Legislative Action

Agenda: https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:f46959ae-9994-4dfc-af32-242cc80202bb

The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on May 15, via hybrid meeting format. Following are the highlights.

∙ Board President Robert Kudlawiec, PE, presided, and welcomed the members. He had no further report.  

∙ Board member reports: John Luciani, PE, PLS, reported that he had presented to the PA State Associatioin of Township Supervisors (PSATS) on engineering ethics.  No other reports.

∙ Acting Commissioner Arion Claggett reported that past President Joe McNally, PG, has been reappointed by the Governor, pending Senate confirmation.

∙ Board Administrator Kristel Hennessey Himler discussed Professional Land Surveyor applicants previously approved for NCEES Fundamentals of Surveying Exam using experience, not education, and Act 32 of 2024. Candidates have been confused on the new requirements. Himler also reported on the ASBOG March 2025 Exam Report. The passing rate is right on track with the national average; applicants who failed were sent their exam sheets and automatically registered for the next exam in October 

∙ Board Prosecution Liaison Ray Michalowski, Esq. had no cases to present.

∙ Board Counsel Ashley Goshert, Esq., presented one motion on a PE case. The motion was granted, and the adjudication and order was approved. She deferred to Regulatory Counsel Marc Farrell, who is working on an Ethics addition to the Board regs. Also, he gave an update on  16A-4717 Engineer Interns; Decoupling Experience Requirement with Intern Certificates. The amendment allows for differences in experience before and after an individual passed their exam; changes some language to engineer interns from engineer training; adds on some ethics requirements. No discussion, motion passed. 

∙  The Board discussed the following upcoming national meetings: NCEES Annual 2025 Conference – August 19-22, 2025, New Orleans, Louisiana - Nominating who will attend the conference. No discussion, motion passed; ASBOG Annual Conference – October 14-18, 2025, Salt Lake City, Utah. Nominating who will attend the conference. No discussion, motion passed; NCEES Mutual Recognition Agreement with UK. Discussion of a possible legislative initiative to allow for an agreement with the UK for extra licenses for engineers travelling or moving residents; this license would allow them to practice outside of the country they initial earned their certification in; and NCEES Spring 2026 Exam Changes - There will be new specifications for some of the engineering exams; these specifications will be listed in full on their website. No discussion, motion passed 

∙ The Board reviewed and approved one Examination applications and licensure ratifications. 1 Act 41/Endorsement Ratifications were approved.

The next meeting is July 24, with both in-person and virtual options for attendees, at 2525 N. 7^th Street, Harrisburg. Public Session begins at 10:30 AM

HB276 RE: Employee Misclassification Working Group (by Rep. David M. Delloso, et al)

The Employee Misclassification Working Group Act provides for interagency cooperation regarding employee misclassification; and establishes the Employee Misclassification Working Group to coordinate enforcement strategies involving state agencies and employee misclassification, provides for working group representatives. Allows the Department of Revenue to provide state tax information to the Department of Labor and Industry’s Office of Unemployment Compensation Tax Services, and other offices to assess or investigate employee misclassification. Directs state agency business applications to include and use federal employer identification numbers. Directs the working group to meet at least quarterly.

Reported as committed from House Intergovernmental Affairs and Operations Committee, read first time, and laid on the table, 5/12/2025

HB721 RE: Strengthening the Construction Workplace Misclassification Act (by Rep. Kyle Donahue, et al)

Amends the Construction Workplace Misclassification Act, further providing for definitions, for improper classification of employees and for criminal penalties; providing for private right of action; further providing for administrative penalties, for retaliation for action prohibited, for availability of information, for use of penalty funds and for funding; and imposing penalties. Adds definitions. Under enforcement, replaces language to include that if the secretary finds that an employer has failed to properly classify an individual as an employee for the purposes of the act, the secretary shall impose administrative penalties and may refer the matter to the Attorney General for criminal investigation. Strikes “intentionally” from the language and adds supplying labor for construction knowing the employer will misclassify the supplied employees under acting in concert with other parties. Outlines the grading scale, to include a misdemeanor of the first degree if no prior offense exists and a felony of the third degree if the employer has one or more offenses. Adds further definitions. Establishes private right of action within three years from the date that the employee knew of the violation, retaliation or discrimination. Provides for relief, including reinstatements, restitution equal to three times the wages, reasonable attorney fees and other legal and equitable relief. Adds financial audits or tax audits to administrative penalties. Provides for intentional violations, allowing the secretary to debar, for a period of at least three years, the contractor, subcontractor or person from bidding on or participating in a public work project. Prohibits retaliation actions against employees. Requires the availability of the act posted in a conspicuous place. Strikes language in section 12 (use of penalty funds and recovered fees and costs), adding any sum collected as a penalty, recovered attorney fee or cost associated with any investigation under the act shall be deposited into a restricted revenue account created in the General Fund. Allows the Attorney general or district attorney’s office to recover attorney fees and costs associated with the investigation of construction worker misclassification, along with any resulting enforcement action, from employers who violate the provisions.

Removed from table, 5/7/2025

Read second time, and re-committed to House Appropriations Committee, 5/12/2025 

Re-reported as committed from House Appropriations Committee, read third time, and passed House, 5/13/2025 (113-90)

Referred to Senate Labor and Industry Committee, 5/22/2025 

HB1330 RE: The General Appropriation Act of 2025 (by Rep. Jordan A. Harris, et al)

Provides appropriations from the General Fund for the expenses of the Executive, Legislative and Judicial Departments of the commonwealth, the public debt and the public schools for the fiscal year July 1, 2025, to June 30, 2026, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2025; to provide appropriations from special funds and accounts to the executive and judicial departments for the fiscal year July 1, 2025, to June 30, 2026, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2025; to provide for the appropriation of federal funds to the executive and judicial departments for the fiscal year July 1, 2025, to June 30, 2026, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2025; and to provide for the additional appropriation of federal and state funds to the executive and legislative departments for the fiscal year July 1, 2024, to June 30, 2025, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2024.

Reported as committed House Appropriations Committee, read first time, laid on the table, and removed from table, 5/7/2025

Read second time, and re-committed to House Appropriations Committee, 5/12/2025 

SB160. RE: The General Appropriation Act of 2025 (by Sen. Scott Martin)

Provides appropriations from the General Fund for the expenses of the Executive, Legislative and Judicial Departments of the commonwealth, the public debt and the public schools for the fiscal year July 1, 2025, to June 30, 2026, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2025; to provide appropriations from special funds and accounts to the Executive and Judicial Departments for the fiscal year July 1, 2025, to June 30, 2026, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2025; to provide for the appropriation of federal funds to the Executive and Judicial Departments for the fiscal year July 1, 2025, to June 30, 2026, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2025; and to provide for the additional appropriation of federal and state funds to the Executive and Legislative Departments for the fiscal year July 1, 2024, to June 30, 2025, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2024. Section 8101 shall take effect immediately. The remainder of this act shall take effect July 1, 2025, or immediately, whichever is later.

Reported as committed from Senate Appropriations Committee, and read first time, 5/12/2025 

Read second time, and re-committed to Senate Appropriations Committee, 5/13/2025 

SB323 RE: The Keystone National Finance Authority (by Sens. David G. Argall and Sharif Street)

Amends Title 64 (Public Authorities and Quasi-Public Corporations), in economic development financing, adding a chapter to provide for Keystone National Finance Authority. Provides for findings and declaration of policy. Provides definitions. Establishes the Keystone National Finance Authority as an independent authority that is an instrumentality of the commonwealth and a body corporate and politic, with corporate succession. Provides that the authority shall be governed by the board and the powers of the authority shall be exercised by the board. Asserts that the expenses of the authority shall be paid from assets or income of the authority, specifying that the commonwealth shall not be responsible for funding the expenses of the authority. Provides that the fiscal year of the authority shall end on June 30. Provides for an annual audit. Requires the authority to annually transmit audited financial statements to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. Requires executive agencies to cooperate with and provide assistance to the authority without financial reimbursement. Allows the authority to be dissolved by law if all outstanding liabilities have been fully paid, retired, satisfied or discharged. Provides for procurement. Establishes limitations on actions. Requires an administrator to operate the authority. Outlines what acts apply to the authority and the board relating to notice and open meetings. Details who the board shall be comprised of. Directs the governor to select a member of the board to serve as chairperson and members to select other officers among members of the board. Provides for board meetings and proxy, quorum, compensation, fiduciary relationship, standard of care, liability and initial appointment and vacancy. Grants powers to the authority. Requires the authority to finance projects in one or more states or territories of the U.S. by issuing conduit revenue bonds. Provides for the issuance of bonds. Outlines commonwealth taxation and federal taxation. Establishes the validity of bonds and limitations on actions. Provides provisions of bonds and trust agreements. Establishes the validity of pledge and commonwealth pledges. Provides for bonds to be legal investments. Outlines rights and remedies of obligees. Provides benefits to the commonwealth.

Read second time, and re-referred to Senate Appropriations Committee, 5/7/2025

HB500 RE: Lightning Plan: Improve the EDGE Tax Credit (by Rep. John C. Inglis III, et al)

An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in Pennsylvania Economic Development for a Growing Economy (PA EDGE) Tax Credits, repealing provisions relating to local resource manufacturing, providing for Reliable Energy Investment Tax Credit, repealing provisions relating to Pennsylvania milk processing and providing for Pennsylvania milk processing; in regional clean hydrogen hubs, further providing for definitions, for eligibility, for application and approval of tax credit, for use of tax credits and for applicability; in semiconductor manufacturing and biomedical manufacturing and research, further providing for definitions and for application and approval of tax credit and providing for geothermal energy and for sustainable aviation fuel; and, in application of Prevailing Wage Act, further providing for definitions.

Reported as amended from House Finance Committee, read first time, and laid on the table, 5/7/2025 

Removed from table, 5/12/2025 

Amended on House floor, read second time, and re-committed to House Appropriations Committee, 5/13/2025 

Re-reported as amended from House Appropriations Committee, read third time, and passed House, 5/14/2025 (108-95)

Referred to Senate Finance Committee, 5/22/2025 

HB504 RE: Lightning Plan: Community Energy (by Rep. Peter Schweyer, et al)

The Community Energy Act provides for community energy facilities; imposes duties on the Pennsylvania Public Utility Commission (PUC), electric distribution companies and subscriber organizations; and provides for prevailing wage and labor requirements. Outlines General Assembly findings and declarations. Provides definitions. Allows a community energy organization or subscriber administrator to develop, build, own or operate a community energy facility. Allows for a subscriber to a community energy facility to receive a monetary bill credit for every kilowatt hour produced. Requires PUC to establish a bill credit and further promulgate regulations providing for the protection and participation of a residential customer who has a subscription with a community energy organization or subscriber administrator, electric distribution companies and subscriber organizations. Provides for community energy projects. Requires enforcement by the Department of Labor and Industry for violations. Stipulates that this act shall be construed to minimize direct or indirect costs related to community energy facilities to ratepayers of an electric distribution company that are not subscribers.

Reported as committed from House Consumer Protection, Technology and Utilities Committee, read first time, and laid on the table, 5/2/2025 

Removed from table, 5/5/2025 

Amended on House floor, read second time, and re-committed to House Appropriations Committee, 5/6/2025 

Re-reported as amended from House Appropriations Committee, read third time, and passed House, 5/7/2025 (114-98)

Referred to Senate Consumer Protection and Professional Licensure Committee, 5/22/2025 

HB789 RE: Expanding C-PACE to Include Electric Vehicle Charging Infrastructure (by Rep. Joe Ciresi, et al)

Amends Title 12 (Commerce and Trade), in Property Assessed Clean Energy Program, further providing for purpose to include electric vehicle charging infrastructure, for definitions to define “electric vehicle charging infrastructure project” and to revise the definition of “qualified project” and for scope of work to add a subsection. Directs a municipality or county that approves an electric vehicle charging infrastructure project by an alternative fuel dealer-user as defined in 75 Pa.C.S. § 9002 (relating to definitions) under a program to send a notice to the Department of Revenue (DOR) upon completion of the project which includes a description of the electric vehicle charging infrastructure project, the date of completion of the electric vehicle charging infrastructure project and contact information for the commercial property owner. Requires DOR to ensure that any tax amount required to be paid to DOR under 75 Pa.C.S. § 9004(d) (relating to imposition of tax, exemptions and deductions) is collected for the charging of electric vehicles using facilities or equipment completed under the electric vehicle charging infrastructure project

Read second time, and re-committed to House Appropriations Committee, 5/5/2025 

Re-reported as committed from House Appropriations Committee, read third time, and passed House, 5/6/2025 (107-96)

Referred to Senate Environmental Resources and Energy Committee, 5/16/2025 

SB349 RE: Bonding of Solar Installations (by Sen. Gene Yaw, et al)

Amends Title 27 (Environmental Resources), in environmental protection, adding a chapter to provide for decommissioning of solar energy facilities. Provides definitions. Mandates a solar energy facility agreement executed after the effective date to provide that the grantee is responsible for decommissioning the grantee’s solar energy facility on the surface property owner's property per this chapter no later than 18 months after the facility has ceased producing electricity, except for an instance when the grantee is actively working to recommence production of electricity, including an instance after the occurrence of a force majeure or similar event. Requires proof of financial assurance. Stipulates that the amount of financial assurance shall be equal to the estimated cost to decommission the solar energy facility. Requires a grantee to deliver a decommissioning plan and proof of financial assurance to the county recorder of deeds, providing guidelines. Specifies what shall be an acceptable form of financial assurance. Prohibits a decommissioning plan, the associated financial assurance and the salvage value of a solar energy facility to reduce the financial assurance from being separated from the solar energy facility through a change in grantee ownership. Provides guidelines for the new grantee and the prior grantee. Requires the Department of Environmental Protection, by regulations and in consultation with the solar energy industry, to develop a provisional standard form for a decommissioning plan and financial assurance to be filed with the county recorder of deeds. Specifies what temporary regulations shall not be subject to. Outlines the contents that the provisional standard form and final standard form shall include. Provides for the prevention of forced labor. Provides for the preemption of local ordinances and regulations, asserting that the regulation of the decommissioning of solar energy facilities is a matter of general statewide interest that requires uniform statewide regulation. Establishes what the requirements under this chapter shall not apply to.

Re-referred to Senate Appropriations Committee, and re-reported as committed from Senate Appropriations Committee, 5/5/2025 

Read third time, and passed Senate, 5/6/2025 (49-1)

Referred to House Environmental and Natural Resource Protection Committee, 5/13/2025 

Reported as committed from House Environmental and Natural Resource Protection Committee, read first time, and laid on the table, 6/2/2025

SB501 RE: Lightning Plan: PRESS (by Sen. Steven J. Santarsiero, et al)

An Act amending the act of November 30, 2004 (P.L.1672, No.213), known as the Alternative Energy Portfolio Standards Act, further providing for definitions; providing for force majeure; further providing for alternative energy portfolio standards, for portfolio requirements in other states, for health and safety standards and for interagency responsibilities; providing for zero emissions credits; and making editorial changes.

Referred to Senate Environmental Resources and Energy Committee, 5/12/2025 

SB502 RE: Lightning Plan: RESET Board (by Sen. John I. Kane, et al)

Amends Title 27 (Environmental Resources), establishing the Reliable Energy Siting and Electric Transition Board. Adds definitions. Establishes the Reliable Energy Siting and Electric Transition Board within the department and outlines the membership guidelines. Outlines quorum and meeting procedures, expenses and administrative services guidelines. Provides for the powers and duties of the board, including appointing an executive director, approving contracts, consulting, promulgating regulations and performing other operational activities. Establishes a certificate of reliable energy supply and outlines the restrictions. Outlines the application process and provides for public participation. Outlines the fee guidelines and allows for modifications. Outlines the application review and appeal process. Establishes the Pennsylvania Siting Advisory Council and outlines the membership guidelines. Outlines the duties of the council, including making policy recommendations, advising and assisting the board and providing recommendations to the board. Outlines the list of laws not affected, limited or impaired by the chapter.

Referred to Senate Environmental Resources and Energy Committee, 5/12/2025 

SB503 RE: Lightning Plan: PACER (by Sen. Carolyn T. Comitta, et al)

The Pennsylvania Climate Emissions Reduction (PACER) Act establishes the Pennsylvania Climate Emissions Reduction Program; imposes powers and duties on the Environmental Quality Board (EQB), the Pennsylvania Public Utility Commission (PUC) and the Department of Environmental Protection (DEP); and establishes the Consumer Protection Account, the Pennsylvania Energy Transformation Account, the Workforce Enhancement Fund, the Workforce Enhancement Fund Board and the Low-income Support Account. Lists General Assembly findings. Provides definitions. Requires the administration of a Pennsylvania-run auction in accordance with 25 Pa. Code § 145.401(b). Provides implementation, administrative support and compliance. Mandates DEP review the Pennsylvania CO2 Budget Trading Program base budget, consider available economic modeling regarding the impact of a PACER emission budget on costs passed on to consumers and consult with the Office of Consumer Advocate and advocates for low-income Pennsylvanians and representatives of large energy users and consider available studies and modeling regarding the impact of a PACER emission budget. Requires set-aside allocations. Establishes prohibitions. Provides for the depositing of proceeds and expenditures. Requires the commission to require entities receiving payment from the Consumer Protection Account on behalf of ratepayers to provide the amount of the direct credit on a line on each customer's bill with the title “PACER Bill Credit.” Outlines eligible projects for the grant program for the Pennsylvania Energy Transformation Account. Requires submission of an annual report. Asserts that a grantee awarded money under the Workforce Enhancement Fund must pay at least the prevailing wage rate for workers on the project, and no less than 40% of the money in the fund shall be allocated to projects located in environmental justice areas. Lists and details eligible projects. Provides for the Workforce Enhancement Fund Board and board membership. Establishes board powers and duties. Asserts that money deposited into the Low-Income Support Account shall be used, in accordance with law, to supplement Low-Income Home Energy Assistance Program (LIHEAP) grants or other grants that provide cooling assistance for eligible customers who seek financial resources to cover cooling expenses.

Referred to Senate Environmental Resources and Energy Committee, 5/12/2025 

SB504 RE: Lightning Plan: Community Energy (by Sen. Judy L. Schwank, et al)

The Community Energy Act provides for community energy facilities; imposes duties on the Pennsylvania Public Utility Commission, electric distribution companies and subscriber organizations; and provides for prevailing wage and labor requirements. Adds definitions. Authorizes a community energy organization to own or operate a community energy facility. Provides bill credits to a subscriber to the community energy facility for every kilowatt hour produced and outlines the facility requirements for authorization and provision of bill credits. Requires the commission to establish bill credits within 180 days of the effective date. Provides for the protection of customers, for standardized customer disclosure forms, subscription costs, outlines the benefits and costs, prohibits termination and cancellation fees and outlines the net crediting requirements. Outlines the duties of the electric distribution companies, including reporting requirements on bill credits, the application process and transferability of subscriptions. Provides for compensation and cost recovery for electric distribution companies and establishes interconnection standards for community energy facilities, outlining application and administrative fee requirements. Adds that an electric distribution company shall purchase unsubscribed energy from a community energy facility at the company’s wholesale energy cost as determined by the commission. Requires customer participation in community energy programs, outlining regulation requirements to enable participation. Outlines the temporary regulation content requirements, including for low-income customers. Outlines the location of multiple community energy facilities, procedures and establishes prevailing wage and labor requirements. Provides for violations and fines equivalent to 10% of the value of the bill credit multiplied by the estimated 25-year production of the community energy facility. Provides ratepayer protections.

Referred to Senate Consumer Protection and Professional Licensure Committee, 5/12/2025 

SB505 RE: Lightning Plan: Modernize Energy Efficiency in the Commonwealth (by Sen. Lisa M. Boscola)

Amends Title 66 (Public Utilities), in restructuring of electric utility industry, further providing for energy efficiency and conservation program. Adds “resilience” to the “energy efficiency, resilience and conservation program.” Requires the Pennsylvania Public Utility Commission (PUC) to adopt an energy efficiency, resilience and conservation program, including extreme weather event measures to increase consumer resilience. Requires electric distribution companies to bid contracts with conservation service providers unless otherwise redirected by PUC. Asserts PUC will approve specified targeted consumption reduction rates of no greater than 10% to be obtained from subsidized housing and housing authorities. Allows other selection mechanisms to be considered for contracts between one or more conservation service providers. Requires the plans to increase customer resilience to extreme weather events for households at or under the federal poverty income guidelines. Allows alternative income levels established by PUC to be used if less than 150% of the Federal poverty income guidelines. Allows PUC to establish alternative compliance mechanisms for direct installations of energy-efficient equipment upon request by an electric distribution company. Outlines details regarding the analysis of the electric distribution company’s administrative costs. Provides guidelines on energy efficiency, resilience and conservation plans submitted to the program. Requires PUC to compare plans implemented under this section to the total energy, resilience and capacity costs for retail customers in the commonwealth or other costs determined by PUC by November 30, 2030. Prohibits PUC from disapproving plans based solely on mechanical insulation. Provides penalties for the failure to submit plans under this section. Includes specifications regarding plan costs and limitations. Prohibits electric distribution companies from including management-related costs of plans under this section from calculating a rate-based rate of return. Provides financial incentive mechanisms. Requires PUC to direct the statewide evaluator to investigate and prepare a report regarding the energy efficiency, resilience and conservation program to determine its effectiveness. Requires PUC to post the report on their public website. Provides definitions.

Referred to Senate Consumer Protection and Professional Licensure Committee, 5/12/2025 

SB758 RE: Expanding the Use of Mechanical Insulation Under Act 129 (by Sen. Wayne Langerholc, et al)

The Mechanical Insulation Act provides for energy efficiency and conservation plans with inclusion of mechanical insulation. Provides definitions. Prohibits the Pennsylvania Public Utility Commission from disapproving an energy efficiency and conservation plan filed by an electric distribution company solely due to the inclusion of mechanical insulation, which is demonstrated to be cost-effective using a total resource cost test approved by the commission.

Referred to Senate Consumer Protection and Professional Licensure Committee, 5/22/2025

HB1018 RE: Rebuilding PA with American-made Products (by Rep. Frank Burns, et al)

Amends the Steel Products Procurement Act, further providing for contracts for public works to use or supply steel products and for restrictions on payments by public agencies under certain circumstances. Requires anyone initiating a construction or maintenance project using public funding or tax incentives must use steel products as herein defined if any steel products are used or supplied in the project. Prohibits a public agency from authorizing or funding anyone using public funding or tax incentives when unidentified steel products are used. Requires the individual to provide documentation the steel was made in the United States as well as a certification which satisfies the public agency that such person has fully complied with the provision required under section 4. Mandates that any faulty payments made to the individual from a public agency for violating the provisions of this section will be recoverable directly from the contractor or supplier who did not comply with section 4 by either such public agency or the Attorney General of Pennsylvania.

Reported as committed from House State Government Committee, read first time, and laid on the table, 5/13/2025

Removed from table, 6/3/2025

Read second time, and recommitted to House Appropriations Committee, 6/4/2025

SB444 RE: Automatic Three-Year Review of Economically Significant Regulations (Sen. Michele Brooks, et al)

Amends the Regulatory Review Act, further providing for definitions and for existing regulations. Adds a definition for “economically significant regulation.” An “economically significant regulation” is defined as one that has a fiscal impact on the Commonwealth, its political subdivisions, or the private sector that exceeds $1 million annually. Establishes reporting requirements after an economically significant regulation has been in effect for three years.

Reported as committed from Senate Intergovernmental Operations Committee, and read first time, 6/4/2025