A bill co-sponsored by state Reps. Martin Causer and Pam Snyder that would result in greater broadband access in underserved areas of Pennsylvania overwhelmingly passed the House and Senate, and was signed into law this month. House Bill 2071 creates the Pennsylvania Broadband Development Authority, the first official broadband entity in state history. The Broadband Development Authority will consist of an 11-member governing authority board, charged with creating a statewide broadband plan and distributing grant money for broadband expansion projects in underserved areas of the commonwealth.

“Pennsylvania is expected to receive $100 million dollars through a broadband access program created by the recently passed federal infrastructure bill, with the opportunity to receive additional funding,” Snyder said. “This bill would establish a state office to serve as a clearinghouse for broadband resources to ensure that all communities get the improved service they need.”

The bill also sets minimum broadband speeds that match federal speeds, creates requirements that preserve local input and control on broadband plans and deployment, and expands eligible grant applicants so that more organizations and entities have access to funds, among other provisions.

“For too long, businesses and residents in rural areas have been struggling to access fast internet speeds. In today’s world where so much can be done online, including learning, ‘visiting’ your doctor, paying bills, and accessing news and entertainment, equal access to broadband is more important than ever,” Snyder said. “Passing this bill will help us close the digital divide, ensure all communities have access to affordable broadband, and give Pennsylvanians a greater chance at succeeding in the future.”

Gov. Wolf signed House Bill 2071 on December 22. It is now Act 96 of 2021.

Legislation to continue the ability of the state’s 29 licensing Boards to continue to meet remotely, or in “hybrid” fashion, regardless of statutory requirements of in-person meetings contained in many licensing laws, has passed both Chambers and been signed by Governor Tom Wolf. SB 869, sponsored by Senate Consumer Protection and Professional Licensure Committee Chair Tommy Tomlinson (R-Bucks), became law on December 13, and is now Act 100 of 2021. This legislation requires each licensing board and commission to use a virtual platform to conduct business when a public meeting is held. When using a virtual platform, the licensing board or commission does not need to meet any location requirements of their practice act and can use the virtual platform to establish a quorum to effectuate business if the platform allows for live participation. The bill also provides that the licensing boards must establish rules/regs for acceptance of virtual continuing education credits for license renewal, and for virtual supervision, in keeping with the statutory and regulatory requirements of the practice act.

The Independent Regulatory Review Commission deemed approved the following: Reg. No. 16A-4715, The State Registration Board for Professional Engineers, Land Surveyors and Geologists: Licensure by Endorsement

Regulatory Analyst Scott Schalles noted the act requires the department to adopt the accessibility provisions of the most recent International Code Council codes. He added a public comment from the Pennsylvania Builders Association had no decision on the regulation and that House Labor and Industry Committee Chairman Jim Cox (R-Berks) expressed his desire to work with the department to amend the Uniform Construction Code (UCC) and is not opposed to the rulemaking. Both Labor and Industry Committees of the Senate and House deemed the regulation approved.

Robert Schramm, deputy chief counsel, Department of Labor and Industry, detailed UCC covers the specifications for construction within the commonwealth. He explained the International Building Code (IBC) of 2021 should be adopted within the state. He addressed Chairman Cox's letter by noting the department adopts new IBC regulations. He asked the commission to approve the regulation to improve buildings and access across the state.

Commissioner Watson commended the testifier for discussing a legal case regarding the building codes and noted the importance of contractors following the most recent building codes.

Chairman Bedwick expressed his understanding regarding the requirements for the state to follow new building codes but conceded Chairman Cox raised a serious issue. He elaborated some parties could object to the regulation and urged Schramm to collaborate with Chairman Cox for a good outcome.

The State Registration Board for Professional Engineers, Land Surveyors and Geologists has published its approved regulation with regard to licensure by endorsement in the PA Bulletin. The reg amends the section regarding endorsement, to comply with Act 41 of 2019, which required all state licensing boards to amend their regs similarly in this regard.

The amendments are effective upon final-form publication in the Pennsylvania Bulletin, which appear in the January 1, 2022 Bulletin:

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-1/12.html

L&I published updated accessibility regs in the December 25 PA Bulletin. The purpose of this final-omitted rulemaking is to adopt recognized international standards for accessible and usable buildings and structures, as directed by the act. The current accessibility regulations implemented the accessibility standards found in the 2021 ICC codes. This final-omitted rulemaking implements current state of the art accessibility standards and conforms to standards issued by the United States Department of Justice under the Americans with Disabilities Act (Pub.L. No. 101-336). Adopting Chapter 11 and Appendix E of the 2021 International Building Code (IBC) for new construction along with the accessibility provisions contained in the 2021 International Existing Building Code (IEBC), the 2021 International Plumbing Code (IPC) and the 2021 International Swimming Pool and Spa Code (ISPSC) will allow the Department to comply with the directive of the act to update accessibility requirements in the UCC with successor codes.

IRRC approved the regulation at its December 9 meeting.

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol51/51-52/2148.html

SB 291  Capital Budget Act of 2021-2022 (by Sen. Vincent Hughes, et al)

Provides for the capital budget for the fiscal year 2021-2022 and for limitation on redevelopment assistance capital projects; and making a related repeal. Appropriates the following amounts: building and structures ($550,000,000), furniture and equipment ($10,000,000), transportation assistance projects ($175,000,000), redevelopment assistance projects ($1,275,000,000), and flood control projects ($0). Further provides the maximum amount of redevelopment assistance capital projects undertaken by the commonwealth for which obligations are outstanding shall not exceed, in aggregate, $4,050,000,000. Repeals section 2.1 of the Capital Budget Act of 2019-2020. Effective July 1, 2021, or immediately, whichever is later.

Reported as amended from Senate Appropriations Committee, 12/13/2021
Read third time, and passed Senate, 12/15/2021 (50-0)
Received in the House and referred to House Appropriations Committee, 12/20/2021

SB 706  Max Manufacturing Initiative Act (by Sen. Devlin Robinson, et al)

Provides for business partnerships with state-related institutions and advanced manufacturing facilities; establishes the Max Manufacturing Initiative Fund for the Department of Community and Economic Development (DCED) to issue grants to applicants engaging in advanced manufacturing and the Max Manufacturing Endeavor Loan Fund for grants for specialized equipment, infrastructure and integrated systems for use by university and private entities, public-private partnerships, contracting authorities, and nonprofit organizations conducting advanced manufacturing; and imposes powers and duties on DCED. Provides reporting requirements and public access of records.

Read third time, and passed Senate, 12/13/2021 (44-5)
Received in the House and referred to House Commerce Committee, 12/15/2021

SB 915  Capital Budget Project Itemization Act of 2021-2022 (by Sen. Pat Browne, et al)

Provides for the budget for fiscal year 2021-2022; itemizes public improvement projects, furniture and equipment projects, transportation assistance, redevelopment assistance projects, flood control projects, and provides appropriations. This act outlines the projects included in the budget and their allocation for the fiscal year organized by department and county. Effective immediately.

Reported as amended from House Appropriations Committee, read first time, and laid on the table, 12/13/21

SB 968  RE: COVID-19 Vaccination Exemption Act (by Sen. Doug Mastriano, et al)

Provides an employer that requires or mandates the COVID-19 vaccination shall establish an exemption process. The exemption process shall allow an employee to provide a molecular diagnostic test every two weeks showing the employee is not infected or a proof of immunity, such as the existence of antibodies, and the proof shall be certified every three months. Provides an employee may choose the vaccination process required by the employer and that an employee may provide outside test results. Allows an employer to provide additional exemptions, prohibits an employee from termination for failure to comply, and allows an employee to bring a claim against an employer. Establishes violations of the act and that those unemployed by a violation shall be compensated. The act expires July 31, 2023. Effective immediately.

Introduced and referred to Senate Labor and Industry Committee, 12/21/2021

HB 1842  RE: Clean Streams Legislation (by Rep. David Zimmerman, et al)

Amends the Clean Streams Law adding a new section providing for notice of discharge endangering public health or environment. Requires a person who spills, discharges or releases a substance into the waters of the commonwealth, or on a location from which the substance is likely to enter the waters of the commonwealth, taking into account any control and remedial measures, to notify the Department of Environmental Protection if the spill, discharge or release is not authorized by a permit from the department and is likely to render the receiving waters harmful to public health or the environment. Requires the Environmental Quality Board, no later than 180 days of the effective date of the legislation, to publish for public comment proposed regulations establishing reportable quantities or other readily ascertainable standards by which a person may determine whether a spill, discharge or release is likely to render the receiving water harmful to public health or the environment. Also requires the board, no later than 365 days after the effective date, to promulgate final regulations establishing reportable quantities or other readily ascertainable standards by which a person may determine whether a spill, discharge or release is likely to render the receiving water harmful to public health or the environment.

Read second time, and rereferred to House Appropriations Committee, 12/13/2021
Reported as committed from House Appropriations Committee, read third time, and passed House, 12/14/2021(108-95)
Received in the Senate and referred to Senate Environmental Resources and Energy Committee, 12/15/2021

HB 2128  RE: Endangered Species (by Rep. Kristine Howard, et al)

Amends the Pennsylvania Construction Code Act, providing for building permits and endangered and threatened species. Provides list of required information to be submitted to a municipality for an applicant to receive a building permit from the municipality, including contact information for both the applicant and building and the location of the building, and a specific information form or plan with engineering comments if required. Provides for the information to be submitted to the Pennsylvania Fish and Boat Commission, Game Commission, and Department of Conservation and Natural Resources. Provides for the agencies, withing 90 days of the information's submittal, to cooperatively determine if the building entity will have a negative environmental impact. The applicant may be required to resubmit the information report or pay application fees and will receive notice of the agencies' decision, which may be appealed by the applicant. $20,000,000 is appropriated from the General Fund to the agencies for staffing purposes. Section 609 is effective immediately; the remainder of the act is effective in 180 days.

Introduced and referred to House Labor and Industry Committee, 12/2/2021

SB 284  RE: Alternative Energy Projects (by Sen. Gene Yaw, et al)

Amends Title 27 (Environmental Resources) adding two chapters providing for bonding for alternative energy production projects and providing for solar forced labor prevention. Provides that the operator of an alternative energy production project commenced on or after the effective date shall post a bond with the department on a form prescribed by the department. Further provides that the board may determine the amount of the bond required based on the total estimated cost to the commonwealth related to potential hazardous liabilities, decommissioning the permitted area, completing a reclamation plan for the affected site, the proper recycling or disposal of the alternative energy production project, and any other factor determined by the board. Provides an exclusion from the bonding requirements for a residence or business in the commonwealth that generates alternative energy for onsite consumption and for the owner or operator of a farm who owns and operates an alternative energy generation facility on the farm premises, regardless of location of consumption of the energy generated. Adds a second chapter requiring the Department of Environmental Protection to establish a solar forced labor prevention list and a rolling application process for admittance onto the solar force labor prevention list. Provides each commonwealth entity seeking to own, procure or otherwise participate in a solar project shall ensure that a selected panel manufacturer is included on the list. Also encourages a political subdivision or other local government entity to seek a solar panel manufacturer from the list when participating in a solar project. The new chapter relating to bonding shall take effect in 60 days and the remainder shall take effect immediately.

Laid on the table, removed from the table in Senate, 12/13/2021

SB 597  RE: Water Quality Accountability (by Sen. Patrick Stefano, et al)

Amends Title 27 (Environmental Resources), in special programs, establishing Chapter 67 related to water quality accountability. Provides that a water system operator shall implement an asset management plan designed to inspect, maintain, repair and renew its water and wastewater infrastructure consistent with standards and enumerates what should be in the plan. Provides that a water system operator shall have the duty to inspect and repair or replace critical valves. Provides that no water meter that has an error in registration of more than two percent may be placed in service, nor may a water meter that has an error in registration of more than 4 percent be allowed to remain in service, when water is passing through the meter at certain rates of flow. Provides that within one year of the effective date, a water system operator shall submit a plan to remove and replace all lead service lines within or connected to the operator's public water system. Provides for the development of a cybersecurity system, annual information to customers, regulations, contingency for public funding and enforcement.

Laid on the table, removed from the table, 12/15/2021

HB 424  RE: Indemnification (by Rep. Todd Stephens, et al)

Amends "An act relating to indemnification agreements between architects, engineers or surveyors and owners, contractors, subcontractors or suppliers" to void any indemnification clauses in construction agreements where one party must accept liability for another party's negligence.

Removed from the table, 12/13/2021

HB 860  RE: Smoke Alarm Responsibility Act (by Rep. Todd Polinchock, et al)

Regulates certain smoke alarm devices; provides for owner responsibilities; and prescribes penalties. The legislation establishes that no person may distribute, sell, offer for sale or import a smoke alarm device unless the device is an approved smoke alarm, and that the owner of a dwelling who leases a dwelling shall, prior to execution of the lease, equip the dwelling with an approved smoke alarm device. The legislation provides owner and tenant responsibilities for smoke alarms, and that a violation is a summary offense punishable by a fine up to $50. Nothing in the act shall be construed as requiring an owner of a dwelling unit to replace a working smoke alarm that is not more than 10 years old.

Reported as committed from House Appropriations Committee, 12/14/2021

HB 1877  RE: Municipal Boundary Changes (by Rep. Bob Freeman, et al)

Amends Title 53 (Municipalities Generally), in alteration of territory or corporate entity and dissolution, providing that when a boundary changes and results in a municipality that lies partly in one county and partly in one or more other counties, the territory within the municipality shall, for county purposes, be and remain a part of the county in which the respective territory is physically located. Provides general rules for stream boundaries and boundary change agreements by abutting municipalities. A court of common pleas may, upon presentation of a petition, ascertain and establish disputed boundaries of two or more municipalities. Further provides for judicial ascertainment procedure. Also provides that in addition to the procedures that apply to the proposal and adoption of ordinances, each municipality shall accept public comment on the proposed ordinance at a regular or special meeting occurring no less than 10 days after the ordinance is introduced and occurring no less than 10 days prior to the adoption of the ordinance. Repeals statute that is inconsistent with this act.

Removed from the table, 12/13/2021
Amended on House floor, read second time, and rereferred to House Appropriations Committee, 12/14/2021 Reported as committed from House Appropriations Committee, read third time, and passed House, 12/15/2021 (200-0)

HB 2138  RE: Deconstruction Standards (by Rep. Mary Isaacson, et al)

Amends the Pennsylvania Construction Code Act, establishing deconstruction standards. Provides each primary dwelling structure in the state erected in 1929 or earlier shall undergo a deconstruction assessment prior to the structure's demolition, renovation, or other construction; and imposing penalties. Establishes requirements a structure must meet before its deconstruction. Provides the Labor and Industry department with powers and duties to enact both mandatory and discretionary actions. Provides an application for a demolition permit shall not be considered complete unless accompanied by a completed pre-deconstruction form. Provides a municipal code official in the municipality of the structure shall assess the structure for deconstruction. Provides guidelines and requirements for certified deconstruction contractors, heavy machinery, and documentation for deconstruction. Provides for certain exemptions, exemption requests, enforcement and penalties, stop work orders, and inspections related to deconstructions.

Introduced and referred to House Labor and Industry Committee, 12/7/2021

SB 208  RE: Financial Security (by Sen. John DiSanto, et al)

Amends the Pennsylvania Municipalities Planning Code, in subdivision and land development, providing for completion of improvements or guarantee thereof prerequisite to final plat approval, establishing that the financial security equals but does not exceed 110 percent, and providing that the engineer of the project may retain 10 percent of the estimated cost of the remaining improvements.

Reported as committed from House Appropriations Committee read third time, and passed House, 12/13/2021 (202-0)
Signed in the Senate and in the House, 12/14/2021
Approved by the Governor, 12/22/2021 (Act No. 97 of 2021)

SB 812  RE: Debarment (by Sen. Kristin Phillips-Hill, et al)

Amends Title 62 (Procurement), in source selection and contract formation, further providing for debarment or suspension by amending language to change "public works project" to "a government agency contract or subcontract."

Reported as amended from Senate State Government Committee, and read first time, 11/9/2021

SB 869  RE: BPOA Board Meetings (by Sen. Tommy Tomlinson, et al)

Amends Title 63 (Professions and Occupations), in powers and duties, further providing for definitions and providing for virtual operation. This legislation provides that in addition to the requirements of a practice act to hold public meetings to conduct business, each licensing board and commission shall use a virtual platform to conduct business when a public meeting is held.

Reported as committed from House Appropriations Committee, read third time, and passed House, 12/13/2021 (202-0)
Signed in the Senate, and in the House, 12/14/2021
Approved by the Governor, 12/22/2021 (Act No. 100 of 2021)

10:00 a.m., 14th Fl. Conference Rm., 333 Market St., Harrisburg (Rescheduled from 1/20/22)

To Consider the following regulations:

• Reg. No. 3326 Department of Labor and Industry #12-116: Uniform Construction Code (Final-Omit)

And other regulations

Dates are subject to change

• January:  10, 11, 12, 24, 25, 26
• February: 7, 8, 9
• March: 21, 22, 23, 28, 29, 30
• April: 11, 12, 13, 25, 26, 27
• May: 23, 24, 25
• June: 7, 8, 9, 13, 14, 15, 20, 21, 22, 23, 24, 27, 28, 29, 30
• September: 12, 13, 14, 19, 20, 21
• October: 24, 25, 26
• November: 14, 15, 16

Dates are subject to change

• January: 18, 19, 24, 25, 26
• February: 7, 8, 9
• March: 28, 29, 30
• April: 4, 5, 6, 11, 12, 13
• May: 23, 24, 25
• June: 6, 7, 8, 13, 14, 15, 20, 21, 22, 23, 24, 27, 28, 29, 30

The Department of Environmental Protection’s Oil and Gas Technical Advisory Board will meet on Thursday, December 16, 2021, at 9 a.m. in Room 105 of the Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA.

Individuals may attend the meeting in person or remotely. Individuals interested in providing public comments during the meeting are encouraged to sign up in advance by contacting Todd Wallace at twallace@pa.gov  or (717) 783-6395.

Information on how to join the meeting, as well as agenda and meeting materials, will be available on the board's webpage. Questions concerning the December 2021, meeting can be directed to Wallace. https://www.dep.pa.gov/Business/Energy/OilandGasPrograms/OilandGasMgmt/OilGasTech/Pages/default.aspx

The Department of Environmental Protection’s State Board for Certification of Sewage Enforcement Officers will met on

Location | 12th Floor Conference Room, Rachel Carson State Office Building, 400 Market Street, Harrisburg

2022 Meeting Dates

• April 20
• September 7
• October 12
• November 30

Minutes can be found here: https://www.dep.pa.gov/PublicParticipation/AdvisoryCommittees/WaterAdvisory/SEO/Pages/default.aspx