Senate Passes Temporary “Stopgap” Measures, House Advances Them As Well, Despite Threat of Veto From Wolf; Wolfs Carries Through with Threat
As the budget “impasse” wears on, Republicans in the Senate made the next move in the dance this month, by introducing and passing a partial budget bill, SB 1000 , which they said would fund numerous essential line items for a period four months, retroactive to July 1, the beginning of the fiscal year. In only three days, the Senate took the bill from introduction to final passage, sending it over to the House, where that chamber promptly set about passing it as well, despite threats from Gov. Wolf to again veto the “half a loaf” effort. Wolf, along with House and Senate Democrats, decried the maneuver as another “gimmick” designed to win public opinion points, while avoiding dealing with the full budget. Republicans countered that these programs are essential to providing services, and drawing down federal money, while the debate among the budget negotiators continues. The Senate passed the bill, and a companion Fiscal Code bill, SB 1001, on September 18, both by straight party-line, 30-19 votes. The House gaveled in to session the following week, and kept the bills moving, again without any Democrat support. The House passed the bills on September 24, and the Governor promptly vetoed them on September 29. The next move is expected to be a vote in the House on a modified version of the Governor’s tax proposal, which he maintains he has the votes to pass. That vote is expected on October 7, probably as an amendment to an existing bill. The Governor has been meeting with both Republican and Democrat House members to try to sell his plan. What happens if this vote is unsuccessful remains to be seen.
Legislative Activity
The General Assembly acted on the following bills of interest to PSPE in the past month.
BIDDING / CONTRACTING
SB 1004 RE: Diversity in Contracting (by Sen. Anthony Williams, et al)
Amends the Capital Facilities Debt Enabling Act, in capital facilities, by requiring contracts for projects located in a county of the first class (Philadelphia) to prohibit applicants from employing an individual whose primary address is not located in a county of the first class, and a statement including the projected amount of people of color who will be employed by the applicant for the project.
Introduced and referred to Senate Appropriations Committee, 9/16/2015
BUDGET RELATED BILLS
HB 928 RE: Capital Facilities Debt Enabling Act (by Rep. Steven Mentzer, et al)
Amends the Capital Facilities Debt Enabling Act, in capital facilities, further providing for appropriation for and limitation on redevelopment assistance capital projects by adding that beginning July 1, 2018, and each July 1 thereafter until the sum of the outstanding obligations for redevelopment assistance capital projects equals $2,950,000,000, the sum of the maximum amount of outstanding obligations for redevelopment assistance projects shall be decreased by $50,000,000.
Reported as committed from House Rules Committee, and laid on the table, 9/21/2015
HB 930 RE: RACP Debt Ceiling (by Rep. Tarah Toohil, et al)
Amends the Capital Facilities Debt Enabling Act reducing the Redevelopment Assistance Capital Projects (RACP) Debt ceiling by $475 million. Adds language providing that the maximum amount of additional public improvement projects released for funding by the Commonwealth in a fiscal year shall not exceed $350 million and the maximum amount of additional redevelopment assistance capital projects released for funding by the Commonwealth in a fiscal year shall not exceed $125 million. Also provides for carry-forward.
Reported as committed from House Rules Committee, and laid on the table, 9/21/2015
HB 1460 RE: General Appropriation Act of 2015 (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, 2015, to June 30, 2016, for certain institutions and organizations, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2015; to provide appropriations from the State Lottery Fund, the Tobacco Settlement Fund, the Aviation Restricted Account, the Hazardous Material Response Fund, The State Stores Fund, the Milk Marketing Fund, the Home Investment Trust Fund, the Emergency Medical Services Operating Fund, the Tuition Account Guaranteed Savings Program Fund, the Banking Fund, the Firearm Records Check Fund, the Ben Franklin Technology Development Authority Fund, the Oil and Gas Lease Fund, the Home Improvement Account, the Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund, the Insurance Regulation and Oversight Fund and the Pennsylvania Racehorse Development Restricted Receipt Account, to the Executive Department; to provide appropriations from the Judicial Computer System Augmentation Account to the Judicial Department for the fiscal year July 1, 2015, to June 30, 2016; to provide appropriations from the Motor License Fund for the fiscal year July 1, 2015, to June 30, 2016, for the proper operation of several departments of the Commonwealth and the Pennsylvania State Police authorized to spend Motor License Fund moneys; to provide for the appropriation of Federal funds to the Executive Department of the Commonwealth and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2015. These are the same budget numbers that the Governor vetoed in HB 1192 in June.
Reported as committed from House Rules Committee, and laid on the table, 9/21/2015
HB 1535 RE: Blight Demolition Bond Issuance Program (By Rep. Nick Kotik, et al)
Amends Title 64 (Public Authorities and Quasi-Public Corporations) authorizing a bond issuance of $500 million through the Commonwealth Financing Agency for the establishment of the Blight Demolition Bond Issuance Program to provide grants on a competitive basis and funded by the issuance of bonds, to combat the problem of neighborhood blight by demolishing blighted properties. Provides for the application for grants; review and approval of applications; awards of grants; limitations; and definitions.
Introduced and referred to House Commerce Committee, 9/8/2015
HB 1536 RE: Shale Gas Tax (by Rep. Scott Petri, et al)
Amends the Tax Reform Code providing for an unconventional natural gas severance tax of five percent on the market value of natural gas. Further provides for the Unconventional Natural Gas Severance Tax Fund and distribution of the fund. Establishes the Unconventional Gas Well Employment Tax Credit. Also provides for the duties of the Department of Environmental Protection and the Public Utility Commission. Effective immediately.
Introduced and referred to House Environmental Resources and Energy Committee, 9/4/2015
SB 1000 RE: “Stopgap” Budget (by Sen. Pat Browne, et al)
Based on the previously vetoed HB1192, serves as a stopgap budget and generally provides four months of support to Commonwealth agencies with the following exceptions: • provides 100°/o of federal funds • provides 100°/o of special funds • provides 100°/o of General Fund debt service appropriations • provides $2.8 million in General Funds, as provided in HB 1192, for avian influenza preparedness • provides 100°/o of the General Fund appropriation for Regional Event Security • provides 50°/o of General Fund appropriations for the Pennsylvania Higher Education Assistance Agency • provides about 50°/o of the full-year allocation for the Commonwealth’s County Child Welfare appropriation.
Introduced and referred to Senate Appropriations Committee, 9/15/2015
Reported as committed from Senate Appropriations Committee, and read first time, 9/16/2015
Read second time, 9/17/2015
Read third time, and passed Senate, 9/18/2015 (30-19)
Received in the House and referred to House Appropriations Committee, 9/18/2015
Reported as committed from House Appropriations Committee, read first time, laid on the table and Removed from the table, 9/21/2015
Read second time, and Rereferred to House Appropriations Committee, 9/22/2015
Reported as committed from House Appropriations Committee, read third time, and passed House, 9/24/2015 (117-83)
Signed in the House, 9/24/2015
Signed in the Senate, 9/28/2015
Vetoed by the Governor, 9/29/2015
Bill, together with Governor’s Veto Message, laid on table, 9/29/2015
SB 1001 RE: Fiscal Code Related to Stopgap Budget
Amends The Fiscal Code, in special funds, further providing for funding, for State Workers’ Insurance Board and for expiration; in the Tobacco Settlement Fund, further providing for use; in the Pennsylvania Race Horse Development Fund, further providing for distribution; in general budget implementation, further providing for the Department of Community and Economic Development and for the Pennsylvania State Police; providing for 2015-2016 budget implementation and for 2015-2016 restrictions on appropriations for funds and accounts; and making related repeals.
Introduced and referred to Senate Appropriations Committee, 9/15/2015
Reported as committed from Senate Appropriations Committee, and read first time, 9/16/2015
Read second time, 9/17/2015
Read third time, and passed Senate, 9/18/2015 (30-19)
Received in the House and referred to House Appropriations Committee, 9/18/2015
Reported as committed from House Appropriations Committee, read first time, laid on the table and Removed from the table, 9/21/2015
Read second time, and Rereferred to House Appropriations Committee, 9/22/2015
Reported as committed from House Appropriations Committee, read third time, and passed House, 9/24/2015 (113-86)
Signed in the House, 9/24/2015
Signed in the Senate, 9/28/2015
Vetoed by the Governor, 9/29/2015
Bill, together with Governor’s Veto Message, laid on table, 9/29/2015
ENVIRONMENTAL BUILDING STANDARDS: NONE
LOCAL/STATE GOVERNMENT/REGULATIONS
HB 904 RE: Uniform Construction Code Application (by Rep. Mauree Gingrich, et al)
Amends the First Class Township Code adding a new article providing the Uniform Construction Code shall apply to the construction, alteration, repair and occupancy of all buildings and structures within a first class township. Allows the township commissioners to enact an ordinance to equal or exceed the minimum requirements of the Uniform Construction Code. Further provides that notwithstanding the primacy of the Uniform Construction Code, the commissioners may enact a property maintenance ordinance and may incorporated a standard or nationally recognized property maintenance code, or a variation or change or part of the code, published and printed in book form without incorporating the text of the code in the ordinance. Also allows the commissioners to enact a standard or nationally recognized property maintenance code or a change or variation or part as the ordinance. Further provides for appointment of property maintenance inspectors; legal actions; and reserved powers.
Reported as committed from Senate Local Government Committee, and read first time, 9/30/2015
HB 1543 RE: UCC Manuals and Training (by Rep. David Maloney, et al)
Amends the Pennsylvania Construction Code Act, in Uniform Construction Code, further providing for revised or successor codes; and, in training and certification of inspectors, further providing for education and training programs. The bill adds that the department may contract with the ICC to establish and publish code manuals that contain the standards of the Uniform Construction Code. The department shall require in any such contract that the standards be made available on the department’s website.
Introduced and referred to House Labor and Industry Committee, 9/29/2015
HB 1555 RE: Approval of Plats (by Rep. Dan Truitt, et al)
Amends the Municipalities Planning Code adding language to section 508 relating to approval of plats. No plat may be finally approved unless the plat contains a notice from the design consultant stating that the consultant has been properly compensated for the creation of the development plan and the provisions of the plan have been released for use by the municipality and any applicable regulatory agency.
Introduced and referred to House Local Government Committee, 9/29/2015
SB 992 RE: Local Water Resources Authority (By Sen. Andrew Dinniman, et al)
Amends the Water Rights Law defining “local water resources authority” and adding that the board has the duty to give due consideration of the potential impact of the withdrawal of water from a naturally occurring aquifer on private water supplies under a proposed permit; provide notification within forty-eight hours of the granting of certain permits; and give deference to an evaluation on the potential adverse impact of proposed water withdrawal and to give the right of first refusal for conducting tests to evaluate the potential adverse impact of the proposed water withdrawal. A private entity that as a result of water withdrawal from a naturally occurring aquifer for the purpose of resale causes an existing water well located within the boundaries of the naturally occurring aquifer to become dry shall be responsible for establishing a new water well.
Introduced and referred to Senate Environmental Resources and Energy Committee, 9/21/2015
SB 993 RE: Delaware River Water Withdrawals and Diversions (by Sen. Andrew Dinniman, et al)
Amends the Delaware River Basin Compact, in short title, definitions, purpose and limitations, defining “local water resources authority”; and, in regulation of withdrawals and diversions, further providing for standards by requiring due consideration of the potential impact of the withdrawal of water from a naturally occurring aquifer under a proposed permit shall be conducted, notification within 48 hours of the granting of a water withdrawal permit, deference to an evaluation on the potential adverse impact of proposed water withdrawal under a proposed permit, and the right of first refusal for conducting tests to evaluate the potential adverse impact of the proposed water withdrawal. A private entity that as a result of water withdrawal from a naturally occurring aquifer for purpose of resale causes an existing water well located within the boundaries of the naturally occurring aquifer to become dry shall be responsible for establishing a new water well.
Introduced and referred to Senate Environmental Resources and Energy Committee, 9/21/2015
SB 994 RE: Susquehanna River Basin Water Withdrawals and Diversions (by Sen. Andrew Dinniman, et al)
Amends the Susquehanna River Basin Compact Law defining “local water resources authority” and requiring due consideration of the potential impact of the withdrawal of water from a naturally occurring aquifer on private water supplies under a proposed permit; provide notification within forty-eight hours of the granting of certain permits; and give deference to an evaluation on the potential adverse impact of proposed water withdrawal and to give the right of first refusal for conducting tests to evaluate the potential adverse impact of the proposed water withdrawal. A private entity that as a result of water withdrawal from a naturally occurring aquifer for the purpose of resale causes an existing water well located within the boundaries of the naturally occurring aquifer to become dry shall be responsible for establishing a new water well.
Introduced and referred to Senate Environmental Resources and Energy Committee, 9/21/2015
LIABILITY: NONE
LICENSURE: NONE
LOCAL/PROPERTY TAX REFORM
HB 1256 RE: Occupation Tax (by Rep. Kurt Masser, et al)
Amends the Local Tax Enabling Act adding language providing the maximum income tax rate for a school district that levied an occupation tax for the fiscal year ending in 2015 and a municipality that levied an occupation tax for the calendar year ending December 31, 2014, shall be determined by taking the sum of the rates calculated under the legislation. Further provides the determined tax rate shall be rounded off to the nearest increment of 0.1 percent.
Reported as committed from Senate Finance Committee, and read first time, 9/29/2015
MANDATE WAIVERS
HB 1119 RE: Mandate Waivers (by Rep. Kristin Hill, et al)
Amends the Public School Code to allow public schools to apply for waivers of certain delineated statutory mandates, provided conditions are met. Provides for a five-year report and renewal cycle. Also allows fulfillment of certain legal notice requirements by publishing on a publicly accessible website.
Reported as committed from House Rules Committee and laid on the table, 9/21/2015
MECHANIC’S LIEN: NONE
ORGANIZATIONAL STATUS: NONE
SCHOOL CONSTRUCTION: NONE
TRANSPORTATION: NONE
WORKER’S COMP: NONE
Copies of all bills of interest can be accessed here.