PSPE Lobbyist  Report

On Monday, November 15 a $1.2 trillion infrastructure package was signed into law. $12.9 billion dollars are earmarked for PA highways and bridges.  To receive the federal money states will have to match a portion of it, roughly $1 billion. If the cash for the match is found, the commonwealth will forfeit some of those funds.

Senate Bill 382, a bill that grants the General Assembly more influence over P3 projects, passed the Senate and then passed the House November 16th.  It is now in the Senate Rules committee, but the Governor is expected to veto the bill.

House Bill 609 amends the Registration Act for Professional Engineers, Land Surveyors and Geologists to address concerns raised by the Davey Resources v. BPOA case, as well as a few housekeeping changes. The bill was voted out of the House Professional Licensure Committee on Monday, April 19 with “agreed to” amendments.  The amendments are mainly technical in my opinion.  They change the term “survey product” to “surveying product”; change the term “fixed works” to “fixed objects” for consistency throughout the bill; and make it clear that licensed geologists and landscape architects may continue to practice within their legally defined scope of practice.

On May 4th, the House passed the bill by a vote of 197 to 4.  House Bill 609 is now in the Senate committee on Consumer Protection and Professional Licensure.  The bill presently resides in the Senate Consumer Protection and Professional Licensure committee.  I have asked Senate leadership to move the bill forward.

Another bill, House Bill 1801, amends the Registration Act to address a specific issue involving when THE progressive experience required to take the PE exam may be obtained.  The short amendment to the Act would allow an applicant to obtain the appropriate experience prior to passing the EIT.  The current law mandates that the experience be earned after passage of the EIT.  That issue has affected reciprocity with other states. House Bill 1801 passed the House unanimously. I have asked Senate leadership to move this bill as well.

Legislation making it illegal to shift liability from one party to another via contract is expected to be voted on in early June. 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 year. This bill is a high priority for numerous design and construction associations.

The bill was reported from committee with only 1 negative vote.  My sources tell me that there is opposition from the general contractor community and possibly from the trial lawyers.  The bill was reported from the Rules committee on September 15th and is presently on the House Tabled calendar.

The Commonwealth Budget that passed prior to the Legislature’s Summer break included funding for the Department of Education line item that supports MATHCOUNTS. Thanks to our members and the General Assembly for their continuous support of this program.

Companion bills have been introduced in both chambers to require non-residential contractors to register with the Attorney General’s office (House Bill 1021 and Senate Bill 678). Verification requirements include proof of Worker’s Compensation, e-verify compliance, and other information regarding ownership of the company.  The bill exempts professional engineers that are licensed by the state that do not perform work as a construction contractor.

Several House members from Philadelphia have introduced House Bill 2138 which establishes a statewide certification process for demolition contractors as well as requiring a “deconstruction assessment” for certain buildings prior to 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.

Summary Legislation

Judicial, county, municipal and school board races were conducted on Tuesday, November 2nd. For the State Supreme Court, Republican Kevin Brobson won over Democrat Maria McLaughlin, but the majority stays 5-2. Republican, Megan Sullivan, won a Superior court seat, defeating Philly Democrat Timika Lane.  On election night, it appeared Republicans won both races for the Commonwealth Court - Stacy Wallace and Drew Crompton over Democrat opponents Lori Dumas and David Spurgeon. However, after a recount, it was determined that Dumas had actually defeated Crompton, who was serving an unexpired term. Crompton had previously served as Counsel to the PA Senate Republican Caucus.

Election day also saw two special elections for the State House. In the 164th House District to replace Margo Davidson, Democrat Gina Curry won the election. Also, Democrat Thomas Welby won election in the 113th State House District to replace Marty Flynn who was elected to the Senate earlier in the year.

Several state legislators ran and were successful in bids for other offices, including State Representative Tarah Toohil's (R-Luzerne) who won her race for judge in Luzerne County, Representative Ed Gainey (D- Allegheny) who won his bid for Mayor of Pittsburgh and State Senator John Sabatina (D-Phila) who also won a judgeship. Special elections to fill those seats will be called by the House Speaker and Lt. Governor, respectively, when these legislators resign to assume their new roles.

On Friday, November 5th the US House passed the long-awaited infrastructure bill previously approved by the US Senate. President Joe Biden quickly approved the $1.2 trillion Infrastructure Investment and Jobs Act package.

The package contains $550 billion in new spending over five years for mass transit, roads, bridges, rail, expand electric vehicle charging stations, expand broadband, remove lead pipes and waterways.  It is funded in part by the Corporate Profits Minimum Tax that would impose a 15% tax on corporations that report more than $1 billion in profits. The final vote was 228-206. Thirteen Republicans voted with the majority of Democrats in support of the bill, though six Democrats voted against it.

Earlier in the week, President Biden issued comprehensive vaccine mandates for not only federal workers and contractors, but also employers with at least 100 staff.  The Department of Labor has provided several fact sheets and the U.S. Chamber also created an easy-to-digest document detailing the facts on the ETS for COVID-19 vaccinations. Click here to download the fact sheet.

This Month in PA Bulletin

Gov. Tom Wolf signed an executive order related to worker protection and investment. Additional information is available on the Pennsylvania Bulletin.

http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol51/51-45/1832.html

The Department of Environmental Protection (DEP) by this notice informs the public of the availability of the final National Pollutant Discharge Elimination System (NPDES) PAG-01 General Permit for Discharges of Stormwater Associated with Small Construction Activities (PAG-01). The PAG-01 General Permit will become effective on March 1, 2022 and will expire on February 28, 2027. The PAG-01 General Permit is intended to provide NPDES permit coverage to persons proposing an earth disturbance activity. Persons eligible for PAG-01 General Permit coverage must submit a complete Notice of Intent (NOI) package 30 or 60 days prior to the planned date for commencing construction activities involving earth disturbance, depending on factors identified in the PAG01 NOI Instructions. The general permit package can be accessed through the department’s eLibrary website.

https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol51/51-46/1895.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.

SB 915  RE: 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 Senate Appropriations Committee, 11/9/2021
Read third time, and passed Senate, 11/10/2021 (49-0)

SB 525  RE:  Growing Greener III  (by Sen. John Gordner, et al)

Amends Title 27 (Environmental Resources), in environmental stewardship and watershed protection, further providing that the people of Pennsylvania have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment, and the commonwealth has an obligation to provide greater investments to conserve land and water resources, restore damaged waterways and land, and create prosperous and sustainable communities. Provides for funding of $500 million from money received by the commonwealth from the federal government under the American Rescue Plan Act of 2021 for fiscal year 2021-2022 and specifies allocations for funding for fiscal years 2017-2018 through 2020-2021 and for fiscal years 2021-2022 and thereafter. Establishes that the Department of Conservation and Natural Resources shall utilize the money it receives from the fund to provide grants to include connections between trails, access to riverfronts, including conservation of forested riparian buffers, heritage areas and other conservation and recreation purposes. Provides that the Department of Environmental Protection shall use the money it receives from the fund for abandoned mine cleanup efforts and to provide grants for mine land cleanup and other enumerated grant purposes. Establishes that the Department of Agriculture shall use funds for counties to preserve farmland and for grants to preserve farmland.

Read second time, and rereferred to Senate Appropriations Committee, 11/10/2021 

Cosponsor memo filed

HCO2489 (Culver) - Growing Greener III Establishes the framework for a Growing Greener III program. Funding will come from an infusion of $500 million appropriated from the recently adopted federal American Rescue Plan Act of 2021

Filed, 11/15/2021

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.

Removed from the table, 11/17/2021

HB 2019  RE: Groin Structures (by Rep. Parke Wentling, et al)

Amends the Dam Safety and Encroachments Act providing the definition for groin structure and that the department shall not charge a license fee for a person to construct, repair, replace, operate, maintain, or remove a groin structure at the licensed premises.

Reported as committed from House Environmental Resources and Energy Committee, read first time, and laid on the table, 11/15/2021

Cosponsor memo filed

HCO2496 (Boback) - Municipal Separate Storm Sewer Systems (MS4) Funding

Directs American Rescue Plan Act of 2021 funding to assist communities with Municipal Separate Storm Sewer Systems (MS4) compliance.

Filed, 11/16/2021


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, and laid on the table, 11/10/2021

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.

Amended on House floor, read second time, and rereferred to House Appropriations Committee, 11/16/2021

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.

Removed from the table, 11/16/2021 | Read second time, and rereferred to House Appropriations Committee, 11/17/2021 | Cosponsor memo filed

HCO2498 (Isaacson) - Deconstruction Standards, Certification and Training

Creates a unified set of deconstruction standards for certain buildings and requires deconstruction professional certification and training.

Filed, 11/16/2021

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 not sufficient. 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, and laid on the table, 11/10/2021


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

HB 1801  RE:  Reducing Burdens on Licensing for Professional Engineers (by Rep. David Zimmerman, et al)

Amends the Engineer, Land Surveyor and Geologist Registration Law, repealing the requirement that four or more years of progressive experience in engineering work must occur after the issuance of the engineer-in-training certificate.

Reported as committed from House Professional Licensure Committee, read first time, and laid on the table, 10/4/2021
Removed from the table, 10/6/2021
Read second time, and rereferred to House Appropriations Committee, 10/25/2021

Reported as committed from House Appropriations Committee, read third time, and passed House, 10/26/2021 (198-0)
Received in the Senate and referred to Senate Consumer Protection & Prof. Licensure Committee, 10/26/2021

HB 1868  RE: Veterans' Licensure (by Rep. Zach Mako, et al)

Amends Title 63 (Professions and Occupations), adding provisions relating to veterans' licensure by providing for representation on licensing boards, for expedited license, for military experience in place of education criteria. The legislation provides that the governor shall provide preference to and strive to achieve the goal of one service member, veteran or military spouse serving on a licensing board who shall be a public member and not an elected or appointed member. The legislation further provides for military experience in the place of education criteria and for expedited temporary license to a qualified applicant who meets specified criteria. The legislation provides for the calculation of a qualified applicant's experience obtained as a servicemember, renewal of license for deployed members, exclusion from fee assessment for military spouses in specified circumstances, and reporting requirements.

Reported as committed from House Appropriations Committee, read third time, and passed House, 11/10/2021 (200-0)
Received in the Senate and referred to Senate Consumer Protection & Prof. Licensure Committee, 11/18/2021

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 Professional Licensure Committee, read first time, and laid on the table, 11/15/2021
Removed from the table, 11/16/2021
Read second time, and rereferred to House Appropriations Committee, 11/17/2021

SB 382  RE: P3 (by Sen. Wayne Langerholc, et al)

Amends Title 74 (Transportation) providing upon receipt of a proposed transportation project in the form of a resolution from the governor, the General Assembly may adopt a concurrent resolution approving the resolution, with the Senate and House allowed 20 calendar days or 10 legislative days, whichever is longer, to adopt the concurrent resolution so the public entity may proceed with the public-private partnership agreement. If either chamber fails to adopt the concurrent resolution, it shall be deemed disapproved, and the public entity may not proceed with the agreement. If the governor disapproves a resolution adopted by the board, or if the General Assembly fails to adopt a concurrent resolution, the department may amend the proposed transportation project and submit an amended resolution to the board. This shall not apply if the transportation facility that proposed the transportation project is not owned by the commonwealth. Further provides for selection of development entities by prohibiting the transportation department from entering into a public-private transportation partnership agreement with a development entity unless the department submits a resolution to the public-private transportation partnership board after the effective date of the act and the resolution is approved. Effective immediately.

Reported as committed from House Transportation Committee, read first time, and laid on the table, 11/9/21 Removed from the table, 11/10/2021
Amended on the House floor, read second time, and rereferred to House Appropriations Committee, 11/15/2021
Reported as committed from House Appropriations Committee, read third time, and passed House, 11/16/21 (125-74)
Received as amended in Senate and rereferred Senate Rules and Executive Nominations Committee, 11/22/21

Upcoming Meetings of Interest

Dates are subject to change

  • January: 4 (NV), 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: 4, 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