At Home In Berks Fall 2021 - 54

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PBA is currently neutral on HB 424. While we agree that
a plumbing contractor should not be responsible for an
electrician's faulty work - we are opposed to a blanket antiindemnification
statute - however this bill would allow for
limited forms of indemnification where the subcontractor
assumes responsibility for its own negligence.
Interior Designer Registration:
House Bill 1258 creates the Interior Designer Registration
Act. The bill would require interior designers that meet
specified education and experience requirements to be
registered with the Bureau of Consumer Protection in the
Attorney General's Office and allow for the submission
of interior construction documents as required to obtain
building permits in Pennsylvania.
Under Pennsylvania's Uniform Construction Code only
an architect or professional engineer may prepare the
construction documents required to obtain a building
permit.
This bill creates a title restricted Registered Interior
Designer and allows the registered interior designer to
independently design and submit non-load-bearing interior
construction plans. The registration process will be the
same as the current process used for contractors under
HICPA. Interior designers who are not registered would
still be authorized to use the title Interior Designer and
develop interior construction plans, but the plans would
have to be under the seal and signature of an architect or
professional engineer.
This is the latest effort by the Interior Designers to gain title
protection. PBA negotiated the following changes to the bill
last legislative session and is now neutral:
* Interior Designers will no longer be registered
under HICPA; registration will be in a similar but
separate interior design account;
* Residential interior decorator services for single
family, multi-family, and townhouses with not more
than three stories above grade are exempt: and
* Architect seals are still required for any removal or
demolition.
'Proportional Fair-Share Infrastructure Improvements:
House Bill 1177 establishes the Transportation
Reinvestment and Improvement Act and the Transportation
Reinvestment and Improvement Program Fund, to address
the current practice of the last developer, whether it be a
commercial or residential, being completely responsible
for the road, and intersection upgrades as necessitated
by PennDOT rules. The issue is commonly referred to as
'Fair-Share' or 'Last-Man In,' and typically arises when a new
development, or a new commercial facility, is the last to be
built along a state road.
Developers will still be responsible for making the
infrastructure improvements that arise, but under HB 1177
they will not be required to pay for all the improvements
necessary to state-owned roadways. The developer, or puller
of the building permit, will be responsible for 20% of the
cost of the infrastructure improvement, with the remaining
80% being paid by a dedicated fund within PennDOT.
Initial funds may be allocated from the American Rescue
Plan Act of 2021. Other funds are to be transferred from
eligible taxes including; corporate net income tax, sales
and use tax, hotel occupancy tax, personal income tax, and
related liquor taxes.
Water Quality Accountability Act:
Senate Bill 597 specifically requires community water and
wastewater systems develop an asset management plan and
other distribution system requirements that go beyond
the current requirements of the federal Safe Drinking
Water Act and places enforcement of the Water Quality
Accountability Act under the PUC, requiring compliance
with two separate regulatory agencies as currently PA DEP
has regulatory authority over potable water.
Should municipal authorities not be able to comply with
the Act or should they not be able to raise the capital
necessary to implement the required provisions they will
become regulated entities under the PUC or be bought
out by private water companies. In addition, the bill
outlines requirements for cyber security and new water
meter testing requirements. 5 SB 597 was voted out of the
Senate Consumer Protection and Professional Licensure
Committee in May with one dissenting vote. We are
currently soliciting feedback from PBA members on the
implications of this policy change. Obviously tap in fees will
go up for those authorities who try and comply with this
bill - and the ratepayers will also see large increases in their
bills. If authorities choose to sell to private water companies,
again ratepayers will bear the largest burden of the costs.
We assume at least a 30% standard increase in fees from
public to private just based on PA's tax structure, without
shareholder pressure on returns.
FALL 2021 AT HOME IN BERKs
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At Home In Berks Fall 2021

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