Greiner Legislation to Allow Licensed Professionals Ability to Seek Guidance from Licensing Boards Passes House

  • Rep. Keith Greiner (R-Lancaster)’s legislation to allow licensed professionals the ability to seek advisory opinions, which would be legally nonbinding, from their respective licensing boards pertaining to the interpretation of an act or regulation relating to the licensee, passed the House on March 25. Last session, House Bill 325 also passed the House, but was not considered in the Senate. The Wolf Administration opposes the legislation.

State Registration Board for Professional Engineers, Land Surveyors and Geologists March 23 Meeting Notes

  • The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on March 23, by Zoom, due to the COVID-19 pandemic.
  • Following are the highlights.
    • Board President Jim Szalankiewicz, PE, PLS, presided, and thanked the Board staff for making the current meeting situation “tolerable”. He also lamented the Board’s limited activity with NCEES. Board member Frank Stanton, PE, said the next NCEES meeting is scheduled for New Orleans, to be held in person, with possibly a remote attendance option.
    • BPOA Commissioner Kalonji Johnson was unable to attend and did not submit a report.
    • On behalf of Board Prosecutor Glenn Masser, Esq., Board Counsel Bill Fritz presented three cases the Board had considered in executive session. Fritz also reported on the Act 41 and Seals regulations, which he believes should be ready “soon”. Fritz also reported on the status of HB 609. He stated that it has been reintroduced and went over basic provisions. The Board discussed it and urged support.
    • Board Administrator Jeannie Bronshtein updated the Board on The PA exam is in final preparation stage.
  • Next meeting is May 17. Future 2021 Board meeting dates: July 14, September 29, November 5. Meetings will be held remotely until further notice. 

House Professional Licensure Committee Looks at PALS System

The committee held a public hearing on March 15 with the Bureau of Professional and Occupational Affairs (BPOA) with updates on the Pennsylvania Licensing System (PALS) and licensing processing times. Committee Chairman Dave Hickernell (R-Lancaster) introduced BPOA Commissioner Kalonji Johnson and explained how difficult his job is, particularly during these times. Minority Chairman Jake Wheatley (D-Allegheny) explained that this is his first year in this position and he is looking forward to learning and working with the chairman to help professionals throughout the commonwealth. Commissioner Johnson thanked the committee for having him. He explained what he does at BPOA in DOS, as they are the regulatory agency charged with regulatory oversight of over 750,000 licenses, both in Pennsylvania and abroad. He stated their mission is to protect the public through administrative and logistical support of 29 boards of commission, combined with the facilitation of roughly 130 individual licenses and 39 facility licenses. He stated that they work to administer education through their website and social media platforms and that the traditional form of public meetings occurs every six to eight weeks. Read More.

This Month in the PA Bulletin:

Governor’s Office Publishes Regulatory Agenda

The Saturday, March 13, 2021 issue of the PA Bulletin lists a schedule of regulations anticipated by various agencies under the Governor. Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication semi-annually an agenda of regulations under development or consideration. The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process. Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.

This Agenda represents the Administration’s present intentions regarding future regulations. The information provided is current as of March 2021. The nature and complexity of an individual regulation obviously will determine whether and when any regulation listed (as well as any considered after publication of this Agenda) is published.

View the complete list of the Governor’s Office Regulatory Agenda here. 

Regulation being considered| Department of Labor and Industry (L&I)

  • Uniform Construction Code Regulations
    • Regulation being considered: Title 34, Part I, Chapters 401 and 403 | Bureau of Occupational and Industrial Safety
    • Proposed Date of Promulgation: Summer 2021, as Final-Omitted
    • Need and Legal Basis for Action: Update regulations adopting the 2021 ICC accessibility provisions.
    • Agency Contact: Matthew Kegg (717) 787-6304
  • Uniform Construction Code Regulations
    •  Regulation being considered: Title 34, Part I, Chapters 401 and 403 | Bureau of Occupational and Industrial Safety
    • Proposed Date of Promulgation: Winter 2022, as Final-Omitted
    • Need and Legal Basis for Action: Update regulations based on the adoption of the 2018 ICC codes by the UCC Review and Advisory Council
    • Agency Contact: Matthew Kegg (717) 787-6304 

Regulation being considered Infrastructure Investment Authority (PENNVEST)

  • Assistance and Clean Water State Revolving Fund
    • Regulation being considered: 25 Pa. Code §§ 963.1— 963.20, including inter alia: 963.12(a), 963.13(c), 963.13(e), 963.15(a), 963.15(c), 963.16, 963.18(c), 963.20 (# 101-10)
    • Proposed Date of Promulgation: Spring 2021, as Proposed by The PENNVEST Board voted to approve the proposed rulemaking on January 29, 2020.
    • Need and Legal Basis for Action: Revisions under consideration include, inter alia:
      Amendments to 25 Pa. Code §§ 963.1—963.20 to be consistent with statutory revisions imposed by P.L. 51, No. 16, enacted June 19, 2013, the Federal Water Resources Reform and Development Act of 2014, and guidance revisions implemented by the Department of Environmental Protection, to reflect updates to business practices, and to incorporate any provisions necessary to accommodate for the deletion of 25 Pa. Code § 965 in its entirety, including, but not limited to the following:

      • (1) Amend 25 Pa. Code § 963.12(a)(1) by revising the section to provide for the eligibility of certain interior plumbing costs.
      • (2) Delete 25 Pa. Code § 963.12(a)(3) and § 963.12(c)(3) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the purchase of land that qualify as eligible costs under § 963.11(a)(4).
      • (3) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor.
    • Agency Contact: Shawn W. Weis (717) 783-6776 

Regulation being considered by the Department of State (DOS)

  • Commissioner of Professional and Occupational Affairs
    • Regulation being considered: Representation 49 Pa. Code Chapter 43b (# 16A-065)
    • Proposed Date of Promulgation: Spring 2021, as Proposed.
    • Need and Legal Basis for Action: This regulation is a procedural regulation that will permit representation by non-attorneys for partnerships, corporations, limited liability companies, trusts, agencies and political subdivisions, and other associations.
    • Agency Contact: Cyndi Montgomery (717) 783-7200
  • Commissioner of Professional and Occupational Affairs
    • Regulation being consider: Act 53 Schedules of Criminal Offenses 49 Pa. Code, Subchapter D §§ 301 et seq. (# 16A-66)
    • Proposed Date of Promulgation: Spring 2021, as Proposed.
    • Need and Legal Basis for Action: This proposed rulemaking is required to implement provisions of the act of July 1, 2020 (P.L. 545, No. 53), relating to the consideration of criminal history record information by licensing boards and commissions under the Bureau of Professional and Occupational Affairs, including schedules of criminal convictions that may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit for each occupation or profession regulated by the various boards/commissions.
    • Statutory authority: Section 3117 of the act of July 1, 2020 (63 Pa.C.S. § 3117) requires the Commissioner to promulgate a regulation codifying the schedules of criminal offenses within 2 years. Section 3117(b) requires the initial proposed regulations to be submitted within 120 days of publication of a notice of completion of the schedules (which was published in the Pennsylvania Bulletin on December 26, 2020).
    • Agency Contact: Cyndi Montgomery (717) 783-7200
  • Commissioner of Professional and Occupational Affairs
    • Regulation being consider: Representation 49 Pa. Code Chapter 43b (# 16A-065)
    • Proposed Date of Promulgation: Spring 2021, as Proposed.
    • Need and Legal Basis for Action: This regulation is a procedural regulation that will permit representation by non-attorneys for partnerships, corporations, limited liability companies, trusts, agencies and political subdivisions, and other associations.
    • Agency Contact: Cyndi Montgomery (717) 783-7200 
  • State Board of Professional Engineers, Land Surveyors and Geologist
    • Regulation being considered: Electronic Seals and Signatures | 49 Pa. Code Chapter 37 (# 16A-4712)
    • Proposed Date of Promulgation: Summer 2021, as Final,
    • Need and Legal Basis for Action: The regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with proposed regulations of the State Architects Licensure Board and the State Board of Landscape Architects to provide all design professionals with standards that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients. The proposed rulemaking was delivered to IRRC on August 11, 2020 and subsequently published in Pennsylvania Bulletin on August 25, 2020; the Board will review all comments received and draft the final regulation.
    • Agency Contact: Jeannie Bronshtein (717) 783-7049
  • State Board of Professional Engineers, Land Surveyors and Geologist
    • Regulation being considered: Licensure by Endorsement 49 Pa. Code Chapter 37 (# 16A-4715)
    • Proposed Date of Promulgation: Winter 2021, as Proposed.
    • Need and Legal Basis for Action: This rulemaking amends the Board’s regulations to implement the act of July 1, 2019 (P.L. 292, No. 41) (Act 41). Act 41 requires licensing boards and commissions to issue a license, certificate, registration or permit to an applicant who holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth and who meet other criteria set forth under Act 41. All licensing boards and commissions under the Bureau of Professional and Occupational Affairs are required to draft regulations for the implementation of Act 41 to include methods of determining competency and expiration dates for provisional licenses.
    • Agency Contact: Jeannie Bronshtein (717) 783-7049 

Legislative Activity | The following bills and co-sponsorship memos for bills to be introduced of interest to PSPE were acted on by the General Assembly this past month.

Budget Bills

  • HB 448  RE: Capital Budget Act of 2021-2022 (by Rep. Matt Bradford, et al) | Provides for the capital budget for the fiscal year 2019-2020 and for limitation on redevelopment assistance capital projects; and making a related repeal. Appropriates the following amounts: building and structures ($550,000,000), furniture and equipment ($10,000,000), transportation assistance projects ($175,000,000), redevelopment assistance projects ($1,275,000,000), and flood control projects ($0). Further provides the maximum amount of redevelopment assistance capital projects undertaken by the Commonwealth for which obligations are outstanding shall not exceed, in aggregate, $4,050,000,000. Repeals section 2.1 of the Capital Budget Act of 2019-2020.
    Introduced and referred to House Appropriations Committee, 3/1/2021 
  • HB 449  RE: Capital Budget Project Itemization Act of 2021-2022 (by Rep. Matt Bradford, et al) | Provides for the capital budget for fiscal year 2021-2022; itemizing public improvement projects, furniture and equipment projects and redevelopment assistance 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. Effective immediately.
    Introduced and referred to House Appropriations Committee, 3/1/2021
  • HB 935  RE: General Appropriation Act of 2021 (by Rep. Stan Saylor, 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, 2021, to June 30, 2022; to provide appropriations from special funds and accounts to the executive and judicial departments for the fiscal year July 1, 2021, to June 30, 2022; and to provide for the appropriation of federal funds to thee xecutive and judicial departments for the fiscal year July 1, 2021, to June 30, 2022, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2021. Effective July 1, 2021, or immediately, whichever is later.
    Introduced and referred to House Appropriations Committee, 3/16/2021
    Reported as committed from House Appropriations Committee, read first time, laid on the table, and Removed from the table, 3/17/2021
    Read second time, and rereferred to House Appropriations Committee, 3/22/2021
  • HB 936  RE: General Appropriation Act of 2021 (by Rep. Stan Saylor, 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, 2021, to June 30, 2022, to provide appropriations from special funds and accounts to the executive and judicial departments for the fiscal year July 1, 2021, to June 30, 2022; and to provide for the appropriation of federal funds to the executive and judicial departments for the fiscal year July 1, 2021, to June 30, 2022, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2021.
    Introduced and referred to House Appropriations Committee, 3/16/2021
    Reported as committed from House Appropriations Committee, read first time, laid on the table, and Removed from the table, 3/17/2021
    Read second time, and rereferred to House Appropriations Committee, 3/22/2021
  • SB 171  RE: General Appropriations Act of 2021 (by Sen. Vincent Hughes, et al) | Provides 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, 2021, to June 30, 2022, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2021; provides appropriations from special funds and accounts to the executive and judicial departments for the fiscal year July 1, 2021, to June 30, 2022, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2021; and provides for the appropriation of federal funds to the executive and judicial departments for the fiscal year July 1, 2021, to June 30, 2022, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2021. Effective July 1, 2021, or immediately, whichever is later.
    Introduced and referred to Senate Appropriations Committee, 3/2/2021
  • SB 291 RE: Capital Budget Act of 2021-2022 (by Sen. Vincent Hughes, et al) | Provides for the capital budget for the fiscal year 2021-2022 and for limitation on redevelopment assistance capital projects; and making a related repeal. Appropriates the following amounts: building and structures ($550,000,000), furniture and equipment ($10,000,000), transportation assistance projects ($175,000,000), redevelopment assistance projects ($1,275,000,000), and flood control projects ($0). Further provides the maximum amount of redevelopment assistance capital projects undertaken by the commonwealth for which obligations are outstanding shall not exceed, in aggregate, $4,050,000,000. Repeals section 2.1 of the Capital Budget Act of 2019-2020. Effective July 1, 2021, or immediately, whichever is later.
    Introduced and referred to Senate Appropriations Committee, 3/2/2021

COVID-19 Related Legislation

  • SB 385  RE: Building Occupant Protection (by Sen. Michele Brooks, et al) | Amends the Fiscal Code, in emergency COVID-19 response, providing an additional appropriation of $3 million to the Department of Human Services for building occupant protection. Provides use of money for the implementation of best practices regarding indoor air management strategies to reduce the risk of transmission of and occupant exposure to COVID-19; the design, installation, operation and maintenance of heating, ventilating and air-conditioning systems to decrease the risk of infection transmission; and the development of emergency preparedness plans to mitigate exposure to infectious aerosols and to decrease the risk of infection transmission.
    Introduced and referred to Senate Aging and Youth Committee, 3/11/2021

Environmental Building Standards

  • HB 714  RE: Riparian Buffer Protection Act (by Rep. Joe Webster, et al) | Provides land development may not be permitted within a riparian buffer area. Further provides the width of the riparian buffer area shall be a minimum of 100 feet of each side of the stream as measured from the top of the bank and establishes additional width requirements. Also provides for the restoration of impaired riparian buffers; exemptions; municipal authority; the powers and duties of the Department of Environmental Protection; property inspections; delegation to a municipality; penalties, civil actions and liability for costs; and severability.
    Introduced and referred to House Environmental Resources and Energy Committee, 3/1/2021
  • HB 861  RE: High-Performance Buildings Tax Credit (by Rep. Brian Sims, et al) | Amends the Tax Reform Code establishing the High-Performance Buildings Tax Credit which would be available to a taxpayer, whether owner or tenant, for either the construction of a high- performance building or the rehabilitation of a building which is not a high-performance building into a high-performance building. The total tax credit that is available to a taxpayer for a single eligible project shall be distributed in four equal amounts over four years. The amount shall be based on the number of gross square feet of floor space in the eligible building, that building’s achievement of an appropriate standard, and the tier of achievement earned. In addition, no building may receive a tax credit unless it has earned achievement at or above the tier I level. All the approved projects shall receive a base tax credit of $35,000 plus an additional tax credit based on a formula outlined in the legislation. The Department of Revenue shall annually report to the House and Senate Environmental Resources and Energy Committees on the credit. The addition of sections 1901-H, 1902-H, 1903-H, 1904-H and 1910-H shall take effect in 30 days, and the remainder of the act shall take effect in 12 months.
    Introduced and referred to House Finance Committee, 3/11/2021
  • HB 862  RE: Energy Star-Rated Product Manufacturing Tax Credit (by Rep. Brian Sims, et al) |Amends the Tax Reform Code establishing an Energy Star-rated product manufacturing tax credit for a taxpayer that manufactures Energy Star-rated products. The credit shall be an amount equal to 20 percent of the total amount of all capital, operation, and maintenance costs paid for manufacturing Energy Star-related products in the taxable year to be applied against the taxpayer’s qualified tax liability. The addition of sections 1801-I, 1802-I, 1803-I, 1804-I, 1805-I and 1806-I shall apply to tax years beginning after December 31, 2020, and the act shall take effect immediately.
    Introduced and referred to House Finance Committee, 3/11/2021
  • HB 863  RE: Energy Star-Related Glass or Window Technologies Tax Credit (by Rep. Brian Sims, et al) | Amends the Tax Reform Code establishing an Energy Star-related glass or window technologies tax credit for a taxpayer that manufactures Energy Star-related glass or window technologies. The credit would be in an amount equal to 20 percent of the total amount of all capital, operation, and maintenance costs paid for Energy Star-related glass or window technologies in the taxable year to be applied against the taxpayer’s qualified tax liability. The addition of sections 1801-I, 1802-I, 1803-I, 1804-I, 1805-I and 1806-I shall apply to tax years beginning after December 31, 2020, and the act shall take effect immediately.
    Introduced and referred to House Finance Committee, 3/11/2021
  • HB 864  RE: Green Roof Tax Credit (by Rep. Brian Sims, et al) | Amends the Tax Reform Code establishing a green roof tax credit.
    Introduced and referred to House Finance Committee, 3/11/2021

Local/State Government/Regulations

  • SB 191  RE: Historical Agricultural Buildings (by Sen. Judy Ward, et al) | Amends the Pennsylvania Construction Code Act, in preliminary provisions, exempting historical agricultural building from the Uniform Construction Code, provided that the owner of the building annually files an affidavit with the municipality stating that the following conditions are satisfied or, if the owner fails to do so, the municipality inspects the building at the owner’s expense and determines that the conditions are satisfied.
    Amended on Senate floor, and read second time, 3/16/2021
    Read third time, and passed Senate, 3/24/2021 (28-19)

Procurement

  • HB 709  RE: Stopping Pay to Play (by Rep. Mike Zabel, et al) | Amends Title 62 (Procurement), in ethics in public contracting, providing a commonwealth agency may not award a contract to an applicant under certain sections of statute unless the applicant submitted to the commonwealth agency a completed and signed disclosure statement which shall provide information enumerated in the bill. Provides further provisions on initial disclosure requirements, requirements to update disclosures and the form of disclosure statements. In addition to other penalties that may be assessed under other law, an applicant or contractor who makes a material misstatement or omission in a disclosure statement or an update disclosure statement may be debarred or suspended. Provides this section shall only apply to a bid, offer or proposal that is solicited on or after the effective date of this section.
    Introduced and referred to House State Government Committee, 3/1/2021

Professional Licensure

  • HB 325  RE: Advisory Opinions (by Rep. Keith Greiner, et al) | Amends Title 63 (Professions and Occupations (State Licensed)), in powers and duties, providing that licensed professionals may receive advice from licensing boards concerning the meaning or interpretation of an act or regulation pertaining to the license. NOTE: The Wolf Administration Opposes this bill.
    Reported as committed from House Professional Licensure Committee, read first time, and laid on the table, 3/15/2021
    Removed from the table, 3/17/2021
    Read second time, and rereferred to House Appropriations Committee, 3/22/2021
    Reported as committed from House Appropriations Committee, read third time, and passed House, 3/24/2021 (201-0)
    Received in the Senate and referred to Senate Consumer Protection & Prof. Licensure Committee, 3/25/2021
  • HB 855  RE: Paper Applications (by Rep. Clint Owlett, et al) | Amends Title 63 (Professions and Occupations (State Licensed)), in powers and duties, providing that no later than 120 days after the effective date of the relevant section, the commissioner shall ensure that a paper application is available for an individual applying for an initial license, certificate, registration, or permit or a renewal and objects to submitting an electronic application to a licensing board or commission based on the individual’s religious or personal conviction.
    Introduced and referred to committee on House Professional Licensure Committee, 3/10/2021

Worker’s Comp

  • HB 922  RE: WC Installments (by Rep. Eric Davanzo, et al) | Amends the Workers’ Compensation Act, in liability and compensation, removing the word installments from the statute. Introduced and referred to House Labor and Industry Committee, 3/15/2021
  • SB 319  RE: WC Installments (by Sen. Camera Bartolotta, et al) | Amends the Workers’ Compensation Act, in liability and compensation, removing the word installments from the statute.
    Introduced and referred to Senate Labor and Industry Committee, 3/10/2021

Workforce Development

  • SB 308  RE: Work-Based Learning Tax Credit (by Sen. Lisa Boscola, et al) | Amends the Tax Reform Code providing for a work-based learning tax credit. The bill establishes that a taxpayer who partners with a school district to provide a student participant an opportunity to participate in an eligible business program established by the taxpayer in a taxable year may apply for a tax credit as provided under this article. By September 15 of each year, a taxpayer must submit an application for the tax credit to the department.
    Introduced and referred to Senate Finance Committee, 3/10/2021

Copies of all bills of interest can be accessed via the Internet at: http://www.legis.state.pa.us/cfdocs/legis/home/session.cfm

Upcoming Meetings of Interest

Some House Committee meetings and session can be viewed online at: http://www.pahousegop.com/

Senate Committee meetings and session can be streamed at: http://www.pasenategop.com/

  • 2021 Senate Session Schedule
    • April               12 (canceled), 13 (canceled), 14 (canceled), 19, 20, 21, 26, 27, 28
    • May                10, 11, 12, 24, 25, 26
    • June                7, 8, 9, 14, 15, 16, 21, 22, 23, 28, 29, 30
  • 2021  House Session Schedule
    • April                5, 6, 7, 19, 20, 21, 26, 27, 28
    • May                3, 4, 5, 24, 25, 26
    • June                7, 8, 9, 14, 15, 16, 21, 22, 23, 24, 25, 28, 29, 30
    • September      13, 14, 15, 27, 28, 29
    • October          4, 5, 6, 25, 26, 27
    • November       8, 9, 10, 15, 16, 17
    • December       13, 14, 15

State Registration Board for Professional Engineers, Land Surveyors and Geologists Meeting Schedule

State Geospatial Coordinating Board2021 Meeting Dates