Governor’s Office Announces Regulatory Agenda
Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. Subsequent agendas will be published on the first Saturdays in February and July. 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 following list of upcoming regulations of interest to PSPE was published in the July 19, 2014 PA Bulletin.
| Regulation Being Considered | Proposed Date of Promulgation | Need and Legal Basis for Action | Agency Contact |
| Qualifications for Licensure 49 Pa. Code Chapter 37 (16A-4711) |
Summer 2014, as Final. | The regulation implements Act 25 of 2010, to provide for the certification of geologists-in-training, and to update the board’s regulations concerning the licensure process for engineers and land surveyors. Statutory Authority: Section 4(l) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151(l). | State Registration Board for Professional Engineers, Land Surveyors and Geologists —Robin Shearer (717) 783-7049 |
| Electronic Seals and Signing 49 Pa. Code Chapter 37 (16A-4712) |
Summer 2014, as Proposed. | This proposed rulemaking will implement rules on electronic seals and signing. Statutory Authority: Sections 4(l) and 7 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. §§ 151.4(l) and 151.7. | Robin Shearer (717) 783-7049 |
| Renewal Fees 49 Pa. Code § 37.17 (16A-4713) |
Summer 2014, as Proposed. | This proposed rulemaking will implement rules on electronic seals and signing. Statutory Authority: Sections 4(l) and 7 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. §§ 151.4(l) and 151.7. | Robin Shearer (717) 783-7049 |
Legislative Activity
The following bills of interest to PSPE have been introduced and acted upon in the past month.
BIDDING / CONTRACTING
HB 201 RE: Evaluation of Competitive Sealed Proposals (by Rep. George Dunbar, et al)
Amends Title 62 (Procurement) regarding the evaluation of competitive sealed proposals by providing no individual who has been employed by an offeror within the last two years may participate in the evaluation of proposals. The legislation also provides for Iran-Free Procurement by disallowing the procurement from any company having a relationship with the country of Iran. The amendment of 62.Pa.C.S. Ch 35 shall take effect July 1, 2015, or immediately, whichever is later; and the remainder of the act shall take effect immediately.
Rereferred to Senate Appropriations Committee, 7/8/2014
SB 1189 RE: Contractor Bonds (by Sen. John Eichelberger, et al)
Amends the Public Works Contractors’ Bond Law further providing for duty of prime contractor to provide financial security in certain contracts involving public works and public improvements by requiring a contractor to furnish performance bond, payment bond, irrevocable letters of credit, or escrow account.
Laid on the table, 7/8/2014
BUDGET RELATED BILLS
HB 278 RE: Fiscal Code (by Rep. Matt Baker, et al)
Amends the Fiscal Code providing in Treasury Department, further providing for investment of moneys; in disposition of abandoned and unclaimed property, further providing for definitions, for property held by financial institutions, for property held by insurers, for property held by utilities, for property held by business associations, for property held by fiduciaries, for property held by courts and public officers and agencies, for miscellaneous property held for or owing to another and for report of property subject to custody and control of the Commonwealth, providing for certificate of finder registration, for revocation of finder registration and for appeals, further providing for examination of records, for proceeding to compel reporting or delivery and for penalties, and providing for relation to Electronic Signatures in Global and National Commerce Act; in inquisitorial powers of fiscal officers, further providing for examination and adjustment of public accounts and the collection of amounts due the Commonwealth; in oil and gas wells, providing for legislative findings and further providing for appropriation, for the Department of Conservation and Natural Resources and for additional transfers; in special funds, further providing for funding, establishing the H2O PA Account, and providing for other grants; in additional special funds, further providing for use of fund, providing for termination, for transfer to Public School Employees’ Retirement System, and further providing for distributions from Pennsylvania Race Horse Development Fund; in general budget implementation, further providing for State Civil Service Commission; providing for the Environmental Quality Board, for surcharges and for other agencies; providing for rural regional college for underserved counties, for 2014-2015 budget implementation and for 2014-2015 restrictions on appropriations for funds and accounts; and making related repeals. The amendment of section 301.1 (i)(2) providing for the extension of the State Treasurer’s prudent person investment authority effect in 60 days. The amendments of sections relating to report of property subject to custody and control of the Commonwealth; certificate of finder registration; revocation of finder registration and penalties shall take effect in 180 days. The repeal of sections 304 and 305 of the Tobacco Settlement Act shall take effect January 1, 2015. The remaining sections are effective immediately.
Approved with Governor’s line item veto, 7/10/2014
HB 2244 RE: Highway-Railroad and Highway Bridge Capital Budget (by Rep. Nick Micozzie, et al)
Supplement to the Highway-Railroad and Highway Bridge Capital Budget Act for 1982-1983, itemizing additional State and local bridge projects.
Approved by the Governor, 7/10/2014 (Act 127 of 2014)
HB 2328 RE: General Appropriation Act of 2014 (By Rep. Bill Adolph, et al)
Provides from the General Fund for the expenses of the Executive and Judicial Departments, the State Government Support Agencies and the General Assembly of the Commonwealth, the public debt and the public schools for the fiscal year July 1, 2014, to June 30, 2015.
Approved with Governor’s line item veto, 7/10/2014
HB 2355 RE: Capital Budget Act of 2014-2015 (by Rep. Bill Adolph, et al)
Provides for the capital budget for the fiscal year 2014-2015, totaling $1,295,000,000; itemizing redevelopment assistance capital projects to be constructed or acquired or assisted by the Department of Community and Economic Development, 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 Community and Economic Development; and making appropriations.
Approved by the Governor, 7/10/2014 (Act 128 of 2014)
HB 2425 RE: School Property Tax Reduction and Local Options Act (by Rep. Dave Reed, et al)
Provides for an additional personal income tax and an additional sales and use tax; provides for funding distribution to school districts; imposes limitations on the earned income tax rate; authorizes certain increases on the earned income tax rate; and prohibits and limits real property tax in certain school districts.
Introduced and referred to House Finance Committee, 7/23/2014
SB 1384 RE: Highway Capital Budget Project Itemization Act of 2014-2015 (by Sen. John Gordner, et al)
Provides for the highway capital budget project itemization for the fiscal year 2014-2015 to be financed from current revenue or by the incurring of debt of $19,154,285,000.
Approved by the Governor, 7/10/2014 (Act 129 of 2014)
ENVIRONMENTAL BUILDING STANDARDS
SB 1255 RE: Storm Water Management (by Sen. Ted Erickson, et al)
Amends Title 53 (Municipalities Generally), in municipal authorities, authorizing storm water authorities to establish programs that would allow property owners to reduce their storm water rates and charges by implementing and maintaining storm water best management practices that address their own contributions to the problems caused by storm water runoff.
Approved by the Governor, 7/9/2014 (Act 123 of 2014)
LOCAL/STATE GOVERNMENT/REGULATIONS
SB 1096 RE: Eminent Domain Fees (by Sen. Don White, et al)
Amends Title 26 (Eminent Domain) further providing for limited reimbursement of appraisal, attorney and engineering fees by adding that the limit of $4,000 shall be per property, regardless of right title or interest, except where the taking is for an easement related to underground piping for water or sewer infrastructure, in which case the reimbursement is limited to $1,000, regardless of right, title or interest.
Approved by the Governor, 7/9/2014 (Act 120 of 2014)
LIABILITY
No activity this month.
MANDATE WAIVERS
No activity this month.
MECHANIC’S LIEN
No activity this month.
HB 473 RE: Notice By Subcontractor (by Rep. Tom Killion, et al)
Amends the Mechanics’ Lien Law further providing for formal notice by subcontractor to the prothonotary of the Court of Common Pleas of the relevant jurisdiction as condition precedent to beginning construction. Notice must be given within 15 days of commencement of the construction. Form of the notice is provided for and a model notice given. A petition for a claim from a lien for a construction project must be filed within four months after completion of the work. Requires the Department of General Services to establish and maintain the database. Further, it provides that a searchable project means a commercial construction project costing a minimum of $1,500,000, makes Notices of Commencement filing by owners a mandatory requirement.
Laid on the table in Senate, 7/8/2014
MINIMUM WAGE
No activity this month.
LICENSURE
No activity this month.
PREVAILING WAGE
No activity this month.
LOCAL/PROPERTY TAX REFORM
No activity this month.
TRANSPORTATION
No activity this month.
Upcoming meetings of Interest
2014 HOUSE SESSION SCHEDULE
August 4
2014 FALL SENATE SESSION SCHEDULE
September 15, 16, 22, 23, 24
October 6, 7, 8, 14, 15
November 12
2014 FALL HOUSE SESSION SCHEDULE
September 15, 16, 17, 22, 23, 24
October 6, 7, 8, 14, 15
November 12
Copies of all bills of interest can be accessed here.
