Summary Legislation
Brooks’ Legislation to Extend Regulatory Flexibilities Signed by Governor Wolf
The easing of regulations necessitated by the COVID-19 pandemic will continue through June 30 under legislation authored by Sen. Michele Brooks (R-Mercer), approved by the Senate, House, and the Governor. The legislation extends key COVID-19 waivers for three more months and requires a review of the effectiveness of, and continued need for, these regulations going forward.
“For months, we have been working with the House of Representatives and the Governor’s Office on a comprehensive review of all of the statutory and regulatory flexibilities put in place since the beginning of the pandemic,” said Brooks, “and today’s final passage of Senate Bill 1019 is a successful culmination of our collective efforts.”
The new legislative builds upon Act 73 of 2021 (House Bill 1861), signed into law in September 2021, to extend key waiver flexibilities through March 31, 2022. Senate Bill 1019 temporarily extends certain suspensions of regulations and statutes that agencies issued under the COVID-19 disaster declaration through June 30, 2022. The continued suspension of these regulations and statutes allows the commonwealth to use all necessary resources to continue its recovery from the COVID-19 pandemic and help Pennsylvania get back on track from the pandemic.
This waiver extension includes over 300 rules and regulations for our hospitals, health care workers, home and community-based providers, drug and alcohol treatment providers, consumers, bankers, realtors, state licensure and oversight boards, emergency management services, and the PA National Guard.
“These extensions are important tools that will help us continue our work to transition out of the pandemic,” Governor Wolf said. “I’m pleased that we were able to come together to keep these important measures working on behalf of Pennsylvanians.”
“We have more work to do, but we are well on our way to improving Pennsylvania not just beyond the pandemic, but despite it,” Brooks said. “I continue to work to eliminate red tape in the state’s bureaucratic practices and simplify how we do business.”
Senate Bill 1019 passed the Senate on March 30 and was promptly signed into law by Governor Wolf. It is now Act No. 14 of 2022.
PennDOT Accepting Unsolicited Public-Private Partnership Proposals Until April 30
The Pennsylvania Department of Transportation (PennDOT) Office of Public-Private Partnerships (P3) announced that it accepts unsolicited proposals for transportation projects from the private sector through April 30.
The submission period applies to PennDOT-owned projects, infrastructure, and services. The private sector can submit proposals offering innovative ways to deliver transportation projects across various modes during this period, including roads, bridges, rail, aviation, and ports. Proposals can also include more efficient models to manage existing transportation-related services and programs.
Unsolicited proposals are being accepted through 11:59 PM on April 30. Instructions on how to submit a project and information on the unsolicited proposal review process can be found on the state's P3 website, www.P3.pa.gov.
PennDOT holds an unsolicited proposal period in April and October each year.
The private sector may also submit applications for non-PennDOT-owned assets directly to the P3 board. Transportation entities outside the governor's jurisdiction, such as transit authorities and the Pennsylvania Turnpike Commission, may establish their timelines or accept proposals year-round.
The state's P3 law allows PennDOT and other transportation authorities and commissions to partner with private companies to deliver, maintain, and finance transportation-related projects.
As part of the P3 law, the seven-member Public-Private Transportation Partnership Board was appointed to examine and approve potential public-private transportation projects. If the board determines a private company would more cost-effectively administer a state operation, the company will be authorized to submit a proposal and enter into a contract to either wholly or partially take over that operation for a defined period.
The next unsolicited proposal acceptance period will occur in October. To learn more about P3 in Pennsylvania, including active projects, visit www.P3.pa.gov.
This Month in PA Bulletin
Governor's Office Publishes Regulatory Agenda
Governor Wolf has announced projected regulations for the remainder of the calendar year from the various departments under his jurisdiction. The following information appears in the Saturday, March 26, 2022, edition of the Pennsylvania Bulletin. Executive Order 1996-1 requires all agencies under the governor's jurisdiction to submit semi-annually an agenda of regulations under development or consideration for publication. The agendas are compiled to provide advanced notice of the regulatory activity of members of the regulated community. The Administration intends 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 information provided is current as of March 2022.
Regulation Being Considered | Proposed Date of Promulgation | Need and Legal Basis for Action | Agency Contact |
Commissioner of Professional and Occupational Affairs | |||
Act 53 Schedules of Criminal Offenses 49 Pa. Code Subchapter D §§ 301 et seq. (# 16A-66) |
Spring 2022, as Proposed | This proposed rulemaking is required to implement provisions of the act of July 1, 2020 (P.L. 545, No. 53), relating to the consideration of criminal history record information by licensing boards and commissions under the Bureau of Professional and Occupational Affairs, including schedules of criminal convictions that may constitute grounds to refuse to. | Cynthia Montgomery (717) 783-7200 |
State Board of Professional Engineers, Land Surveyors & Geologists | |||
Electronic Seals and Signatures 49 Pa. Code Chapter 37 (# 16A-4712) |
Spring 2022, as Final-Form | The regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. This proposal aims to be consistent with the regulations of the State Architects Licensure Board and the State Board of Landscape Architects to provide all design professionals with standards that are as consistent as possible concerning both traditional seals and electronic seals to benefit both the design professionals and their clients. | Jeannie Bronshtein (717) 783-7049 |
Legislative Activity
The following bills and co-sponsorship memos for bills to be introduced of interest to PSPE were acted on by the General Assembly this past month.
Bidding / Contracting
HB 1281 RE: Specifications for Contracts (by Rep. Sheryl Delozier et al.)
Amends Title 62 (Procurement) in contracts for public works, providing that no specification for a contract awarded may be written in such a manner to contain proprietary, exclusionary, or discriminatory requirements other than those based upon the performance unless requirements are necessary to test or demonstrate a specific feature or provide for necessary interchangeability of parts or equipment.
Removed from the table, 3/29/2022
Amended on the House floor, read the second time, and rereferred to House Appropriations, 3/30/2022
Budget Related Bills
HB 2220 RE: FY 2022/23 Budget (by Rep. Matt Bradford et al.)
Act to provide from the General Fund for the expenses of the Executive, Legislative & Judicial Departments, the public debt & the public schools for the fiscal year July 1, 2022, to June 30, 2023.
Introduced and referred to House Appropriations Committee, 3/8/2022
HB 2235 RE: FY 2022-23 Capital Budget (by Rep. Matt Bradford et al.)
Provides for the capital budget for the fiscal year 2022-2023.
Introduced and referred to House Appropriations Committee, 3/8/2022
Cosponsor memo filed
HCO2850 (Hennessey/Carroll) – Local Bridge Trust Fund Allocates $500 million of American Rescue Plan funds to assist in the repair of locally owned bridges.
Filed, 3/31/2022
COVID-19 Related Legislation
SB 1019 RE: Temporary Regulatory Flexibility Authority (by Sen. Michele Brooks et al.)
Amends the Administrative Code, in temporary regulatory flexibility authority, provided by no later than May 31, 2022, each agency shall issue a permanent suspension report identifying any regulatory statute, rule, or regulation that was temporarily suspended under the declaration that the authority believes should be considered for a permanent suspension.
Amended on House floor, read the second time, and Rereferred to House Appropriations Committee, 3/29/2022
Reported as committed from House Appropriations Committee, read the third time, and passed House, 3/30/2022 (198-0)
Received as amended in Senate and rereferred Senate Rules and Executive Nominations Committee, re-reported on concurrence as committed from Senate Rules and Executive Nominations Committee, and Senate concurred in House amendments, 3/30/2022 (48-0)
Signed in the Senate and the House and Approved by the Governor, 3/30/2022 (Act No. 14 of 2022)
Environmental Building Standards
HR 74 RE: Conservation Corridors (by Rep. Mary Jo Daley et al.)
A Resolution directing the Legislative Budget and Finance Committee to conduct a study and issue a report on the current status, management, and benefits of conservation corridors
Reported as committed from House Transportation Committee, 3/29/2022
Local/State Government/Regulations
HB 1790 RE: Pennsylvania Construction Code Transparency (by Rep. Jason Silvis et al.)
Amends the Pennsylvania Construction Code Act, in adoption and enforcement by municipalities, providing that written notification shall provide specific references to applicable Uniform Construction Codes (UCC) the code administrator requires applications to comply with before the application can be approved; and, in training and certification of inspectors, further providing for what a construction code official shall perform in a required inspection. Provides for corrective action to include decertification or refusal to certify.
Amended on the House floor, read the second time, and rereferred to House Appropriations, 3/29/2022
Cosponsor memo filed
HCO2842 (Zimmerman) – Roadmaster Stormwater Plan Legislation Amends the Stormwater Management Act to enable municipal roadmasters to contribute their skills and expertise in the creation of watershed stormwater plans.
Filed, 3/29/2022
Permitting
HB 604 RE: Environmental Permits and Plan Approvals (by Rep. Jonathan Fritz et al.)
Amends the Administrative Code providing that environmental permits and plan approvals are deemed administratively complete if accompanied by a professional engineer's affidavit attesting to the permit's sufficiency, making related repeals, and abrogating regulations. Provides that the Department of Environmental Protection would deem permits approved unless the department shows evidence that the application is insufficient. Permits or authorizations not accompanied by an affidavit by a professional engineer require the department to render a decision within 45 days.
Removed from the table, 3/29/2022
Amended on the House floor, read the second time, and rereferred to House Appropriations, 3/30/2022
HB 2365 RE: Permit Review Process (by Rep. Jonathan Fritz et al.)
Amends Title 72 (Environmental Resources), providing the permit review process and establishing the Permitting Technology Restricted Account. Provides definitions for the applicant, application, application manager, appropriate program, completeness review, department, elevated review, permit, permit decision, public permit tracking system, and technical review. Outlines provisions relating to permitting decision time periods, permit coordination, public permit tracking system, application manager, and appeals relating to permitting review process. Provides for procedures and outlines provisions related to preapplication conference, receipt of the application, completeness review of the application, elevated review process for application, and permit decisions for application.
Introduced and referred to House Environmental Resources and Energy Committee, 3/8/2022
State/Local Taxes
HB 2453 RE: Gas Tax Relief Act (by Rep. Anthony DeLuca et al.)
Temporarily suspends the collection of taxes on liquid fuels and fuels for motor vehicles and imposes duties on the secretary of revenue. A six-month pause will be put on the state gas tax to relieve consumers from pain at the pump. The secretary of revenue will calculate, certify, and notify the General Assembly of the projected revenue loss due to the suspension of taxes within 14 days of the effective date. The General Assembly may appropriate money to the Motor License Fund through approval of a separate appropriation bill by a majority vote of the members elected to the Senate and House of Representatives. Effective in 120 hours. Expires 180 days after the effective date.
Introduced and referred to House Transportation Committee, 3/24/2022
SB 10 RE: Consumer Gas Prices Relief Act (by Sen. Jake Corman et al.)
Amends Title 75 (Vehicles) establishing the; making an appropriation of $500 million from the COVID-19 Response Restricted Account to the Pennsylvania State Police for their operations and providing the maximum principal amount of additional debt shall be $650 million. The legislation provides a 33.34 percent reduction for the liquid fuels and fuels tax, highway maintenance, construction taxes, and taxes imposed under sections 9004(b) and (d) until January 1, 2023. Further provides for commonwealth indebtedness. Effective immediately.
Introduced and referred to Senate Transportation Committee, 3/21/2022
Upcoming Meetings of Interest
House 2022 Session Days
Dates are subject to change
- 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
House 2022 Session Days
Dates are subject to change
- 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
State Registration Board for Professional Engineers, Land Surveyors, and Geologists Meeting Schedule
Time | 1:30 - 3:00 PM EST
2022 Meeting Dates
- May 16
- July 13
- September 23
- November 8
Information |
- Public Welcome
- All Board meetings are held remotely via Webex until further notice: https://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/EngineersLandSurveyorsandGeologists/Pages/General-Board-Information.aspx#.VHNkfFZOk5s
State Geospatial Coordinating Board
Location | 1 Technology Park, Commonwealth Technology Center (CTC), Harrisburg, PA 17110
Time | 1:30 - 3:00 PM EST
2022 Meeting Dates
- May 26
- August 11
- November 17
Additional Information: https://www.oa.pa.gov/Programs/Information%20Technology/Pages/geoboard.aspx
L&I Uniform Construction Code Review and Advisory Council Virtual Meetings
2022 Meeting Dates:
- May 12
- July 14
- October 13
Individuals can join the virtual meetings by means of Zoom. The virtual meeting ID is 991 2180 9216. The passcode is 170867. Questions concerning these virtual meetings may be directed to Kristen Gardner at (717) 346-1497.
All meetings are scheduled to begin at 10 AM. https://www.dli.pa.gov/ucc/Pages/UCC-Review-and-Advisory-Council.aspx
State Board for Certification of Sewage Enforcement Officers Meeting
2022 Meeting Dates:
- April 20
- September 7
- October 12
- November 30
The Department of Environmental Protection’s State Board for Certification of Sewage Enforcement Officers met on Wednesday, November 18, 2021. Minutes can be found here: https://www.dep.pa.gov/PublicParticipation/AdvisoryCommittees/WaterAdvisory/SEO/Pages/default.aspx