October 29, 2021

Weekly Wrap

While last week was relatively quiet at the Capitol, this week was anything but, as the House of Representatives and Senate were in session for three days.

On Monday, the House Environmental Resources and Energy Committee held a public hearing on revisions to the biosolids management permit followed by a voting meeting to report out H.R. 148 (White, R-Philadelphia), which would urge the Environmental Protection Agency to revise the nationwide Renewable Fuel Standard.

Tuesday, the House Urban Affairs Committee reported out H.B. 1935 (White, R-Philadelphia), which would reauthorize the Pennsylvania Intergovernmental Cooperation Authority Act for the City of Philadelphia. Then the House Human Services Committee reported out:

  • H.B. 1308 (Schlossberg, D-Lehigh), which would allow local communities and agencies to establish overdose fatality review teams;
  • H.B. 1561 (Farry, R-Bucks), which amend the Mental Health Procedures Act, and H.B. 1563 (Cutler, R-Lancaster), which would amend the Drug and Alcohol Abuse Control Act, in order to align Health Insurance Portability and Accountability Act of 1996 (HIPAA) standards in order to permit providers, facilities and health plans to more easily share patient mental health and substance use disorder-related information; and
  • H.B. 1995 (DelRosso, R-Allegheny), which would require the Department of Drug and Alcohol Programs to develop or adapt state-specific criteria governing placement of people seeking treatment in licensed addiction treatment programs.

Furthermore, the House Aging and Older Adult Services Committee held a public hearing on:

  • H.B. 1356 (Day, R-Lehigh), which would increase the reimbursement rate for guardians of older adults from $100 to $300;
  • H.B. 1890 (Gillen, R-Berks), which would require background checks for prospective guardians and prohibit convicted felons from serving as guardians; and
  • H.B. 1928 (Day, R-Lehigh), which would make the appointment of counsel mandatory in guardianship cases.

In the upper chamber, the Senate Appropriations Committee reported out S.B. 915 (Browne, R-Lehigh), which is the Capital Budget Protection Itemization Act of 2021-2022. The committee also reported out S.B. 347 (DiSanto, R-Dauphin), which would exempt like-kind exchanges of property from the state personal income tax; and H.B. 1082 (DelRosso, R-Allegheny), which would require the Department of Health to establish and maintain an early detection and diagnosis of Alzheimer’s disease toolkit.

S.B. 705 (Vogel, R-Beaver) passed in the Senate and will now be considered by the House. The bill would establish the Telemedicine Act. The full House sent H.B. 889 (Miller, R-Lancaster) to the Senate. The bill would permit graduates of foreign nursing schools to take the state nursing licensure exam. They also adopted H.R. 142 (Heffley, R-Carbon), which directs the Joint State Government Commission to conduct a comprehensive study and review of the State Board of Nursing.

Wednesday, the House Agriculture and Rural Affairs Committee reported out S.B. 251 (Yaw, R-Lycoming), which would provide for the use, sale, and distribution of fertilizer. The Senate Health and Human Services Committee reported out S.B. 924 (Brooks, R-Mercer), which would institute a moratorium on the closing of the Polk and White Haven State Centers. In addition, the Senate Communications and Technology Committee reported out S.B. 482 (Phillips-Hill, R-York), which would consolidate the Commonwealth’s information technology systems.

The House finally passed two bills of note that will go to the Senate for consideration: H.B. 1260 (Thomas, R-Bucks), which would expand the income eligibility limits for the PACENET program, eliminate the PACENET premium “clawback”, and permit the Department of Aging to require PACE and PACENET enrollees to enroll in Medicare Part D; and H.B. 1819 (Labs, R-Bucks), which would amend the unemployment compensation law to clarify that a claimant may not take actions to discourage their own hiring in the work search requirement process.

The Senate passed S.B. 349 (Hutchinson, R-Venango), which would increase the limit for personal income tax deductions from $25,000 to $1,050,000. S.B. 275 (Yaw, R-Lycoming) also passed finally and heads to the House. The bill would prohibit a municipality from adopting a policy that restricts or prohibits a utility service based upon the type of source of energy. The House Local Government Committee reported out the companion bill, H.B. 1947 (O’Neal, R-Washington).

Lastly, and most notably, the Senate adopted SCR 1 (Yaw, R-Lycoming). The Senate Concurrent Regulatory Review Resolution disapproves of the Environmental Quality Board’s regulation regarding the Regional Greenhouse Gas Initiative (RGGI). The House must adopt the resolution before it reaches the Governor’s desk.

The Week Ahead

Pennsylvania’s Municipal Election will take place on Tuesday, November 2. Polls will be open on from 7 a.m. – 8 p.m. Mail ballots must be received by the county board of elections by 8 p.m. on Election Day.

Here’s a look at the statewide judicial races on the ballot:

Supreme Court

The Pennsylvania Supreme Court the highest court in the Commonwealth and the oldest appellate court in the nation. Most often, but not exclusively, the court reviews:

  • Requests for discretionary appeals from the Commonwealth Court and Superior Court;
  • Direct Appeals from a lower court’s decision, including when a sentence of death is issued;
  • Requests to intervene in a lower court’s proceedings; and
  • Requests to deliver a body from illegal detention

There is one seat open on the court. Superior Court Judge Maria McLaughlin (D) will face Commonwealth Court Judge Kevin Brobson (R).

Superior Court

The Pennsylvania Superior Court is one of two statewide intermediate appellate courts. It is responsible for appeals in criminal and most civil cases from the Courts of Common Pleas and appeals on matters involving children and families

There is one open seat on the court. Philadelphia Court of Common Pleas Judge Timika Lane (D) will face Deputy Attorney General Megan Sullivan (R). In addition, two judges face retention votes: John Bender (R) and Mary Jane Bowes (R).

Commonwealth Court

The Commonwealth Court is the second statewide intermediate appellate court. It is primarily responsible for matters involving state and local governments and regulatory agencies. It also acts as a trial court when lawsuits are filed by or against the Commonwealth.

There are two open seats on the court. The candidates are Philadelphia Court of Common Pleas Judge Lori Dumas (D), Allegheny Court of Common Pleas Judge David Spurgeon (D), Bradford County attorney Stacy Wallace (R), and Commonwealth Court Judge Drew Crompton (R). Moreover, two judges face retention votes: Anne Covey (R) and Renee Cohn Jubelirer (R).

Special Elections

In addition to the judicial races, two special elections will take place to fill vacant seats in the Pennsylvania House of Representatives:

  • HD-113 (Lackawanna): Gina Curry (D) will face Brian Taylor (R) to replace former Rep. Marty Flynn (D); and
  • HD-164 (Delaware): Thom Welby (D) will face Dominick Manetti (R) to replace former Rep. Margo Davidson (D).

In Other News

  • Governor Wolf issued an Executive Order to address environmental justice and support low-income communities and communities of color that are adversely impacted by environmental issues with accompanying adverse health impacts.