The committee held a budget hearing on April 14 with the Governor's Budget Office represented by Uri Monson, secretary of the budget, and Reggie McNeil, acting secretary, Department of General Services (DGS).  Some highlights of that hearing follow.

Sen. Joe Pittman (R-Indiana) said Gov. Shapiro has made a commitment to cutting red tape and explained that both the DGS and the Office of the Budget have the opportunity to fix programs particularly the Redevelopment Assistance Capital Program (RACP). "The RACP program is broken and that is not your fault, that is the fault of your predecessors," he stated. Sec. Monson said the RACP process is cumbersome, and the Office of Transformation and Opportunity is working to streamline the process with other agencies and stakeholder engagement. "There are pieces in place that have been there since the program was created that don't have value add," he stated. Sec. McNeil added that DGS is looking at its procurement process to modernize and streamline the process.

Sen. Cris Dush (R-Jefferson) inquired about the Separations Act. Sec. McNeil said the Separations Act is a process that allows for four different types of bids for one project. "It's a heavy coordination effort when you are trying to do a project between four different firms that have bid on that project. It's been somewhat of a challenge to try to make sure a project is delivered on time, on budget, and within scope," he stated. Sec. McNeil noted that he formerly worked for the School District of Philadelphia and indicated he was able to utilize other delivery systems in order to streamline the process. Sen. Dush asked if DGS will work with the General Assembly to reform the Separations Act. Sec. McNeil stated "yes."

Sen. Dush asked how DGS is going to address contractors that fail to complete projects or come back to make corrections if there is an issue. Sec. McNeil said the Bureau of Capital Programs is being revamped with a planning section, design team and construction management team. "I am trying to make sure we are holding contractors accountable and doing a better job with our design reviews," he stated.

Sen. Dush asked what is the statutory and constitutional authority for Pennsylvania to enter into RGGI. Sec. Monson said RGGI was begun by the Wolf Administration and reiterated that the issue is being litigated and could not comment on the issue.

Minority Chairman Vincent Hughes (D-Philadelphia) discussed RCAP and explained that Senate Bill 915 was "extremely popular" with members of the General Assembly. "I'll tell you why people love this program because there's $12.895 billion worth of projects listed in the bill. That's means there's extremely high demand and everyone wanted to have access to it because of the impact it would have on all kinds of projects across Pennsylvania," he stated. Chairman Hughes indicated that there were lawmakers who wanted to reduce RCAP funds but also submitted many projects. "They wanted to reduce the amount available for everybody, but when it's time to make the decision on what projects get funded, they had the longest list. They are no longer a member of the General Assembly, so we won't have to deal with that hypocrisy any longer," he stated.

Sen. Tim Kearney (D-Delaware) noted that he is an architect and said the $100 million proposed in the budget for school construction is a "drop in the bucket" for school district construction needs. He questioned why the administration is not utilizing the School Construction and Facilities (PlanCon) process. Sec. Monson noted that the governor is proposing $500 million over five years but acknowledged that there is a lot of need. "This is going to take time to do. What was really important to us was to show continued investment over time, that is the hallmark of that program. It is a matching fund program so there are state dollars matching local dollars. It gives districts a chance to plan. Everything we proposed carries through the planning years of the budget. This is not just a one-time thing. Thinking about the short-term and long-term fiscal implications, we felt this is the program we want to propose in this way," he stated.

HB 885  RE: E-Contract Law Update (by Rep. Seth Grove, et al)

Amends the Right-to-Know Law, in state contract information, further providing for the submission and retention of contracts. Replaces $5,000 with $10,00 regarding the contract consideration. Makes technical adjustments. Requires the Treasury to provide notice to each agency on or before Jan. 15 and July 14. Requires each agency upon receipt of the notice to attest that all copies of contracts have been submitted and filed. Provides that if the treasury determines that an agency did not submit its attestation it may contact the agency to inform it of the missing attestation and provide a reasonable opportunity for the agency to submit and file its attestation. Allows the Treasury to delay or withhold approval or payment requests associated with the contract form that the agency.

Introduced and referred to House State Government Committee, 4/10/2023

HB 889  RE: Preemption of Local Labor Mandate (by Rep. Seth Grove, et al)

Amends Title 53 (Municipalities Generally), in preemptions, providing municipalities may not in any manner regulate employer policies or practices or enforce any mandate regarding employer policies or practices. Provides the section does not apply to mandates enacted by a municipality affecting an employee or class of employees of the municipality, an ordinance authorized by the Pennsylvania Human Relations Act and the terms and conditions of collective bargaining agreements. Provides nothing in this section shall be construed to invalidate an ordinance, rule or policy enacted by a municipality prior to January 1, 2015. Declares ordinances, rules or policies enacted by a municipality on or after January 1, 2015, in violation of Subsection (a) as void. Further provides for relief, allowing the court to award reasonable expenses to a person adversely affected by a violation of Subsection (a) if specified criteria are met.

Introduced and referred to House Labor and Industry Committee, 4/10/2023

HB 611 RE: General Appropriation Act of 2023 (by Rep. Jordan Harris, et al)

Provides for appropriations from the General Fund for the expenses of the executive, legislative and judicial departments of the commonwealth, the public debt and public schools 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. Effective July 1, 2023, or immediately, whichever is later.

Introduced and referred to House Appropriations Committee, 5/2/2023

HB 623  RE: Capital Budget Act of 2023-2024 (by Rep. Jordan Harris, et al)

Provides for overall limitations on debt to be incurred for capital projects. Provides the maximum principal amount of additional debt to be incurred during the 2023-2024 fiscal year for capital projects shall be capped at $600,000 for building and structure public improvement projects, $10,000,000 for furniture and equipment, $350,000,000 for transportation assistance projects, $375,000,000 for redevelopment assistance projects and $1,335,000,000 for flood control projects. Effective July 1, 2023, or immediately, whichever is later.

Introduced and referred to House Appropriations Committee, 5/2/2023

HB 624 RE: Capital Budget Project Itemization Act of 2023-2024 (by Rep. Jordan Harris, et al)

Provides for the capital budget for fiscal year 2023-2024. Itemizes public improvement projects, furniture and equipment projects, transportation assistance, redevelopment assistance projects, flood control projects and Pennsylvania Fish and Boat Commission (PFBC) projects leased or assisted by the Department of General Services (DGS) and other state agencies, with their estimated costs. Effective immediately.

Introduced and referred to House Appropriations Committee, 5/2/2023

HB 948  RE: Neighborhood Infrastructure Repair Program (by Rep. Morgan Cephas, et al)

provide financial assistance for neighborhood infrastructure projects through matching fund grants, provides for municipality may complete a neighborhood infrastructure project and for eligibility for financial assistance under the neighborhood infrastructure repair program, provides for eligibility; establishes the Municipal Neighborhood Infrastructure Grant Program within the department, directs Department of Community and Economic Development to create an application process for a municipality to be included in the program, provides for the maximum grant award amount to be not more than $5 million and appropriates $100 million to the department for the administration of the program.

Introduced and referred to House Local Government Committee, 4/17/2023

SB 490  RE: FY 2023-24 General Appropriation Act (by Sen. Scott Martin, et al)

Provides appropriations from the general fund for the expenses of certain agencies of the Executive Department for the fiscal year July 1, 2023, to June 30, 2024, and for the payment of bills incurred and remaining unpaid. Appropriates the funds from the general fund to the department and agencies including $25.128 million for the Office of the Budget and $5 million for the Department of Community and Economic Development. Provides that all appropriations of this act that are unexpended, uncommitted or unencumbered as of June 30, 2024, automatically lapse as of that date. Effective immediately or on July 1, 2023, whichever is later.

Introduced and referred to Senate Appropriations Committee, 4/18/2023

NONE

HB 952  RE: Adopting Zero-Emission Standards For Space And Water Heaters (by Rep. Chris Raab, et al)

Amends the Pennsylvania Construction Code Act, in Uniform Construction Code, further providing for the department of Labor and Industry to promulgate zero-emission standards for space and water heaters regulations by June 30, 2026 so that by January 1, 2030, all new space and water heaters for new construction and replacement of worn-out equipment in existing building sold in this commonwealth will be zero-emission standards, provides for consultation with the U.S. Department of Energy, prohibits the department from mandating retrofits in existing buildings, only upon replacement.

Introduced and referred to House Housing and Community Development Committee, 4/17/2023

SB 211  RE: Decommissioning of Solar Energy Facilities (by Sen. Gene Yaw, et al)

Amends Title 27 (Environmental Resources), in environmental protection, providing for decommissioning of solar energy facilities. Adds Chapter 43 entitled "Decommissioning of Solar Energy Facilities." Provides that a solar energy facilitating agreement executed after the effective date shall provide that the grantee is responsible for decommissioning the grantee's solar energy facility on the surface property owner's property in accordance with this chapter no later than 18 months after the facility has ceased producing electricity, except for an instance when the grantee is actively working to recommence production of electricity, including an instance after the occurrence of a force majeure or similar event. Requires a grantee to provide a decommissioning plan and submit proof of financial assurance. Requires deliverance of the decommissioning plan and proof of financial assurance to the county's recorder of deeds. Provides that the Department of Environmental Protection (DEP) must develop a provisional standard form for a decommissioning plan and financial assurance, further providing for contents. Identifies exemptions. The addition of 27 Pa.C.S. 4304 and Section 2 is effective immediately. The remainder is effective in 180 days.

Reported from House Environmental Resources and Energy Committee with request to re-refer to House Consumer Protection/Technology/Utility, and so re-referred, 4/25/2023

SB 550  RE: Community Solar (by Sen. Rosemary Brown, et al)

Amends Title 66 (Public Utilities), providing for community solar facilities. Authorizes a community solar facility to be developed, built, owned or operated by a third-party community solar organization or subscriber administrator and allows the community solar organization to serve as a subscriber administrator or contract with a third party to serve as a subscriber administrator. Provides that a subscriber shall receive a monetary bill credit for every kilowatt hour produced by the subscriber's subscription. Further provides for consumer protection under Chapters 14 (relating to responsible utility customer protection) and 15 (relating to service and facilities) and 52 Pa. Code Ch. 56 (relating to standards and billing practices for residential public utility service). Establishes interconnection standards for community solar facilities. Electric distribution companies shall purchase the credits from a community solar facility at the electric distribution company's wholesale energy cost as approved by the Public Utility Commission (PUC). Instructs PUC to establish regulations to enable participation in community solar programs by each customer class and economic group, further providing for authority. Directs PUC to establish limitations on the location of multiple community solar facilities in close proximity through regulations. Provides for decommission plans, recycling and photovoltaic panel removal. Establishes that an electric distribution company shall file a petition with PUC requesting approval of the company's tariff to provide grid services payment to a community solar facility owner within 90 days of the effective date.

Introduced and referred to Senate Consumer Protection & Prof. Licensure Committee, 4/13/2023

NONE

HB 1090  RE: Property Maintenance Code (by Rep. Alec Ryncavage, et al)

Amends The County Code, in special powers and duties of counties, providing for property maintenance code.

Introduced and referred to House Housing and Community Development Committee, 5/2/2023

SB 671 RE: Sterling Act Reimbursement (by Sen. Frank Farry, et al)

Amends the Local Tax Enabling Act, to establish local taxes in cities of the first class. Provides the council of a city of the first class (Philadelphia) shall not have the authority to levy, assess and collect a tax or provide for the levying, assessment and collection of a tax on a privilege, transaction, subject or occupation, or on personal property, which is or may become subject to a state tax or license fee. Provides the city of the first class may not impose a tax on salaries, wages, commissions or other compensation on a nonresident individual who is employed by an employer whose place of business is located in a city of the first class and performs all employment duties or services outside of the city. Provides if a nonresident performs a portion of the individual's employment duties or services outside of the city of the first class, the city of the first class may only impose a tax on salaries, wages, commissions or other compensation on that portion of salaries, wages, commissions or other compensation attributable to duties performed by the individual within the city of the first class. Provides for duties on the State Treasurer and for reimbursement. Makes related repeals.

Introduced and referred to Senate Finance Committee, reported as committed from Senate Finance Committee, and read first time, 5/1/2023

Read second time, and Rereferred to Senate Appropriations Committee, 5/2/2023

NONE

NONE

HB 840 RE: Stop Habitat Loss (by Rep. Kristine Howard, et al)

Amends the Pennsylvania Construction Code Act, providing for building permits and endangered and threatened species. Inserts definitions for the applicant, endangered or threatened species and proposed construction. Municipalities may not issue a building permit to an applicant unless they are eligible. Applicants shall submit information for a determination of any negative effect on endangered or threatened species. Details fees and processes for appeals and notifications. Appropriates $20,000,000 from the General Fund to entities for recruiting and training necessary staff to administer provisions. Amendments shall take effect immediately; the remainder of the act is effective in 180 days.

Introduced and referred to House Housing and Community Development Committee, 4/4/2023

HB 859  RE: Neighborhood Blight (by Rep. Dan Williams, et al)

Amends Title 53 (Municipalities Generally), in neighborhood blight reclamation and revitalization, further providing for municipal permit denial for failure to abate a serious violation of state law or a code on real property within the municipality that is owned by a limited liability corporation; requires a limited liability corporation to disclose in writing at the submission of an application any delinquencies in real property taxes or municipal charges or for failure to abate a serious violation of state law or a code on any real property within the municipality.

Introduced and referred to House Housing and Community Development Committee, 4/10/2023

HB 865  RE: Debarment (by Rep. Dan Williams, et al)

Amends Title 62 (Procurement), in source selection and contract formation, further providing for debarment or suspension in cases of a demonstrated history of unsatisfactory performance.

Introduced and referred to House State Government Committee, 4/10/2023

HB 943  RE: Debarment (by Rep. Emily Kinkead, et al)

Amends Title 62 (Procurement), in source selection and contract formation, further providing for debarment or suspension. The bill establishes that violation of the Wage Payment and Collection Law is cause for debarment or suspension.

Introduced and referred to House Labor and Industry Committee, 4/17/2023

HB 1061  RE: Proprietary Contracting (by Rep Sheryl Delozier, et al)

Amends Title 62 (Procurement), in contracts for public works, providing for specifications for contracts.

Introduced and referred to House State Government Committee, 4/28/2023

NONE

SB 188  RE: Economically Significant Regulation (by Sen. John DiSanto, et al)

Amends the Regulatory Review Act providing that an economically significant regulation is a regulation that, if promulgated and implemented, may reasonably be expected to result in a direct or indirect cost to the commonwealth, to its political subdivisions and to the private sector in excess of $1 million on an annual basis. Provides that a general permit is a permit issued by the Department of Environmental Protection in accordance with the provisions of the Federal Water Pollution Control Act, Administrative Code of 1929, the Clean Streams Law, the Solid Waste Management Act, and the Municipal Waste Planning, Recycling and Waste Reduction Act. Establishes that estimates of direct and indirect costs to the commonwealth shall be verified by the Independent Fiscal Office prior to the agency submitting them to the Independent Regulatory Review Commission. Provides that except for emergency-certified regulations, if a regulation is an economically significant regulation, the General Assembly adopts a concurrent resolution. Establishes the requirements for the General Assembly to adopt concurrent resolutions.

Read second time, and Rereferred to Senate Appropriations Committee, 4/24/2023

SB 190 RE: Economically Significant Regulation (by Sen. Michele Brooks, et al)

Amends the Regulatory Review Act further providing for definitions and for existing regulations. Adds the definition for "economically significant regulation," and requires the agency to report to the commission the status, impact, and direct and indirect cost of any economically significant regulation in effect for three years.

Read second time, and Rereferred to Senate Appropriations Committee, 4/24/2023

HB 137  RE: Solar for Schools Act (by Rep. Elizabeth Fiedler, et al)

Establishes the Solar for Schools Grant Program; providing for powers and duties of the Department of Community and Economic Development; and making an appropriation. Establishes the Solar for Schools Grant Program in the department, provides for the use of the grants for eligible applicants and provides the powers and duties of the department to include establishing guidelines, developing minimum information to be included in a solar feasibility assessment, providing technical assistance, developing educational materials, providing information relating to the program and entering agreements with third-party providers as necessary to administer the program. Provides for an application and application requirements for schools. Provides for a prevailing wage requirement. Provides grant awards at the department's discretion and outlines the criteria for receiving grants. Outlines the best practices for applicants receiving a grant. Adds guidelines and audit requirements. Appropriates $500 million to the department for the program.

Reported from House Environmental Resources and Energy Committee with request to re-refer to House Consumer Protection/Technology/Utility, and so re-referred, 4/25/2023

NONE

HB 906  RE: Voluntary Registration of Independent Contractors (by Rep. Dawn Keefer, et al)

Amends the Workers' Compensation Act, in liability and compensation, providing for voluntary registration of status as independent contractor.

Introduced and referred to House Labor and Industry Committee, 4/12/2023

HB 555  RE: Association Health Plans (by Rep. Valerie Gaydos, et al)

Amends Title 40 (Insurance), in regulation of insurers and related persons generally, providing for association health plans. Inserts definitions for Affordable Care Act, association, commissioner, covered individual, employee, employer, employer member, ERISA, health care service, health factor, health insurance policy, health insurer and sole proprietor. Associations may not sponsor an association health plan or make the health plan coverage available unless the association meets certain criteria. Association health plans shall be guaranteed issue and renewable, be subject to the Affordable Care Act, comply with all applicable coverage requirements, provide essential health benefits and provide a level of coverage that is designed to provide benefits actuarially equivalent to or greater than 60 percent of the full actuarial value of the policy benefits. Imposes certain requirements on associations and association health plans.

Introduced and referred to House Insurance Committee, 4/24/2023

Senate Intergovernmental Operations
12:30 p.m., Room 8E-A, East Wing

To Consider:

SB 350 (Phillips-Hill) - Act providing for the administration of permits by State agencies, for a tracking system for permit applications, for the establishment of permit programs, for third-party review of permit decision delays and for annual reports; and

SB 633 (Coleman) - Act establishing the Regulatory Sandbox Program, the Regulatory Relief Office and an advisory committee; and providing for their powers and duties.

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