Summary of Legislative Activity | July 2024 – Pennsylvania Society of Professional Engineers

Summary Legislation

Governor Shapiro and General Assembly Agree on FY 2024/25 State Budget

Governor Josh Shapiro signed a $47.6 billion budget package into law late on the evening of Thursday June 11th, ending an 11-day delay from the deadline in the State’s Constitution. The package is a 6% increase from last year’s budget but $700 million less than Shapiro’s initial proposal in February. The package includes several of key initiatives, including a $1 billion increase in K-12 funding, childcare tax credit for employers, gap funding for mass transit, a cap on the net operating loss business tax, and funding for site development to attract and retain employers. The budget will pull $3 billion of the state’s surplus but leave approximately $10.5 billion in the State’s reserves.

Gov. Shapiro stated, “Since my first day in office, I’ve been focused on getting stuff done for the good people of Pennsylvania, solving the most pressing problems we face, and bringing people together in a bipartisan manner to deliver results – and I’m proud to sign this budget into law that makes historic investments in education and economic development, while continuing investments in public safety and violence prevention, all while cutting costs and reducing taxes,” said Governor Josh Shapiro. “Pennsylvania is the only state in the nation with a divided legislature – and I’m proud that we came together with leaders in both Chambers and both parties to show that we can do big things together to make Pennsylvanians’ lives better.”

Senate Majority Leader Joe Pittman (R-Indiana) offered, “this budget is built on two fundamental principles – honesty and empowerment. It’s honest about the realities and the limitations of divided government. It’s honest about finding new ways to fund educational opportunities, helping those who provide health care and human services, and paying our commonwealth’s bills with no tricks, gimmicks or games.” Pittman continued, “this is also a budget that empowers. It empowers parents to make decisions to benefit their children, job creators through permitting reforms and improving our state’s tax policies, law enforcement to maintain law and order, and taxpayers with $700 million more committed to our Rainy Day Fund.”

The final package does not include several items the Governor proposed in his February Budget Address, as well as items that the Legislature had championed as priorities, such as an increase to the minimum wage, comprehensive regulatory and permitting reform, legalization of recreational marijuana, and changes to skilled game regulations.

The budget package included a General Fund (SB1001), Tax Code (SB654), Fiscal Code (HB2310), and School Code (SB700). More details here and below:

A childcare tax credit for employers
$2.5 million to create a Local Government Emergency Housing Support program for our cities and counties.
Raises the cap for PHARE funding to $100 million per year by 2026, nearly doubling the Commonwealth’s commitment to building more affordable housing.
$5 million increase for the Homeless Assistance Program, where rental assistance, bridge housing, emergency shelter, eviction prevention, and other innovative supportive housing services can be provided.
$2.5 million in access to counsel for those facing eviction proceedings.
$15 million for the Pre-K Counts program.
$2.7 million for the Head Start Supplement Assistance program to support early learners and stabilize our workforce.
$1.11 billion in total increases in K-12 public education funding – and drives those dollars out in a more equitable manner to the schools that need it most under a new formula
A $100 million increase for special education funding, reinforcing Pennsylvania’s commitment to equitable education for all students.
A $100 million cyber charter reimbursement to better align tuition with the actual costs of providing an online education and save school districts millions annually.
$80.5million for mass transit
Community colleges will see a $15.7 million or 6 percent increase.
PASSHE will see a $35.1 million, or 6 percent increase
$25million in initial funding for the formation of two new state student scholarship programs for Higher Education for students who pursue a degree in a high-demand industry such as education, engineering and nursing, and agree to work in Pennsylvania for 12 months for every year the student receives a grant.
$30 million increase in Career and Technical Education (CTE) programming and equipment and to invest in apprenticeship programs
The net-operating-loss (NOL) carry forward increase from 40% to 80% over four years.
$20 million in state funding for small minority-, women-, and veteran-owned businesses across the Commonwealth.
$500 million for the PA SITES program for shovel-ready industrial sites
$60 million for the Research & Development Tax Credit

The final state budget included a transfer of $50 million to the Clean Streams Fund initially created in 2022. The Clean Streams Fund was established to support the Agriculture Conservation Assistance Program and provides aid to projects that reduce water pollution from abandoned mines and runoff from suburban and urban areas. The budget also includes a SPEED third-party permit review program. The program, funded by applicants, is established for individual and general Chapter 102 erosion and sedimentation, Chapter 105 water encroachment permits, and air quality permits. Additionally, the budget funds several permitting process improvement initiatives, which Governor Shapiro proposed. The Oil and Gas Regulatory Program also received more funding and is intended to compensate for a significant decline in new oil and gas permit applications, which is how the program was usually funded.

Other notable enactments included in this year’s budget include several grant programs, including $50 million for the PA Small Water and Sewer Program, administered by the Commonwealth Financing Authority. This grant is part of a new $500 million bond issue authorized by the Pennsylvania Strategic Investments Economic Development Program. A grant program worth $10 million to support innovations in energy efficiency, reduction of water consumption, odor reduction, and water quality was also enacted. An additional $25 million grant program created under HB 1032, sponsored by Representative Liz Fiedler (D-Philadelphia), will fund solar energy facilities at schools. SB 831, sponsored by Senator Gene Yaw (R-Lycoming), established a framework for the authorization of the geological sequestration of carbon dioxide through injection wells.
SB 656, sponsored by Senator Rothman (R-Cumberland), established a new tax on electric and plug-in hybrid cars.

The Clean Streams Fund receives a $50 million annual transfer. The distribution of funds is adjusted as follows: 71.5% (up from 70%) to the State Conservation Commission, 12% (up from 10%) to PennVEST, 10% to the Nutrient Management Fund, 4% to the DEP for Stormwater Management Grants, 0.5% (down from 4%) to the DCNR for the Keystone Tree Restricted Account, and 2% for Abandoned Mine Drainage Abatement.

Phillips-Hill’s Regulatory Reform Bill Incorporated into State Budget

In a significant move toward cutting government red tape, the state budget approved by the General Assembly included major regulatory reform efforts championed by Sen. Kristin Phillips-Hill (R-York).

As part of the comprehensive amendments to the state’s Fiscal Code, the measure includes an overhaul of the permitting process for land, air and water-related permits required by the Department of Environmental Protection (DEP) and county conservation districts for development.

“This is a major win for the future of our Commonwealth,” Phillips-Hill said. “By cutting through the red tape, we’re not only supporting our current businesses and communities, but also laying the groundwork for future growth and prosperity in Pennsylvania. I am tired of losing jobs and economic opportunity to other states because Pennsylvania’s regulatory delays are too burdensome and make us uncompetitive. This effort will ensure that, regardless of whoever occupies the governor’s mansion or serves in the legislature, Pennsylvania is always open for business.”

The measure – Streamlining Permits for Economic Expansion and Development (SPEED) Program – contains a sweeping overhaul to expedite the permitting process utilized by DEP and county conservation districts, including:

Expedited Permit Review by a Third-Party: Applicants will be able to utilize third-party entities approved by the state to expedite the review process for air, land and water permits issued by DEP and county conservation districts.

Permit Application Tracking System: Applicants will be able to check the status of their permits online, including processing times, review dates, and estimated time remaining for each phase.

Increased Accountability for DEP: The department will be held accountable for costs incurred by permit applicant for a priority review for failure of permit decision within allotted time period.

The language includes key elements from Senate Bill 350, sponsored by Sens. Phillips-Hill and Greg Rothman (R-Cumberland/Dauphin/Perry), which the Senate approved earlier this session with bipartisan support, as well as Gov. Josh Shapiro’s 2023 executive order.

“Growing our economy, creating new jobs, and putting Pennsylvania on a path to prosperity is not partisan, it’s commonsense. I am glad we were able to get this across the finish line,” Phillips-Hill added.

State Registration Board for Professional Engineers, Land Surveyors and Geologists July 24 Meeting Notes

The State Registration Board for Professional Engineers, Land Surveyors and Geologists met on July 24, via hybrid meeting format. Following are the highlights.

∙ Board President Joe McNally, PG, presided, and welcomed the members, including new Board member Scott Reeser, PLS. He had no further report.

∙ Board member reports: Lisa Peterson, PE, reported that the NCEES committee that was formed to investigate scholarships to assist students with taking the exam had not yet met. More information to come at the annual conference in August.

∙ Board Prosecution Liaison Angela Solomon, Esq. presented one Consent Agreement, which the Board had discussed in Executive Session and the consent agreement was approved.

∙ Board Counsel Ashley Goshert, reported on the status of SB 403, which became law on June 28. She also presented one other cases for the board to consider, which was tabled to the next meeting. She had no regulatory report, but noted that the board may need to look at clarification of the PLS exam. Board member Martin Helmke, PG, asked if the board could consider adding a requirement of one PDH credit on Ethics, as other boards have done. Regulatory Counsel Marc Farrell explained the process, including determining what statutory authority the Board would have to make the change.

∙ Acting Commissioner Arion Claggett reported that there is now a new Board’s website.

∙ Board Administrator Kristel Hennessey Hemler presented shared her screen to demonstrate the functions of the new Board website.

The Board discussed possibly taking one or more board meetings per year “on the road”, to locations outside of Harrisburg, to give more access to licensees in other parts of the state. Commissioner Claggett asked Board members to suggest sites, and provide contact information for those sites.

Member of the public John Fuehrer noted that recently he has seen plans that were not sealed, and surveys referenced incompletely. He asked the board to look into providing some guidance to licensees and municipalities about the requirements, and to suggest how one can file a complaint anonymously.

The next meeting is September 25, 2024, with both in-person and virtual options for attendees, at the new location, 2525 N. 7^th Street, Harrisburg. Public Session begins at 11 AM

Remaining 2024 dates: September 25, and November 13.

2025 dates: January 30, March 27, May 15, July 24, September 18, November 13

This Month in the 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 2310 RE: Fiscal Code (by Rep. Paul Takac, et al)

An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in emergency COVID-19 response, further providing for emergency education relief to nonpublic schools; providing for State Health Insurance Exchange Affordability Program; in Treasury Department, further providing for investment of moneys; in oil and gas wells, further providing for Oil and Gas Lease Fund; in transportation network companies, motor carrier companies and parking authority of a city of the first class; providing for operation of taxicabs; in assessments, further providing for intermediate care facilities for persons with an intellectual disability assessments and for hospital assessments; in Attorney General, providing for costs of investigation and litigation under Unfair Trade Practices and Consumer Protection Law; providing for Pennsylvania Minority Business Development Authority and for Agriculture Innovation Grant Program; in special funds, providing for Pennsylvania Convention Center; in Tobacco Settlement Fund, further providing for establishment of special fund and account and for use of fund; in Pennsylvania Race Horse Development Fund, further providing for distributions from Pennsylvania Race Horse Development Fund; in miscellaneous limitations and transfers, providing for refund of 2009 assessment by Insurance Department; in Clean Streams Funds, further providing for Clean Streams Fund; in Service and Infrastructure Improvement Fund, further providing for deposits; in general budget implementation, further providing for Executive Offices, for Department of Agriculture, for Department of Community and Economic Development, for Department of General Services, for Department of Labor and Industry, for Pennsylvania Emergency Management Agency and for Commonwealth Financing Authority, providing for Mixed-Use Revitalization Program, further providing for Supreme Court, for Federal and Commonwealth use of forest land and for Multimodal Transportation Fund and providing for School Safety and Security Fund; in 2023-2024 budget implementation, further providing for Department of Human Services and for Department of Transportation; providing for 2024-2025 budget implementation, for 2024-2025 restrictions on appropriations for funds and accounts, for Streamlining Permits for Economic Expansion and Development Program, for Pennsylvania Strategic Investment to Enhance Sites (PA SITES) Program and for fiscal supplements to statutory programs; making repeals; and making an editorial change.

Re-reported as amended from Senate Appropriations Committee, read third time, and passed Senate, 7/11/2024

Referred to House Rules Committee, re-reported on concurrence, as committed from House Rules Committee, and House concurred in Senate amendments, 7/11/2024

Signed in House and in the Senate, 7/11/2024

Approved by the Governor, 7/11/2024. Act No. 54 of 2024

HB 2425 RE: Pennsylvania Strategic Investments to Enhance Sites (PA SITES) Program (by Rep. Kyle Donahue, et al

An Act providing for the funding of the development of comprehensive regional plans, competitive sites for businesses to locate or expand within this Commonwealth and competitive industrial and nonindustrial sites by assisting in the reduction of development risk; establishing the Pennsylvania Strategic Investments to Enhance Sites (PA SITES) Program, the PA SITES Fund and the PA SITES Debt Service Restricted Account; and conferring powers and duties on the Department of Community and Economic Development Pennsylvania Economic Development Financing Authority. Similar language was inserted into HB 2310.

Referred to Senate Community, Economic & Recreational Development Committee, 7/12/2024

SB 1001 RE: General Appropriation Act of 2024 (by Sen. Scott Martin, et al)

Provides appropriations from the General Fund for the expenses of the Executive, Legislative and Judicial Departments of the Commonwealth, the public debt and the public schools for the fiscal year July 1, 2024, to June 30, 2025, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2024; to provide appropriations from special funds and accounts to the Executive and Judicial Departments for the fiscal year July 1, 2024, to June 30, 2025, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2024; to provide for the appropriation of Federal funds to the Executive and Judicial Departments for the fiscal year July 1, 2024, to June 30, 2025, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2024. Effective July 1, 2024, or immediately, whichever is later.

Re-reported as amended from House Appropriations Committee, read third time, and passed House, 7/11/2024

Referred to Senate Rules & Executive Nominations Committee, re-reported on concurrence, as committed from Senate Rules & Executive Nominations Committee, and Senate concurred in House amendments, 7/11/2024

Signed in Senate and in the House, 7/11/2024

Approved by the Governor, 7/11/2024. Act 1A of 2024

SB 1002 RE: Professional Licensure Augmentation Account Appropriation (by Sen. Scott Martin, et al)

An Act making appropriations from the Professional Licensure Augmentation Account and from restricted revenue accounts within the General Fund to the Department of State (DOS) for use by the Bureau of Professional and Occupational Affairs in support of the professional licensure boards assigned thereto. Appropriates $74,480,000 from the Professional Licensure Augmentation Account within the General Fund to DOS for the operation of the Bureau of Professional and Occupational Affairs for the 2024-2025 fiscal year. Appropriates $11,240,000 from the restricted receipts account of the State Board of Medicine for the operation of the board for the 2024-2025 fiscal year. Appropriates $3,194,000 from the restricted receipts account of the State Board of Osteopathic Medicine for the operation of the board for the 2024-2025 fiscal year. Appropriates $442,000 from the restricted receipts account of the State Board of Podiatry for the operation of the board for the 2024-2025 fiscal year. Appropriates $908,000 from the Athletic Commission Augmentation Account for the State Athletic Commission for the support and operation of the commission for the 2024-2025 fiscal year. Directs the listed appropriations to be treated and accounted for as separate appropriations from DOS, general government or other appropriations. Effective July 1, 2024, or immediately, whichever is later.

Re-reported as committed from House Appropriations Committee, read third time, and passed House, 7/9/2024

Signed in Senate and in the House, 7/10/2024

Approved by the Governor, 7/10/2024. Act 2A of 2024

Energy Development Bills

HB 1032 RE: Solar for Pennsylvania Schools (by Rep. Elizabeth Fiedler, et al)

The Solar for Schools Act establishes the Solar for Schools Grant Program; and provides for powers and duties of the Department of Community and Economic Development (DCED). Provides and revises several definitions. Establishes the grant program in DCED and provides that the department will award grants to eligible applicants. Provides for the use of grants and grant awards. Outlines the duties of DCED, making editorial changes. Establishes the manner in which an eligible applicant shall submit an application, striking certain language and providing requirements for an affidavit that the application shall include. Removes language providing for the prevailing wage requirement. Provides provisions for payment and project delivery. Specifies that an eligible applicant may receive a grant of up to 50 percent of the eligible project costs for the solar energy project. Strikes current language providing for grant awards and requires the department to develop a rubric to prioritize grant awards, outlining what the rubric shall consider. Provides for limitations, guidelines and an administrative fee. Effective July 1, 2024, or immediately, whichever is later.

Amended on Senate floor, and re-referred to Senate Appropriations Committee, 7/9/2024

Re-reported as committed from Senate Appropriations Committee, read third time, and final passed Senate, 7/10/2024

Referred to House Rules Committee, 7/10/2024

Re-reported on concurrence, as committed from House Rules Committee, and House concurred in Senate amendments, 7/11/2024

Signed in House and in the Senate, 7/11/2024

Approved by the Governor, 7/17/2024 Act 68 of 2024

SB 831 RE: Carbon Dioxide Geologic Sequestration Primacy Act

An Act providing for the injection of carbon dioxide into an underground reservoir for the purpose of carbon sequestration, for the ownership of pore space in strata below surface lands and waters of the Commonwealth, for conveyance of the surface ownership of real property; imposing duties on the Department of Environmental Protection; and establishing the Carbon Dioxide Storage Facility Fund.

Re-reported as committed from House Appropriations Committee, read third time, and passed House, 7/11/2024

Signed in House and in the Senate, 7/11/2024

Approved by the Governor, 7/17/2024 Act 87 of 2024

Professional Licensure

SB 1242 RE: Continuing Education Enhancement Act (by Sen. Judy Ward, et al)

Amends Title 63 (Professions and Occupations (State Licensed)), in powers and duties, adding a section to provide for continuing education tracking system. Directs the bureau to implement an electronic or cloud-based continuing education tracking system for use by each licensing board and licensing commission to which a licensee, registrant, certificate holder or permit holder is required to provide proof of continuing education compliance for license, registration, certificate or permit renewal in a practice act. Outlines system requirements. Requires the bureau to develop a plan for implementation of the continuing education tracking system no later than 60 days after the effective date. Requires the bureau to ensure that the continuing education tracking system is operational no later than 18 months after the effective date, allowing the bureau to contract with a third-party entity to establish the system. Provides for use of system and for construction. Effective in 60 days.

Read second time, re-referred to Senate Appropriations Committee, and re-reported as committed from Senate Appropriations Committee, 7/8/2024

Read third time, and passed Senate, 7/9/2024

Referred to House Education Committee, 7/10/2024

Upcoming Meetings of Interest

Some House Committee meetings and session can be viewed online at: https://www.pahouse.net/LegisTrak/CommitteeMeetings

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

Fall 2024 House Session Schedule (Subject to Change)

September 23, 24, 25, 30

October 1, 2, 21, 22, 23

November 12, 13

Fall 2024 Senate session schedule

September 16, 17, 18, 30

October 1, 2, 7, 8, 9, 21, 22, 23

November 13, 14

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

PUBLIC WELCOME

All Board meetings are held in person and remotely via Teams. In-person meetings will be held at a new location: 2525 N. 7^th Street, Harrisburg, PA

https://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/EngineersLandSurveyorsandGeologists/Pages/General-Board-Information.aspx#.VHNkfFZOk5s

2024 meeting dates: July 24, September 25, November 13

2025 dates: January 30, March 27, May 15, July 24, September 18, November 13

State Geospatial Coordinating Board

1 Technology Park, Commonwealth Technology Center (CTC), Harrisburg, PA 17110

1:30 PM – 3:00 PM

Remaining 2024 Meeting Schedule: August 15, November 21

https://www.oa.pa.gov/Programs/Information%20Technology/Pages/geoboard.aspx

L&I: UNIFORM CONSTRUCTION CODE REVIEW AND ADVISORY COUNCIL MEETINGS

https://www.dli.pa.gov/ucc/Pages/UCC-Review-and-Advisory-Council.aspx

The Department of Labor and Industry’s Uniform Construction Code Review and Advisory Council will hold a meeting at 9 a.m. on Thursday, July 25, 2024. Individuals who do not have the Zoom software may download the software. Questions concerning this meeting may be directed to Kristen Gardner at (717) 346-1497. Additional information is available on the Pennsylvania Bulletin. https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol54/54-27/951.html

Future meeting dates can be found below, and agenda topics will be added once available. All Council meetings will be held virtually until further notice.

https://zoom.us/j/3611316502?pwd=U0N1QVdQRFJjVE1YT20wdGZiVDVsQT09

Meeting ID: 361 131 6502

Passcode: 259161

Dial by your location:
+1 929 205 6099 US (New York)
Find your local number:
https://zoom.us/u/adX66zPHZ

Next meeting dates (all meetings start at 9 AM: July 25, September 12, 2024