Surprises Accompany Expected Results in May Primary Elections

In another primary election marked by depressingly low turnouts in most areas of the state, incumbents at all levels of state government were dealt crushing defeats, while simultaneously held special elections to fill vacant seats served as precursors to fall campaigns on May 15.

State Sen. Scott Wagner and businessman Jeff Bartos ran as a ticket, and the strategy appears to have worked, as both won their respective primaries.  Wagner won with 44% over businessman Paul Mango (37%), and Allegheny County attorney Laura Ellsworth (19%). Bartos received 47% of the vote while Kathleen Coder had 22%, Diana Irey Vaughan had 18%, and Peg Luksik had 14%. Wagner and Bartos will face off against incumbent Democrat Gov. Tom Wolf , who will have a new running mate, as Braddock Mayor John Fetterman defeated incumbent Lieutenant Governor Mike Stack and three other candidates to become Governor Tom Wolf’s running mate in the fall.  Stack finished a dismal fourth, with only19% of the vote, becoming the first sitting Lt. Governor to lose re-election, since second terms have been allowed. Stack had been under siege since last year, when reports of mistreatment of his staff by Stack and his wife led to his security detail being removed by Gov. Wolf.

In the other statewide primary held this month, Congressman Lou Barletta won the Republican primary for U.S. Senate over state Rep. Jim Christiana 63%-37%, and will face incumbent Democrat Senator Bob Casey. Barletta’s surprisingly close vote over a lesser known and less well funded challenger despite having the endorsement of the state party and President Donald Trump, has raised concern for Republicans, in a race that was thought to be competitive going in.  

In a bad night for Allegheny County incumbents, Democratic state Reps. Dom Costa and Paul Costa, and Republican state Sen. Randy Vulakovich all lost to primary challengers, from the extreme wings of their parties.

In Philadelphia, freshman State Rep. Emilio Vazquez (D-197), finished a distant third against two challengers. Vazquez won a write-in campaign in a special election to replace former Rep. Leslie Acosta in March 2017. The Democratic nominee and presumptive general election winner is Danilo Burgos, a former aide to Councilwoman Maria Quiñones-Sánchez. Vazquez has vowed to run again in 2020.

Tuesday’s special elections for State House saw and Democrats Republicans essentially trade the 48th and the 178^th districts, while Republicans “held serve” in a third.  In 48th House district in Washington County, Republican Tim O’Neal handily defeated Democrat Clark Mitchell, 55% to 44%.  The seat was formerly held by Democratic state Rep. Brandon Neuman who vacated the seat after winning a Washington County judgeship. Mitchell will have a second shot at O’Neal in November, as he won the Democratic primary. In the 178th in Bucks County, Democrat Helen Tai narrowly defeated Republican Wendi Thomas, continuing inroads made by Bucks County Democrats in the 2017 county elections. The seat had been vacated earlier this year when former Republican State Rep. Scott Petri was named to head the Philadelphia Parking Authority. Tai and Thomas will face off again in November, as the nominees for their respective parties in the General election.

Meanwhile in in the conservative Northern Tier 68^th district, Republican Clint Owlett defeated Democrat Carrie Heath by a 3-to-1 margin. The seat was vacated when Rep. Matt Baker took a position with the US Department of Health and Human Services earlier this year. As in the other two races, the two candidates will meet again in November.

State Registration Board for Professional Engineers, Land Surveyors and Geologists May 9 Meeting Highlights

• The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on May 9 in Harrisburg. Following are the highlights.
• Board President Theodore Tesler, PG, welcomed Board members and guests, and thanked them for their service. He acknowledged the guests and invited them to share any concerns. Ted Mowatt reported on the status of HB 1106, on behalf of PSPE and PSLS. Tesler also noted he attended the ASBOG spring meeting, it was very informative.
• Board Prosecutors Robert Armour reviewed 3 Consent Agreements for deliberation in Executive Session, and noted the Board had scheduled two hearings with licensees later in the meeting.
• BPOA Commissioner Ian Harlow did not attend the meeting. Deputy Commissioner Caitlyn Lambert noted the Bureau is working closely with the Governor’s office to fill the many Board vacancies, and is also working to fill a number of Bureau staff vacancies.
• New Board Administrator Jeannie Bronshtein was introduced.  She noted that she had prior experience in BPOA, and had worked with geologists while at DEP. Her father was an engineer.
• Board Counsel Ariel O’Malley reported that the Board held two hearings prior to the meeting.
• Next meeting is July 11, in Harrisburg. Future 2018 meeting dates: September 12, and November 14.

Lawmakers Stress Importance of Building Safety Month

In light of May being Building Safety Month, the Pennsylvania State Professional Chapter of the International Code Council (ICC) held a press conference May 22 to highlight issues surrounding the code inspection industry.

John Eby, who holds numerous leadership positions for the Pennsylvania Association of Building Code Officials (PABCO), said that Building Safety Month is a campaign dedicated to

help individuals and businesses understand code regulations to create safe and sustainable structures.

“The campaign reinforces the need for adoption of updated building codes, strong efficient system of code enforcement and well trained code professionals,” Eby said, prior to praising Act 36 of 2017, which mandated using the updated 2015 safety codes.

“I greatly appreciate all the hard work and dedication of building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals and laborers in my community and across the state who worked together to guarantee the safe construction of our buildings,” said Sen. Kim Ward (R-Westmoreland). Sen. Ward claimed that Act 36 helps ensure that places in the community are safe and stated that PABCO cooperated with the legislature to create Act 36 as a bipartisan law.

Prime sponsor of HB 298, Rep. Sheryl Delozier (R-Cumberland), briefed the description of her legislation, which focuses on training of code inspectors.

“Simply, it allows for individuals who are inspectors to train on the job and allow them to get their degrees and all their required classes while on the job,” Rep. Delozier said. According to the Rep. Delozier, due to the increase of inspectors retiring, there will be a shortage of code inspectors across the commonwealth and after speaking to local officials, Rep. Delozier claimed that they need HB 298.

“Act 36 of 2017 is a wonderful piece of legislation that is certainly going to improve code adoptions in Pennsylvania,” said Regional manager for ICC, Bryan Soukup, claiming that the 2015 codes are safer, more energy efficient and overall better than previous code standards.

Public School Building Construction and Reconstruction Advisory Committee Issues Long Awaited Final Report
The committee met on May 23 to consider and release its final report.

Chairman Pat Browne (R-Lehigh) recalled the charge of the committee pursuant to Act 25 of 2016 is to review and make recommendations related to the state’s reimbursement program for construction, reconstruction and lease of public school buildings. He said the committee has accomplished that goal through a comprehensive due diligence process, multiple hearing across the state, and consultation with many stakeholders. He said they have examined Pennsylvania’s system relative to other states and worked through numerous submissions and executive sessions. Chairman Browne said the end result is a series of recommendations that would promote greater efficiency, modernization, environmental stewardship, and better utilization of available funds.

Chairman Browne said the report deals with four main categories of recommendations – the administrative process; high-performance building standards; maintenance, repairs, and modernization projects; and reimbursement formulae. He highlighted key suggestions in each category, including:

Administrative Process:

• Reduce from an 11 to a 4-step administrative process.
• Authorize the Department of Education to develop a web-based app and data collection system.

High-Performance Building Standards:

• Recognize LEED and Green Gloves as high-performance building standards.
• Provide a 10 percent incentive in the reimbursement formula for projects that recognize high-performance building standards.

Maintenance, Repairs, and Modernization Project:

• Create a project building maintenance and repair grant program by designating a 20 percent set-aside of monies appropriate for the new reimbursement program.
• Include a set-aside of five percent of monies appropriated for the new program to be dedicated to school safety projects.

Reimbursement Formula:

• Determine a base per full-time equivalent reimbursement amount using the state median structural cost of completed school building projects during the last five years as determined by the Department of Education.
• Multiply the Per Pupil Amount by the Adjustment Factor by the Building Capacity by the Wealth Factor to determine the State share.

Chairman Browne emphasized it will be up to the discretion of the General Assembly and then the governor to adopt the recommendations and allocate funding. Notwithstanding that, Chairman Browne said it is his belief that the adoption of the recommendations will greatly improve the commonwealth’s role and place in the work of local school districts.

Education Secretary Pedro Rivera thanked Chairman Browne for running the committee and members for advocating for a process “that needed significant change.”

Rep. Stan Saylor (R-York) thanked Sec. Rivera and his staff, and Senate and House staff who worked to research and put together the report. He also expressed gratitude to the school districts that the committee visited over the course of its work. He acknowledged there may be disagreements over certain parts of the report among members but overall it represents a work of compromise to benefit the state’s school districts overall.

Rep. Joe Markosek (D-Allegheny) echoed the comments of the previous speakers and thanked the committee’s membership for its work. He said that despite his long experience in the legislature, his work on the committee provided an opportunity to learn something new. He remarked there is a “vast difference in assets” among school districts in the state, which the committee realized over the course of its visits. He said he wholeheartedly support the final report.

Sen. Vince Hughes (D-Philadelphia) targeted his gratitude at staff for managing the logistics of a large and varied committee. He said the issue is one that many have been working on for years and that there is a fundamental funding issue that has to be addressed.

Sen. Andy Dinniman (D-Chester) recognized the inclusion of a five percent carveout for school safety funding and said it is a timely and excellent addition to the report.

The committee unanimously released its report.

Legislative Activity

The following bills of interest to PSPE have been introduced and/or acted upon in the past month.

Bidding / Contracting

HB 566  RE: Contractor and Subcontractor Payment (by Rep James Santora, et al)

Amends the Contractor and Subcontractor Payment Act further providing for owner’s payment obligations and for contractors’ and subcontractors’ payment obligations. If payment is not received by a contractor or subcontractor as required, the contractor shall have the right to suspend performance of any work, without penalty, until payment is received in full. Stipulates that the provisions of the act cannot be waived in a contract. Requires a written explanation of a good-faith reason to be given when the payment is retained for a deficiency item. Provides that a contractor or subcontractor to facilitate the release of retainage on its contract before final completion of the project by posting a maintenance bond with approved surety for 120 percent of the amount of retainage being held; and provides that if the withholding of retainage is longer than 30 days after the acceptance of the work, a written explanation must be provided.

Amended on Senate floor, read second time, 5/21/2018

Read third time, and passed Senate, 5/22/2018 (43-5)

Re-reported on concurrence as committed from House Rules Committee, and House concurred in Senate amendments, 5/23/2018 (175-16)
Signed in the House, 5/23/2018

Budget Related Bills

SB 1163  RE: Public-Private Partnership Infrastructure Act (by Sen. Tom Killion,et al)

Establishes the Public-Private Partnership Infrastructure Board; provides for solicitation of public-private projects and for public-private agreements; and establishes the Public-Private Account.

Introduced and referred to Senate Community, Economic & Recreational Development Committee, 5/7/2018

Environmental Building Standards

HR 924  RE: Building Safety Month (by Rep. Rob Kauffman, et al)

A Resolution designating the month of May 2018 as “Building Safety Month” in Pennsylvania.

Introduced as noncontroversial resolution, 5/17/2018
Adopted 5/22/2018 (193-0)

Local/State Government/Regulations

HB 1960  RE: State Agency Regulatory Compliance Officer Act (by Rep. Brian Ellis, et al)

Requires each state agency to designate an employee as the agency’s regulatory compliance officer. Provides for the powers and duties of the regulatory compliance officer. Requires each agency to submit an annual report to the General Assembly detailing the progress made by each agency and the regulatory compliance officer in the preceding calendar year towards compliance with this act, the number of regulated communities served, and the type of regulated communities serves.

Reported as committed from House Appropriations Committee, read third time, and passed House, 5/1/2018 (116-72)
Received in the Senate and referred to Senate Inter-Governmental Operations Committee, 5/18/2018

SB 1005  RE: County Code Updates (by Sen. John Eichelberger, et al)

Amends the County Code making extensive revisions relating to preliminary provisions; names and corporate powers, classification of counties; fixing and relocating lines and boundaries; county officers; county commissioners and chief clerks; controller; auditors; treasurer; county solicitor; engineer; sheriff and coroner; prothonotary, clerks of court, clerk of orphan’s court, register of wills, recorder of deeds; district attorney, assistants and detectives; salaries of county officers; fees of salaried county officers, salary boards, payment of solicitors appointed by county officers; fiscal affairs; contracts and special powers and duties of counties; public health; aeronautics; grounds and buildings; eminent domain and injury to property; recreation places; bridges, viaducts and culverts and roads. Allows the chief ranking deputy that remains in the office of the sheriff in the event of a vacancy to petition the court to designate someone in that office to carry out the functions of the sheriff. Provides for military and veterans affairs; and making editorial changes.

Reported as committed from Senate Appropriations Committee, 5/21/2018

Amended on Senate floor, 5/22/2018

Local/Property Tax Reform

SB 234  RE: Property Assessed Clean Energy (PACE) Programs (by Sen. John Blake, et al)

Amends Title 12 (Commerce and Trade) adding a chapter authorizing counties or municipalities to create property assessed clean energy programs, which authorize assessments for energy improvements in districts designated by municipalities. Before a real property can establish an assessment under the program and begin local financing or owner financing of a qualified project, the following shall occur: (1) Any financial institution holding a lien, mortgage or security interest in or other encumbrance of the real property that secures a current, future or contingent payment obligation must be given written notice of the real property owner’s intention to participate in the program and acknowledge in writing to the property owner and municipality or county that established the program that they have received such notice; and (2) Any financial institution required to be given notice must provide written consent to the property owner and municipality or county that established the program that the property may participate in the program. Reviews and public notice are required. An assessment and any interest or penalties on the assessment is a first and prior lien on the real property and has the same priority status as a lien for any other tax.

Reported as committed from House Commerce Committee, read first time, and laid on the table, 5/1/2018

Removed from the table, 5/2/2018

Read second time, and Rereferred to House Appropriations Committee, 5/22/2018
Reported as committed from House Appropriations Committee, read third time, and passed House, 5/23/2018 (163-28)

Permitting

HB 1959  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 tracking system for applicants to track the status of applications on their websites. Delineates the types of categories that are required for reporting to the General Assembly.

Reported as committed from House Appropriations Committee, read third time, and passed House, 5/1/2018 (112-75)
Received in the Senate and referred to Senate Inter-Governmental Operations Committee, 5/18/2018

Copies of all bills of interest can be accessed via the Internet here.