Summary Legislative Activity | April 2022 – Pennsylvania Society of Professional Engineers

Summary Legislation

Zimmerman Registration Law Bill Moves Closer to Final Passage | HB 1801

A bill proposed by Rep. David Zimmerman (R-Lancaster), and supported by PSPE, that provides long-sought updates to the state Registration Law, took two more important steps toward becoming law in April. HB 1801 was read for the second time on the Senate floor and referred to the Senate Appropriations Committee on April 5. These are two key procedural steps that all bills undergo before the final vote. It is expected that the bill will be moved back out of the Appropriations Committee, with a “fiscal note” attached, sometime shortly after the Senate returns from its primary election break in late May. Because the bill was amended in the Senate Consumer Protection and Professional Licensure Committee, it must go back to the House for “concurrence”, before hopefully heading to the Governor for his anticipated signature. Members are again encouraged to contact their state Senators in support of this legislation and ensure that it does not get lost in the June budget whirlwind.

House Committee Holds Informational Meeting on Creek, Stream Maintenance Bills

A few weeks after their package of creek and stream maintenance bills were first introduced in the state House, the Environmental Resources and Energy Committee held a meeting on April 26 to gather more information about the initiatives, said Reps. Clint Owlett (R-Tioga/Bradford/Potter) and Tina Pickett (R-Bradford/Sullivan/Susquehanna).

“Today’s meeting was very encouraging,” Owlett said. “Our local folks cited some pretty stark examples of how current practices are tying the hands of our local officials and property owners when it comes to cleaning out creeks and streams to protect against flooding. I think the concepts we are proposing were well-received, and I am hopeful the committee will act upon them in the near future.”

“It is a difficult issue for which to find all the solutions that are needed, but we do believe these bills will provide some of them,” said Pickett. “Residents in our region and across the Commonwealth are completely frustrated when they are thwarted after suggesting a remedy to prevent flooding in their communities. We look forward to being able to help local governments cut through some of that red tape through the reasonable changes proposed in our legislative package.”

Among those addressing the committee during the meeting were Delmar Township Supervisor Deven Martin, who was speaking on behalf of the Pennsylvania State Association of Township Supervisors; Bradford County Commissioner Daryl Miller, who serves as president of the County Commissioners Association of Pennsylvania, and Tioga County Commissioner Erick Coolidge; and Tioga County farmers Johnny Painter of Painterland Farms and Phil Wood of Wood Family Farm, who were joined by Darrin Youker of the Pennsylvania Farm Bureau.

In his testimony, Martin said the issue of stream maintenance and flooding is among the biggest challenges facing townships. He pointed to a situation in which it took ten months for his township to gain approval of a permit from the Department of Environmental Protection to replace a failing culvert, which led to closing a lane of the roadway to ensure driver safety. Once the permit was approved, the project itself took just two days.

“We must do a better job of cleaning the streams so we can save our structures when flooding takes place,” Martin told the committee. “There needs to be options for cleaning the streams of debris. If we can see an obvious problem, such as a tree down or a gravel bar outside of the 50 feet, why can we not address that and prevent a future problem?”

Miller discussed Bradford County’s pilot program that allows municipalities to more efficiently and promptly address creek and stream issues. At the same time, Coolidge noted the importance of being proactive rather than reactive in addressing stream clearing issues, as it will protect against property damage and save taxpayers money.

Painter relayed a story in which he was fined $1,000 for removing a fallen tree from a creek. The tree was causing the water to dam up and cross into his field and another farmer’s field. The next time a tree fell and generated a new channel to form, he contacted DEP, but before the agency granted a permit to clean it up, the area flooded and washed out 1.5 acres of topsoil from his farm.

“We could fix a lot of these issues if we didn’t have to get permission to take a tree out,” Painter said. “We don’t want to ruin the streams or make fast water channels. We just want to be able to do the things we need to do to make a living and produce a good quality food product for the rest of society.”

A video of the committee meeting is available here.

The stream maintenance package of bills includes the following:

House Bill 2404 (Owlett): Would allow local government organizations to apply for a permit for continuing maintenance for a period of at least ten years for the streams within their jurisdiction. This permit would grant the local government entity an affirmative duty to properly maintain the streams. It would not require the local government to get pre-approval for maintenance projects.

House Bill 2405 (Rep. Tina Pickett, R-Bradford/Sullivan/Susquehanna): Would create a program that allows counties to opt-in to address hazards within their streams by allowing for emergency maintenance permits in consultation with their county conservation district. This is modeled after a pilot project that has proven successful in Bradford County.

House Bill 2406 (Rep. Jonathan Fritz, R-Susquehanna/Wayne): Would create a permit specific to smaller maintenance projects for the mitigation of flood-related hazards of less than 250 linear feet. This permit would be reviewed and issued by the local county conservation district.

House Bill 2407 (Rep. Joe Hamm, R-Lycoming/Union): Would clarify that the Pennsylvania Fish and Boat Commission has no authority for permitting or enforcement related to stream clearing or maintenance activities. This authority shall belong solely to DEP and the county conservation districts as appropriate.

House Bill 2408 (Rep. Mike Armanini, R-Clearfield/Elk): Would declare that no permit or authorization shall be required for maintenance activities conducted on a culvert.

House Bill 2409 (Rep. Tim O’Neal, R-Washington): Would state that no permit shall be required for the removal of flood-related hazards from streams that are deemed to be an emergency by a state or county.

House Bill 2410 (Rep. Brian Smith, R-Jefferson/Indiana): Would state that no permit shall be required for stream maintenance activities conducted 50 feet or less upstream or downstream of a bridge or culvert.

House Bill 2411 (Rep. John Hershey, R-Mifflin/Juniata/Franklin): Would require DEP to issue an annual report to the General Assembly regarding flooding and stream maintenance and restoration.

This Month in PA Bulletin

DEP | Applications, Actions, and Special Notices

The Department of Environmental Protection provided notice regarding applications for the National Pollutant Discharge Elimination System (NPDES) permits and Water Quality Management (WQM) permits under the Clean Streams Law and federal Clean Water Act. Additional information is available in the Pennsylvania Bulletin; https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-18/639.html.

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.

Reported as committed from House Appropriations Committee, read third time, and passed House, 4/11/22 (200-0)

Received in the Senate and referred to Senate State Government Committee, 4/12/2022

SB 478 RE: Public Contract Bid Nonreceipt Act (by Sen. Cris Dush, et al)

Amends "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," establishing the short title of the Public Contract Bid Nonreceipt Act and further providing for when a political subdivision, municipal authority or transportation authority is required to advertise for bids in order to enter a contract but no bids are received. Provides a political subdivision must first advertise the bid a second time. If no bids are received within 15 days of the second advertisement, they must begin negotiations for a contract to obtain the services previously advertised with any provider not otherwise disqualified by law or an enactment or policy of the governing body. Provides for public disclosure of the identity of parties, proposed contract price and a summary of the other terms and conditions relating to any proposed contract in order to demonstrate that the services to be procured are consistent with those previously advertised. Provides for penalties related to the evasion of advertisement requirements.

Read third time, and passed House, 4/13/2022 (197-1)

Signed in the House and in the Senate, 4/13/2022

Approved by the Governor, 4/19/2022 (Act No. 18 of 2022)

Budget Related Bills

HB 385 RE: Exempting Paycheck Protection Loans from State Income Tax (by Rep. George Dunbar, et al.)

Amends the Tax Reform Code, adding language providing an exemption for forgiveness of indebtedness granted under the Paycheck Protection Program from the state personal income tax.

Read second time, and Rereferred to House Appropriations Committee, 4/25/2022

Reported as amended from House Appropriations Committee, read the third time, and passed House, 4/26/2022 (203-0)

Received in the Senate and referred to Senate Finance Committee, 4/28/2022

HB 2526 RE: Highway-Railroad and Highway Bridge Capital Budget Supplement Act (by Rep. Tim Hennessey et al.)

Amends the Highway-Railroad and Highway Bridge Capital Budget Supplement Act providing for the adoption of capital projects related to repair, rehabilitation or replacement of highway bridges to be financed from current revenue of the Motor License Fund and itemizing additional state and local projects. The total authorization for the costs of projects itemized under this act and financed from current revenue or by incurring debt will be $6.367 billion. State projects will be allocated $5.075 billion, and non-state projects will be allocated $1.291 billion. Provides sections on the limitation on the expenditure of funds, debt authorization, appropriation, federal funds, policy on jobs and materials, and editorial changes.

Introduced and referred to House Transportation Committee, 4/20/2022

Reported as committed from House Transportation Committee, read the first time, and laid on the table, 4/26/22

HB 2557 RE: American Rescue Plan Local Bridge Trust Fund Grant Program (by Rep. Tim Hennessey et al.)

Amends the Fiscal Code, establishing the American Rescue Plan Local Bridge Trust Fund Grant Program, and appropriating $500 million from the Coronavirus State Fiscal Recovery Fund for the award of grants to municipalities for bridge projects. Provides definitions for account, American Rescue Plan, authority, current fiscal year, eligible cost, municipality, program, and project. Provides any appropriations under the article shall be in addition to those made under the General Appropriation Act of 2021. Provides that appropriations made under the program are continuing appropriations and will not automatically lapse at the close of the fiscal year. Provides grant money awarded to municipal-owned bridge projects shall require a five percent local match, and grant money received shall be used for bridge projects. Grants the Commonwealth Financing Authority powers and duties for administering the program and communicating its effectiveness to the officers of the Appropriations Committees in both the Senate and House. The program shall expire on the later of June 30, 2024, or any updated federal deadline for the use of American Rescue Plan funds.

Introduced and referred to House Appropriations Committee, 4/27/2022

SB 1100 RE: FY 2022-23 Spending Plan (by Sen. Pat Browne, et al.)

Allocates funds from the General Fund for the expenses of the Executive, Legislative and Judicial Departments, the public debt, and public schools for the fiscal year July 1, 2022, to June 30, 2023. Effective July 1, 2022, or immediately, whichever is later. This bill MAY be the vehicle for the final budget agreement.

Reported as committed from Senate Appropriations Committee, and read first time, 4/12/2022

Read second time, and rereferred to Senate Appropriations Committee, 4/13/2022

Environmental Building Standards

HB 2498 RE: Watershed Storm Water Plans (by Rep. Dave Zimmerman, et al)

Amends the Storm Water Management Act, further providing for watershed storm water plans and contents

Introduced and referred to House Environmental Resources and Energy Committee, 4/8/2022

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

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.

Read second time, 4/6/2022

Amended on Senate floor, and Re-referred to Senate Appropriations Committee, 4/11/2022

Reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 4/12/2022 ((35-14))

Received in the House and referred to House Environmental Resources and Energy Committee, 4/14/2022

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. Effective in 60 days.

Read second time on Senate floor, 4/6/2022

Amended on Senate floor, 4/11/2022

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 be in compliance 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.

Reported as committed from House Appropriations Committee, read third time, and passed House, 4/11/2022 (197-3)

Received in the Senate and referred to Senate Labor and Industry Committee, 4/12/2022

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 it's 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.

Reported as committed from House Appropriations Committee, read third time, and passed House, 4/11/2022 (115-85)

Received in the Senate and referred to Senate Environmental Resources and Energy Committee, 4/12/2022

HB 2404 RE: Permits (by Rep. Clint Owlett et al.)

Amends the Dam Safety and Encroachments Act, providing for the issuance of and conditions for municipal continuous maintenance permits. Provides the Department of Environmental Protection (DEP) shall develop a municipal continuous maintenance permit for application by a municipality. The permit shall allow permittees to maintain, inspect, and monitor watercourses, water obstructions, appurtenant works, and encroachments within the municipality. Provides applications with only watercourses shall be taken to include the other water structures. Provides municipalities with a permit may amend the permit through addition or removal of water structures; permittees may not be required to seek preapproval or further authorization by DEP for maintenance conducted under the permit; the permit shall provide for the maintenance, inspection, and monitoring of water structures in accordance with previously prepared applicable plans, specifications, reports, and designs for the structure's operation. Provides permittee municipalities shall provide a yearly compilation of the projects undertaken by January 15 of each year. Provides permits shall last no less than ten years. For ten years of operation with a permit, DEP shall extend the permit an additional ten years. DEP may impose terms and conditions on construction methods, operation, maintenance, inspection, and monitoring to ensure compliance with the act. The municipality granted a permit shall accept responsibility for maintaining, inspecting, and monitoring the water structures.