LEGISLATIVE ACTION

Legislative Action

2016-17 Session

SB 242 – Standby Time

SB 242 – PA One Call Legislation 2017  – House Action on

Legislative Action on the House Floor where NUCA PA attempted to amend the PA One Call law with two amendments. 

The first amendment offerred by Rep. Brandon Neuman (D) attempted to equalize the stakeholders on the PUC Damage Prevention Committee.  Contractors are outnumbered on the committee by facility owners 5 to 3.  The amendment failed. 

The second amendment was offered by Rep. Marguerite Quinn (R) to close a loophole in the economic loss doctrine so a contractor, through no fault of their own, could recover standby time for unmarked or mismarked facilities.   A PA Supreme Court of Pennsylvania decision directed  contractors to have the legislature correct the law.  The amendment passed by one vote.  However, a reconsideration vote was taken after the Rules Committee held a brief meeting.  The amendment failed on reconsideration.  Clearly a political move by the House Leadership to kill the amendment.

See the House Video Clip below:  Go to the start time of 1:01

HB442 – Plumbers’ Licensure

NUCA PA opposed HB442 for the following reasons:

  • Definition of “Plumbing Services” – this definition should include an exemption for site work outside of the 5-foot radius of a structure.  Many municipalities throughout the Commonwealth currently do not require licensure for this activity and, as such, that process should continue
     
  • Licensure Jurisdiction – Nearly every business and occupational license in Pennsylvania is administered by the Department of State.  To maintain consistency, legislation should direct the Department of State, rather than the Department of Labor & Industry, to administer licensure
     
  • State Board of Plumbing Contractors – This appointed, prescribed board is structured to present inherent disadvantages to core constituencies within the construction industry including, but not limited to:  contractors in rural areas, general contractors who self-perform plumbing activities, utility & site work contractors and laborers, and other groups that are integral to the installation of plumbing
     
  • The “convictions” portion of the bill is expected to prohibit hundreds of plumbers who have even minor violations of the Controlled Substance, Drug, Device and Cosmetic Act, which prohibits the sale and possession of controlled substances.  Violators of the act within the last 5 years would be prohibited from working as a plumber for an extended period of time.
     
  • These bills do not make it easier for plumbers to work through the municipalities of the Commonwealth.  Municipalities are still permitted to require the purchase of business privilege licenses, levy fees and taxes.
     
  • The penalties in HB442 and SB 183 for misidentifying an employee as a “plumber” or an “apprentice” are more dramatic than debarment of a company or individual from performing public work under the PA Prevailing Wage Act.
     
  • While these bills would allow licensees to sit for an exam in Counties of the First and Second Class, they would not truly allow for statewide licensure

House 2nd Consideration Video Clip – the bill passed the House on 6/20/2017

House 3rd Consideration Video Clip – the bill passed the House on 6/20/2017