November 20, 2020

Weekly Wrap

This was the last week of session for the 2019-2020 legislative session. New members will be sworn in the first week of January and the new legislative session will begin. The 2021-2022 legislative session starts from scratch, and all bills not signed into law will have to be reintroduced.

The main agenda item this week was the completion of the 2020-2021 FY budget. A five-month budget passed at the end of May due to uncertainty in revenue projections due to COVID-19. S.B. 1350 (Browne, R-Lehigh), a supplemental budget to account for the remaining seven months of the fiscal year, passed in the House by a vote of Y:104/N:97 and in the Senate by a vote of Y:31/N:18.

It authorizes $11.4 billion in new spending, bringing the current year’s operating budget to $36.5 billion, which is about $1.3 billion or 3.8% more than FY 2019-20. In addition, there is $1.3 billion in CARES Act funding appropriated and $531 million in fund transfers.

A Fiscal Code bill, which implements the general appropriations bill, passed as well. Along with fund transfers and agency specific spending, H.B. 2536 (James, R-Venango) has the following provisions:

  • Unexpended CARES Act dollars (DCED, PHFA and county funds) as of December 1, 2020 shall be returned to the State Treasury by December 15, 2020. Remaining funds as of December 22, 2020 will be transferred to the Department of Corrections for payroll and health care expenses.
  • Unexpended appropriations for the Regional Response Health Collaborative as of December 30, 2020 will be transferred to the Department of Corrections.
  • Authorizes local governments to use a tax anticipation notes for emergency borrowing.
  • Allows the City of Harrisburg to continue to levy a local services tax for 10 years.
  • Transfers $100 million from the Budget Stabilization Reserve Fund to the General Fund.
  • Money returned to special funds, originally transferred for the COVID-19 response, shall be transferred to the General Fund.
  • Any amount transferred from the Workers’ Compensation Security Fund shall be repaid by July 1, 2028.
  • Allows a political subdivision to apply for a Keystone Opportunity Improvement Zone designation.
  • The Department of Conservation and Natural Resources shall establish a regional pilot program for ATV use on department lands.
  • The Department of Environmental Protection shall be prohibited from authorizing a grant or other payments or reimbursements totaling more than $280,000 from any fees or penalties collected or money appropriated to it complete the data analysis and report requirements of the Bituminous Mine Subsidence and Land Conservation Act.
  • Temporary Gaming Control Board regulations (table games, interactive gaming, sports wagering, casino simulcasting, and video gaming) shall expire 3 years after the date of publication.
  • Provides for the issuance of a medical marijuana dispensary permit if a permit is surrendered, revoked or otherwise forfeited.
  • Defines “customer-generator” under the Alternative Energy Portfolio Standards Act to include net-metered distributed generation systems owned, operated or supporting the Department of Military and Veterans Affairs (DMVA) on property owned or leased by DMVA.
  • A provider that delivers services subject the 21st Century Cures Act shall electronically report to DHS or its authorized contractor each visit conducted as part of the services. Information reported may be used to validate or deny claims submitted under the medical assistance program.
  • Provides for the military installation remediation program.
  • Advance copies of statutes, volumes of laws and other publications shall be published under contracts entered into by the Legislative Reference Bureau and disseminated as determined by the bureau.
  • 10% of certain surcharges for the Unified Judicial System shall be deposited in the General Fund until December 31, 2021.
  • Provides for eligibility for Tier II alternative energy portfolio credits.
  • The Department of Revenue shall make revised revenue estimates for fiscal year 2020-21 no later than the time the Governor signs the Supplement to the General Appropriation Act of 2020. The Governor shall item veto any part of the Supplement to the General Appropriation Act of 2020 that causes total appropriations to exceed the revised official estimate plus any unappropriated surplus.
  • Authorizes the Secretary of the Budget to transfer up to $200 million from personal income tax revenues to the Property Tax Relief Fund if less than $621 million is generated for the Fund.

Legislators also addressed COVID-19 liability in H.B. 1737 (Gleim, R-Cumberland), which passed in both chambers and will head to the Governor. The bill would provide liability assistance for health care providers, PPE manufacturers, schools, businesses, and government services providers. People and entities covered by the legislation would still be responsible for any intentionally wrongful acts and acts considered “reckless” and any “gross negligence”. Claims of negligence must be demonstrated by “clear and convincing evidence” rather than “by a preponderance of evidence”. The legislation does not provide complete immunity for anyone. It simply ensures that if people or entities follow public health directives established by federal or state governments, they will not be held responsible for any harm that allegedly occurred.

Furthermore, the following bills of note passed in both chambers and are heading to the Governor’s desk:

  • S.B. 790 (Scarnati, R-Jefferson), which would create a statutory framework for regulating the conventional oil and gas industry;
  • S.B. 835 (Langerholc, R-Cambria), which would provide for the funding of high-speed broadband service infrastructure deployment in unserved areas;
  • S.B. 1216 (Langerholc, R-Cambria), which would make numerous changes to the Public School Code including student assessments and pupil transportation; 
  • S.B. 1241 (Argall, R-Schuykill), which would require the Department of General Services to conduct an annual survey of state facility usage;
  • H.B. 616 (Owlett, R-Clearfield), which would add Carfentanil to the list of Schedule II drugs under the Controlled Substance, Drug, Device, and Cosmetic Act;
  • H.B. 862 (Barrar, R-Montgomery), which would authorize the Commonwealth to enter into the Physical Therapy Licensure Compact;
  • H.B. 941 (Heffley, R-Carbon), which would allow the Department of Human Services to conduct an audit of a pharmacy, pharmacy benefit manager (PBM), pharmacy services administration organization (PSAO) or other similar entity;
  • H.B. 1342 (Brown, R-Monroe), which would provide for vision screenings for students;
  • H.B. 1662 (DiGirolamo, R-Bucks), which would amend the Methadone Death and Incident Review Act to include deaths and incidents attributable to medication approved for the treatment of opioid use disorder;
  • H.B. 1808 (Mackenzie, R-Lehigh), which would amend the Solid Waste Management Act to update definitions to allow for “advanced recycling” and “advanced recycling facilities”;
  • H.B. 2233 (Greiner, R-Lancaster), which would allow political subdivisions and volunteer services to enter into an agreement for the commingling of tax-free motor fuels; and
  • H.B. 2296 (Mizgorski, R-Allegheny), which would make numerous changes to the Vehicle Code regarding commercial driver’s licenses.

While three of the four caucuses elected their leadership for the 2021-2022 legislative session last week, the Senate Democrats announced the results of their leadership elections on Thursday:

  • Leader Jay Costa (D-Allegheny)
  • Whip Tony Williams (D-Philadelphia)
  • Appropriations Committee Chairman Vincent Hughes (D-Philadelphia)
  • Caucus Chairman Wayne Fontana (D-Allegheny)
  • Caucus Secretary Maria Collett (D-Montgomery)
  • Policy Committee Chairman: Katie Muth (D-Montgomery)

COVID-19 Mitigation Efforts

On Tuesday, the Wolf Administration announced additional mitigation efforts in the fight against COVID-19.

  • The Department of Health (DOH) issued a memorandum to acute care hospitals outlining expectations to care for Pennsylvanians who need care during the pandemic.
  • DOH issued an order requiring anyone who visits from another state to have a negative COVID-19 test within 72 hours prior to entering the Commonwealth. If someone cannot get a test or chooses not to, they must quarantine for 14 days upon arrival in Pennsylvania. Pennsylvanians visiting other states are required to have a negative COVID-19 test within 72 hours prior to their return to the Commonwealth or to quarantine for 14 days upon return to Pennsylvania. This order, which takes effect on Friday, November 20, does not apply to people who commute to and from another state for work or medical treatment.
  • DOH issued an order strengthening the previous masking order. Masks are now required to be worn indoors and outdoors if you are away from your home. When outdoors, a mask must be worn if you are not able to remain physically distant (at least 6 feet away) from someone not in your household the entire time you are outdoors. When indoors, masks will now be required even if you are physically distant from members not in your household. This means that even if you are able to be 6 feet apart, you will need to wear a mask while inside if with people other than members of your household. This order applies to every indoor facility, including homes, retail establishments, gyms, doctors’ offices, public transportation, and anywhere food is prepared, packaged or served.
  • The departments of Health and Education issued recommendations for colleges and universities to implement a testing plan for when students return to campus following the holidays. These recommendations include establishing routine protocols for testing. Colleges and universities should have adequate capacity for isolation and quarantine and should be prepared to enforce violations of established policies such as mask wearing and physical distancing. Every college and university should test all students at the beginning of each term, when returning to campus after a break and to have regular screening testing throughout the semester/term.

In Other News

  • The Public Utility Commission initiated a proceeding geared toward exploring new ways to enhance reliability and resiliency within the Commonwealth’s electric distribution systems, including future utilization of novel resources such as energy storage as distribution assets for electric distribution companies.
  • The Department of Health released their COVID-19 vaccination plan.
  • A regional coalition of Governors recommended that all travel be limited and urged colleges to utilize increased remote instruction to end the fall semester.
  • The Department of Transportation requests public feedback on transportation funding.