Summary Legislation
Both Chambers Considering Bills to Identify Undocumented Construction Workers
Both the PA House and Senate are considering bills that address the issue of undocumented workers on public works projects. The Senate Labor and Industry committee sent a bill to the full Senate that would strengthen the state's E-Verify law. Senate Bill 1147 establishes a new requirement that both prime and subcontractors on publicly funded projects must file a verification that they are enrolled in the E-Verify program. The bill also increases penalties such as fines and the length of debarment for multiple offenses. Senate Bill 1147 was reported from the committee on May 24th on a 9 to 1 vote. The lone negative vote was from Senator DiSanto (R) (Dauphin County).
The House Labor and Industry took up a measure in January that takes a different approach to undocumented construction workers. Representative Davanzo (R) (Westmoreland County) introduced House Bill 1104, which amends the PA Construction Code (UCC) to require construction permit holders to disclose the name of all contractors and subcontractors performing work on a project. Representative Devanzo says, "this additional transparency will help to identify unscrupulous contractors and subcontractors who have violated Act 75 of 2019 and federal law by hiring workers who are not authorized to work in the United States." The bill has been on the House voting calendar since February 9th.
Registration Act Amendments
The contents of House Bill 609 were amended into House Bill 1801 in the Senate Consumer Protection and Professional Licensure Committee on January 25th. Both bills contain “agreed to” changes to the licensing process, but HB 609 also contained a lengthy change intended to address the difference between land surveying and GIS consulting. That section proved to be too controversial for the Senate to address and it was the only section of the HB 609 not inserted into HB 1801. The surveying issue has caused legislation to stall in the last two legislative sessions in the Senate. The provision clarifying that the “practice of engineering” is not limited to only projects containing a “design” was included in HB 1801.
On April 5th, HB 1801 was referred to the Senate Appropriations Committee, typically the last step prior to final passage. The Senate is expected to vote on the HB 1801 after the primary election. It will then need to go back to the House for a concurrence vote.
Anti-Indemnification
Legislation making it illegal to shift liability from one party to another via contract is expected to be voted on in early June. In the last session, PSPE supported similar legislation. The new bill number is House Bill 424. Initially, the legislation only applied to construction contractors. We had the bill amended to include engineers before it passed the House committee last session. HB 424 is on the House Calendar and could be voted on at any time, but there are ongoing discussions taking place regarding the language of the bill. This bill is a high priority for numerous design and construction associations.
Demolition Contractor Certification
Several House members from Philadelphia have introduced House Bill 2138, which establishes a statewide certification process for demolition contractors and requires a “deconstruction assessment” for certain buildings before demolition. The legislation is evidently in response to a fatal accident that occurred during a demolition in Philly several years ago. While well-intentioned, the bill has no mention of professional engineers.
At a minimum, a PE should be required to perform the assessment. Our lobbyists will convey that message.
Prohibiting Proprietary Specifications
Legislation that would prohibit state and local government contracts from including proprietary specifications that are exclusionary or discriminatory, to the extent that they either specify a particular brand name or otherwise limit consideration of other brand names passed the House in April. House Bill 1281 does allow for such specifications in cases where there is a need for interchangeability, compatibility, demonstration/testing or where no other source exists. State agencies like PennDOT and DGS already have a waiver process for proprietary specifications. HB 1281 is now in the Senate State Government Committee. The bill may not receive quick action there, however, as recent rumors suggest there is mounting opposition from non-design organizations.
May Primaries Deliver a Number of Surprises, Portend A Contentious Budget Season and Fall Campaign
This being a “redistricting” year, it was always going to be a little different from the usual in terms of election intrigue. Throw in open state-wide seats at the “top of the ticket” for Governor, Lt. Governor, and US Senate, and you have a recipe for a lot of political intrigues. The May primaries did not at all fail to deliver.
Let’s start with the Gubernatorial races to succeed term-limited Gov. Tom Wolf. Attorney General Josh Shapiro was unopposed in the Democrat primary, while nine Republicans, including current state Senate President Pro Tempore Jake Corman (R-Centre), fellow Republican Senator and January 6 participant Doug Mastriano, along with former US Congressman Lou Barletta and a host of other challenges, none of whom were ever able to get more than a 10% share in most polls, shared the ballot. Mastriano garnered the endorsement of former President Donald Trump late in the race, and attempts by the Republican establishment to derail his campaign backfired, and Mastriano cruised to an easy victory.
The Lt. Governor nominees are current sitting state House members from western PA. McKeesport Democrat Rep. Austin Davis (D-36) easily won the race to run with Shapiro, benefitting from Shapiro’s early endorsement. Davis also ran successfully for his state House seat. Freshman Republican Rep. Carrie DelRosso (R-33) handily defeated several other Rs for the nod to run with Mastriano, who had endorsed another candidate. DelRosso did not choose to run for her House seat, going all in on this race.
Next, is the US Senate seat being vacated by Republican Sen. Pat Toomey. Lt. Gov. John Fetterman easily claimed the Democratic nomination, with more than 50% of the vote over two other challengers. At the same time, Trump-endorsed Dr. Mehmet Oz and financier Dave McCormack took their bloody battle to the voters, the courts, and several others. At this writing, a recount is underway to determine the winner.
The Pennsylvania delegation in Congress will have a slew of changes this cycle since the state again lost a seat after the decennial census. District lines were redrawn by the legislature and refined by the state supreme court. The resulting changes have caused an unusually high number of contested elections for Congressional seats. The races in your area will be described below.
The primary elections had three incumbent versus incumbent contests. In addition, several members of House Republican leadership faced primary challengers, and three pairs of incumbents found themselves facing off in the primary, thanks to the redrawn political maps. In the House, 32 members are not seeking reelection, including those running for Senate or other offices. Five Senate seats, all held by members of the Republican caucus, are open because of retirement.
GOP primary challengers targeted some veteran incumbents, including Speaker Bryan Cutler of Lancaster County, Appropriations chair Stan Saylor and long-time Rep. Keith Gillespie of York County, and Senate Appropriations Committee Chairman Pat Browne, of Allentown. Cutler won his race handily, while Saylor and Gillespie succumbed to an onslaught of negative ads and internal York County politics. The Browne race is still unofficial but appears to be another upset. As June commences, how these results affect the current budget process, not to mention subsequent ones, is the $46 Billion question in Harrisburg.
Three pairs of House incumbents fought it out after being drawn into districts together. In a rural area northwest of Harrisburg, Rep. Perry Stambaugh won a GOP primary against his neighbor to the north, Rep. Johnathan Hershey. And southwest of Allentown, the battle between Reps. Ryan Mackenzie and Gary Day raised eyebrows among fellow Republicans. Philadelphia Democratic Reps. Isabella Fitzgerald and Chris Rabb were forced to go against each other, along with a third Democrat. Stambaugh, Mackenzie, and Rabb, respectively, emerged victorious.
State Registration Board for Professional Engineers, Land Surveyors and Geologists May 16 Meeting Notes
The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on May 16, via hybrid meeting format, due to the COVID-19 pandemic. Following are the highlights.
∙ Board President Jim Szalankiewicz, PE, PLS, presided, and welcomed the members and sunshine attendees. He commended the staff on how they have held up under trying circumstances.
∙ Board members Robert Kulaweic, PE, and Mike Brinkash, PLS, reported that they attended the recent NCEES meeting. They discussed elections and the budget. They reported that the NCEES Plumbing exam has eliminated the stormwater modules.
∙ Board decided that two members will be sent to each NCEES and ASBOG meeting.
∙ Board counsel Bill Fritz noted that HB 1801 was moving in the Senate. Board member Mike Brinkash, PLS, again asked for a status report on HB 609. The bill remains in the Senate Consumer Protection and Professional Licensure Committee. Brinkash noted that passage is vital to the Board. Fritz also reported that the long-awaited Seals regulation is “this close” to being published. The Office of General Counsel had recommended some edits, which must also be tracked in the Architects and LA regs. Should be done “by summer”.
∙ Acting Commissioner Arion Claggett reported that PALS will be replaced after the completion of the current renewal cycle. New vendor has not been named yet.
∙ Board Administrator Jeannie Bronshtein had nothing to report.
∙ Board Prosecution Liaison Ray Michalowski, Esq., had one cases to report, but the respondent for the scheduled hearing did not show, so it was tabled to the next
The next meeting is July 13, @10:30 AM, with both in-person and virtual options for attendees. Future 2022 Board meeting dates: July 13, September 23, November 8.
This Month in PA Bulletin
NONE
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.
Budget Related Bills
HB 2526 RE: Highway-Railroad and Highway Bridge Capital Budget Supplement Act (by Rep. Tim Hennessey et al.) Amends the provision for the adoption of capital projects related to repair, rehabilitation, or replacement of highway bridges to be financed from the current revenue of the Motor License Fund and itemizing additional state and local projects. The total authorization for the costs of projects itemized pursuant to 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.
Removed from the table, 5/24/2022
SB 291 RE: Capital Budget Act of 2021-2022 (by Sen. Vincent Hughes et al.)
Provides for the capital budget for the fiscal year 2021-2022 and limitation on redevelopment assistance capital projects; and makes 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 ($275,000,000), and flood control projects ($0) for a total of $1,010,000,000. Effective July 1, 2021, or immediately, whichever is later.
Reported as committed from House Appropriations Committee, read the third time, and passed House, 5/24/2022 (203-0)
Signed in the Senate and in the House, 5/25/2022
Approved by the Governor, 5/26/2022 (Act No. 21 of 2022)
SB 915 RE: Capital Budget Project Itemization Act of 2021-2022 (by Sen. Patrick Browne et al.)
Provides the framework for the capital budget process, including the itemization of projects under the Capital Budget Project Itemization Act and setting the annual debt limits. Establishes the categories under which capital projects may be funded, in part or whole, through the issuance of general obligation debt or current revenue, including public improvement projects, furniture and equipment projects, transportation assistance, redevelopment assistance projects, flood control projects, and Pennsylvania Fish and Boat Commission projects. Itemizes capital projects in the aggregate amount of $18,736,138,764, with $18,736,138,764 funded from debt and $113,130,000 funded from debt or current revenues.
Reported as amended from House Appropriations Committee and recommitted to House Appropriations Committee, 5/24/2022
Environmental Building Standards
HB 2567 RE: Integrated Water Resources Restoration, Protection and Management Act (by Rep. Joe Webster et al.)
Updates and expands stormwater planning requirements for counties and requires counties to review and comment on location, design, and construction within the watershed-based planning area of facilities owned or financed through funds from the commonwealth. Authorizes counties to regulate stormwater within a watershed-based planning area. Authorizes the formation of water resources management authorities. Outlines comprehensive stormwater management planning requirements with watershed boundaries, plans, updates, and identifying and assessing existing problems. Enables counties, municipalities, and water resources management authorities to develop integrated water resources management plans. Imposes duties and confers powers on the Department of Environmental Protection (DEP) and Environmental Quality Board for coordinating the management of water resources, developing processes and procedures for resolving disputes associated with comprehensive stormwater, developing guidelines and policies for implementation, charging fees related to the review of integrated water resources management plans, approving, disapproving, or conditionally approving of comprehensive stormwater management plans and integrated water resources management plans, and undertaking enforcement. Provides for financing and waiver of the user for specific grant or loan funds.
Introduced and referred to House Environmental Resources and Energy Committee, 5/3/2022
Local/State Government/Regulations
HB 2079 RE: Allowing Alternate Refrigerants in the UCC (by Rep. Sheryl Delozier et al.)
Amends the Pennsylvania Construction Code Act in terms of exemptions, applicability, and penalties, further providing for exemptions.
Reported as amended from House Labor and Industry Committee, read the first time, and laid on the table, 5/23/2022
Permitting
HB 2404 RE: Permits (by Rep. Clint Owlett, et al.)
Amends the Dam Safety and Encroachments Act, providing 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 it has undertaken by January 15 of each year. Provides permits shall last no less than ten years. DEP shall extend the permit an additional ten years for ten years of operation with a license. 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.
Reported as amended from House Environmental Resources and Energy Committee, read the first time, and Laid on the table, 5/24/2022
Removed from the table, 5/25/2022
HB 2405 RE: Removing Obstructions (by Rep. Tina Pickett et al.)
Amends the Dam Safety and Encroachments Act, amending definitions to provide definitions for drainage area and regional curve, and amending the definition for the department. Provides county programs for removing obstructions and flood-related hazards on streams. Provides a county may develop a program to provide two regional curves for the watershed to cover the entire county, the first curve for rural areas and the second curve for portions of streams located in municipalities. The county shall provide written notification to the Department of Environmental Protection (DEP) describing the program it developed. DEP shall conduct at least one annual follow-up review of the county's program to determine effectiveness and compliance. DEP shall develop a training program for conducting channel maintenance for the purpose of a program, upon completion of the training program. Provides a county conservation district may authorize emergency permits to persons operating within a developed program. The Environmental Quality Board shall promulgate regulations for removing obstructions and flood-related hazards on streams by counties, municipal equipment workers, and contractors operating as agents of the counties. The board may consider existing county programs for the same or similar purpose.
Reported as committed from House Environmental Resources and Energy Committee, read the first time, and Laid on the table, 5/24/2022
Removed from the table, 5/25/2022
HB 2406 RE: Flood-Related Hazards (by Rep. Jonathan Fritz, et al.)
Amends the Dam Safety and Encroachments Act, amending definitions to provide definitions for flood-related hazards. Provides for small stream maintenance project permit. Small stream maintenance permits shall be established and authorized for mitigation of flood-related hazards of less than 250 linear feet or an area of less than one acre in size. The Department of Environmental Protection shall delegate permit review and approval responsibilities to county conservation districts. Provides an application shall include information on the project, and the department may not require an applicant to specify professional engineering services or similar qualifications for proposed projects. Provides a county conservation district shall grant a permit if the district determines the proposed project complies with the act and related regulations. Provides no fee may be required for the permits.
Reported as committed from House Environmental Resources and Energy Committee, read the first time, and Laid on the table, 5/24/2022
Removed from the table, 5/25/2022
HB 2407 RE: Jurisdiction of Fish and Boat Commission (by Rep. Joe Hamm, et al.)
Amends the Dam Safety and Encroachments Act to remove references to Pennsylvania Fish Commission and insert provisions that specify the Pennsylvania Fish and Boat Commission (PFBC) shall have no jurisdiction related to stream maintenance and or clearing activities, approval for stream maintenance or clearing activities do not require approval from PFBC. Authority may not be relegated to PFBC regarding stream maintenance or clearing activities.
Reported as committed from House Environmental Resources and Energy Committee, read the first time, and Laid on the table, 5/24/2022
Removed from the table, 5/25/2022
HB 2408 RE: Culvert Maintenance (by Rep. Mike Armanini, et al.)
Amends the Dam Safety and Encroachments Act, defining culvert and providing the Department of Environmental Protection shall not require a permit or other authorization to perform maintenance activities on a culvert.
Reported as committed from House Environmental Resources and Energy Committee, read the first time, and Laid on the table, 5/24/2022
Removed from the table, 5/25/2022
HB 2409 RE: Emergency Dam Clearing (by Rep. Tim O’Neal, et al.)
Amends the Dam Safety and Encroachments Act, providing permits are not required to remove flood-related hazards, or related stream clearing projects deemed an emergency by state or county authorities.
Reported as committed from House Environmental Resources and Energy Committee, read the first time, and Laid on the table, 5/24/2022
Removed from the table, 5/25/2022
HB 2410 RE: Bridge and Culvert Maintenance (by Rep. Brian Smith, et al.)
Amends the Dam Safety and Encroachments Act, providing definitions for bridge and culvert; and the Department of Environmental Protection may not require a permit for maintenance activities conducted 50 feet or less upstream or downstream of a bridge or culvert.
Reported as committed from House Environmental Resources and Energy Committee, read the first time, and Laid on the table, 5/24/2022
Removed from the table, 5/25/2022
HB 2498 RE: Watershed Storm Water Plans (by Rep. Dave Zimmerman et al.)
Amends the Storm Water Management Act, further providing for watershed stormwater plans and contents
Introduced and referred to House Environmental Resources and Energy Committee, 4/8/2022
Procurement
SB 1043 RE: Steel Products Procurement (by Sen. Patrick Stefano et al.)
(PN 1366) Amends the Steel Products Procurement Act requires a centralized portal for the electronic submission of documentation. A public agency must create a centralized portal to allow the electronic submission of the necessary documentation. Will reduce the amount of paperwork needed as steel leaves the mill, to the manufacturer or fabricator, to the contractor, and ultimately submitted to a Pennsylvania agency for review while maintaining an auditable record of the products.
Read the third time and passed Senate, 5/23/2022 (47-0)
Received in the House and referred to House State Government Committee, 5/24/2022
Professional Licensure
HB 1801 Remains in Senate Appropriations Committee
School Construction
SB 1224 RE: Limits on Maintenance Programs (by Sen. Tim Kearney et al.)
Amends the Public School Code in construction and renovation of buildings by school entities, providing for maintenance programs. Prevents grant awards for maintenance programs exceeding $3 million. Allocates funding from a set aside equal 25 percent of the appropriation for school building projects. Requires that amounts appropriated in the fiscal years of 2022-23, 2023-24, and 2024-25 for school building projects be used exclusively for the program.
Introduced and referred to Senate Education Committee, 5/9/2022
Upcoming Meetings of Interest
House 2022 Session Days
Dates are subject to change.
- June: 13, 14, 15, 20, 21, 22, 23, 24, 27, 28, 29, 30
- September: 12, 13, 14, 19, 20, 21
- October: 24, 25, 26
Some House Committee meetings and session can be viewed online at: http://www.pahousegop.com/.
Senate 2022 Session Days
Dates are subject to change.
- June: 13, 14, 15, 20, 21, 22, 23, 24, 27, 28, 29, 30
Senate Committee meetings and session can be streamed at: http://www.pasenategop.com/.
State Registration Board for Professional Engineers, Land Surveyors, and Geologists Meeting Schedule
Time | 1:30 - 3:00 PM EST
2022 Meeting Dates
- 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
- 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
- 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
- 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