public hearing and issuance of a decision from DEP 60 days after the public hearing. Allows DEP to promulgate rules and regulations to implement the provisions of this chapter. Directs DEP to public all permits granted under this chapter, along with any guidance documents, on the department's website.

Reported as committed from House Rules Committee, laid on the table, removed from the table, and Rereferred to House Rules Committee, 9/22/2023

NONE

HB 1449  RE: Establishing a Statewide Responsible Contractor Law (by Rep. Josh Siegel, et al)

Amends Title 62 (Procurement), in source selection and contract formation, providing for additional qualifications for public work projects; imposing duties on the Office of State Inspector General; and imposing penalties.

Reported as committed from House Rules Committee, laid on the table, removed from the table, and Rereferred to House Rules Committee, 9/22/2023

SB 910  RE: Expungement of Disciplinary Records (by Sen. Jarrett Coleman, et al)

Amends Title 63 (Professions and Occupations (State Licensed)), in powers and duties, to provide for violations otherwise specified in the schedule of civil penalties under paragraph (1) and to require the licensee, registrant, certificate holder or permit holder to make written application to the commissioner for expungement no earlier than five years following the final disposition of the disciplinary record.

Introduced and referred to committee on Senate Consumer Protection & Prof. Licensure Committee, 9/14/2023

NONE

SB 927  RE: Separations Act (by Sen. Doug Mastriano, et al)

Amends The Second Class Township Code, in contracts, further providing for separate specifications for branches of work to specify provisions do not include the act entitled "An act regulating the letting of certain contracts for the erection, construction, and alteration of public buildings." Replaces language providing for "shall" to assert "may".

Introduced and referred to Senate Local Government Committee, 9/19/2023

NONE

SB 346  RE: CNIT (by Sen. Greg Rothman, et al)

Amends the Tax Reform Code, in corporate net income tax, providing for net losses incurred by corporations in Pennsylvania to be aligned with federal law.

On Senate Calendar, 10/2/2023

NONE

NONE

HB 1465  RE: Underground Infrastructure Works Act (by Rep. Dave Delloso, et al)

Establishes minimum workplace standards for public utilities regarding a contractor or subcontract that engaging in underground infrastructure work. Provides prevailing wage requirements.

On House Calendar, 10/2/2023

HR 222  RE: Careers in Construction Month (by Rep. Ryan Mackenzie, et al)

A Resolution designating the month of October 2023 as "Careers in Construction Month" in Pennsylvania.

Introduced and referred to House Labor and Industry Committee, 9/26/2023

SB 69  RE: Recovery-to-Work Pilot Program (by Sen. Wayne Langerholc, et al)

An act establishing Recovery-to-work as a pilot program within the Department of Labor and Industry (L&I); and providing for local recovery-to-work pilot programs, for incentives to encourage business participation and for powers and duties of the department.

Reported as committed from Senate Appropriations Committee, 10/2/2023

Read third time, and passed Senate, 10/3/2023 (29-19)
Received in the House and referred to House Labor and Industry Committee, 10/3/2023

House Commerce
10:00 a.m., Room B31, Main Capitol
To consider: HB 842  (Kenyatta) - Act providing for mandatory contract provisions to prevent misuse of State grants or loans.

Senate Intergovernmental Operations Committee
9:30 a.m., Hearing Room 1, North Office Building

Public hearing on data sharing practices between PennDOT, DOS, and third parties

Live Stream

The House stands in recess until September 26, pending resumption of the budget process

October            2, 3, 4, 16, 17, 18, 30, 31

November        1, 13, 14, 15

The Senate recessed until September 18, pending resumption of budget process

October             2, 3, 4, 16, 17, 18, 23, 24, 25

November         13, 14, 15

December          11, 12, 13

PUBLIC WELCOME 

All Board meetings are held in person and remotely via Teams. In-person meetings will be held at a new location: 2525 N. 7^th Street, Harrisburg, PA

https://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/EngineersLandSurveyorsandGeologists/Pages/General-Board-Information.aspx#.VHNkfFZOk5s

Remaining 2023 meeting dates: November 8

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

1 Technology Park, Commonwealth Technology Center (CTC), Harrisburg, PA 17110

1:30 PM – 3:00 PM

2023 Meeting Schedule: August 10, November 16

https://www.oa.pa.gov/Programs/Information%20Technology/Pages/geoboard.aspx

Next meeting dates: September 14, 2023 @ 9 am • January 4, 2024 @ 9 am • February 1, 2024 @ 9 am (RAC Public Hearing – East) • February 29, 2024 @ 9 am (RAC Public Hearing – Harrisburg) • March 28, 2024 @ 9 am (RAC Public Hearing – West) Questions concerning these virtual meetings may be directed to Kristen Gardner at (717) 346-1497.

All meetings are scheduled to begin at 10 AM. https://www.dli.pa.gov/ucc/Pages/UCC-Review-and-Advisory-Council.aspx