Legislative Action

Senate Bill 403, legislation that updates licensing requirements of Professional Engineer, passed the Senate last month, and was referred to the House Professional Licensure Committee on February 20. PSPE is aware that some organizations with an interest in continuing to skirt the Registration Act will attempt to amend the bill in the House. PSPE opposes these unnecessary amendments.

PSPE supports this bill as is and encourages members to now contact their local state House members to ask for their support. Please click here to help with this effort.

State Registration Board for Professional Engineers, Land Surveyors and Geologists March 13 Meeting Notes

The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on March 13, via hybrid meeting format. Following are the highlights.

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

∙ Board Prosecutor Glenn Masser, Esq., presented two Consent Agreements, which the Board had discussed in Executive Session and the consent agreement were approved.

∙ Board Counsel Ashley Goshert, reported on the status of SB 403. She also presented three other cases for the board to consider. She had no regulatory report.

∙ Acting Commissioner Arion Claggett did not attend, nor did he send a report.

∙ Board Administrator Kristel Hennessey Hemler reported there has been an influx of Act 41 applications, mostly from Washington, which the Board reviewed and approved. She also noted that NCEES had contacted the Board, looking for and Environmental Engineer for a “Knowledge Study”. Anyone interested should call NCEES, and ask for Andy.

The Board acknowledged Mike Brinkash for his many years of service, as he will be leaving the board at the end of his term. Brinkash thanked the Board for the opportunity to serve. McNally read a congratulatory proclamation from the Governor.

The next meeting is May 29, 2024, with both in-person and virtual options for attendees, at the new location, 2525 N. 7^th Street, Harrisburg. Public Session begins at 11 AM

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

2025 dates: January 30, March 27, May 15, July 24, September 18, November 13

The Shapiro Administration’s efforts to enhance and improve permitting are showing early success as the Department of Environmental Protection (DEP) improves online permitting, online payment, and delivers on-time permit decisions.

DEP has successfully implemented the PAyback program, the Shapiro Administration’s online money-back guarantee system and begun making significant progress in reducing backlogs and speeding up processing timelines. Through the PAyback program, led by the Office of Transformation and Opportunity (OTO) and the Commonwealth Office of Digital Experience (CODE PA), application fees are returned to applicants upon request if agencies don't take action on applications submitted on or after November 1, 2023 within set review timeframes. To date, DEP has not been required to refund a single application fee.

DEP has also pledged to address the backlog of permits that were overdue before the implementation of PAyback, and has seen a drastic reduction in the permit backlog. DEP has hired 15 new staff members dedicated to processing permits, thanks to investments from the 2023-24 budget signed into law by Governor Shapiro, and has utilized some staff working overtime when needed to address the backlog. Since hiring the additional staff members and cataloging and reviewing DEP’s nearly 800 available types of permits, DEP has reduced the backlog of permits by nearly 900 individual permits – or 41 percent – as of March 1, 2024.

“Permit modernization is instrumental in establishing an excellent customer service model and providing support to all stakeholders through the permitting process," said DEP Interim Acting Secretary, Jessica Shirley. “As we continue to implement updates and enhancements, DEP will improve the user experience and the application and review process. At the same time, DEP will continue to protect human health and the environment and ensure compliance with Pennsylvania’s environmental laws and regulations.”

DEP has also made it easier for businesses to upload documents and payments for permit applications electronically. Applicants can now use DEP's Public Upload, a new service which allows individuals, small businesses, and corporations to electronically upload documents and payments. DEP's Public Upload system was implemented in December 2023, and since then, more than 7,100 documents have been submitted, collecting more than $600,000 in revenue. Electronic submissions are the most efficient way to submit documents, providing for the fastest review timeframes for authorization, and enhanced security.

“Governor Shapiro has made clear that Commonwealth agencies need to streamline permitting and enhance their customer experience to demonstrate that Pennsylvania is open for business,” said Chief Transformation Officer Ben Kirshner. “DEP is leading the way by changing how it does business, reducing its backlog and improving how it interacts with permit-seekers, while continuing to vigilantly protect our environment.”

Additional initiatives underway at DEP as part of permit modernization include:

• Finalizing a pilot program to evaluate new procedures that will improve the quality of submissions and review efficiency of Chapter 102 Individual National Pollutant Discharge Elimination System (NPDES) permit applications. This pilot program is expected to reduce the review timeframe by 73 business days and improve the quality of applications received.
• Creating a quarterly Agriculture Permitting Stakeholder Roundtable to engage farmers, conservation district managers, owners, operators, producers, and consultants to collect feedback on permitting processes.
• Formalizing a pre-application meeting process to better-inform potential applicants of the permitting process and the specific permits they need. The Permit Application Consultation Tool (PACT) is available online.
• Undergoing User Experience (UX) research with key stakeholders that will provide useful insights into what they need and value during the application process. The goal of the customer experience initiative is to understand and improve the applicant’s experience and reduce bottlenecks in review.

DEP aims to complete more projects in the coming months. DEP will provide updates to the public on process improvements and related review timeliness data as projects are completed.

The committee held a public hearing on HB 1364 on March 18. Rep. Keith Greiner (R-Lancaster), prime sponsor of House Bill 1364, explained his bill would grant licensing boards the ability to issue advisory opinions on regulations, aiming to provide assurance to licensees and prevent disciplinary actions. He mentioned the bill's bipartisan support and its similarity to practices by the Department of Revenue (DOR).

Jennifer Cryder, CEO, PA Institute of Certified Public Accountants (PICPA), testified in support of House Bill 1364, emphasizing its potential to attract and retain talent in Pennsylvania by facilitating clearer licensure processes and supporting professional development. She argued that the bill would promote regulatory compliance, public safety, and professional development.

Aaron Shenck, executive director, Mid-Atlantic Association of Career Schools (MAACS), expressed support for House Bill 1364, highlighting the challenges faced by licensees and schools in obtaining guidance on compliance with state laws. He argued that the bill would enhance consumer protection, help licensees avoid penalties, and streamline the licensure process.

Christopher Clavey, president, PA Funeral Directors Association, advocated for the passage of House Bill 1364, pointing out the significant changes in funeral service practices and the outdated nature of current funeral laws. He detailed specific challenges faced by funeral directors and argued that advisory opinions would reduce the risk of prosecution for practitioners.

Arion Claggett, acting commissioner, Bureau of Professional Licensure (BPOA), explained House Bill 1364 would “saddle” board staff with new responsibility, as well as unintended consequences on existing disciplinary consequences on civil or criminal proceedings. He reported that BPOA has more than one million licenses and staff already provides answers to questions, short of providing official advisories. Claggett said that BPOA’s current staffing complement would need to be increased to handle the increased number of requests, which would cost more than $1 million. He explained that providing advisories to specific answers would likely increase the time it takes to obtain a license.

Minority Chairman Carl Metzger (R-Somerset) asked Claggett about the current number of board council positions. Claggett responded there are currently 70. Chairman Metzger then inquired about the anticipated increase in staff needed if proposed legislation were enacted, and Claggett estimated that approximately 10 more attorneys would be needed. Chairman Metzgar asked for clarification on the estimated million-dollar fiscal impact, and Claggett cited the need for additional board staff beyond the attorneys. Metzgar emphasized the importance of making the law clear for professionals to comply without confusion and asked if there had been collaboration with Rep. Greiner on refining the bill. Claggett responded that he had not worked with Rep. Greiner but was open to it.

Rep. Kyle Mullins (D-Lackawanna) inquired about the possibility of BPOA issuing advisory letters similar to the Department of Revenue's practice, considering the specific impacts of BPOA's advice on livelihoods and health care decisions. Cryder supported the idea, noting the usefulness of such guidance in her profession as examples of regulatory mindsets.

Rep. Thomas Mehaffie (R-Dauphin) asked about the practice of issuing advisory opinions by the Pennsylvania Liquor Control Board (PLCB) and why these opinions are not made public to prevent duplicate inquiries. Rep. Greiner acknowledged the complexity of the legislation in question, emphasizing the goal of passing effective legislation and the challenges of applying its provisions to varied fact patterns. He expressed a desire to ensure compliance and good faith efforts. Rep. Mehaffie highlighted the importance of advisory opinions for licensees, pointing out the financial burden of potentially hiring additional attorneys to comply with regulations and suggested looking at PLCB as a model for managing advisory opinions. Rep. Mehaffie expressed his support for a bill, highlighting its potential benefits for licensees, including real estate agents and liquor license holders. He noted the progress in licensing but emphasized that the bill could offer further advantages.

Rep. Arvind Venkat (D-Allegheny) asked Claggett about DOS’s expectations for licensed health professionals in critical situations without the proposed legislation. He used the example of a respiratory therapist at a critical access hospital to illustrate the life-and-death implications of unclear licensing regulations. Claggett responded that DOS provides accurate information but does not offer advisory opinions due to the complexity of situations. He mentioned that those seeking advisory opinions are referred to the law, advised to obtain legal counsel, or suggested to seek changes in the law through local legislators. Rep. Venkat emphasized the urgency of the proposed legislation, criticizing DOS for its complaint-based operation and lack of clear guidance for licensed professionals. He argued that the legislation's small cost is justified by the potential to save lives.

Rep. Torren Ecker (R-Adams) inquired about collaboration with DOR and the implementation of procedures similar to private letter rulings. He encouraged collaboration to support the legislation and mentioned that CPAs view the current process positively. Claggett stated that there had been no discussions with DOR regarding collaboration or the implementation of similar procedures.

Rep. John Lawrence (R-Chester) said he was frustrated with BPOA's opposition to the legislation, citing the $1 million annual cost as minor compared to the department's spending and the overall state budget. He argued for the importance of posting advisory opinions online to bring clarity and reduce litigation. Claggett disagreed with Rep. Lawrence's view, arguing that the proposed legislation would lead to confusion. He cited a recent example where a hospital requested approval for a doctor's application based on the doctor's resume before the application was submitted.

Rep. Steve Malagari (D-Montgomery) expressed his support for a bill that would allow BPOA to issue advisory opinions to licensed professionals, sharing a personal anecdote to emphasize the need for such guidance. He highlighted the importance of clarity from the BPOA on professional matters and advocated for the capability of the BPOA to assist licensed individuals, urging reconsideration of opposition to the legislation.

Committee Chairman Frank Burns (D-Cambria) emphasized the importance of the state being responsive to the needs of professional groups, sharing a personal experience with PLCB to question why other groups couldn't have similar opportunities. He acknowledged the financial resources of the PLCB and sought clarification on whether the additional cost for extending such opportunities would indeed be only an extra million dollars. Claggett confirmed that the cost estimate of $1 million is accurate. Chairman Burns argued that spending a million dollars to provide clarity and assistance in critical situations is justifiable, highlighting the bipartisan support for the bill. He urged DOS and the governor's office to collaborate with the legislature to develop the best possible legislation, offering his staff's assistance. Claggett expressed willingness to collaborate with all parties involved and shared concerns about passing the bill but affirmed readiness to work with everyone if the bill is enacted. Chairman Burns emphasized the commonsense nature of the legislation and the committee's commitment to aiding professional licensure workers in Pennsylvania.

A special election to fill out the remainder of former Rep. Joe Adams' term representing the 139th District in the Pennsylvania House of Representatives will coincide with the April 23 primary election.

Sterling Township Supervisor Jeff Olsommer, a Republican, is favored to win the 139th District seat, owing to the significant registration edge. Olsommer, in his official announcement, is described as a local small businessman, local elected official and dedicated community leader. https://www.tricountyindependent.com/story/news/politics/2024/02/01/jeff-olsommer-running-139th-district-joe-adams/72425340007/

Robin Schooley Skibber will be on the special election ballot to fill the remainder of Adams’ term through the end of the year, as well as the primary election ballot to be named as the Democratic Party candidate for the 139th District during the 2024 general election. Both are slated to take place April 23.

Skibber recently retired as the director of the Pike County Area Agency on Aging. “I’ve spent my career helping people and I look forward to doing the same in a new role,” Skibber said in her candidacy announcement. “In my 22 years at the Area Agency on Aging, I prioritized efforts to keep seniors in their homes and provide services to prevent premature institutionalization and hospitalization.”

https://www.pikecountycourier.com/news/local-news/skibber-announces-candidacy-for-139th-assembly-district-BX3198003

The 139th District includes part of Pike County, consisting of Blooming Grove, Dingman, Greene, Lackawaxen, Milford, Palmyra, Shohola and Westfall townships and Matamoras and Milford boroughs; and part of Wayne County, consisting of Cherry Ridge, Dreher, Lake, Lehigh, Palmyra, Paupack, Salem, South Canaan and Sterling townships and Hawley Borough.

NONE

SB 1001 RE: General Appropriation Act of 2024 (by Sen. Scott Martin, 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, 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; to provide appropriations from special funds and accounts to the Executive and Judicial Departments for the fiscal year July 1, 2024, to June 30, 2025, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2024; to provide for the appropriation of Federal funds to the Executive and Judicial Departments for the fiscal year July 1, 2024, to June 30, 2025, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2024. Effective July 1, 2024, or immediately, whichever is later.

Introduced and referred to Senate Appropriations Committee, 3/25/2024 

SB 1002 RE: BPOA Funds (by Sen. Scott Martin, et al)

An Act making appropriations from the Professional Licensure Augmentation Account and from restricted revenue accounts within the General Fund to the Department of State (DOS) for use by the Bureau of Professional and Occupational Affairs in support of the professional licensure boards assigned thereto. Appropriates $74,480,000 from the Professional Licensure Augmentation Account within the General Fund to DOS for the operation of the Bureau of Professional and Occupational Affairs for the 2024-2025 fiscal year. Appropriates $11,240,000 from the restricted receipts account of the State Board of Medicine for the operation of the board for the 2024-2025 fiscal year. Appropriates $3,194,000 from the restricted receipts account of the State Board of Osteopathic Medicine for the operation of the board for the 2024-2025 fiscal year. Appropriates $442,000 from the restricted receipts account of the State Board of Podiatry for the operation of the board for the 2024-2025 fiscal year. Appropriates $908,000 from the Athletic Commission Augmentation Account for the State Athletic Commission for the support and operation of the commission for the 2024-2025 fiscal year. Directs the listed appropriations to be treated and accounted for as separate appropriations from DOS, general government or other appropriations.

Introduced and referred to Senate Appropriations Committee, 3/25/2024 

NONE

HB491  RE: Expanding the Use of Mechanical Insulation in Energy Efficiency and Conservation Programs (by Rep. Regina G. Young, et al)

Amends Title 66 (Public Utilities), in restructuring of electric utility industry, further providing for energy efficiency and conservation program to indicate the commission may not disapprove a plan due to the inclusion of mechanical insulation which is not cost-effective using a total resource cost test. Inserts definition for mechanical insulation.

Reported as amended from House Consumer Protection, Technology & Utilities Committee, read first time, and laid on the table, 3/26/2024 

Removed from table, 3/27/2024

HB1842 RE: Community Solar Legislation (by Rep. Peter Schweyer, et al)

Provides for community solar facilities; imposes duties on the Public Utility Commission (PUC), electric distribution companies and subscriber organizations; and provides for prevailing wage and labor requirements. Makes editorial changes to the section 13 title. Adds definitions. Authorizes the ownership and operation of community solar facilities by a community solar organization. Provides bill credit for subscribers for every kilowatt hour produced by the subscription. Establishes community solar facility requirements before operating the facility, including an executed interconnection agreement with an electric distribution company, proof of site control, the required non ministerial permits, proof that the community solar facility will be at least 50 percent subscribed on the date that it is permitted to operate, a signed agreement for a commission-approved workforce development requirement and proof that the community solar facility is constructed, an attestation that it will be in compliance with the act. Provides for the establishment of credit. Provides for customer protection provisions, standardized customer disclosure forms subscription of costs, benefits and costs, fees prohibited and energy efficiency charges. Establishes reporting requirements for electric distribution companies for bill credits. Provides for applications of bill credit and transferability. Provides for compensation and cost recovery for electric companies by the community solar organization. Establishes interconnection standards for community solar facilities. Requires the creation of an interconnection working group and allows the imposition of administrative fees. Provides for unsubscribed energy. Provides for customer participation in community solar programs and authorizes the creation of temporary regulations. Outlines prevailing wage and labor requirements, adding a subsection to provide for solar energy projects and further providing for violations.

Reported as amended from House Consumer Protection, Technology & Utilities Committee, read first time, and laid on the table, 3/19/2024 

Removed from table, 3/20/2024 

Amended on House floor, read second time, and re-committed to House Appropriations Committee, 3/25/2024 

Re-reported as committed from House Appropriations Committee, read third time, and passed House, 3/26/2024 (111-90)

Cosponsor memos filed

HCO2855 (T) - Governor’s Energy Plan: Pennsylvania Climate Emission Reduction (PACER) Program Rep. Aerion Abney) Provides for a portion of the Governor's Energy Plan: Pennsylvania Climate Emission Reduction (PACER) Program

Filed, 3/20/2024

SCO1485 (T) - Governor's Energy Plan: Pennsylvania Climate Emission Reduction (PACER) Program (Sen. Carolyn T. Comitta) Establishes the Pennsylvania Climate Emission Reduction (PACER) Program

Filed, 3/20/2024

NONE

NONE

NONE

NONE

NONE

NONE

NONE

NONE

HB 2013 RE: Rebuilding PA With American-Made Products (by Rep. Frank Burns, et al)

Amends the Underground Utility Line Protection Law, requiring the use of steel products produced in the United States. Requires the construction, reconstruction, alteration, repair, improvement or maintenance of gathering lines to use U.S.-produced steel products. Establishes section applicability upon the construction of gathering lines performed on or after the section effective date. Provides definitions.

Reported as committed from House State Government Committee, read first time, and laid on the table, 3/19/2024 

HB 2014 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. Provides any person initiating a project with construction, reconstruction, alteration, repair, improvement or maintenance in which they will receive public funding or tax incentives from a public agency should use steel products as defined if they are used or supplied in the competition of the project and applies to any subcontracts. Provides no public agency should authorize, provide for or make payments to any person with public funds, grants, tax credits or other incentives from a public agency unless unidentified steel products have been supplied with proof of documentation such as invoices, bills of lading and mill certification showing the steel was made in the United States. Provides if steel product is identifiable, the person must submit certification to the public agency in compliance with under Section 4. Establishes any payments made to any person by a public agency which should not have been made, are recoverable directly from the contractor, subcontractor, manufacturer or supplier who did not comply with Section 4.

Reported as committed from House State Government Committee, read first time, and laid on the table, 3/19/2024 

HB 2015 RE: Rebuilding PA With American-made products (by Rep. Frank Burns, et al)

Amends Title 62 (Procurement), in general provisions relating to general procurement provisions, providing for preference for bid or proposal. Provides a government agency or school entity authorized to enter a contract for procurement should subtract two percent from the bid or proposal submission if the subject of the procurement involves American-made supplies, services or construction and award the contract based on the revised bid or proposal. Requires the government agency or school entity to confirm a person qualifies for the two percent preference. Provides definitions for American-made supplies, contract, person, procurement, school entity and United States.

Passed over in House State Government Committee, 3/19/2024 

HB1295 RE: State Licensing Board Reforms (By Rep. Kyle J. Mullins, et al)

Amends Title 63 (Professions and Occupations (State Licensed)), in powers and duties, providing a hearing in a disciplinary matter may require a respondent to appear in person or remotely via the use of communication technology for a hearing before a hearing examiner, licensing board or commission. Provides for if the respondent fails to appear in person or remotely. Provides for a person who has suffered an adverse effect stemming from the conduct alleged. Further provides for the definition of "communication technology" as used in this section.

Read second and re-referred to Senate Appropriations Committee, and re-reported as committed from Senate Appropriations Committee, 3/18/2024 

NONE

NONE

NONE

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NONE

SB580 RE: Pennsylvania Family and Medical Leave Act (by Sens. Devlin J. Robinson (R) and Maria Collett (D), et al)

Establishes the Pennsylvania Family and Medical Leave Program and the Family and Medical Leave Fund as a statewide family and medical leave insurance program.

Introduced and referred to Senate Labor & Industry Committee, 3/28/2024

April                      8, 9, 10, 15, 16, 17, 29, 30

May                       1, 6, 7, 8, 20, 21, 22

June                       3, 4, 5, 10, 11, 12, 17, 18, 24, 25, 26, 27, 28

April  8, 9, 10, 29, 30

May  1, 6, 7, 8

June  3, 4, 5, 10, 11, 12, 24, 25, 26, 27, 28, 29, 30

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

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

2025 dates: January 30, March 27, May 15, July 24, September 18, November 13

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

1:30 PM – 3:00 PM

2024 Meeting Schedule: June 13

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

https://www.dli.pa.gov/ucc/Pages/UCC-Review-and-Advisory-Council.aspx

The RAC meeting scheduled for Thursday, April 18, at 9 a.m. has been cancelled. The first deliberation for the 2021 code cycle will occ​​ur on Thursday, May 2 at 9 a.m. Future meeting dates can be found below, and agenda topics will be added once available. Future meeting dates can be found below, and agenda topics will be added once available. All Council meetings will be held virtually until further notice.

https://zoom.us/j/3611316502?pwd=U0N1QVdQRFJjVE1YT20wdGZiVDVsQT09

Meeting ID: 361 131 6502

Passcode: 259161

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