House Commerce Committee Advances Stephens/Driscoll Anti-indemnification Bill

The committee met on June 9, to consider several pieces of legislation, including a bipartisan bill sponsored by Rep. Todd Stephens (R-Montgomery) and Rep. Mike Driscoll (D-Philadelphia), limits liability in construction contracts. HB 424 amends Act 164 of 1970, “An act relating to indemnification agreements between architects, engineers or surveyors and owners, contractors, subcontractors or suppliers” to void any indemnification clauses in construction agreements where one party must accept liability for another party’s negligence.

Rep. Stephens stated that the bill has a “broad array” of stakeholders, and about 17 stakeholder groups are supportive. He noted that a couple of groups asked questions about the bill, and he is willing to work with them. Rep. Stephens said, “The goal of the bill overall is to ensure that there is fairness in construction contracts to make sure that entities are only taking on the liability that they truly cause…and that no one is being forced to take on liability for someone else’s errors.” He pointed out that Pennsylvania is one of the outlier states that does not limit this type of practice addressed in the legislation.

Minority Chairman John Galloway (D-Bucks) commented that Rep. Michael Driscoll (D-Philadelphia) came to him with a need for the bill a while ago and it was a “great idea.” He said, “This bill is a great example of two parties getting together and getting something accomplished.” He thanked Rep. Driscoll and everyone who has been involved with the bill for their work. Rep. Mike Jones (R-York) acknowledged that Chairman Brad Roae (R-Crawford) and Rep. Stephens heard his concerns. He said he will vote “no” because the bill can be improved. He expressed his concern that a general contractor could be found liable because of hiring a subcontractor. He asserted that he would like more time for the industry to adapt. Rep. Jones noted that he is not speaking against the bill but wants to go on the record with concerns. He said, “This is a good bill. I just think it can be a little better.”

Chairman Roae noted that Rep. Jones has been involved in conversations regarding this bill. He stated that legislators put time into the bill and talked with stakeholders to try to reach a consensus. The bill is expected to remain in the House for the summer so that any additional stakeholder groups may have input. 

The bill was reported as committed with Rep. Mike Jones (R-York) voting in the negative. It now goes to the full House for consideration, and possible amendments.

In the News 

School Districts Attempt to Skirt Separations Act

Our lobbyists uncovered an attempt by the school districts associations to add a provision to the impending state budget package to allow them to build using single primes for any projects using federal Elementary and Secondary School Emergency Relief Funds (ESSER).  A similar effort that would apply only to the Philadelphia school district was discovered at the same time.  At present, it appears that neither proposal will be passed as part of the budget that is expected to be completed before the June 30th deadline, but that is not assured.  You will be advised of any additional developments as the final budget package is made public.

House and Senate Send Governor Nearly $80 Billion Spending Plan

The PA General Assembly made good on its promise to beat the deadline for passage of the Fiscal Year 2021-22 budget, sending a package of bills to Governor Tom Wolf that spends almost $80 billion in state and federal funds, while leaving approximately $2.7 billion unexpended, transferring those funds to the state “Rainy Day” fund. The plan, embodied in SB 255  uses some, but far from all, of the federal CARES Act funds, pushing some key spending decisions to the fall, and into future budget years.

As part of the budget-making process, the legislature passed several ancillary bills, amending the Tax Code, Fiscal Code, Public School Code, Administrative Code, and others, that outline in narrative how the funds are to be rolled out. Those bills of interest to PSPE are outlined in the bill tracking report below.

It was argued by proponents of the package, and supported by the Governor, that the budget could not spend all, or even most, of the federal funds in the coming fiscal year, for fear of leaving future years wanting. Legislators on both sides of the aisle supported this approach, while others contended that investing more money now would bolster the economy going forward, allowing for more revenues from employment and investment taxes, solving the problem and lifting Pennsylvanians up. There is a belief that this budget plan is indeed a temporary plan, and additional spending will be considered in the fall, and later in the budget year, to incorporate a new federal infrastructure bill, which is pending in Congress, and more spending of the prior federal assistance. SB 255 passed the House by a 140-61 vote, followed by a bipartisan Senate vote of 43-7. The Governor signed the bill, and numerous other parts, on June 30.

Before leaving town, the Speaker of the House announced that the remaining scheduled session days in June, and the first scheduled week in September would be cancelled. The House will return to session on September 27. The Senate also announced its Fall Schedule. See below.

 Lawmakers End Disaster Declaration But Preserve Many Of Its Provisions

Using their newly awarded but still uncertified powers over emergency disaster declarations, the Pennsylvania General Assembly voted this month to end Gov. Tom Wolf’s COVID-19 emergency disaster declaration, which has been in place since March 2020. In an extra session day called specifically for the legislation, both the House and Senate passed both a resolution (HR 106 ) ending the Governor’s COVID-19 disaster declaration and a companion bill (HB 854) that will carry most of the governor’s regulatory waivers — which were put in place as part of the disaster declaration last year — through September. While the bill extending regulatory waivers passed both chambers unanimously, the resolution to end the disaster declaration fell largely along party lines.

Republicans, who have been searching for ways to end the disaster declaration since spring 2020, celebrated the resolution’s passage.

“For all practical purposes, the state of emergency in our Commonwealth is over,” Senate Majority Leader Kim Ward (R-Westmoreland) said. “…We came up with a solution to address the most pressing needs and these waivers will protect our health care waivers, it will protect our most vulnerable, it will protect our families and it will help protect our businesses.”

All but one Democrat voted against the resolution, calling it political theater and expressing concern that while most of the provisions of the disaster declaration would remain thanks to the regulatory bill, questions remain about the state’s eligibility for federal unemployment and food aid.

The legislature’s ability to pass the resolution came voters approved a constitutional amendment during the May 18 primary to shorten the length of disaster declarations from 90 days to 21 days and to give the General Assembly greater power to end a governor’s order. The election results are yet to be certified, as two counties are still not officially reported.

Many of the COVID-19 mitigation measures that Republicans have taken issue with, including business closures, are powers of the Department of Health and will not be affected by the end of the disaster declaration. Republicans in the Senate advanced a separate bill, SB 618, earlier this month to curtail the Secretary of Health’s powers. The House passed the bill and sent it to the Governor, who then vetoed the bill, calling it, “anti-vaccination legislation that would severely limit medical providers and the public from having access to vital information on vaccination rates and vaccine efficacy. The legislation would eliminate the Department of Health’s ability to respond to future matters of public health resulting in the spread of infectious diseases and gravely endanger those vulnerable, as well as limit the tools necessary to conduct a coordinated public health response and save lives of Pennsylvanians during a pandemic.”

See Gov. Wolf’s SB 618 veto message here. 

House and Senate Each Swear in Two New Members 

The state House and Senate filled out their respective complements, at least briefly, by welcoming the winners of special elections to fill vacancies, this month. Some information gleaned from their inauguration press releases follows.

Pledging to lead with accountability, transparency, integrity and uncompromising conservative values, state Rep. Leslie Rossi (R-Westmoreland/Somerset) was officially sworn into office June 7, to begin her first term in the Pennsylvania General Assembly serving the people of the 59th Legislative District. She succeeds the late Rep. Mike Reese, who passed away earlier this year. Rep. Major has been elected as a member of the House Children and Youth Committee, the House Aging and Older Adult Services Committee, the House Urban Affairs Committee, and the House Liquor Control Committee.

Rossi becomes the first-ever woman to represent the 59th District in the Pennsylvania House of Representatives.
Her other top legislative priorities include enacting landmark election integrity reform, eliminating wasteful spending, and reducing taxes for families, seniors, farmers and job creators to restore a prosperous economy and bring home more well-paying jobs to the 59th District. Rep. Rossi has been elected as a member of the House Children and Youth Committee, the House Urban Affairs Committee, the House Finance Committee, and the House Gaming Oversight Committee.
A lifelong resident of Westmoreland County, Rossi lives in Unity Township with her husband Mike and their family.

 Rep. Abby Major (R-Armstrong/Indiana/Butler) took the oath of office to represent the people of the 60th Legislative District on June 7. She is focused on cutting government spending and protecting Second Amendment rights. “I am humbled to be elected to replace my former boss, Rep. Jeff Pyle,” Major said. “I plan to continue his high-quality constituent service to area residents and be their voice in Harrisburg.”

A native of Armstrong County, Major graduated from Ford City High School, Pittsburgh Institute of Mortuary Science and Southern Illinois University. Major served three years in the U.S. Army as an intelligence analyst, including a 12-month tour in Iraq. She was awarded the National Defense, Global War on Terrorism and Iraq Campaign Service medals, and the Overseas Service Ribbon. Major is keeping her predecessor’s district offices in Ford City and Sarver. The Ford City office is located at 312 Ford St., and the Sarver office is located at 612 S. Pike Road, Suite 106. The office phone numbers are 724-763-3222 and 724-295-2200 respectively. Both offices are open Monday through Friday from 9 a.m. to 4:30 p.m. More state information is available on her website, RepAbbyMajor.com.

Lebanon County Businessman Chris Gebhard took the oath of office to begin his first term in the Senate serving the 48th District on June 9. The current term will conclude in December of 2022. During his time in office, Gebhard wants to ensure Pennsylvania has fair and honest elections; reopen the Commonwealth’s economy and schools; help small business owners recover from Gov. Tom Wolf’s draconian lockdown orders; and replace the governor’s tax-and-spend budget proposal with a fiscally responsible budget that puts families and taxpayers first.

“Passing a budget that protects taxpayers from tax increases, like the one that was part of the governor’s budget proposal, is my top priority. As a small employer and father of two boys, I know how critical it is to balance the needs of the Commonwealth – like providing our children with a quality education – with the financial limitations of families and employers,” Gebhard said. “So much has been done in the last year to drive employers from Pennsylvania, and we desperately need to take a different approach.”

Before winning a special election following the passing of Senator Dave Arnold, Gebhard spent the past 25 years working in the insurance field. He currently owns Hoaster Gebhard & Co., an insurance and risk management firm in Lebanon. Gebhard has been assigned to the following committees: Appropriations, Banking & Insurance, Game & Fisheries, Intergovernmental Operations, Urban Affairs & Housing, and Veterans Affairs & Emergency Preparedness.

For more information, visit his website at SenatorGebhard48.com. The 48th District includes all of Lebanon County and parts of Dauphin and York counties.

Former State Rep. Marty Flynn was sworn in to serve the 22nd District in the Pennsylvania State Senate on June 9. Flynn was elected to serve Lackawanna, Luzerne, and Monroe counties in a special election held in May 2021. The position was formerly held by Senator John Blake who resigned to take a job on the staff of US Congressman Matt Cartwright. Senator Flynn is a native of Scranton, Marywood University graduate and a former professional boxer. Since January 2013, he served the 113th District in the State House of Representatives. Now as State Senator, Flynn will serve all 163 precincts in Lackawanna County, 10 in Luzerne County, and 7 in Monroe County.

He will serve as the Senate Democratic Chair of the Finance Committee. Flynn will also join the Appropriations Committee, the Community, Economic and Recreational Development Committee, and Transportation Committee.

During his campaign in the 22nd District, Senator Flynn made clear he would focus on local economic development, labor union rights, and housing initiatives to support communities and stop blight. “I’m thrilled to join the Pennsylvania Senate and to have an even louder voice for workers, seniors, teachers, unions, and families. I’ve always been a fighter and I look forward to keeping up the fight for the needs and values of everyone I represent,” said Senator Flynn. His full bio is available on his Senate website.

Speaker Announces Special Election for the 113th District

Speaker of the House Bryan Cutler (R-Lancaster) has ordered a special election to coincide with Pennsylvania’s municipal general election on Nov. 2, 2021, to fill the vacant seat in the 113th Legislative District in Lackawanna County, the seat vacated when Rep. Marty Flynn (D-Lackawanna) was elected to the Pennsylvania Senate. Candidates for the office will be selected by a process designated by their respective political parties, and the winner of the special election will take office after the results are confirmed.

This Month in the PA Bulletin

DCNR: RETENTION OF DESIGN PROFESSIONAL FIRMS; PROJECT REFERENCE NO. FDC-500-817

The Department of Conservation and Natural Resources issued Request for Proposals (RFP) from interested and qualified design professional firms (Consultant or Offeror) for an open-end contract or contracts for various architectural, landscape architectural and engineering design services. Refer all inquiries to the issuing officer: Michael Twigg, DCNR, Bureau of Facility Design and Construction, PO Box 8451 Harrisburg, PA 17105-8451, 400 Market Street, 8th Floor, or email at mtwigg@pa.gov . Additional information is available on the Pennsylvania Bulletin: https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol51/51-21/805.html

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. Copies of all bills of interest can be accessed by clicking here. 

Bidding / Contracting 

HB 104  RE: Improper Payments (by Rep. Valerie Gaydos, et al)
Amends Title 71 (State Government) providing that no less than once every two years, a commonwealth agency shall assess improper payments on any program which is not required under federal law. Provides that a commonwealth agency shall conduct an initial assessment of improper payments no later than 120 days after the effective date. Provides for the contents of the assessment. Provides that each agency shall determine whether the programs operated by the agency have a low, moderate or high risk of resulting in improper payments based on each program’s total amount of improper payments in dollars and total improper payments as a percentage of each program’s total expenditures, and that the assessment requires the discovery and reporting of causes of improper payments within high-risk populations. Provides for public information on payments and programs of commonwealth agencies.
Rereferred to Senate Appropriations Committee, 6/9/2021

HB 108  RE: Do-Not-Pay Initiative (by Rep. Clint Owlett, et al)
Amends Title 71 (State Government) establishing provisions for improper payments; and establishing for the Do-Not-Pay Initiative. The legislation establishes that a commonwealth agency that makes payments by expending federal funds shall enter into a memorandum of understanding between the United States Treasury to participate in the Do-Not-Pay Initiative. Provides that participation shall include the use of the initiative’s online interface to verify the accuracy and integrity of payments issued by the commonwealth agency and an analytical review of the agency’s data through the initiative to improve the data collected and the integrity of payments. Requires an annual report for all participating commonwealth agencies and enumerates its content.
Rereferred to Senate Appropriations Committee, 6/9/2021

SB 284  RE: Bonding for Alternative Energy Production Projects (by Rep. Gene Yaw, et al)
Amends Title 27 (Environmental Resources) providing for bonding for alternative energy production projects. Provides that the operator of an alternative energy production project commenced on or after the effective date shall post a bond with the department on a form prescribed by the department. Further provides that the board may determine the amount of the bond required based on the total estimated cost to the commonwealth related to potential hazardous liabilities, decommissioning the permitted area, completing a reclamation plan for the affected site, the proper recycling or disposal of the alternative energy production project, and any other factor determined by the board.
Reported as amended from Senate Environmental Resources and Energy Committee, and read first time, 6/15/2021

Budget Related Bills

HB 336  RE: Administrative Code Changes (by Rep. Ryan Mackenzie, et al)
Amends the Administrative Code to update the name of the Department of Banking to the Department of Banking and Securities; removes references to the Pennsylvania Securities Commission; updates the name of the Department of Public Welfare to the Department of Human Services; removes a reference to the Board to License Private Bankers; establishes the Judicial Computer System Financial Audit Committee within the Pennsylvania Commission on Crime and Delinquency and provides for its membership and its powers and duties; transfers the administration of the Flood Plain Management Act from the Department of Community and Economic Development to the Pennsylvania Emergency Management Agency; adds a definition of “requesting officer”; and adds language allowing the Auditor General to perform an audit of a municipal authority under certain conditions. Also adds language to provide additional requirements during the publication process of a constitutional amendment; adds a new section regarding equity reform for lobbyists; adds a new section to require the Attorney General to defend a claim against a Commonwealth entity under certain conditions; adds language requiring the Department of Environmental Protection to submit for publication in the Pennsylvania Bulletin a general permit for the transfer, storage or processing of oil and gas liquid waste at temporary facilities in operation for no more than 180 day at once; adds a new section clarifying the Department of Conservation and Natural Resources shall have the powers and duties vested in the Department of Commerce by the Project 70 Land Acquisition and Borrowing Act; adds a section requiring DHS to request guidance and decision from the U.S. Department of Agriculture on the Commonwealth’s ability to pursue a waiver for the continuation of the Supplemental Nutrition Assistance Program (SNAP) Emergency Allotment benefits; adds a new section requiring service delivery conditions of a drug and alcohol treatment provider to be in substantial compliance with the American Society of Addiction Medicine Criteria, 3rd Edition, 2013 by July 1, 2013, except if the treatment provider submits an application for, and is granted, an extension by the Department of Drug and Alcohol Programs; repeals provisions relating to vehicle and tractor codes. Adds a new article establishing the Pennsylvania Commission for the United States Semiquincentennial to plan, encourage, develop, and coordinate the commemoration of the 250th anniversary of the founding of the United States, and Pennsylvania’s related role and provides for its membership and its duties. Certain sections take effect immediately; certain sections take effect in 90 days; and the remainder takes effect in 60 days.

Reported as committed from Senate Banking and Insurance Committee, read first time, 6/15/2021

Read second time, and rereferred to Senate Appropriations Committee, 6/16/2021

Reported as amended from Senate Appropriations Committee, read third time, and passed Senate, 6/25/2021 (28-22)

Received as amended in House and rereferred House Rules Committee, re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments, 6/25/2021 (112-89)

Signed in the House and in the Senate, 6/25/2021

In the hands of the Governor, 6/28/2021. Last day for Governor’s action, 7/8/2021


HB 952  RE: Data Center Equipment (by Rep. Donna Oberlander, et al)
Amends the Tax Reform Code adding language replacing the current tax refund program on the sale of data center equipment with a sales tax exemption on data center equipment. Provides for applicability and definitions.

Reported as committed from House Appropriations Committee, read third time, and passed House, 6/8/2021 (177-26)

Received in the Senate and referred to Senate Finance Committee, 6/9/2021

Reported as committed from Senate Finance Committee, and read first time, 6/14/2021

Read second time, and rereferred to Senate Appropriations Committee, 6/15/2021

Reported as amended from Senate Appropriations Committee, read third time, and passed Senate, 6/25/2021 (46-4)

Received as amended in House and rereferred to House Rules Committee, re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments, 6/25/2021 (170-31)

Signed in the House and in the Senate, 6/25/2021

Approved by the Governor, 6/30/2021 (Act No. 25 of 2021)


HB 1509 RE: Workmen’s Compensation Administration Fund (by Rep. Stan Saylor, et al)
Act appropriating from the Workmen’s Compensation Administration Fund to the Department of Labor and Industry and the Department of Community and Economic Development to provide for the expenses of administering the Workers’ Compensation Act, the Pennsylvania Occupational Disease Act and the Office of Small Business Advocate 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. The bill appropriates the following: $75,802,000, from the Workmen’s Compensation Administration Fund to the Department of Labor and Industry for the payment of all salaries, wages and other compensation and travel expenses, for contractual services and other expenses necessary for the administration of the Workers’ Compensation Act; and $280,000 from the restricted revenue account within the Workmen’s Compensation Administration Fund to the Office of Small Business Advocate in the Department of Community and Economic Development.

Read second time, and Rereferred to House Appropriations Committee, 6/7/2021

Reported as committed from House Appropriations Committee, read third time, and passed House, 6/16/2021 (202-0)

Received in the Senate and referred to Senate Appropriations Committee, 6/17/2021

Reported as committed from Senate Appropriations Committee, and read first time, 6/21/2021

Read second time, 6/22/2021

Read third time, and passed Senate, 6/25/2021 (50-0)

Signed in the House and in the Senate, 6/25/2021

Approved by the Governor, 6/30/2021 (Act No. 8A of 2021)

SB 255  RE: General Appropriations Act of 2021 (by Sen. Patrick Browne, 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.

Reported as committed from Senate Appropriations Committee, and read first time, 6/8/2021

Read second time, and recommitted to Senate Appropriations Committee, 6/9/2021

Reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 6/16/2021 (50-0)

Received in the House and referred to House Appropriations Committee, re-reported as committed from House Appropriations Committee, read first time, laid on the table, and removed from the table, 6/16/2021

Read second time, and rereferred to House Appropriations Committee, 6/21/2021

Reported as amended from House Appropriations Committee, read third time, and passed House, 6/25/2021 (140-61)

Received as amended in Senate and rereferred to Senate Rules and Executive Nominations, 6/25/2021

Senate concurred in House amendments (43-7)

Signed in the House and in the Senate, 6/25/2021

Approved by the Governor, with a line item veto, 6/30/2021. Act 1A of 2021

 
SB 291  RE: The 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.

Reported as committed from Senate Appropriations Committee, and read first time, 6/8/2021

Read second time and recommitted to Senate Appropriations Committee, 6/9/2021

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.

Reported as amended from Senate Aging and Youth Committee, and read first time, 6/8/2021

Read second time, and rereferred to Senate Appropriations Committee, 6/9/2021

SB 463  RE: Data Centers (by Sen. Scott Hutchinson, et al)
Amends the Tax Reform Code adding language replacing the current tax refund program on the sale of data center equipment with a sales tax exemption on data center equipment. Provides for applicability and definitions.

Read second time, and rereferred to Senate Appropriations Committee, 6/15/2021

 COVID-19 Related Legislation

HB 854  RE: Maintaining Temporary Regulations (by Rep. Torren Ecker, et al)
Amends the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, providing for COVID-19 record retention and for temporary regulatory flexibility authority. Continues current waivers through September, despite the termination of the disaster declaration.

Amended on House floor, read second time, and rereferred to Senate Appropriations Committee, 6/9/2021

Reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 6/10/2021 (50-0)

Received as amended in House and rereferred to House Rules Committee, re-reported on concurrence as committed from House Rules, and House concurred in Senate amendments, 6/10/2021 (202-0)

Signed in the House and in the Senate, 6/10/2021

Approved by the Governor, 6/11/2021 (Act No. 21 of 2021)

HR 106 RE: Disaster Declaration Termination (by Rep. Kerry Benninghoff, et al)
A Concurrent Resolution extending in part and terminating in part the March 6, 2020, proclamation of disaster emergency, as amended and renewed, issued under the hand and seal of the governor, Thomas Westerman Wolf. The General Assembly, in accordance with section 20 of Article IV of the Constitution of Pennsylvania, hereby terminates in part and extends in part the disaster emergency declared on March 6, 2020, as amended and renewed, in response to COVID-19. Enumerates which portions of the disaster emergency declaration are terminated or extended. Provides the extension in part of the disaster emergency declared on March 6, 2020, as amended and renewed, in response to COVID-19, shall expire on October 1, 2021, except as terminated or extended, in whole or in part, by the General Assembly. Any portion of the disaster emergency declaration which is not terminated in part shall be extended in part.

Amended on House floor and Adopted, 6/8/2021 (113-90)

Received in the Senate and referred to Senate Veterans Affairs & Emergency Preparedness Committee, and re-reported as amended from Senate Veterans Affairs & Emergency Preparedness, 6/9/2021

Amended on Senate floor, and Adopted, 6/10/2021 (30 – 20)

Received as amended in House and rereferred to House Rules Committee, re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments, 6/10/2021 (121-81)

Signed in the House and in the Senate, 6/10/2021

Effective upon State Department certification of referendum counts

 Liability

HB 424  RE: Anti-Indemnity in Construction Contracts  (by Rep. Todd Stephens, et al)
Amends “An act relating to indemnification agreements between architects, engineers or surveyors and owners, contractors, subcontractors or suppliers” to void any indemnification clauses in construction agreements where one party must accept liability for another party’s negligence.

Reported as committed from House Commerce Committee, read first time, and rereferred to House Rules Committee, 6/9/2021

HB 947  RE: Insurance Renewal Rate for Small Businesses: 50-99 Employees (by Rep. David Zimmerman, et al)
Amends the Insurance Company Law, in casualty insurance, providing that insurers shall furnish claims experience to policyholders within 30 days of a policyholder’s request unless the information has been furnished to the group policyholder within the preceding six months. Establishes criteria by which an insurer may apply for an alternative form of claims experience reporting.

Reported as amended from House Insurance Committee, read first time, and rereferred to House Rules Committee, 6/16/2021

Local/State Government/Regulations

HB 523 RE: Repair of Private Roads (by Rep. Gary Day, et al)
Amends the General Road Law further providing for repair of private roads by stipulating that in the absence of a written agreement or if the private road is a part of a planned community under Title 68 (relating to real and personal property), when more than one person enjoys a common benefit from a private road, each person shall contribute in proportion to the amount of private road owned to the cost of maintaining the private road and shall have the right to bring a civil action to enforce this requirement. Exempts property owners that do not use the private road as the primary access to their property from paying for repairs.

Reported as amended from Senate Local Government Committee, and read first time, 6/15/2021

Read second time, and rereferred to Senate Appropriations Committee, 6/16/2021

Reported as committed from Senate Appropriations Committee, 6/25/2021


HB 591  RE: Waiver of NPDES Permit (by Rep. David Zimmerman, et al)
Amends the Clean Streams Law, in other pollutions and potential pollution, further providing for potential pollution by adding that a construction site that results in land disturbance of more than one acre and less than five acres may apply to waive the otherwise applicable requirements for a National Pollutant Discharge Elimination System permit in accordance with Title 40 CFR 122.26(b)(15)(i) (relating to storm water discharges (applicable to State NPDES programs, see 123.25)).

Reported as committed from House Environmental Resources and Energy Committee, read first time, and Rereferred to House Rules Committee, 6/15/2021

Reported as committed from House Rules Committee, read second time, and rereferred to House Appropriations Committee, 6/21/2021

Reported as committed from House Appropriations Committee, 6/22/2021

HB 860  RE: Smoke Alarm Responsibility Act (by Rep. Todd Polinchock, et al)
Regulates certain smoke alarm devices; provides for owner responsibilities; and prescribes penalties. The legislation establishes that no person may distribute, sell, offer for sale or import a smoke alarm device unless the device is an approved smoke alarm, and that the owner of a dwelling who leases a dwelling shall, prior to execution of the lease, equip the dwelling with an approved smoke alarm device. The legislation provides owner and tenant responsibilities for smoke alarms, and that a violation is a summary offense punishable by a fine up to $50. Nothing in the act shall be construed as requiring an owner of a dwelling unit to replace a working smoke alarm that is not more than 10 years old.

Reported as committed from House Veterans Affairs & Emergency Preparedness Committee, read first time, and rereferred to House Rules Committee, 6/14/2021

HB 1682 RE: Inspectors (by Rep. Sheryl Delozier, et al)
Amends the Pennsylvania Construction Code Act, in training and certification of inspectors, further providing for training of inspectors.

Introduced and referred to House Labor and Industry Committee, 6/23/2021

SB 208  RE: Clarifying Municipal Bonding Requirements for Property Improvements (by Sen. John DiSanto, et al)

Amends th Pennsylvania Municipalities Planning Code, in subdivision and land development, providing for completion of improvements or guarantee thereof prerequisite to final plat approval, establishing that the financial security equals but does not exceed 110 percent, and providing that the engineer of the project may retain 10 percent of the estimated cost of the remaining improvements.

Reported as committed from Senate Local Government Committee, read first time, 6/15/2021

Read second time, and rereferred to Senate Appropriations Committee, 6/16/2021

Reported as committed from Senate Appropriations Committee, 6/21/2021

Read third time, and passed Senate, 6/22/2021 (50-0)

Received in the House and referred to House Local Government Committee, 6/23/2021

SB 283  RE: Highway Drainage (by Sen. Scott Hutchinson, et al)
Amends the State Highway Law adding language requiring the Department of Transportation, at the expense of the commonwealth, to construct and maintain all surface and subsurface drainage facilities connected with state highways within boroughs and incorporated towns with populations equal to or less than 2,500 based on the most recent decennial census.

Read second time, and rereferred to Senate Appropriations Committee, 6/7/2021

SB 302 RE: Firefighting Foam Management Act (by Sen. Gene Yaw, et al)
Establishes that no person or firefighting entity and neither the commonwealth nor a municipality may discharge or otherwise use a class B firefighting foam that contains a PFAS chemical for testing or training beginning July 1, 2021. A person or fire department who administers a training program in violation of this section is subject to a civil penalty not to exceed $5,000 for a first offense, and for subsequent offenses not to exceed $10,000. The Pennsylvania Emergency Management Agency shall enforce the provisions of this act. Nothing in this act shall be construed to restrict the manufacture, sale or distribution of class B firefighting foam that contains a PFAS chemical; or the discharge or other use of class B firefighting foam that contains a PFAS chemical purchased prior to July 1, 2021, in emergency firefighting or fire prevention operations. Effective immediately.

Reported as amended from Senate Environmental Resources and Energy Committee, and read first time, 6/15/2021

Read second time, and rereferred to Senate Appropriations Committee, 6/21/2021

SB 533  RE: Submission of Regulations (by Sen. Gene Yaw, et al)
Amends Title 35 (Health and Safety), in Commonwealth services, providing that the consideration, adoption, or publication within the Pennsylvania Bulletin of a proposed regulation, a final-form regulation, or a final-omitted regulation subject to the Regulatory Review Act and conducting a department or agency advisory committee meeting are prohibited during a period of disaster emergency as declared by the governor unless directly related to responding to the disaster emergency or adhering to a federal or state statutory timeline or court order. Establishes provisions for waiver.

Reported as committed from Senate Appropriations Committee, and amended on the Senate floor, 6/14/2021

Read third time, and passed Senate, 6/15/2021 (29-21)

Received in the House and referred to House State Government Committee, 6/16/2021

SB 769  RE: Small Wireless Facilities Deployment Act (by Sen. Patrick Browne, et al)
Provides for small wireless facilities deployment and establishes provisions for the use of rights-of-way, the permitting process, access to municipal poles within rights-of-way, local authority, implementation in municipalities, indemnification, and general requirements for rights-of-way.

Introduced and referred to Senate Communications and Technology Committee, 6/15/2021

Reported as committed from Senate Communications and Technology Committee, and read first time, 6/16/2021

Read second time, and rereferred to Senate Appropriations Committee, 6/21/2021

Reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 6/22/2021 (49-1)

Received in the House and referred to House Consumer Affairs Committee, 6/23/2021

 

Mandate Waivers

  • SB 1  RE: Excellence in Education for All Act (by Sen. Scott Martin, et al)
    Amends the Public School Code providing for advertising and for mandate waiver program; providing for transfer of attendance records to another school entity or nonpublic school; and further providing for powers and charter school requirements. This legislation adds provisions related to advertising and waiver provisions and requirements of waiver requests. The legislation further provides for higher education agreements with charter schools, regional charter schools, cyber charter schools or area career and technical schools. The bill establishes additional requirements for charter school entities, including audit requirements, requirements of boards of trustees, administrators, and appeals for denials of charter school applications. Establishes procedures for regional charter school applications and provides for the creation of the State Charter School Appeal Board. Provides for admission and enrollment requirements in a charter school entity and tasks the Department of Education with developing a standard enrollment form for charter school applications. Establishes requirements and benefits for charter school employees and funding for charter school entities. Provides for tort liability provisions for charter school employees and provisions for renewal or termination of charters. Establishes that within 90 days of the effective date of the relevant section, the department shall develop and issue a standard application form that multiple charter school organization applicants must submit to the department and criteria for the applications. Provides for charter school grants and start-up funding. Establishes requirements and prohibitions for cyber charter schools and grant application procedures. Provides for scholarship awards to applicants of economically-disadvantaged schools and requirements for business firms applying for tax credits for contributions. The section related to advertising shall take effect in 180 days. The amendments related to funding for charter school entities, definitions, qualification and application by organizations, application by business firms, tax credits, limitations on tax credits, and opportunity scholarships shall take effect July 1, 2021, or immediately, whichever is later. The remainder of the act shall take effect in 60 days.

Introduced and referred to Senate Education Committee, 6/4/2021

Reported as committed from Senate Education Committee and read first time, 6/7/2021

Read second time, 6/8/2021

Rereferred to Senate Appropriations Committee, 6/9/2021

Reported as committed from Senate Appropriations Committee, recommitted to Senate Education Committee, and reported as amended from Senate Education, 6/15/2021

 Permitting

HB 604  RE: Environmental Permits and Plan Approvals (by Rep. Jonathan Fritz, et al)
Amends the Administrative Code providing that environmental permits and plan approvals are deemed administratively complete if it is accompanied by a professional engineer’s affidavit attesting to the permit’s sufficiency; making related repeals; and abrogating regulations. Provides that the Department of Environmental Protection would deem permits approved unless the department shows evidence that the application is not sufficient. Permits or authorizations not accompanied by an affidavit by a professional engineer require the department to render a decision within 45 days.

Reported as amended from House Environmental Resources and Energy Committee, 6/23/2021

 Professional Licensure

HB 1492  RE: Second Chance Employment Opportunities  (by Rep. Jim Cox, et al)
Amends Title 63 (Professions and Occupations (State Licensed)) establishing licensing for individuals with a criminal conviction and occupational licensing for low-income individuals. Provides the right of an individual with a criminal record to petition the state to obtain a certification, occupational license or specialty occupational license for medical reimbursement and the right against the commonwealth using the individual’s criminal record as an automatic bar to obtaining a state license or certification. An individual with a criminal record may petition a licensing or certifying body at any time, including prior to obtaining required education or training, for a determination of whether the individual’s criminal record will disqualify the individual from obtaining state recognition, required information and determination. Provides for disqualifications, issue of determination and adverse determination. An individual who obtains an occupational license from a licensing or certifying body shall not be required to pay the associated fee if the individual’s household income is less than 200 percent of the federal poverty line.

Introduced and referred to House Professional Licensure Committee, 6/11/2021

 Workforce Development

SB 168  RE: Industry Partnerships (by Sen. Vincent Hughes, et al)
Amends the Workforce Development Act, in industry partnerships, further providing for definitions, for industry clusters, for interdepartmental cooperation and for industry and labor market research and providing for dissemination of industry and labor market research to educational institutions. Establishes that beginning on July 1, 2021, the Department of Labor and Industry shall provide, on a regular basis, specific labor market information and forward-facing employment data to educational institutions for the labor market in which each educational institution is located. The bill establishes that each educational institution that receives labor market information and forward-facing employment data shall provide copies of the information and data to the individuals responsible for career and technical and educational guidance at an educational institution for use in planning and developing career education programs and providing career and technical and education guidance to career education pupils.

Laid on the table, 6/8/2021

SB 486  RE: National Guard Preference (by Sen. John Sabatina, et al)
Amends the Workforce Development Act, in preliminary provisions, providing that Pennsylvania National Guard members or their spouses shall be given a preference for placement in any program under the Workforce Development Act for one year after the discharge of the member from active duty.

Reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 6/9/2021 (49-0)

Received in the House and referred to House Labor and Industry Committee, 6/10/2021

Upcoming Meetings of Interest

House Urban Affairs Committee

  • Date: Wednesday, July 21, 2021
  • Time: 9:30 AM
  • Location: Lancaster Chamber, 15 East King Street, Lancaster
  • Note: Public round table discussion with local community leaders and officials on Blight Remediation.

 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
    • September      20, 21, 22, 27, 28, 29
    • October          18, 19, 20, 25, 26, 27
    • November       15, 16, 17
    • December       13, 14, 15
  • 2021  House Session Schedule
    • September      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

DEP Oil and Gas Technical Advisory Board Virtual Meeting Schedules For 202