The legislation making changes to the Professional Engineers Registration Act passed the House Professional Licensure committee on May 7^th with a unanimous vote. As previously reported, Senate Bill 403 makes a variety of changes to the Act that are supported by PSPE.  The bill, introduced by Senator Lisa Baker, has already passed through the Senate.  If it remains unamended in the House, it has a clear path to the Governor’s desk.  A vote by the full House may occur in the coming weeks.  The changes made by Senate Bill 403 have been introduced in previous sessions as House bills and those bills were passed by the House., but this is the first time the Senate has passed these changes.

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.

The Pennsylvania Department of Environmental Protection (DEP) has announced the next step in efforts to modernize and improve its permitting process with a new 10-county pilot program to improve and accelerate the review process for construction stormwater discharge permits. The process improvements in this pilot will also better facilitate compliance with environmental laws and regulations. The pilot program is anticipated to reduce the average processing time for Chapter 102 Individual National Pollutant Discharge Elimination System (NPDES) Permit applications by 73 business days.

“The goal with our permit modernization efforts is always processing permit applications in the most efficient way possible while still maintaining the high standards that Pennsylvanians expect and deserve from DEP,” said DEP Acting Secretary Jessica Shirley. “The Chapter 102 Pilot Program aims to take a common permit and find ways to improve the process. DEP reviews more than 40,000 permit applications every year across all permit types, and we will take the lessons we learn from this pilot and see how we can apply them to other permits.”

The pilot program will be available beginning May 1, 2024, for Chapter 102 Individual NPDES Permit applications for projects in Allegheny, Beaver, Bucks, Chester, Lebanon, Lehigh, Luzerne, Monroe, Montgomery, and York counties. During the pilot, the Conservation Districts in the listed counties will accept a maximum of three Individual NPDES permit applications per quarter for consideration under the pilot program. Full details of the pilot program are available on DEP’s Construction Stormwater page.

One of the requirements under the pilot program will be for prospective applicants to meet with Conservation District and/or DEP staff in two separate pre-application meetings where the District and DEP will assess the project’s eligibility for the pilot program and assist the applicant with ensuring the application is complete. Applicants must also have a licensed professional prepare the stormwater plan and be retained throughout the project.

The Chapter 102 Pilot Program is one part of DEP’s Permit Modernization efforts, which also include:

• 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.

The Shapiro Administration has already made significant progress by improving or eliminating the long wait times to receive hundreds of permits, licenses, and certifications. In his first month in office, Governor Shapiro signed Executive Order 2023-07 directing all state agencies to standardize timeframes for how they issue permits, licenses, and certifications, and directed his Administration to create this money-back guarantee tool to request refunds when the Commonwealth does not meet those timeframes. The Shapiro Administration’s efforts to enhance and improve permitting are showing early success as 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.

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

For more information on the Chapter 102 Pilot Program visit DEP’s Construction Stormwater page.

The House and Senate broke for a week this month for the primary elections on April 23. The primaries are normally held in May, but state law requires them to be held in April in Presidential election years. Unlike in the reapportionment elections of 2022, this year’s results had only a few contentious races, and few upsets.

A special election to fill out the remainder of former Rep. Joe Adams' term representing the 139th District in the Pennsylvania House of Representatives coincided with the April 23 primary election, and the same candidates ran against each other in the fall. As expected, Republican Jeff Olsommer easily prevailed in the special election and also won his primary race for the full term to begin in January 2025. He defeated Democrat Robin Schooley Skibber in the special election and will face her again in November. Olsommer will be sworn into his seat when the results are confirmed, likely by early May.

Pennsylvania is shaping up to be ground zero once again for the Presidential race in the Fall, but the primary election this past month also showed some interesting results. Despite withdrawing from the race, Former South Carolina Gov. Nikki Haley won over 16% of the vote against Donald Trump, and those Haley voters will likely be targets for both the Biden and Trump campaigns this fall. The presidential election will also likely have “down ballot” implications, namely for the US Senate race with longtime Democrat incumbent Sen. Bob Casey facing wealthy Republican businessman David McCormick. This will be on the most watched, and most expensive, Senate races in the nation this year.

In the PA General Assembly, a smaller than usual number of incumbents are not seeking re-election and several more face primaries. While no incumbent Senator lost a primary challenge, three House incumbents apparently lost their elections on April 23. Rep. Mike Cabell (R-Luzerne) apparently lost to his primary challenger Jamie Walsh by as few as 8 votes. With all 40 precincts counted, Walsh, a gutter installation company owner from Ross Twp., defeated Cabell by eight votes — 4,723 to 4,715. Cabell refused to concede, saying he would await the official count that begins and for absentee and provisional ballots to be counted. Also, Rep Jim Gregory (R-Blair) lost to Scott Barger and Sean Dougherty beat embattled incumbent Kevin Boyle (D-Phila), while Philly Democrat Rep. Amen Brown may face a recount.

Rep Boyle’s unfortunate personal situation has caused some concerns as to how the PA House will be able to conduct business in the near term.  House rules allow Democratic leaders to vote on his behalf, but that will likely come with frequent challenges from the Republicans because, with the results of the special election in the 139th House District, the Republicans will now sit at 101 members to the Democrats' current 102 seats, with Dauphin County Republican Rep. Joe Kerwin on military leave, and not permitted to vote.  Boyle’s situation has led to House Leaders exploring new expulsion rules that would allow five members of House Leadership, three majority and two minority, to determine if a member is incapacitated. If Boyle were to be expelled or chooses to resign, which is unlikely at this writing, a special election to fill his seat would require 60 days, taking it past the budget deadline.

The Independent Regulatory Review Commission (IRRC) met to consider regulations on April 18.

IRRC No. 3361 Bureau of Professional and Occupational Affairs #16A-66: Consideration of Criminal Convictions was disapproved.

Michelle Elliott, regulatory analyst, IRRC, described the implementation of Act 53 of 2020, which requires the 29 boards and commissions under the Bureau of Professional and Occupational Affairs (BPOA) to evaluate criminal convictions during their licensing processes through individualized assessments. She mentioned receiving supportive legislative comments from several senators and representatives, as well as endorsements from various organizations, with the regulation being approved by Senate and House standing committees.

Cynthia Montgomery, deputy chief counsel, Department of State (DOS), explained the regulation was revised to better align with legislative intent by narrowing the list of offenses that could impact professional licensing. She said the revisions aimed to open professions to rehabilitated individuals with unrelated criminal records and introduced consistency across boards and time limits for considering offenses as directly related to professional qualifications.

Commissioner Soroko asked for clarification on how the legislative intent behind Act 53 was reflected in the proposed regulations, specifically regarding the definition of "directly related offenses." Montgomery specified that the definition pertains to whether the nature of the criminal conduct for which an individual has been convicted directly affects their fitness or ability to perform duties related to the profession in which they seek licensure.

Commissioner Soroko expressed concerns about the practical effects of removing offenses from the list of criminal convictions related to the State Board of Accountancy, for instance. He sought clarification on a specific offense, theft by failure to make disposition of funds received, which was not marked for removal in the documents he reviewed. Montgomery explained that offenses no longer listed are not considered directly related, removing the rebuttable presumption associated with them. Commissioner Soroko stated there is no need for a rebuttable presumption and asked for clarification on its use. He stated that he understands a rebuttable presumption as a situation where someone convicted can still overcome that conviction. Montgomery confirmed that the offense in question would not raise a rebuttable presumption and that for disciplinary purposes, the stance remains as previously stated.

Commissioner Soroko expressed concerns about the process of determining which offenses are considered directly related to licensure, specifically mentioning the example of accountancy and how categorizing certain crimes as directly related creates a higher barrier for licensure.

Commissioner Soroko questioned the purpose of categorizing offenses for occupational licensing, emphasizing the legislative goal of Act 53 to simplify the process for individuals with past criminal convictions to enter professions. McDonald explained that while there is a difference in the burden applicants must overcome, the board's primary determination is whether licensing an applicant poses a substantial risk to public safety.
Commissioner Watson voiced his concerns about the proposed rulemaking, particularly the exclusion of certain offenses from consideration for licensing and its potential impact on public safety.

Commissioner Soroko moved for the disapproval of the regulation, arguing that it failed to align with Act 53 by not being in the public interest.

NONE

HB 2324 RE: General Appropriation Act of 2024 (by Rep. Jordan Harris, et al)

An Act to provide 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; and to provide for the additional appropriation of Federal and State funds to the Executive and Legislative Departments 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.

Referred to House Appropriations Committee, 4/10/2024

HB 2327 RE: Capital Budget Project Itemization Act of 2024-2025 (by Rep. Jordan A. Harris)

Providing for the capital budget for fiscal year 2024-2025; itemizing public improvement projects, furniture and equipment projects, transportation assistance, redevelopment assistance projects, flood control projects and Pennsylvania Fish and Boat Commission projects leased or assisted by the Department of General Services and other State agencies, together with their estimated financial costs; authorizing the incurring of debt without the approval of the electors for the purpose of financing the projects to be constructed, acquired or assisted by the Department of General Services and other State agencies; authorizing the use of current revenue for the purpose of financing the projects to be constructed, acquired or assisted by the Department of General Services and other State agencies stating the estimated useful life of the projects; and making appropriations.

Referred to House Appropriations Committee, 4/10/2024

HB 2328 RE: Capital Budget Act of 2024-2025 (by Rep. Jordan A. Harris)

An Act providing for the capital budget for fiscal year 2024-2025.

Referred to House Appropriations Committee, 4/10/2024

HB 254 RE: Lake Erie Energy Development Act (by Rep. Robert E. Merski, et al)

The bill authorizes the Department of Environmental Protection (DEP), in consultation with the Department of General Services, to lease certain submerged lands within Erie County and associated wind, water and solar resources for the assessment, development, construction and operation of utility scale offshore wind, solar or kinetic energy generation facilities; to collect certain lease and royalty payments; to establish the Lake Erie Large-Scale Energy System Development Fund; and to provide for distributions and transfers from the fund.

Removed from table, 4/10/2024

Read second time, and re-committed to House Appropriations Committee, 4/15/2024 

Re-reported as committed from House Appropriations Committee, read third time, and passed House, 4/16/2024 (102-99)

Referred to Senate Environmental Resources & Energy Committee, 4/22/2024 

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.

Read second time, and re-committed to House Appropriations Committee, 4/8/2024 

Re-reported as committed from House Appropriations Committee, read third time, and passed House,

4/9/2024 (201-0)

Referred to Senate Consumer Protection & Professional Licensure Committee, 4/22/2024

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.

Referred to Senate Consumer Protection & Professional Licensure Committee, 4/22/2024

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 third time and passed Senate, 4/8/2024 (48-0)

Signed in House and Senate, 4/9/2024

Approved by the Governor, 4/15/2024 Act No. 5 of 2024

SB 403 RE: Registration Act (by Sen. Lisa Baker, et al)

Amends the Engineer, Land Surveyor and Geologist Registration Law, further providing for definitions, for general powers of board, for procedure for licensing as professional engineer, for continuing professional competency requirements. Amends language, changing "engineer in training" to "engineer intern." Inserts and amends provisions relating to procedure for licensing as professional land surveyor to update language. Requires continuing professional competency requirements, including completion of distance learning courses if the courses relate to professional practice and units are verifiable and measurable by the actual hours of instruction.

Reported as committed House Professional Licensure Committee, read first time, and laid on the table, 5/7/2024

SB 269 RE: Tax Reforms (by Sen. Chris Gebhard, 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 personal income tax, further providing for imposition of tax; in gross receipts tax, further providing for imposition of tax, providing for transfers to Alternative Fuels Incentive Fund and further providing for establishment of revenue-neutral reconciliation; in tax credit and tax benefit administration, further providing for definitions; providing for volunteer certified emergency medical technician tax credit; imposing duties on the Department of Revenue; eliminating the tax imposed upon each dollar of the gross receipts received from the sales of electric energy; providing for the benefit of consumers and for a civil penalty; and making a repeal.

Reported as amended from Senate Finance Committee, and read first time, 5/1/2024

Read second time, and re-referred to Senate Rules & Executive Nominations Committee, 5/6/2024 

Re-reported as amended from Senate Rules & Executive Nominations Committee, and re-referred to Senate Appropriations Committee, 5/6/2024 

Re-reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 5/7/2024 (36-14)

Referred to House Finance Committee, 5/9/2024 

SB 799 RE: Ensuring Local Funding Flexibility for County and Municipal Bridges (by Sen. Greg Rothman, et al)

Amends Title 75 (Vehicles), in supplemental funding for municipal highway maintenance, further providing for supplemental funding for municipal highway maintenance. Provides for imposition of tax and specifies in addition to any other use authorized by law, a county may use supplemental funding for the construction and maintenance of the bridges owned by the municipalities in the county.

Reported as amended from House Transportation Committee, read first time, and laid on the table, 4/8/2024

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

Fall session schedules have not been announced

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