State Representative John Galloway (D-Bucks) made good on his previous announcement of his intention to resign from the House on December 15th. As was reported last month, Galloway won a race for Magisterial District Judge in November and will assume the new position in January. Galloway’s resignation will bring the House balance back to a dead even 101-101 until his seat is filled by the voters by a special election, which House Speaker Joanna McClinton has called for February 13, 2024.

Jim Prokopiak has secured the Democratic nomination for the upcoming special election to fill the Galloway seat, with Candace Cabanas as the Republican candidate. He was unanimously selected by the Bucks County Democratic Committee. Prokopiak is an attorney and serves on the Pennsbury School Board as well as the Bucks County Redevelopment Authority.

The Speaker also announced that, due to a recently discovered leak in the House Chamber roof, the Chamber will not be available for several weeks, while repairs are made, and the House will not return to voting session until mid-March. Typically, the first few months of the year are not busy voting months, with the Governor’s budget address on February 6 followed by several weeks of recess for Appropriations Committee hearings to address the budget asks of various agencies, so this is not really a vast departure from precedent, especially in election years, when ample time is usually granted for the legislators to be home circulating nominating petitions for their re-elections next fall. Expect things to pick up precipitously in the following months leading up to the June 30 end of the fiscal year.

The Pennsylvania Public Utility Commission has proposed a policy statement regarding electric vehicles.  The policy statement addresses Electric Utility Rate Design for Electric Vehicle Charging.  Public comments may be made until January 22nd.  You can view the policy statement at this link:

Pennsylvania Bulletin (pacodeandbulletin.gov)

Feel free to copy PSPE on your comments for consideration by our Legislative and Government Affairs committee.

HB1300  RE: Fiscal Code 2023-24 (by Rep. Tom Mehaffie, et al)

Repeals provisions amending the Pennsylvania Long-term Care Council Act. Inserts new, extensive provisions providing for 2023-2024 budget implementation, for 2023-2024 restrictions on appropriations for funds and accounts for prior year appropriations. Makes repeals. Description:

https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:1cbad453-dbf5-374f-b33b-9a15234ad23b

Re-reported as amended from Senate Rules & Executive Nominations Committee, and Senate concurred in House amendments to Senate amendments, as amended by the Senate, 12/13/2023 (45-5)

Received as amended in the House and referred to House Rules Committee, Re-reported on concurrence, as committed from House Rules Committee, and House concurred in Senate amendments to House amendments, 12/13/2023 (154-49)

Signed in House and in the Senate, 12/13/2023 

Approved by the Governor, 12/13/2023 Act No. 34 of 2023

NONE

NONE

HB 31  RE: Stormwater Management Plans (by Rep. Jim Struzzi, et al)

Amends Titles 8 (Boroughs & Towns) and 11 (Cities), in storm sewers and watercourses, providing that a borough may enact and enforce ordinances to govern and regulate the planning, management, implementation, construction and maintenance of storm water facilities. Stipulates that for the purposes of funding the construction, maintenance and operation of storm water management facilities, systems and management plans authorized under this chapter, a borough may assess reasonable and uniform fees based in whole or in part on the characteristics of the property benefited by the facilities, systems and management plans. Adds a new chapter providing for storm water management plans and facilities by towns.

Reported as committed from  House Local Government Committee, read first time, and laid on the table, 12/13/2023

HB 32  RE: Stormwater Fees (by Rep. Jim Struzzi, et al)

Amends the First Class Township Code adding language allowing the board of commissioners to assess fees for storm water management activities and facilities without the need to establish a municipal authority.

Reported as committed from  House Local Government Committee, read first time, and laid on the table, 12/13/2023

NONE

NONE

NONE

NONE

NONE

NONE

NONE

NONE

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 shall 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 and a complaint and any individual, entity or a representative of an entity that is named in a complaint for a disciplinary matter pending before a hearing examiner, licensing board or commission shall have an opportunity to provide testimony related to the complaint at a hearing.

Reported as committed from  Senate Consumer Protection & Professional Licensure, and read first time, 12/13/2023 

HB1882 RE: Protecting Consumers From Fraudulent Licensees (by Rep. Frank Burns, et al)

Amends Title 63 (Professions and Occupations (State Licensed)), in powers and duties, further providing for civil penalties. Provides that licensing boards and licensing commissions shall have the power to rescind a license, registration, certification or permit issued by the professional or occupational licensing board or licensing commission where there is probable cause that the license, registration, certification or permit was issued based on documentation provided by or on behalf of the applicant that was found to be false or fraudulent. Asserts that the licensing board or licensing commission shall provide at least 10 days’ notice of the recission of the license, registration, certification or permit and shall offer the applicant the opportunity to demonstrate that the license, registration, certification or permit was not issued based on false or fraudulent documentation at a post-recission hearing before the appropriate licensing board or licensing commission, which shall occur within 20 days of the recission. Prohibits certain recessions.

Introduced and referred to House Professional Licensure Committee, 12/6/2023

Reported as committed from House Professional Licensure Committee, read first time, laid on the table, and Removed from table, 12/11/2023 

Amended on House floor, read second time, and re-committed to House Appropriations Committee, 12/12/2023 

Reported as committed from House Appropriations Committee, read third time, and passed House,  12/13/2023 (197-6)

SB910 RE: Expungement of Records (by Sen. Jarrett Colemen, 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.

Reported as committed from House Professional Licensure Committee, read first time, laid on the table, and removed from the table, 12/11/2023

Read second time, and re-committed to House Appropriations Committee, 12/12/2023 

Reported as committed from House Appropriations Committee, read third time, and passed House, 12/13/2023 

Signed in the House and Senate, 12/13/2023

Approved by the Governor, 12/14/2023 Act 65  of 2023

NONE

NONE

NONE

HB1833 RE: Design Build Best Value (by Rep. Ed Neilson, et al)

Amends Title 74 (Transportation), in transportation infrastructure, providing for design build best value. Defines agency, alternative technical concept (ATC), design build best value, offeror, request for proposals, request for qualifications, responsible offeror, responsive proposal and state of qualifications. Provides rules and conditions for the use of the design build best value process. Details the steps to request the use of the design build best value process. Requires a preproposal after issuing a request for two-step procurement. Details the guidelines for requests for technical and price proposals in a one-step procurement. Provides a statement of qualifications and a short-list process for a responsible offeror to receive a stipend in a two-step procurement. Provides agency guidelines to request proposals from responsible offerors in a two-step procurement. Provides guidelines for the submission and approval of ATCs. Lists guidelines for records of requests for ATCs and the use of intellectual property. Provides for agencies offering stipends in a one-step or two-step procurement. Provides due dates for technical and price proposals and how business will be conducted before or after the set dates. Requires the agency to select the most advantageous responsible offeror for contract negotiations. Provides for incorporation of an unsuccessful offeror’s ATC into the agreement. Requires the request for a proposal to state the validity period. Adds language to provide for evaluation committee. Provides rules for the applicability of the agreement between the agency and contractor to other laws. Provides a list of provisions in the Procurement Code which apply to this chapter and asserts only the provisions listed shall apply. Provides rules and exceptions for limiting powers of an agency in existing contracts.

Read second time, 12/11/2023 

Read third time, and passed House, 12/12/2023 (189-14)

NONE

HB 181  RE: Family and Medical Leave Insurance Act (by Rep. Dan Miller, et al)

Establishes the Family and Medical Leave Insurance Program and the Family and Medical Leave Insurance Fund; confers powers and imposing duties on the Department of Labor and Industry; and imposes penalties. Establishes the Family Medical Leave Insurance Program. Provides for procedures and forms from the department, notice of approved claims, information sharing, confidentiality and for cooperation among departments. Provides for powers and duties of the department to include administrating the program and everything it entails, and for the enforcement of the act through an administrative complain and appeals process. Provides for the eligibility for family and medical leave insurance benefits and for the employment and income eligibility requirements, the interaction with the Workers' Compensation Act and the Unemployment Compensation Act, for filing of benefits claims, medical certifications and provides for the adjudication of claims. Provides for the amount of benefits, including calculation, limitation and adjustment requirements. Provides contributions to the program by all persons employed in Pennsylvania, as well as for the commencement of payroll premium contributions and their calculation set at 0.588 percent of an individual's wage to start payments into the program. Provides for a payment schedule to evaluate the contribution in subsequent years. Provides for a reduced leave schedule to include nonsequential leaves, the impact on duration of the leave and the total amount of leave allowed. Provides for employment protections including restoration of position, health care benefits maintained, unlawful interference with benefits, and prohibition of retaliation. Adds the coordination of benefits to e concurrent with federal law and coordinated with other paid leave. Provides for the employer's obligations for coordinating benefits and prohibits subsequent collective bargaining agreements or employer policies. Provides for the administration and procedures to include the issuance of notices by the employer and requirements for the notice, including publication and display. Accounts for erroneous payments and disqualification for benefits. Provides for elective coverage for self-employed persons. Provides for violations of the provisions within the act. Provides for judicial review of any decision regarding the denial of benefits. Establishes the Family and Medical Leave Insurance Fund in the State Treasury. Provides for the depositing and appropriation of money to the fund, as well as for limitations on the fund. Requires an annual report on the program submitted to the chairs of the Senate and House Labor and Industry Committees. Provides for outreach campaigns to educate the public on the program. Establishes the Family and Medical Leave Insurance Advisory Board and its composition.

Re-reported as committed from House Rules Committee, amended on House floor, read second time, and Re-committed to House Appropriations Committee, 12/12/2023

Reported as amended from House Appropriations Committee, 12/13/2023

HB689 RE: Clean Slate (by Rep. Jordan Harris, et al)

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in criminal history record information, further providing for definitions, for general regulations, for expungement, for petition for limited access, for clean slate limited access, for exceptions, for effects of expunged records and records subject to limited access and for employer immunity from liability. Amends Title 18 (Crimes and Offenses), in criminal history record information, to define qualifying offense. Further provides for general regulations, to detail dissemination to noncriminal justice agencies and individuals. Further provides that the additional exceptions in the act shall not apply to the Department of Human Services (DHS) for verification of information as required by law. Provides for expungement, specifying when criminal history record information in a specific criminal proceeding shall be expunged. Further provides for automatic expungement pursuant to pardon. Further providing for petition for limited access to reduce the time a person must be free from conviction to seven years. Adds language to provide for additional criteria, exceptions and consolidation. Further providing for clean slate limited access to indicate criminal history pertaining to a conviction of an offense if a person has been free for seven years from conviction shall have limited access. Provides for criminal history record information pertaining to a conviction for which a conditional pardon was granted. Adds language to further provide for exceptions, detailing limited access not applicable, consolidation, limited access to same case and filing. Further providing for effects of expunged records and records subject to limited access to stipulate that criminal history records not expunged or provided limited access shall not be used by any individual or noncriminal justice agency for employment, housing or school matriculation purposes. Further providing for employer immunity from liability to outline voluntary disclosure of criminal history.

Re-reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 12/13/2023 

Received as amended in the House and referred to House Rules Committee, re-reported on concurrence, as committed from House Rules Committee, and House concurred in Senate amendments, 12/13/2023

Signed in the House and in the Senate, 12/13/2023

Approved by the Governor, 12/14/2023, Act 36 of 2023

House Consumer Protection, Technology & Utilities Committee

11:00 AM  Room G-50, Irvis Office Building

Public Hearing RE: HB1842 (Schweyer) - Community Solar Legislation

An Act providing for community solar facilities; imposing duties on the Pennsylvania Public Utility Commission, electric distribution companies and subscriber organizations; and providing for prevailing wage for construction of community solar facilities

House Appropriations Committee Budget hearings:

https://houseappropriations.com/files/Documents/Budget%20Hearing%202024-25.pdf

Senate Appropriations Budget hearings: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:054f73f3-89ae-39f8-a70d-f1020dcc6c4f

January                2 (Non-Voting)

February             6

March                  18, 19, 20, 25, 26, 27

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

January  2, 16, 17

February  5, 6, 7

March  18, 19, 20

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: January 24, March 13, 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: March 14, June 13

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

The Department of Labor and Industry’s Uniform Construction Code Review and Advisory Council will hold a meeting at 9 am on January 4, 2024. Individuals may join the meeting by dialing Zoom’s local number, using meeting ID: 361 131 6502, and passcode 259161. Questions concerning this meeting may be directed to Kristen Gardner at (717) 346-1497. Pennsylvania Bulletin (pacodeandbulletin.gov)

Future meeting dates: 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)