PLANCON Moratorium Returns
From October of 2012 to June of 2014, the school construction reimbursement program known as PLANCON would not accept new applications for funds based on a statutory moratorium that was initiated by then Governor Corbett.  School construction advocates got the moratorium lifted as part of last June’s budget package.  Now we have a new Governor, and a new proposal to bring back the moratorium.  Most of the discussion about Governor Wolf’s budget proposal has centered on raising tax revenue and how it might be spent.  However, his budget also proposes to reinstate the PLANCON moratorium.  While the proposed moratorium may just be a starting point for negotiations, construction advocates need to vocally oppose the idea.  The coming budget negotiations will cover a wide range of issues and school funding in general will be front and center.  If the moratorium really does return, it will represent a huge set back in the effort to provide PA students with adequate educational facilities.
House Committee Holds Hearing on Water and Wastewater Industries
On March 18, the House Consumer Affairs Committee held a public hearing in Harrisburg on a number of issues, including the water and waste water industries. Here are some highlights of that segment.
Louise Knight, Esq., Chair, PA Chapter, National Association of Water Companies (NAWC), reviewed investor or privately-owned water and wastewater industries. She noted Pennsylvania is home to 2,200 water systems and 1,059 wastewater systems. She said the systems are subject to Public Utility Commission (PUC) jurisdiction for rates and service, except in the case of authority or municipally-owned systems, the PUC’s jurisdiction is limited to only the rates and service of customers outside the municipal boundaries and the PUC has virtually no jurisdiction over authorities. Knight remarked on the importance of water and expressed NAWC’s commitment to “working with elected leaders who seek innovative solutions and go the extra mile to the benefit of their constituents.” She thanked the committee for the reauthorization of Chapter 14 and highlighted the importance of innovative rate mechanisms, such as the DSIC, to avoid rate shock. Knight reviewed issues and challenges facing the industry and indicated support for HB 382, which provides for public private partnerships (P3s) and excludes certain projects from the Separations Act; discussed Act 68 of 2013 which authorized the creation of stormwater authorities, but said the Public Utility Code is silent on stormwater and asked that the definition of “public utility” be amended to include stormwater management and to address unauthorized high volume water use, such as for filling pools; and expressed strong support for HB 48, which would implement water well construction standards.
Committee Chairman Bob Godshall (R-Montgomery) cited a Penn State study on wells outside the Marcellus Shale area found that more than 40 percent of wells were contaminated. He opined the state should have standards for wells drilled on private property. He then shared a story of a water diversion project in his district that was met with protests and said those protestors are now at a new site and claiming the Delaware River will run dry.
Rep. Marcy Toepel (R-Montgomery) was appalled by pictures of pipes being replaced and asked what monitoring takes place on the consumer end to ensure quality. Tagert said hundreds of samples are taken every month from specified points throughout the system, including homes and businesses. He said the utility has four hours to fix an issue before a boil water advisory is issued. Rep. Toepel asked if the replacement schedule prioritizes based on testing results. Tagert said there are a number of factors, including the amount of main breaks, outages, property damages, water quality, fire flow, and to coordinate with municipal paving. Knight added that water companies are now using GIS for system-wide record keeping.
Legislative Activity
The following bills of interest to PSPE have been introduced and acted upon in the past month.
BIDDING / CONTRACTING: NONE
BUDGET RELATED BILLS
HB 801 RE: Sewer Lines (by Rep. Harry Readshaw, et al)
Amends the Pennsylvania Infrastructure Investment Authority Act further providing for definitions; and providing for additional use of funds for financial assistance by authorizing governmental units to use financial assistance received under this act for the improvement, extension, repair or rehabilitation of private lateral sewer lines connected to public sewer systems, where the government unit determines that such activities will benefit the public sewer system. No governmental unit which has completed such activities shall be deemed to be the owner of such private lateral sewer lines, or to have any further responsibility to conduct such activities, unless a governmental unit makes an affirmative determination to accept such obligations. The bill provides for eligibility.
Introduced and referred to House Environmental Resources and Energy Committee, 3/17/2015
ENVIRONMENTAL BUILDING STANDARDS: NONE
LOCAL/STATE GOVERNMENT/REGULATIONS 
HB 568   RE: PA Construction Code Application (by Rep. Eli Evankovich, et al)
Amends the Pennsylvania Construction Code Act relating to uncertified buildings over which the department does not have jurisdiction. Requires a construction code official to issue a certificate of occupancy to an uncertified building if it meets the requirement relating to uncertified buildings under the department’s jurisdiction, the latest adopted version of the International Existing Building Code or Chapter 34 of the International Building Code. Also requires the construction code official to utilize the code that, in his professional judgment, he deems best to apply.
Read third time, and passed House, 3/4/2015 (195-0)
Received in the Senate and referred to Senate Labor and Industry Committee,  3/6/2015
HB 782   RE: Construction Code Officials (by Rep. Doyle Heffley, et al)
Amends the Pennsylvania Construction Code Act, in adoption and enforcement by municipalities, further providing for administration and enforcement by requiring the retention of three or more (increased from one or more) construction code officials or third-party agencies to act on behalf of the municipality for administration and enforcement of this act. A municipality administering and enforcing this act by designation of a municipal code official or through joint administration and enforcement shall collect fees that represent their actual administrative costs of code enforcement. such municipalities shall annually report to the department, on a schedule determined by the department, the fees that were collected and the operating costs of their code enforcement program. The department shall have the power to order municipalities to readjust fee schedules that it reasonably believes to be excessive. The provisions relating to the retention of two or more third party agencies shall take effect July, 1, 2015, or immediately, whichever is later.
Introduced and referred to House Labor and Industry Committee, 3/13/2015
HB 800   RE: Plans for Sewage Disposal Systems (by Rep. Harry Readshaw, et al)
Amends the act, entitled, “An act to provide for and regulate the accumulation, investment, and expenditure of funds by cities, boroughs, incorporated towns and townships for preparing plans for sewage disposal systems, and for the construction, improvement or replacement of sewage disposal systems for which plans have been approved by the Sanitary Water Board of the Commonwealth,” further providing for definitions, for creation of a Sewage Disposal System Fund and for expenditure of fund; and making editorial changes. Municipalities and municipal authorities shall have the right, but not the duty, to use public funds for the improvement, extension, repair or rehabilitation of private lateral sewer lines connected to public sewer systems, where the municipality or municipal authority determines that such activities will benefit the public sewer system. No municipality or municipal authority which has completed such activities shall be deemed to be the owner of such private lateral sewer lines, or to have any further responsibility to conduct such activities, unless a municipality or municipal authority makes an affirmative determination to accept such obligations.
Introduced and referred to House Environmental Resources and Energy Committee, 3/17/2015
LIABILITY: NONE
MANDATE WAIVERS: NONE
MECHANIC’S LIEN: NONE
PROFESSIONAL LICENSURE
HB 92   RE: Expungement (by Rep. Kate Harper, et al)
Amends “An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; and further providing for civil penalties and license suspension,” to provide a definition for “expunge” or “expungement” and to provide the Bureau of Professional and Occupational Affairs the power to expunge a record based upon certain enumerated conditions. The Commissioner of Professional and Occupational Affairs has the authority and duty to adopt a schedule of civil penalties for operating violations.
Reported as committed from House Professional Licensure Committee, read first time, and laid on the table, 4/1/2015
HB 802 RE: CE Credit Carryover (by Rep. Harry Readshaw, et al)
Amends the act entitled, “An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension,” adding that in addition to disciplinary powers and duties, boards and commissions shall have the power to provide for the carryover of any continuing education credits in excess of the number required for biennial renewal. The carryover shall be valid for one biennial renewal term only.
Introduced and referred to House Professional Licensure Committee, 3/17/2015
SB 642   RE: Architects CE Requirements (by Sen. John Rafferty, et al)
Amends the Architects Licensure Law adding language requiring each licensee to provide certification of successful completion of a minimum of 24 hours of continuing education as a condition for renewal of the biennial license. A minimum of 12 hours of the continuing education must be in the area of health, safety, and welfare credits of the general public. Requires the State Architects Licensure Board to establish, adopt, promulgate, and enforce rules and regulations setting forth a continuing education requirement to be satisfied by all individuals holding a certificate to engage in the practice of architecture as a condition of renewal of the certificate. Also provides for reciprocity and for waivers of all or part of the continuing education requirement for a licensee who provides evidence satisfactory to the board that the licensee was unable to complete the requirement due to illness, emergency, hardship or active military service.
Introduced and referred to Senate Consumer Protection & Professional Licensure Committee, 3/20/2015
LOCAL/PROPERTY TAX REFORM: NONE
TRANSPORTATION: NONE
Upcoming meetings of Interest
2015 SENATE SESSION SCHEDULE
April                13, 14, 15, 20, 21, 22
May                 4, 5, 6, 11, 12, 13
June                 1, 2, 3, 8, 9, 10, 15, 16, 17, 18, 22, 23, 24, 25, 26, 29, 30
2015 HOUSE SESSION SCHEDULE
April                1, 13, 14, 15, 20, 21, 22
May                 4, 5, 6, 11, 12, 13
June                 1, 2, 3, 8, 9, 10, 15, 16, 17, 18, 22, 23, 24, 25, 26, 27, 28, 29, 30
Copies of all bills of interest can be accessed here.