Legislative Action

On January 30, Governor Josh Shapiro visited Pittsburgh International Airport to announce the “Lightning Plan” — a “comprehensive, all-of-the-above energy plan to secure Pennsylvania’s energy future.” Shapiro noted his plan is “supported by labor and industry leaders, environmental advocates, and consumer groups,” and asserted his energy plan will create jobs, lower costs for consumers, protect Pennsylvania from global instability by building next generation power, and position the Commonwealth to continue to be a national energy leader for decades to come.

“Pennsylvania has long been a national energy leader, from Ben Franklin to today, but right now, we’re letting other states outcompete us and we’re losing out on jobs, new investment, and innovation – that has to change,” said Governor Shapiro. “My energy plan will power Pennsylvania forward by incentivizing the building of next generation energy projects in the Commonwealth. We have to meet this moment – and this plan builds on the work my Administration did last year to bring together leaders from the energy industry, organized labor and environmental groups, and consumer advocates to develop a plan for the future. I look forward to working with the General Assembly to get this commonsense plan to my desk so that we can lower costs for consumers, create more jobs, and position the Commonwealth to continue to be a national energy leader for decades to come.”

The Governor said his energy plan will provide funding for new projects through an updated Pennsylvania Economic Development for a Growing Economy (EDGE) manufacturing tax credit, streamline energy project approvals by creating a state energy siting board to cut red tape, and encourage communities to lower utility bills through shared energy resources. Additionally, the plan increases rebates for energy-efficient appliances to help reduce household energy costs. The Lightning Plan will “supercharge energy development in the Commonwealth, positioning Pennsylvania to lead the way in clean, reliable, and affordable energy for years to come.”

Governor Shapiro’s announcement builds on the energy plan unveiled by the Governor last March, which will protect and create nearly 15,000 energy jobs, lowering utility bills for households, and taking real action to address carbon pollution. These initiatives are projected to save Pennsylvania energy customers $664 million by 2040 and generate $11.4 billion in clean, reliable energy investments.

Independent studies confirm that Governor Shapiro’s plan will save Pennsylvanians money on their electricity bills, create energy jobs, and lead to billions in new investment in power plants and energy infrastructure. This year, during his upcoming budget address, the Governor will again call on the General Assembly to pass legislation that propels Pennsylvania forward as an energy leader.

The Lightning Plan: A Bold, All-of-the-Above Energy Plan 

Governor Shapiro’s plan will supercharge energy development in the Commonwealth and help energy projects get built and approved faster than ever before through several strategic initiatives:

• RESET Board: Pennsylvania needs to streamline the process for building energy projects. Currently, Pennsylvania is one of only 12 states without a state entity to handle siting decisions for key energy projects. The Governor is proposing the Pennsylvania Reliable Energy Siting and Electric Transition (RESET) Board to speed up permitting, reduce red tape, and support the next generation of energy projects in the state.

• EDGE Tax Credit: The Pennsylvania Economic Development for a Growing Economy (PA EDGE) Tax Credit Program, established in 2022, hasn’t been used, leaving billions in potential economic development untapped. The Governor’s proposed 2025-26 budget will include key tax credit modifications to revamp the program, including:

•   Reliable Energy Investment Credit: Up to $100 million per facility for three years, focused on adding reliable energy sources to the grid.

•  Regional Clean Hydrogen Tax Credit: Up to $49 million annually for regional hydrogen projects, with lower thresholds to qualify.

•  Sustainable Aviation Fuel: Up to $15 million per year for a taxpayer who makes a $250 million capital investment and creates 400 jobs at a facility to produce sustainable aviation fuel (SAF), like the CNX and KeyState Energy collaboration at Pittsburgh International Airport.

• PACER (Pennsylvania Climate Emissions Reduction Act): PACER would establish a cap-and-invest program to set Pennsylvania’s carbon limit and invest in reducing electricity costs. Under PACER, 70 percent of the revenue generated would be returned to Pennsylvanians as rebates on their electric bills.

• PRESS (Pennsylvania Reliable Energy Sustainability Standard): PRESS would modernize Pennsylvania’s outdated energy standards, incentivizing innovation in nuclear and renewable energy, including battery storage, to remain competitive with other states.

• Lowering Energy Costs for Rural Communities: The Governor’s proposed 2025-26 budget introduces “Community Energy,” a proposal that helps rural communities, farmers, and low-income Pennsylvanians jointly share energy resources to lower costs. For example, farmers could use methane digesters to produce energy for their farms, reducing reliance on utility companies and lowering their energy prices.

• Rebates to Reduce Household Energy Costs: In addition to these initiatives and reimagining the PA EDGE tax credit programs, Pennsylvania must reform Act 129, the law that provides rebates and incentives to buy new energy efficient appliances and other ways to reduce electricity needs over time — which in turn, leads to lower electricity prices. The Governor’s proposal will update these energy efficiency standards for the first time in nearly two decades.

House Speaker Joanna McClinton has set a March 25 date for the special election to fill the vacancy created by the death of Rep. Matt Gergely, D-Allegheny. Gergely died January 19, three weeks after he suffered a "medical emergency” over the holidays leaving the chamber evenly split at 101 Democrats and 101 Republicans. The chamber will operate at 101-101 until a special election is held to fill the seat in the heavily Democratic Pittsburgh-area district. Most of that interim time will be during the legislative break for Budget hearings.

The election for Gergely’s former 35th Legislative District seat will coincide with a special election for the 36th Senate District seat left vacant by Sen. Ryan Aument’s resignation. Aument (R-Lancaster) resigned to serve as state director for newly elected U.S. Sen. Dave McCormick.

Lt. Gov. Austin Davis set the date for a special election in Pennsylvania’s 36^th Senate District for Tuesday, March 25. Aument resigned on Dec. 31, leaving the 36^th District seat vacant. The Lancaster County GOP chose Lancaster County Commissioner Josh Parsons to run in the special election. The Republican nominee will face East Petersburg Mayor James Andrew Malone, a Democrat tapped as the party’s nominee last week. The Libertarian Party also announced last week it nominated Mount Joy resident Zachary Moore, a geographic information systems analyst.

The 36^th Senate District is located in Lancaster County, and it includes Akron Borough, Columbia Borough, Conoy Township, Earl Township, East Donegal Township, East Hempfield Township, East Petersburg Borough, Elizabeth Township, Elizabethtown Borough, Ephrata Borough, Ephrata Township, Lititz Borough, Manheim Borough, Manheim Township, Marietta Borough, Mount Joy Borough, Mount Joy Township, Mountville Borough, New Holland Borough, Penn Township, Rapho Township, Warwick Township, West Donegal Township, West Earl Township and West Hempfield Township.

State Registration Board for Professional Engineers, Land Surveyors and Geologists January 30 Meeting Notes

Agenda: https://www.pa.gov/content/dam/copapwp-pagov/en/dos/department-and-offices/bpoa/engineers/agenda.pdf

The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on January 30, via hybrid meeting format. Following are the highlights.

∙ Board President Joe McNally, PG, presided, and welcomed the members. He had no further report.  

∙ Board member reports: none

∙ Board Prosecution Liaison Ray Michalowski, Esq. reported that there were no cases to be voted this meeting.

∙ Deputy Chief Counsel Carlton Smith, Esq., presented the annual prosecution report. Michalowski pointed out that the Bureau has seen an uptick in seals stolen from others.

∙ Board Counsel Ashley Goshert, Esq., presented three Final Adjudication and Orders (A&Os) for the board to consider, all of which were approved during executive session. She deferred to Marc Farrell for the regulatory report who reported that he is working on a new reg package to address Act 32. He said the new regs should be ready for discussion at the March meeting. Lisa Peterson, PE, discussed the difference between Engineer in Training, versus Engineer Interns, in light of the passage of Act 32.

  Goshert also gave her annual refresher on the Sunshine Act, which outlines Board member conduct.

∙ Acting Commissioner Arion Claggett had no report.

∙ The Board reviewed and approved a number of Examination applications and licensure ratifications. The Board also reviewed correspondence from NCEES regarding Professional Licensure Scholarships. file:///D:/January%202025%20Legislative%20Reports/Correspondence%20from%20NCEES.pdf

∙ Under Public Comment, John Fuhrer, PE, PLS, asked why the names and penalties of cases were not announced. Atty. Goshert noted when the decisions are final, they will be made public. Fuhrer also discussed the revival of scholastic surveying programs.

The next meeting is March 27, 2025, with both in-person and virtual options for attendees, at the new location, 2525 N. 7^th Street, Harrisburg. Public Session begins at 11 AM

HB276 RE: Employee Misclassification Working Group (former HB2412) (by Rep. David M. Delloso, et al)

The Employee Misclassification Working Group Act provides for interagency cooperation regarding employee misclassification; and establishes the Employee Misclassification Working Group to coordinate enforcement strategies involving state agencies and employee misclassification, provides for working group representatives. Allows the Department of Revenue to provide state tax information to the Department of Labor and Industry’s Office of Unemployment Compensation Tax Services, and other offices to assess or investigate employee misclassification. Directs state agency business applications to include and use federal employer identification numbers. Directs the working group to meet at least quarterly.

Referred to House Intergovernmental Affairs and Operations Committee, 1/21/2025

HB362 RE: Authorizing a Pennsylvania Solar for All Program (by Rep. Elizabeth Fiedler, et al)

Amends the Administrative Code, in Energy Development Authority and emergency powers, providing for federal money for Solar for All Program. Requires the authority to administer and distribute money appropriated by the Inflation Reduction Act of 2022 for the Solar for All Program. Mandates the appropriated money to be in accordance with and satisfy the authorization requirements of section 1724-H of the Fiscal Code. Provides what the distribution is subject to. Effective immediately.

Referred to House Energy Committee, 1/29/2025

Discussed during public hearing in House Energy Committee, 2/4/2025

Cosponsor memos filed

HCO887 - Expanding the Use of Mechanical Insulation in Energy Efficiency and Conservation Programs (Former HB491) (by Rep. Regina G. Young)

Prohibits the Pennsylvania Public Utility Commission (PUC) from disapproving an energy efficiency and conservation plan, required by electric distribution companies, due to the inclusion of mechanical insulation.

Cosponsor memo filed, 1/6/2025

HCO1130 - Clean Streams Legislation (Prior HB 551, 2023-24) (by Rep. David H. Zimmerman, et al)

Requires a discharger to notify PA DEP of any unauthorized discharge that may cause a violation of water quality criteria under 25 Pa. Code Ch. 93 or that is reportable under federal requirements.

Cosponsor memo filed, 1/17/2025

HCO1132 - Watershed Storm Water Management Plan Exemption - Municipalities with No Public Water or Sewer System (Prior HB 553, 2031-2024) (by Rep. David H. Zimmerman, et al)

Exempts municipalities that do not have a public water or sewer system, from participating in the watershed storm water management plan.

Cosponsor memo filed, 1/17/2025

HCO1136  - Maintenance of Private Lateral Lines and Municipal Water and Sewer Systems (Rep. Melissa Cerrato, et al)

Authorizes municipalities to use public funds and workers to replace/repair private water or sewer laterals connected to public systems.

Cosponsor memo filed, 1/17/2025

HCO1137  - Amend "Community Water Systems" as defined in PA Safe Drinking Water Act (Prior HB 558, 2023-2024) (by Rep. David H. Zimmerman, et al)

Clarifies that religious institutions are not public water systems when they are relying upon their own privately-own water wells as their water source.

Cosponsor memo filed, 1/17/2025

HB234 RE: Storm Water Management Plans And Facilities, Providing For Fees. (by Rep. Barbara Gleim, et al)

Amends the Second Class Township Code, in storm water management plans and facilities, further providing for fees. Adds that in the case of a normal agricultural operation, best management practices approved by the United States Department of Agriculture Natural Resources Conservation Service of the State Conservation Commission should be considered and provided appropriate exemptions when establishing fees.

Referred to House Environmental and Natural Resource Protection Committee, 1/22/2025

HB235 RE: MS4 Farm Exemption Legislation (Prior HB 2284 & 2285, 2023-2024). (by Rep. Barbara Gleim, et al)

Amends Title 53 (Municipalities Generally), in municipal authorities, further providing for purposes and powers. Adds that every authority may exercise, in the case of a normal agricultural operation, best management practices approved by the United States Department of Agriculture Natural Resources Conservation Service or the State Conservation Commission when determining reasonable and uniform rates. Makes editorial changes.

Referred to House Environmental and Natural Resource Protection Committee, 1/22/2025

HB307 Increasing the Width of Access Aisles for Accessible Parking Spaces

Increases the width of access aisles to 96 inches, a current optional standard for van accessible spaces. New parking lots would be required to have access aisles of 96 inches. For existing parking lots, when a parking lot is being relined or undergoes similar maintenance, then the access aisles would need to be expanded to 96 inches.

Referred to House Housing and Community Development Committee, 1/23/2025

HB327 RE: Stream Maintenance - Former HB 200 (by Rep. Clint Owlett, et al)

Amends the Dam Safety and Encroachments Act, providing for issuance of and conditions for continuous maintenance permits. Adds that the permit shall allow permittees to maintain, inspect and monitor water courses, water obstructions, appurtenant works and encroachments. Outlines the application process and allows for permit amendments through additions by a permittee. Adds that the permit must provide for the maintenance, inspection and monitoring of watercourses, water obstructions, appurtenant works and encroachments consistent with prior plans, specifications, reports and designs. Establishes reporting requirements for the permittee. Adds that permits are in effect for no less than 10 years and outlines the renewal process for an additional 10 years. Defines the term “municipality.”

Referred to House Environmental and Natural Resource Protection Committee, 1/27/2025

HB388 RE: Maintenance of Private Lateral Lines and Municipal Water and Sewer Systems (by Rep. Melissa Cerrato, et al)

Amends Title 53 (Municipalities Generally), adding a chapter to provide for water and sewer projects. Provides definitions. Provides for private sewer lateral and private water lateral projects, detailing replacement or remediation and public money and municipal employees. Provides for prioritization of the use of American-made supplies in such projects and prioritization-related court proceedings.

Referred to House Local  Committee, 1/28/2025

SB158 RE: DEP Permitting Appeals (by Sen. Camera Bartolotta, et al)

Ensures the appellate process for certain categories of permitting decisions made by the Department of Environmental Protection (DEP) are consistent with federal law

Referred to Senate Environmental Resources and Energy Committee, 1/23/2025