June 16, 2017 News for the week of June 12

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1 June 16, 2017 News for the week of June Session Days for the Pennsylvania 2017 General Session Assembly Days for the Pennsylvania scheduled for session on General Assembly The House and Senate are the following days: The House House and Senate are June scheduled 19, 20, 21, for 22, 26, session 27, 28, 29, on the 30 following days: Senate House June 19, 20, 21, 22, 26, June 27, 28, 19, 29, 20, 30 21, 22, 26, 27, 28, 29, 30 Senate June 19, 20, 21, 22, 26, 27, 28, 29, 30 Looking for updates on legislation & news related to townships? Be sure to Like us on Looking for Facebook updates at on legislation & news related to townships? Follow us on Twitter Be sure to Like us on Facebook at And, as always, check out for the latest Follow updates us on Twitter And, as always, check out for the latest updates The House and Senate were both in session last week and are now in recess. Both chambers will return to Harrisburg on Monday June 19. Last week was another busy week with movement on many bills that would affect townships. As the June 30 budget deadline approaches, many options on how to fund the budget remain on the table including the severance tax and a state police tax. Stay tuned for additionally updates and alerts from PSATS. Electronic Advertising Bill Introduced Senate Bill 745 (PN 921) was recently introduced and would authorize local governments to publish legal notices electronically through a statewide bid and notice database overseen by the state Office of Open Records as well as the local government s website. PSATS supports SB 745, which is before the Senate Local Government Committee, and is urging the committee to approve the bill. The following Senators serve on this committee and we are urging grassroots members represented by these Senators to contact them this week and ask for their support of SB 745. Senator Scott Wagner Senator Scott Hutchinson Senator John Blake Senator Wayne Langerholc Senator Scott Martin Senator Thomas McGarrigle Senator Joseph Scarnati Senator James Brewster Senator Michele Brooks Senator Vincent Hughes Senator John Senator Judith Schwank Eichelberger Not sure who your Senator is? Click here to find your Senator and their contact information. PSATS is also asking all grassroots members to please provide us with your township s annual legal advertising costs for the past five years, as well as costs for different types of ads placed over the last year, such as meeting notices and ordinance advertisements. Please send costs and examples to Melissa Wilbur Morgan, PSATS Policy and Legislative Analyst, at mmorgan@psats.org. Grassroots members are also encouraged to share these examples with their state senator. Mandatory Countywide Tax Collection Bill before Senate SB 653 (PN942) would mandate that the Tax Collection Committees collect all local taxes, except for the property tax and realty transfer tax. The taxes that could only be collected through the committees appointed tax official include the per capita tax, the local services tax, the amusement tax, the business gross receipts tax, the business privilege tax, and the occupational assessment tax. The TCCs would set policies and procedures for collecting these taxes and the weighted votes would be based on all taxes collected by the TCCs. 1

2 PSATS opposes this bill because it would eliminate municipal options for tax collection and is another move toward consolidation. SB 653 was reported from the Senate Local Government Committee last week and is now before the Senate Appropriations Committee. Please ask your senator to oppose SB 653 when it is brought before the full Senate. Click here for your senator s contact information. UCC Third-Party Agency; Fee Limitation Bill Before Senate Senate Bill 663 (PN 782) would require municipalities that contract with a single third-party agency for the administration and enforcement of the Uniform Construction Code to allow applicants to choose from a list of at least three third-party agencies. The municipality would be prohibited from setting a UCC fee schedule and would have to allow the third-party agencies on this list to establish their own fee schedules. In addition, SB 663 would mandate that fees charged by municipal code enforcement programs that use township staff for enforcement and those done by an intergovernmental cooperation agreement not exceed the actual administrative costs of enforcement by more than 10 percent annually or the fee schedule would be considered excessive. These municipalities would be required to annually report their fee schedules and operating costs to the state Department of Labor and Industry, which could order a municipality to readjust a fee schedule the department believes is excessive. SB 663 is now before the Senate. PSATS opposes this bill, which would restrict township s options for administering and enforcing the UCC. Please contact your senator this week and ask them to oppose SB 663! Click here for your senator s contact information. House Local Government Committee Advances Township Bills Last week, the House Local Government Committee advanced 5 bills from committee that would positively impact townships. PSATS will continue to support these bills as they make their way through the legislative process. HB 927 (PN 910) would amend the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988, as amended) by exempting those municipalities with populations over 5,000, but have a population density of 500 or fewer people per square mile from the current requirement to establish and implement a leaf collection program for leaf waste, provided they have enacted an ordinance banning leaf burning. In many places in rural Pennsylvania, the requirement to recycle leaves is both expensive and impractical. HB 927 is now before the House. HB 1142 (PN 1365) would amend the Municipal Pension Plan Funding Standard and Recovery Act (Act 44 of 2009) to exempt municipalities with fewer than 100 employees from having to follow the mandatory requirements in the act for contracting with professional advisors for their municipal pension plans. HB 1142 seeks to relieve this burden by only requiring those plans with 100 or more active members to follow the RFP process. Municipal pension plans with less than 100 active members would be required to announce the availability of a professional services contract at two consecutive regularly scheduled public meetings and post the availability of the contract on their official website. HB 1142 is now before the House. HB 1363 (PN 1692) would amend Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes to provide for uniform residency qualifications for military personnel that had previously established their domicile, but due to their active duty obligations cannot meet the current residency requirements in order to run for elected or appointed municipal offices. 2

3 Specifically, this legislation would establish that a person will remain a resident of the local jurisdiction where they previously established their residency during a period of active military duty. The effect of this legislation would satisfy the residency requirements for holding municipal office. This provision would apply to all active personnel unless the individual officially establishes a new residence in which the individual has no intent to leave. HB 1363 is now before the House. HB 1364 (PN 2017) would amend Act 78 of 1979 regarding the procedures for municipalities and authorities when they are required to advertise for bids to enter into a contract for services and no bids are received. This legislation would authorize municipalities and authorities that have advertised for bids twice and received none to then contract for services with any provider not otherwise disqualified by law. Under current law, municipalities are authorized to enter into contracts for goods after advertising for bids twice and no bids are received. HB 1364 would extend this provision to contacts for services. HB 1364 would place the existing law for contracting for goods in conformance with this legislation by lowering the wait period from 45 to 15 days. HB 1364 is now before the House. SB 365 (PN 357) would amend Section 1504 of the Second Class Township Code to increase the dollar threshold from $1,000 to $2,000 for personal property that a township owns and wants to dispose of without going through the bidding process. Presently, the Township Code stipulates that a township cannot get rid of excess township personal property if it has a fair market value of $1,000 or more unless the property is sold through sealed bid, public auction, or electronic auction after placing a legal advertisement. SB 365 has passed the Senate and is before the House. PSATS Testifies on Recycling Act PSATS Assistant Executive Director Elam M. Herr testified before the Joint Legislative Air and Water Pollution Control and Conservation Committee on the Municipal Waste Planning, Recycling, and Waste Reduction Act (Act 101 of 1988). Herr s comments included that Act 101 has successfully accomplished its overall mission of increasing the volume of recycled materials in Pennsylvania to more than 6 million tons annually, but continuing and chronic difficulties with fickle and rapidly fluctuating markets cause concern about the sustainability of these programs. Additionally, if our recycling programs are to continue to achieve current goals, the state must continue to provide a steady and reliable source of funding. This includes reauthorization of the existing tipping fee and making the fee permanent, as proposed in Senate Bill 646. Herr explained that one of the challenges facing municipal recycling programs at this time is electronics recycling. He stated the Covered Devices Recycling Act of 2010 banned many electronic devices from landfills in 2013, but that is not working. He said there are trailers filled with devices with no willing recycler to be found so there will be more illegal dumping if something is not done. Click here to read the full testimony. 3

4 Legislative Action Township-related legislation recently signed into law by the Governor: State Pension Reform: Act 5 of 2017 enacts state and school district pension reform. Beginning in 2019, the act will require most state and school district employees to select one of three new plan design options for retirement benefits. New Pennsylvania State Police officers, corrections officers, and other hazardous duty personnel would be exempt from participation in the new plan options. The act also establishes a commission to reduce investment costs. Act 5 is expected to reduce state and school district pension expenses by $5 billion to $20 billion over 30 years. Signed: June 12, 2017 Effective: June 12, 2017 Legislative Action Township-related legislation that saw action this week in the Pennsylvania General Assembly: Police Body Cameras: SB 560 (PN 936) would amend Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedures) of the Pennsylvania Consolidated Statues related to authorize law enforcement officers who are on duty and in uniform to make audio recordings of conversations and eliminate the current requirement that the officer must first notify the individual being recorded. SB 560 would also authorize law enforcement to make audio recordings in private residences. Action: Second consideration, with amendments, in the House. Status: Before the House Appropriations Committee. Economically Significant Regulations: SB 561 (PN 886) would amend the Regulatory Review Act to require the Independent Regulatory Review Commission to submit to the General Assembly for their approval all final-form regulations with an estimated economic impact or cost of $1 million or more to the commonwealth, its political subdivisions, or the private sector. Action: Third consideration and final passage in the Senate (29-20). Status: Has passed the Senate and is before the House State Government Committee. Tax Collection: HB 16 (PN 1056) would amend the Local Tax Collection Law to require that property taxes be payable to the office of tax collector. Tax collectors would be required to open bank accounts that include the name of the office and would be prohibited from using a Social Security number to open an account. Action: Reported from the Senate Appropriations Committee. Status: Has passed the House and is before the Senate. Township Vacancies: HB 423 (PN 439) would amend the Second Class Township Code to clarify that a vacancy for the position of supervisor, tax collector, or auditor is created upon acceptance of a resignation by a majority vote of the board of supervisors at a public meeting or the effective date of the tendered resignation, whichever occurs later. Additionally, this bill would further clarify that the board of supervisors must accept a resignation no later than forty- 4

5 five days after the resignation is submitted to the board unless the resignation is withdrawn in writing prior to the acceptance. Action: Reported from the Senate Local Government Committee. Status: Has passed the House and is before the Senate. Plumbing Contractors Certification: HB 442 (PN 1929) would create the Plumbing Contractors Licensure Act, which would create a voluntary state plumbers licensing program. Action: Reported from House Appropriations Committee. Status: Before the House. Earned Income Tax: HB 866 (PN 972) would amend the Local Tax Enabling Act (Act 511 of 1965) to clarify certain provisions related to the consolidated collection of local income taxes and delinquent taxes, including the definitions of nonresident and taxpayer and the role of the state Department of Community and Economic Development to oversee the tax collection committees, tax collectors, and tax collection officers. Action: Third consideration and final passage in the House (189-0). Status: Has passed the House and is awaiting committee assignment in the Senate. Regulation of Plastic Bags: HB 1071 (PN 1270) would amend Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes to prohibit municipalities from enacting bans, fees, surcharges, or taxes on recyclable plastic bags. Action: Has passed the House and Senate. Status: On the Governor s desk. Extension of time for municipal authority projects: HB 1269 (PN 1536) would amend Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes to increase the number of years a municipal authority that serves five or more municipalities has to begin a construction project from 15 to 20. Action: Reported from the Senate Local Government Committee. Status: Has passed the House and is before the Senate. Homestead exclusions: HB 1285 (PN 1589) would amend Section 2 (relating to exemptions and special provisions) of Article VIII of the state Constitution to extend the General Assembly's authority to grant homestead exclusions to 100 percent of the assessed value of each homestead property within a local taxing jurisdiction. Note: Legislation to amend the state constitution must be passed in identical form twice by the General Assembly in consecutive legislative sessions and then be approved by the voters of the Commonwealth. Action: Third consideration and final passage in the House (190-0). Status: Has passed the House and is awaiting committee assignment in the Senate. UCC Enforcement Contracts: HB 1469 (PN 2016) would amend the Uniform Construction Code (Act 45 of 1999, as amended) to require a municipality that contracts with one or more third-party agencies for the enforcement and administration of the code to include a section on the permit application regarding complaints against the inspector. Action: Reported as amended from the House Labor and Industry Committee. Status: Before the House Rules Committee. 5

6 Federal News Content contributed by the National Association of Towns & Townships (NATaT) Trump Administration Holds "Infrastructure Week" During "Infrastructure Week, President Donald Trump said that Americans can no longer live with crumbling locks, dams, roads and bridges and outlined a plan to leverage $1 trillion in investment in U.S. infrastructure. President Trump said the plan also calls for spurring investment by reducing the time to secure needed regulatory approvals and permits from about ten years to two years. The President's FY 2018 budget proposal calls for $200 billion in direct federal spending over the next 10 years to spur at least $800 billion in spending by states, municipalities and private entities that together own most U.S. infrastructure. According to the White House, the federal funding in Trump's plan would be divided into four categories: A mixture of grants and loans to "transformative'' projects, with Trump's proposal to place the U.S. air-traffic control system under a private, non-profit corporation as an example. Grants to rural areas to repair bridges, roads, and waterways. Enhanced loan programs, with the Transportation Infrastructure Finance and Innovation Act, as an example of how federal funds can be used with state, local, and private dollars to fund highway projects. Incentive programs with grants to states and municipalities to create additional funding for infrastructure. The White House has not detailed the source of the $200 billion or the breakdown in spending. The Administration has said a full legislative package could be ready by this fall. President Trump also held a listening session at the White House with a group of mayors and governors and made a visit to the Transportation Department, where he discussed drastically reducing the time it takes to obtain federal permits for projects and the announcement of a new council designed to "help project managers navigate the bureaucratic maze [and] improve transparency by creating a new online dashboard allowing everyone to easily track major projects through every stage of the approval process" as well as a new office within the White House Council on Environmental Quality to "root out inefficiency, clarify lines of authority, and streamline federal and state and local procedures so that communities can modernize their aging infrastructure without fear of outdated federal rules getting in their way." More News from Around the State Right to Know Law Costs Survey: All Townships Should Plan to Participate HR 50 directs the Legislative Budget and Finance Committee (LB&FC) to conduct a study concerning the fiscal impact on local, county, and commonwealth agencies for the implementation of the Right-to-Know Law. LB&FC staff have prepared a survey for the government agencies subject to the law to assist in identifying the costs associated with the law and provide input for the study. They are interested in your township s response even if you have had few to no Right-to-Know Law requests. It is imperative that your township complete the survey. 6

7 Click here to access the survey. The deadline for survey completion is June 30. Only one representative per township should complete the survey. Questions can be directed to Louis Day or Terry Beam They can also be reached by calling (717) Transportation Grants Available The state Department of Transportation is accepting online applications until June 30, 2017 for Automated Red Light Enforcement Transportation Enhancement Grants (ARLE). These grants are available to improve safety and reduce congestion and a wide-ranging list of safety and mobility projects are eligible. Applications can be accessed here. Capitol Calendar Legislative Committee Meetings for the Week of June 19: (when we went to press): MONDAY - 6/19/17 House Democratic Policy Committee 10:00 a.m., Room 418, Main Capitol Public hearing on College Affordability. House Veterans Affairs & Emergency Preparedness 10:00 a.m., Room 205, Ryan Office Building Informational meeting to receive input regarding the use of micro grids to provide reliable energy distribution, especially during disaster emergencies. House Education 11:00 a.m., Room G-50, Irvis Office Building To consider: HB 121 Kaufer, amends Public School Code re abuse program; HB 1021 Roebuck, amends Public School Code re Fire Drills; HB 1448 Cutler, amends Public School Code re HEAT Act; and HB 1495 Bloom, amends Public School Code re teacher seniority. House Appropriations Off the Floor, Room 140 Main Capitol Agenda TBA. House Environmental Resources and Energy Off the Floor, Room 205, Ryan Office Building To consider: HB 1333 Gabler, amends Surface Mining Conservation Act; HB 1341 Pyle, amends Bituminous Coal Mine Safety Act re EMS; and SB 624 Scarnati, amends Bituminous Mine Subsidence Act. House Ethics Off the Floor, Room B31, Main Capitol Voting meeting on committee reorganization and to vote on committee rules. 7

8 Senate Appropriations To consider: SB 180 Greenleaf, amends Title 20 re Organ Donation; SB 325 Hughes, Act re University of Pennsylvania appropriations; SB 326 Hughes, supplement re agricultural colleges; SB 327 Hughes, supplement re University of Pittsburgh; SB 328 Hughes, supplement re Temple University; SB 329 Hughes, supplement re Lincoln University; SB 446 McGarrigle, amends Title 68 re recovery houses; SB 662 amends Titles 18 & 42 re drug delivery; SB 741 Greenleaf, amends Title 42 re court funding; HB 217 Kauffman, amends Title 18 re endangering a child; and HB 1238 Stephens, amends Titles 3, 18, 22, 34, & 42 re animals. Senate Education To consider: SB 756 Dinniman, amends Public School Code re Keystone Exams and HB 178 Day, amends Public School Code re security drills. Senate Environmental Resources and Energy To consider: SB 334 Fontana, amends act re sewage disposal re lateral lines; SB 639 Fontana, amends PennVEST re sewer line repair; SB 692 Blake, amends PA Sewage Facilities Act re Permits; and HB 290 Metzgar, amends Storage Tank & Spill Prevention Act. Senate Local Government To consider: SB 656 Fontana, amends Title 53 re Private Water Lines. Senate Rules and Executive Nominations To consider certain executive nominations and: SR 146 Browne, resolution re temporary Senate rule. TUESDAY - 6/20/17 House State Government 9:00 a.m., Room G-50, Irvis Office Building Public hearing on state government regulations: potential solutions to improving oversight and relieving regulatory burdens. House Agriculture and Rural Affairs 9:15 a.m., Room 140 Main Capitol To consider: HB 1518 Causer, amends Admin Code re Agricultural Lands Board and HB 1550 Klunk, amends Agricultural Area Security Law re farms. House Game and Fisheries 9:15 a.m., Room 205, Ryan Office Building Informational meeting on hunting and fishing license fees. House Finance 9:30 a.m., Room 60, East Wing To consider: HB 1385 Miller, amends Tax Reform Code re PA 529 contributions. 8

9 Senate Community, Economic & Recreational Dev 10:00 a.m., Hearing Room 1, North Office Building Public hearing on the funding and delivery of the PREP Programs, as well as the economic impact to the commonwealth. Senate Agriculture and Rural Affairs 11:00 a.m., Room 461, Main Capitol To consider: HB 187 Sonney, amends Agricultural Area Security Law and HB 790 Pashinski, Act re Controlled Plant and Noxious Weed Act. House Appropriations Off the Floor, Room 140 Main Capitol Agenda TBA. Senate Finance To consider: SB 760 Hutchinson, amends Tax Reform Code re Data Center and SB 770 Hutchinson, amends Tax Reform Code re tech tax repeal. WEDNESDAY - 6/21/17 House Aging and Older Adult Services 9:00 a.m., Room 60, East Wing Informational meeting to receive testimony regarding community senior centers and meals on wheels of Pennsylvania. House Tourism and Recreational Development 9:00 a.m., Room 205, Ryan Office Building Informational meeting with a presentation by representatives from USA 250 on the semiquincentennial of the United States. Senate Labor and Industry 9:00 a.m., Hearing Room 1, North Office Building Public hearing on: SB 429 Martin, amends apprenticeship Act re On-The-Job. House Commerce 9:30 a.m., Room B31, Main Capitol To consider: HB 1094 Barrar, amends Credit Reporting Act re security freeze and HB 1519 Ellis, amends Tax Reform Code re Multimedia. House Professional Licensure 9:30 a.m., Room G-50, Irvis Office Building To consider: HB 1001 Helm, act re home inspector licensure and SB 354 Tomlinson, act re reporting requirements. 9

10 Senate Health and Human Services 10:00 a.m., Room 461 Main Capitol To consider: SB 6 Regan, amends Human Services Code re verification; SB 655 Yaw, amends Controlled Substance Act re prescribing; HB 424 Benninghoff, amends Vital Statistics Law re certificates; and HB 45 Godshall, act re Right to Try. House Appropriations Off the Floor, Room 140 Main Capitol Agenda TBA. THURSDAY 6/22/17 House Human Services 9:00 a.m., Room 60, East Wing Public hearing on Medicaid and the Affordable Care Act, changes being discussed and the effect on Medicaid recipients. House Health 9:30 a.m., Room G-50, Irvis Office Building Agenda TBA. House Veterans Affairs & Emergency Prepared. 10:00 a.m., Room B31 Main Capitol To consider: HB 697 Sainato, joint resolution re armed forces spouses; HB 1412 Barrar, amends Title 66 re emergency preparedness; and HB 980 Boback, amends Title 51 re veterans compensation. House Appropriations Off the Floor, Room 140 Main Capitol Agenda TBA. FRIDAY - 6/23/17 Senate Local Government 11:00 a.m., City Council Chambers, City Hall, Room 400, Philadelphia Public hearing on Philadelphia soda tax. Looking for this week s issue of the Pennsylvania Bulletin? Click here 10