Legislative Action

Legislation that creates an Interior Designer certification was signed by Governor Shapiro on October 31st.  The enactment of Senate Bill 1319, now Act 144 of 2024, signals the completion of a decades long effort by the interior design community to become regulated.  While this new law does not create a new licensing board, it does establish a certification procedure under the Architects Licensing Board.  Additionally, Act 144 establishes continuing education requirements for licensed architects similar to that for professional engineers (24 hours every two years).

A bill that updates the elevator code used in Pennsylvania passed both the Senate and House during the month of October.  Senate Bill 1230 aims to address the issue of Pennsylvania having the oldest elevator code in the nation.  Presently, Pennsylvania use American Society of Mechanical Engineers (ASME) code that dates back to 2002.  If enacted, the Commonwealth would jump to the 2016 ASME A17.1 code effective July 1, 2025.  The bill passed unanimously in the Senate and the House by a vote of 137 to 65.  A concurrence vote is expected in the Senat when the legislature returns to voting session on November 13th.  It would then go to the Governor for final approval.

SB211 RE: Bonding of Solar Installations (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.

Removed from table, 10/7/2024 

Read second time, and re-referred to House Appropriations Committee, 10/8/2024 

HB589 RE: Protecting Pennsylvanians from Landslides (by Rep. Emily Kinkead, et al)

An Act establishing the Landslide Insurance Program; establishing and providing for the powers and duties of the landslide insurance board; providing for duties of the Auditor General; imposing a penalty; and making appropriations and transfers. Strikes language to remove references to the Coal and Clay Mine Subsidence Program. Provides General Assembly declarations and several definitions. Adds a chapter relative to the Landslide Insurance Program, providing the program’s goals, authority, funds, expenses, application for insurance increase, automatic inflation protection increase, claims, Auditor General’s audit, claims against fraud, rules and regulations, escrow of premium payments, board report, appropriation, appeals and cost of administration. Provides the sum of $10 million is appropriated to the Landslide Insurance Board for the purposes of this act and expense of organization and administration of the insurance fund as provided under this act for fiscal year July 1, 2024, through June 30, 2025. Effective immediately.

Removed from table, 10/21/2024 

Amended on House floor, 10/22/2024

HB2189 RE: Re-authorization of PA One Call/811 (by Rep. Robert F. Matzie, et al)

Amends the Underground Utility Line Protection Law, further providing for definitions, for duties of facility owners, for duties of One Call System, for duties of designers, for duties of excavators, for duties of project owners, for damage prevention committee and for compliance orders and administrative penalties; providing for action for recovery of penalty or forfeiture; and further providing for expiration. Revises and provides definitions. Removes certain language prohibiting the One Call System from requiring its members to locate lines or facilities installed before the effective date unless they have permitted existing maps of the lines or facilities. Inserts the duty to document communications between the facility owner and the excavator to ensure that the excavator is aware of a facility owner’s inability to locate its facilities. Amends section 3.1(d)(7) to replace an owner or operator or a representative with two owners or operators or representatives of an owner or operator. Adds that it shall be the duty of a designer to submit a design ticket notification through the One Call System when a design drawing is completed, to timely respond to notifications received from excavators, to inform the project owner of their duties and to comply with all requests for information by the commission relating to the commission’s enforcement authority under this act within 30 business days of receipt of the request. Stipulates that a designer will make a reasonable effort to prepare the construction drawings to depict all lines or facilities and quality levels obtained through the subsurface utility engineering process in the planning and design phases. Revises the duties of each excavator who intends to perform excavation or demolition work within this commonwealth, requiring the excavator to submit a report of an alleged violation to the commission through the One Call System not more than 30 business days after striking or damaging a facility owner’s line. Asserts that the excavator shall have the sole duty to submit a locate request. Inserts that provisions in any contract, public or private, which attempt to limit the rights of excavators under the section relative to project owners shall not be valid for any reason, and any attempted waiver of this section shall be void and unenforceable as against public policy and any such attempted waiver shall be reported to the commission's prosecutorial staff for appropriate action. Requires a project owner to submit a report of alleged violation to the commission through the One Call System not more than 30 business days after striking or damaging a facility owner’s line and to comply with all requests for information by the commission relating to the commission’s enforcement authority under this act within 30 business days of receipt of the request. Adds language providing for the establishment of a damage prevention committee, granting the committee certain powers and duties. Stipulates that each annual report must provide relevant metrics to demonstrate how the committee’s actions further the goal of minimizing the occurrence of line hits and enhancing public safety, at a minimum. Makes several editorial changes throughout the act. Outlines administrative penalties for a party violating this act. Inserts that an action for the recovery of any penalty or forfeiture incurred under the provisions of this act or prosecution on account of any matter or thing mentioned in this act may not be maintained unless brought within three years from the date at which the liability arose, except as otherwise provided in this act. Amends section 39 of this act to read that this act shall expire on Dec. 31, 2031. The amendment of section 39 and section 7 is effective immediately. The remainder of this act is effective in 60 days.

Referred to Senate Consumer Protection & Professional Licensure Committee, 10/3/2024 

Reported as amended from Senate Consumer Protection & Professional Licensure Committee, and read first time, 10/7/2024 

Read second time, and re-referred to Senate Appropriations Committee, 10/8/2024 

SB1237 RE: Reauthorization of the PA One Call Law (by Sen. Lisa Baker, et al)

Amends the Underground Utility Line Protection Law, further providing for definitions, for duties of facility owners, for duties of designers, for duties of excavators, for duties of project owners, for damage prevention committee, for compliance orders and for administrative penalties; providing for action for recovery of penalty or forfeiture; and further providing for expiration of act. Provides definitions. Stipulates that a facility owner may not be required to locate lines or facilities installed before April 30, 2018, unless the facility owner has existing maps of the lines or facilities and the facility owner’s existing maps meet the specifications of the One Call System’s Member Mapping Solutions. Specifies that nothing under this clause shall prohibit a facility owner as a member of the One Call System from voluntarily submitting to the One Call System maps or lines or facilities installed before April 30, 2018. Details that facility owners shall make reasonable efforts during the excavation phase to locate and notify excavators of the existence of any known lines and abandoned lines. Provides for a known service line connected to a facility. Provides for the documentation of communications between a facility owner and the excavator. Provides for compliance with all requests for information by the commission. Adds to the duties of each designer preparing a drawing that requires excavation or demolition work within this commonwealth. Adds to the duties of each project owner who engages in excavation or demolition work to be done within this commonwealth. Provides for the members of the damage prevention committee and for committee meetings. Adds to what shall apply to alleged violations. Specifies that the committee shall only have the powers and duties enumerated in subsections (b) and (c) if the committee completes its review of an alleged violation and issues an informal determination within 270 days of the occurrence of the alleged violation, notwithstanding any other provision of this act. Provides who the committee shall submit an annual report containing relevant damage prevention data to, changing the House Consumer Affairs Committee to the House Consumer Protection, Technology and Utilities Committee and stating that the report shall include relevant metrics to demonstrate how the damage prevention committee’s actions advance the goal of minimizing the occurrence of line hits and enhance public safety. Details that a person or entity violating this act must pay an administrative penalty to the commission within 60 days of issuance of the informal determination unless the person who is subject to the informal determination rejects the informal determination within thirty days per section 7.8(c)(2). Directs the committee to assess an additional administrative penalty of $100 per day, not to exceed a total of $5,000, for an administrative penalty not paid within the period specified under paragraph (2). Specifies that a person subject to an informal determination of the committee requiring a damage prevention educational program under section 7.8(b)(4) shall successfully complete the program within 60 days of issuance of the informal determination. Requires the commission to assess an additional administrative penalty of $100 per day, not to exceed a total of $5,000, on a person or entity that fails to comply with this clause. Provides that an action for the recovery of any penalty or forfeiture incurred under the provisions of this act or a prosecution on account of any matter or thing mentioned in this act may not be maintained unless brought within three years from the date at which the liability arose. Asserts that this act shall expire on Dec. 31, 2031. 

Read third time, and passed Senate, 10/1/2024 (48-0)

Referred to House Consumer Protection, Technology & Utilities Committee, 10/2/2024 

Reported as committed from House Consumer Protection, Technology & Utilities Committee, read first time, laid on the table, and removed from table, 10/7/2024 

Amended on House floor, read second time, and re-referred to House Appropriations Committee, 10/8/2024 

Re-reported as committed from House Appropriations Committee, read third time, and passed House, 10/22/2024 (196-6)

Referred to Senate Rules & Executive Nominations Committee, re-reported on concurrence, as committed from Senate Rules & Executive Nominations Committee, and Senate concurred in House amendments, 10/22/2024 

Signed in House and in the Senate, 10/23/2024 

Approved by the Governor, 10/29/2024  Act No. 127 of 2024

SB1319 RE: Continuing Education for Architects and Certified Interior Designers (by Sen. Frank A. Farry, et al)

Amends the Architects Licensure Law, further providing for title of act, for short title, adding the provision of interior design services as a certified interior designer and providing for the certification of interior designers, for declaration of purpose, provides for definitions, for creation of board and appointment and term of members and officers, for organization of board, adding a director’s designee and two members who shall represent the public at large and one member who shall be a certified interior designer, for powers of board, for duties of board, for examination and qualification of applicants, for reciprocal licensing, prohibits an individual from the practice of architecture or use of the title of architect without being issued a license by the board, provides for a biennial renewal of architects and requires a minimum of 24 hours of continuing education in the subject areas of health, safety and welfare and verification of jurisdiction, documentation of successful completion of the continuing education requirement and allows for an individual who is applying for initial licensure to be exempt from continuing education requirements, allows the board to waive all or part of the continuing education requirements issuance and renewal of certificates, for payment and disposition of fees and for seal of architect; providing for architectural firm registration and for architectural firm names; further providing for permitted practices, for existing licenses, for existing rules and regulations and for unauthorized practice prohibited; providing for certification of interior designers, requires an applicant for certification submit evidence satisfactory to the board that the applicant has met the eligibility requirements to take a national certification exam, allows the board to establish a grading procedure, interview an applicant and issue a certificate to an individual who is certified in another state or country where the qualifications are equivalent; further providing for disciplinary proceedings, for penalties and for complaint procedure and hearings; providing for the board to establish expiration on certificates and renewal fees; further providing for the board to promulgate any regulations necessary to implement this act, provides for severability, for repeals and for effective date; and making editorial changes. Changes the section number for the section that asserts this act shall take effect immediately. Effective in 60 days.

Reported as committed from House Professional Licensure Committee, read first time, laid on the table, and Removed from table, 10/9/2024

Read second time, and re-referred to House Appropriations Committee, 10/21/2024 

Re-reported as committed from House Appropriations Committee, 10/22/2024

Read third time, and passed House, 10/23/2024 

Signed in Senate and in the House, and Presented to the Governor, 10/23/2024 

HB1833 RE: Design Build Best Value Procurement (by Rep. Ed Neilson, et al)

Amends Title 74 (Transportation), in transportation infrastructure, providing for design build best value. Revises chapter scope to include projects for the Department of Transportation (PennDOT) and the Pennsylvania Turnpike Commission (PTC). Provides and revises definitions. Provides the general rule that an agency may use the design build best value source selection method for projects and establishes when the design build best value process may be used. Details the steps to request the use of the design build best value process and provides for advertising relative to projects procured. Requires a preproposal after issuing a request for two-step procurement. Details the guidelines for requests for technical and price proposals in a one-step procurement. Provides a statement of qualifications and a short-list process for a responsible offeror to receive a stipend in a two-step procurement. Provides agency guidelines to request proposals from responsible offerors in a two-step procurement. Provides guidelines for the submission and approval of ATCs. Lists guidelines for records of requests for ATCs and the use of intellectual property. Provides for agencies offering stipends in a one-step or two-step procurement. Provides due dates for technical and price proposals and how business will be conducted before or after the set dates. Requires the agency to select the most advantageous responsible offeror for contract negotiations. Provides for incorporation of an unsuccessful offeror’s ATC into the agreement. Requires the request for a proposal to state the validity period. Adds language to provide for evaluation committee. Provides rules for the applicability of the agreement between the agency and contractor to other laws. Provides a list of provisions in the Procurement Code that apply to this chapter and asserts only the provisions listed shall apply. Provides rules and exceptions for limiting the powers of an agency in existing contracts. Effective immediately.

Reported as amended from Senate Transportation Committee, and read first time, 10/9/2024

Read second time, and re-committed to Senate Transportation Committee, 10/21/2024