State Registration Board for Professional Engineers, Land Surveyors and Geologists May 17 Meeting Notes

The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on May 17, via Webex, due to the COVID-19 pandemic. Following are the highlights.

  • Board President Jim Szalankiewicz, PE, PLS, presided, and thanked the Board staff for making the current meeting go smoothly. He then introduced new Board member, Martin Helmke, PG. Helmke said he looked forward to contributing as he learns.
  • BPOA Commissioner Kalonji Johnson was unable to attend, and did not submit a report. Dep. Commissioner Ted Stauffer answered some questions in Johnson’s absence.
  • Board Prosecutor Glenn Masser, Esq., had no cases to present.
  • Board Counsel Bill Fritz presented two Act 41 licensure applications, which were approved, and one TPP application, which was preliminarily denied.
  • Board Administrator Jeannie Bronshtein noted that the renewal period opens at the end of July. She also stated that ABOG is looking at computer exams.

2021  Meeting Schedule | Meetings will be held remotely until further notice

    • July 14
    • September 29
    • November 5

Professional Licensure Update

HB 609  RE: Engineers/ Surveyors Scope (by Rep. Joe Emrick, et al) Amends the Engineer, Land Surveyor and Geologist Registration Law further providing for definitions, for continuing professional competency requirements and for exemption from licensure and registration. The bill establishes a competency requirement for the completion of distance learning courses if the course relates to professional practice, and if it is verifiable and measurable by hours of instruction. Further, the act shall not be construed to require the licensure and registration of the practice of engineering or land surveying by a regular employee or agent of an electric cooperative corporation in connection with the facilities of the electric cooperative, provided that the electric cooperative corporation or agent thereof either shall employ at least one professional engineer or professional land surveyor or belongs to a Pennsylvania electric cooperative association that employs a professional engineer or professional land surveyor. The exemption is removed for the practice of engineering, land surveying or geology by any person or by any employee of any co-partnership, association or corporation upon property owned by such person or such co-partnership, association or corporation, unless such practice affects the public safety or health or the property of some other person or entity. Provides an exemption for the practice of engineering, land surveying or geology work by the employees, contractors or agents of cable service, VOIP, broadband internet or other service delivered over a cable system, a provider of enhanced telecommunications system, or a provider of telecommunications services if those services are in connection with or incidental to products of, or non-engineering, land surveying or geology services, rendered by the company. Exempts activities by licensed landscape architects and geologists.
Reported as committed from House Appropriations Committee, read third time, and passed House, 5/4/2021 (197-4)
Received in the Senate and referred to Senate Consumer Protection & Prof. Licensure Committee, 5/5/2021

In the News

Voters Approve Constitutional Amendments Limiting Governor’s Emergency Powers

Voters have approved two constitutional amendments that will limit gubernatorial powers over disaster declarations. Pennsylvania is the first state in the nation to impose restrictions on the emergency powers of a governor in response to the COVID-19 pandemic. The amendments passed with more than 53 percent of the vote.

The two measures — which shorten the length of a disaster declaration from 90 days to 21 days and give the legislature exclusive authority to end or extend a declaration by a majority vote — arose out of frustrations from Republican leadership in the General Assembly. In late spring 2020, still the early days of the COVID-19 pandemic, the Republican majority in the legislature made multiple attempts to end Gov. Tom Wolf’s emergency disaster declaration and do away with pandemic mitigation measures. When those efforts failed, Republicans began the amendment process.

House Speaker Bryan Cutler (R-Lancaster) and House Majority Leader Kerry Benninghoff (R-Centre) Lauded the Election Results in a Joint Statement.

“[Pennsylvanians] have rejected the mutation of emergency authority into unilateral, one-person control that seeks expediency over the rule of law,” the statement reads. “We stand ready to reasonably and responsibly manage Pennsylvania through this ongoing global pandemic, the scourge of opioid addiction, and other long-term challenges that may come to face this Commonwealth.”

In the weeks leading up to Tuesday’s election, members of the Wolf Administration warned that a preemptive end to a disaster declaration could hurt the state’s ability to respond, both by relying on the more deliberative legislative process versus the speed of the executive branch and because a disaster declaration opens up various federal aid and flexibility options to the state.

Over the course of the pandemic, the COVID-19 disaster declaration has been renewed five times, with the latest renewal announced on May 20, though it will only last 21 days once the Department of State certifies the election results.

“The administration will soon connect with the General Assembly regarding the extension,” Lyndsay Kensinger, Wolf’s press secretary, said. “The disaster declaration allows for the suspension of regulations for medical professionals, gives the commonwealth the ability to access federal funding, and assists with the activation and payment of the National Guard, among other important operations. The vote on the disaster declaration constitutional amendments does not impact the past or current mitigation orders. We hope that the General Assembly will recognize the importance of the disaster declaration for first responders and Pennsylvanians who rely on federal funding during times of emergency.”

Republican legislators did not say if they would immediately end the COVID-19 disaster declaration once the election is certified. All COVID-19 mitigation measures, including gathering and capacity limits but excluding the statewide mask mandate, expired May 31, Wolf previously announced.

While the pandemic disaster declaration was the catalyst for the constitutional amendments, it is not the only disaster declaration in the state. In early May, Wolf signed the 14th renewal of the state’s opioid disaster declaration, which his administration says grants various waivers and loosens regulations in a way that makes addressing the opioid epidemic more efficient.

The legislature returns to session the week of June 7, where they are expected to discuss the future of Pennsylvania’s disaster declarations, and begin in earnest the budget process.

Gov. Wolf Signs Renewal of COVID-19 Disaster Declaration to Aid in Recovery

Governor Tom Wolf signed a renewal of the Proclamation of Disaster Emergency for the COVID-19 pandemic on May 20.

“COVID-19 vaccinations have increased dramatically in recent weeks and we are making significant progress in the fight to stop the spread of COVID-19,” said Governor Wolf. “As previously announced, we are lifting all mitigation measures on Memorial Day, but we need just a little more time under this current disaster declaration to ensure that we do not risk valuable resources that will help Pennsylvania recover from the pandemic.

“The disaster declaration allows more medical professionals to administer vaccines, ensures families harmed financially by the pandemic have access to healthy food through SNAP benefits and ensures Pennsylvania counties and businesses remain eligible for federal disaster recovery dollars.

“We will continue to monitor vaccination rates and adjust mitigation orders accordingly.  I have been in touch with the General Assembly regarding this extension, and we will continue to collaborate on the future of this disaster declaration and any future declarations that become necessary to help Pennsylvanians in the midst of an emergency.”

The emergency disaster declaration renewed this month provides for increased support to state agencies involved in the continued response to the virus and recovery for the state during reopening. The disaster declaration has allowed for waivers and extensions to continue to provide for Pennsylvanians and businesses under the unprecedented circumstances of the pandemic, including the ability to waive the one-week waiting period to receive unemployment compensation and the registration requirement with PA CareerLink for applicants; and allowing the commonwealth to suspend numerous training requirements and certification and licensure renewals for health care professionals, child care workers, direct care workers, direct support professionals, among other professional groups who provide life-sustaining services to our children, seniors, and vulnerable residents. The flexibilities available because of the disaster declaration have allowed many more health care professionals to provide services virtually during the pandemic, expanding opportunities for individuals to seek needed physical and mental health services. It allows the commonwealth to increase the number of vaccine providers and improve vaccine distribution.

Through the disaster declaration, PEMA has been able to assign the National Guard to provide various types of support for long term care facilities, including providing direct patient care support, ancillary support, and testing, and at community-based testing sites. It also provides PEMA with the ability to leverage continued federal support such as non-congregate sheltering.

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol51/51-21/792.html

This Month in the PA Bulletin

DCNR: RETENTION OF DESIGN PROFESSIONAL FIRMS; PROJECT REFERENCE NO. FDC-500-817

The Department of Conservation and Natural Resources issued Request for Proposals (RFP) from interested and qualified design professional firms (Consultant or Offeror) for an open-end contract or contracts for various architectural, landscape architectural and engineering design services. Refer all inquiries to the issuing officer: Michael Twigg, DCNR, Bureau of Facility Design and Construction, PO Box 8451 Harrisburg, PA 17105-8451, 400 Market Street, 8th Floor, or email at mtwigg@pa.gov .

Additional information is available on the Pennsylvania Bulletin: https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol51/51-21/805.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. Copies of all bills of interest can be accessed by clicking here.

Bidding / Contracting

HB 1327  RE: Valuing Employers Who Value Pennsylvanian Workers (by Rep. Dan Miller, et al)
Amends Title 15 (Corporations and Unincorporated Associations), in general provisions relating to business corporations, providing that a domestic business or a foreign business with more than 200 employees shall not be eligible for a state contract, funding, or grant if the business has violated the Fair Labor Standards Act, is found guilty of an unfair labor practice, or has violated the Pennsylvania Prevailing Wage Act within the previous five years. The legislation also precludes the businesses from state contract, funding, or grant eligibility if the business failed to submit bylaws to the Department of State and establishes requirements for the governing board. The legislation applies to a state contract entered into or renewed on or after the effective date of the act, state funding approved on or after the effective date of the act, and a state grant approved on or after the effective date of this act
Introduced and referred to House Labor and Industry Committee, 5/6/2021

SB 678  RE: Contractor Verification Act (by Sen. John Yudichak, et al)
Prohibits a person from holding oneself out or engaging in any act as a constuction contractor without satisfying the verification requirements under the act. Requires construction contractors and subcontractors to complete a verification form that certifies that they operate in Pennsylvania and allows their employees and the public to identify the business. Provides for procedures for verification, fees, prohibited acts, enforcement, penalties, and protection from retaliation.
Introduced and referred to Senate Labor and Industry Committee, 5/17/2021

Budget Bills

HB 537  RE: Regional Small Business Grant Program (by Rep. Joe Ciresi, et al)
Amends the Fiscal Code providing for small business grant program, imposing duties on the Department of Community and Economic Development; and making an appropriation. Requires the department to provide grants in accordance with this article to regional networks for the purpose of administering and funding a regional small business grant program pursuant to which grants will be provided to small businesses that are adversely affected financially due to the coronavirus pandemic and the proclamation of disaster emergency. Appropriates $50,000,000 to the department from the Budget Stabilization Reserve Fund to administer and fund the grant program.
Reported as amended from House Commerce Committee, read first time, and laid on the table, 5/5/2021

HB 952  RE: Data Center Equipment (by Rep. Donna Oberlander, et al)
Amends the Tax Reform Code adding language replacing the current tax refund program on the sale of data center equipment with a sales tax exemption on data center equipment. Provides for applicability and definitions.
Read second time, and rereferred to House Appropriations Committee, 5/5/2021

SB 463  RE: Data Centers (by Sen. Scott Hutchinson, et al)
Amends the Tax Reform Code adding language replacing the current tax refund program on the sale of data center equipment with a sales tax exemption on data center equipment. Provides for applicability and definitions.
Laid on the table, removed from the table, 5/26/2021

 COVID-19 Related Legislation

HB 1481  RE: Waivers (by Rep. Brett Miller, et al)
Amends Title 35 (Health and Safety), in the governor and disaster emergencies, providing if the governor declares a disaster emergency that uses an executive order affecting the operations of private businesses, the governor shall post all records relating to the granting of a waiver or the issuance of a denial, an exclusion or other exception on a publicly accessible website within 24 hours of the decision.
Introduced and referred to House Veterans Affairs & Emergency Preparedness Committee, 5/26/2021

HR 106 RE: Disaster Declaration Termination (by Rep. Kerry Benninghoff, et al)
A Concurrent Resolution extending in part and terminating in part the March 6, 2020, proclamation of disaster emergency, as amended and renewed, issued under the hand and seal of the governor, Thomas Westerman Wolf. The General Assembly, in accordance with section 20 of Article IV of the Constitution of Pennsylvania, hereby terminates in part and extends in part the disaster emergency declared on March 6, 2020, as amended and renewed, in response to COVID-19. Enumerates which portions of the disaster emergency declaration are terminated or extended. Provides the extension in part of the disaster emergency declared on March 6, 2020, as amended and renewed, in response to COVID-19, shall expire on October 1, 2021, except as terminated or extended, in whole or in part, by the General Assembly. Any portion of the disaster emergency declaration which is not terminated in part shall be extended in part.
Introduced and referred to House State Government Committee, 5/24/2021 

Environmental Building Standards

HB 141  RE: Non-building Lots (by Rep. David Maloney, et al)
Amends the Pennsylvania Municipalities Planning Code, in subdivision and land development, establishing that the creation of a nonbuilding lot shall be exempt from regulation under a subdivision or land development plan with exceptions. Provides that a subdivision and land development ordinance shall include provisions allowing for the creation of two nonbuilding lots when presented with a waiver obtained from the Department of Environmental Protection which declares that there is no present need for sewage disposal facilities and that completion of sewage facilities planning is not required. If the owner or applicant of a subdivided parcel that has been granted a nonbuilding waiver subsequently desires to build upon or develop the property, the owner or applicant shall comply with all applicable statutes, regulations or ordinances in effect at the time of the desired construction or development.
Reported as committed from House Local Government Committee, read first time, and laid on the table, 5/5/2021
Removed from the table, 5/24/2021
Read second time, rereferred to House Appropriations Committee, 5/25/2021

Reported as committed from House Appropriations Committee, read third time, and passed House, 5/26/2021  (111-90)
Received in the Senate and referred to Senate Local Government Committee, 5/28/2021

 SB 692  RE: Erosion and Sediment Control Act (by Sen. Camera Bartolotta, et al)
Provides for erosion and sediment control requirements. A person seeking to commence a project involving oil and gas activities that will cause five acres or more of earth disturbance at one time shall submit an application and obtain an erosion and sediment control permit from the Department of Environmental Protection or a conservation district before commencing the project.
Introduced and referred to Senate Environmental Resources and Energy Committee, 5/19/2021

 Local/State Government/Regulations

HB 72  RE: Economically Significant Regulations (by Rep. Dawn Keefer, et al)
Amends the Regulatory Review Act providing for review of proposed regulations and procedures of review for final-form and final-omitted regulations, and providing for concurrent resolution required for economically significant regulations. Requires the General Assembly to vote on a concurrent resolution to approve an economically significant regulation in order for that regulation to go into effect.
Read second time, and rereferred to House Appropriations Committee, 5/3/2021
Reported as committed from House Appropriations Committee, read third time, and passed House, 5/4/2021 (108-93)
Received in the Senate and referred to Senate Inter-Governmental Operations Committee, 5/5/2021

HB 1144  RE: Conventional Oil and Gas Wells Act (by Rep. Martin Causer, et al)
Establishes general requirements relating to conventional wells, the development of oil, gas and coal, and underground gas storage; imposes powers and duties of upholding the act on the Department of Environmental Protection; and providing provisions relating to enforcement and remedies and related funds, parities and activities.
Reported as committed from House Environmental Resources and Energy Committee, read first time, and Laid on the table, 5/4/2021
Removed from the table, 5/5/2021

Read second time, and rereferred to House Appropriations Committee, 5/24/2021
Reported as committed from House Appropriations Committee, read third time, and passed House, 5/25/2021 (113-88)
Received in the Senate and referred to Senate Environmental Resources and Energy Committee, 5/28/2021

SB 634  RE: Third-Party Agencies (by Sen. Dan Laughlin, et al)
Amends the Pennsylvania Construction Code further providing for administration and enforcement. Adds language allowing a municipal code official to utilize third-party agencies to supplement the municipal code enforcement program’s plan review and inspections services or to utilize third-party agencies to perform plan review and inspection services in categories its program does not possess the necessary personnel to administer. Provides two or more municipalities may provide for joint administration and enforcement of the act through an inter-municipal agreement under certain circumstances. Further provides for administration and enforcement by third-party agencies.
Introduced and referred to Senate Labor and Industry Committee, 5/4/2021

SB 552  RE: Right to Know Requests (by Sen. Cris Dush, et al)
Amends the Right-to-Know Law, in agency response, providing for vexatious requester. Provides that an agency may petition the Office of Open Records for relief from an individual that the agency alleges is a vexatious requester. Requires the executive director of the Office of Open Records or a designee, within five business days upon receipt of the petition, to notify the requester alleged to be a vexatious requester that the requester may, within 10 business days, file a preliminary response to the petition; and to, within 15 business days, inform the agency whether pending requests and new requests from the requester alleged to be a vexatious requester should continue to be processed or should be stayed pending resolution of the proceedings.
Read second time, and rereferred to Senate Appropriations Committee, 5/11/2021

 Permitting

HB 139  RE: Permit Administration Act (by Rep. Greg Rothman, et al)
Provides for the administration of permits by state agencies, for a tracking system for permit applications, for the establishment of permit programs and for annual reports. The bill requires state agencies to establish, maintain and make available a secure online tracking system for applicants to track the status of applications. Delineates the types of categories that are required for reporting to the General Assembly.
Rereferred to House Appropriations Committee, 5/3/2021
Reported as committed from House Appropriations Committee, read third time, and passed House, 5/4/2021 (113-88)
Received in the Senate and referred to Senate Inter-Governmental Operations Committee, 5/5/2021

HB 950  RE: Subsequent Review of Disapproved Final-Form or Final-Omitted Regulations (by Rep. Daryl Metcalfe, et al)
Amends the Regulatory Review Act further providing for procedures for subsequent review of disapproved final-form or final-omitted regulations. Agencies are prohibited from reissuing the same regulation in the future, or promulgating a regulation that is substantially similar, unless the new or revised regulation is specifically authorized by a law enacted after the date the concurrent resolution is approved or deemed to be approved by the governor or after the date when the General Assembly overrides the governor’s veto of the concurrent resolution. Further, a committee may report a concurrent resolution to initiate the repeal of any regulation currently in effect, provided that the committee conducts a public hearing on the matter prior to reporting the concurrent resolution.
Read second time, and rereferred to House Appropriations Committee, 5/3/2021
Reported as committed from House Appropriations Committee, read third time, and passed House, 5/4/2021 (109-92)
Received in the Senate and referred to Senate Inter-Governmental Operations Committee, 5/5/2021

SB 28  RE: Permit Administration Act (by Sen. Kristin Phillips-Hill, et al)
Provides for the administration of permits by state agencies, for a tracking system for permit applications, for the establishment of permit programs, for third-party review of permit decision delays and for annual reports. The bill requires state agencies to review their permit decisions and permit decision delays during the immediately preceding calendar year and submit a report of findings to the General Assembly. Further, a state agency shall establish, maintain and make available a secure tracking system for applicants to track the status of applications on the state agency’s website.
Reported as committed from Senate Appropriations Committee, read third time, and passed Senate, 5/26/2021 (28-20)
Received in the House and referred to House Environmental Resources and Energy Committee, 6/1/2021

  Workforce Development

HB 602  RE: Career and Technical Education Incentive Program (by Rep. Clint Owlett, et al)
Amends the Public School Code establishing the Career and Technical Education Incentive Program. Provides that by October 1, 2021, and each January 1 thereafter, a school entity other than a cyber charter school may elect to participate in the program. Provides each school entity that elects to participate shall provide notice of its intent to participate to the Department of Education and enumerates content to be provided in the notice. Provides for the qualifications for contributions. Provides further provisions related to tax credits. Certain sections of the act shall be effective immediately and the remainder shall take effect upon publication in the Pennsylvania Bulletin.
Removed from the table, 5/4/2021
Amended on House floor, read second time, and rereferred to House Appropriations Committee, 5/5/2021

 Copies of all bills of interest can be accessed via the Internet at: http://www.legis.state.pa.us/cfdocs/legis/home/session.cfm

Upcoming Meetings of Interest

Some House Committee meetings and session can be viewed online at: http://www.pahousegop.com/

Senate Committee meetings and session can be streamed at: http://www.pasenategop.com/

  • 2021 Senate Session Schedule
    • June                7, 8, 9, 14, 15, 16, 21, 22, 23, 28, 29, 30
    • The Fall Session schedule has not been announced
  • 2021  House Session Schedule
    • June                16, 21, 22, 23, 24, 25, 28, 29, 30
    • September      13, 14, 15, 27, 28, 29
    • October          4, 5, 6, 25, 26, 27
    • November       8, 9, 10, 15, 16, 17
    • December       13, 14, 15

State Registration Board for Professional Engineers, Land Surveyors and Geologists Meeting Schedule

State Geospatial Coordinating Board2021 Meeting Dates

DEP Oil and Gas Technical Advisory Board Virtual Meeting Schedules For 202