Legislative Update

The House on Wednesdayvoted 193-9 to approve HB 2146, sponsored by Rep. Robert Freeman (D-Northampton), which limits the exceptions to the Sunshine Act’s requirement that government boards publish meeting agendas at least 24 hours in advance. The measure allows boards, by majority vote, to add items to their agenda to address minor administrative matters when a delay would create a hardship. These matters include personnel actions limited to firings, leaves, investigations, or disciplinary actions; time-sensitive legal filings; and purchases or bill approvals below the telephonic bidding threshold (currently $13,200) for repairs to municipal property.  PNA supports this bill.

A similar measure, SB 1150, sponsored by Sen. Pat Stefano (R-Bedford/Fayette/Somerset/Westmoreland), would further limit exceptions to the 24-hour rule to emergencies; matters of a de minimis nature, including those raised by a resident or taxpayer during a meeting that do not involve public funds or the creation of contracts; and matters raised during a meeting that can be referred to staff or placed on a future agenda. PNA supports the bill.

The House on Tuesday voted 171-31 to pass HB 2359, sponsored by Rep. Joe Ciresi (D-Montgomery). The measure adds a prohibition on nondisclosure agreements as a condition for data centers to qualify for the sales-and-use tax exemption on computer equipment purchases. It does not apply to centers that already hold a sales-and-use tax exemption when the legislation takes effect.

Rep. Josh Kail (R-Beaver/Washington) plans to introduce legislation that would require local governments to levy a special assessment on data center owners or operators to cover property taxes for residents age 65 and older. “This legislation will represent the floor, and nothing will stop the municipalities from negotiating for additional benefits as part of a local community agreement,” he wrote in his cosponsorship memo.

Rep. Chris Pielli (D-Chester) intends to offer legislation that would prohibit data centers from obtaining public utilities status, limiting where they can be developed. This designation allows developers to preempt local zoning ordinances, evoke eminent domain, and acquire development rights, rights of way and property for projects benefiting private corporations. Sen. Katie Muth offered a companion bill, SB 1385, in the Senate.

Rep. Steven Mentzer (R-Lancaster) signaled his plans to introduce legislation that would limit the automatic annual cost-of-living increase that Pennsylvania public officials receive to no more than the annual increase given to Social Security beneficiaries.

The House voted 131-71 on Monday to pass HB 2037, sponsored by Rep. Ben Waxman (D-Philadelphia). The measure would bar public officials and their immediate families from issuing, creating, sponsoring, endorsing or promoting a digital asset, such as cryptocurrency, for personal gain during their time in office. It would apply to the governor, lieutenant governor, heads of state departments, statewide row officers and lawmakers. The official or an immediate family member who engaged in this activity before the start of an official’s term would be required to divest from the asset within 90 days.

The House Consumer Protection, Technology & Utilities Committee on Tuesday approved HB 2626 from Rep. Nathan Davidson (D-Cumberland/Dauphin). The bill would prohibit the use of dynamic pricing through electronic price tags in retail settings.

Sen. Lisa Boscola (D-Lehigh/Northampton) plans to introduce legislation that would limit screen time for kindergarten through second-grade students as a way to boost cognitive and language development. The measure would prohibit these children from taking home school-issued devices and bar schools from using devices daily as a substitute for foundational learning.

The House Communications & Technology Committee, chaired by Rep. Joe Ciresi (D-Montgomery), will hold an informational meeting at 10 a.m. June 30 on what science and government are doing to identify and understand anomalous objects and signals.

Rep. Natalie Mihalek (R-Allegheny/Washington) signaled plans to introduce legislation that would call for a special election if the state fails to pass an on-time budget.  She wrote in her cosponsorship memo,  “This proposal is meant to prompt a necessary conversation about improving the budget process and to ensure that the people of Pennsylvania have a meaningful way to hold their government accountable.”

The House Finance Committee Wednesday approved HB 2650, sponsored by Rep. Joe Webster (D-Montgomery), that would set  standards for developers seeking tax incentives for data center projects. Gov. Josh Shapiro called for this measure in his February budget address. It would require protections for energy affordability, mandate transparency through engagement with local government and residents, ensure projects deliver economic benefits to nearby communities and include environmental safeguards. Sen. John Kane (D-Chester/Delaware) plans to offer a companion bill in the Senate.

Rep. Morgan Cephas (D-Philadelphia) intends to offer legislation establishing a publicly accessible database of publicly financed affordable housing properties across the commonwealth. The Pennsylvania Housing Finance Agency would administer the database in coordination with local agencies. It would include each property’s location, ownership information, the expiration date of affordability restrictions, and eligibility for affordability programs.  

Rep. Nikki Rivera (D-Lancaster) plans to introduce legislation to increase transparency and oversight in the state’s Educational Improvement Tax Credit program. The measure would require more disclosure on how scholarships are used and enhance oversight of scholarship-granting organizations. It also would prioritize scholarships for students who live in an attendance area with low-achieving public schools or attend a nonpublic schools in low-income areas, and expand funding for child care.

The Senate on Wednesday unanimously approved SB 1150, sponsored by Sen. Pat Stefano (R-Bedford/Fayette/Somerset/Westmoreland), to narrow exceptions to the Sunshine Act’s requirement that government boards publish meeting agendas at least 24 hours in advance. The bill clarifies that exceptions to the 24-hour rule are limited to emergencies; matters of a de minimis nature, including those raised by a resident or taxpayer during a meeting that do not involve public funds or the creation of contracts; and matters raised during a meeting that can be referred to staff or placed on a future agenda. PNA supports the bill, which goes to the House for consideration.

This legislation addresses concerns stemming from a state Supreme Court ruling that allowed government boards, by majority vote, to consider nearly any matter during a meeting without prior public notification.

A similar bill, HB 2146, sponsored by Rep. Robert Freeman (D-Northampton), awaits action in the House. It includes additional exceptions for minor administrative matters where a delay would create a hardship, such as personnel actions limited to firings, leaves, investigations or disciplinary actions; time-sensitive legal filings; and purchases or bill approvals below the telephonic bidding threshold (currently $13,200) for repairs to municipal property. PNA also supports this bill.

The House on Monday voted 139-63 to pass HB 1678, sponsored by Rep. Elizabeth Fiedler (D-Philadelphia) that imposes the state’s 5% gross receipts tax on digital advertising services provided by large tech and social media platforms. It directs the revenue it would generate to property tax relief. The legislation provides an exemption for broadcast and news media entities. 

The House Consumer Protection, Technology & Utilities Committee on Tuesday unanimously approved HB 1780, sponsored by Rep. Manuel Guzman (D-Berks). The measure would require merchants to disclose any credit card surcharge before a transaction and prohibit surcharges that exceed the cost of processing the payment. It would assign enforcement authority to the attorney general’s Bureau of Consumer Protection.

Rep. Morgan Cephas (D-Philadelphia) plans to introduce legislation that would cap what transportation network companies can charge at no more than 20% above the amount paid to drivers during periods when ride demand exceeds driver availability.

Rep. Joe Ciresi (D-Montgomery) plans to introduce legislation that would impose a three-year moratorium on the sale of children’s toys containing AI chatbots, allowing time for more research on their effects and for industry and government safeguards to catch up.

The Senate State Government Committee on Tuesday unanimously approved SB 1150, sponsored by Sen. Pat Stefano (R-Bedford/Fayette/Somerset/Westmoreland), which would narrow exceptions to the Sunshine Act’s requirement that government boards publish meeting agendas at least 24 hours in advance. It clarifies that exceptions are limited to emergencies and matters of de minimis.

Stefano’s bill seeks to address concerns raised by a state Supreme Court ruling that allows government boards to consider nearly any matter during a meeting without prior public notification. PNA supports this bill.

A similar bill, HB 2146, sponsored by Rep. Robert Freeman (D-Northampton), awaits action in the House. It includes additional exceptions for minor administrative matters where a delay would create a hardship, such as personnel actions limited to firings, leaves, investigations or disciplinary actions; time-sensitive legal filings; and purchases or bill approvals below the telephonic bidding threshold (currently $13,200) for repairs to municipal property.  PNA also supports this bill.

Rep. Donna Scheuren (R-Montgomery) plans to offer legislation that would calculate the state sales tax at the point of sale by rounding up to the nearest nickel. The bill would direct the additional revenue toward reducing school pension contributions, with a goal of lowering property tax rates.

Rep. Joe Webster (D-Montgomery) plans to introduce legislation to bar Pennsylvania corporations from making political expenditures. “This legislation will mitigate the influence that unlimited dark money has on our elections and help ensure that elected officials are accountable to their voters, rather than corporations,” he wrote in his cosponsorship memo.

Sen. Tracy Pennycuick (R-Berks/Montgomery) plans to offer a package of bills that would ensure data center development in Pennsylvania is transparent and includes protections for consumers, local communities, the electric grid and water resources. The package would require at least two publicly advertised public meetings before a zoning decision on a proposed hyperscale data center.

Sen. Katie Muth (D-Montgomery) plans to introduce legislation to prohibit data centers from obtaining public utility status. According to her cosponsorship memo, granting that status would eliminate local government’s authority to regulate the zoning and siting of data centers and on-site power generation.

Rep. Jack Rader (R-Monroe) plans to introduce legislation requiring large data centers to install a closed-loop system to recycle their water or use another method of cooling to reduce consumption. Under this proposal, a data center must certify and provide evidence to the Public Utility Commission that it is using this type of system before beginning operations.  

Rep. Joe Webster (D-Montgomery) plans to introduce legislation to bar PennDOT from disclosing documents used to obtain or renew a driver’s license or identification card, except in response to a subpoena in a criminal proceeding, a court order or a request from law enforcement to address a health or safety need. “These restrictions would safeguard the identifying information of all Pennsylvania residents while in no way inhibiting the use of that data for legitimate public safety purposes,” Webster said in his cosponsorship memo.

Rep. Brenda Pugh (R-Luzerne) intends to offer legislation that would prohibit the Pennsylvania Turnpike Commission, its authorized agents, contractors, or employees from sending text messages to vehicle owners about unpaid tolls or fees, including links for electronic payment, notices of potential or actual collection actions, and enforcement measures. Pugh said given the concerns over fraudulent text messages about unpaid tolls and fines, she believes the commission’s messaging will “do more harm than good.”

Rep. MaryLouise Isaacson (D-Philadelphia) signaled in April that she intends to introduce similar legislation.

Rep. Sheryl Delozier (R-Cumberland) plans to introduce legislation that would create a board of public and nonpublic school officials in each district to collaborate on weather-related closures and delays, with decisions made by 5:30 a.m. on inclement weather days. The measure would allow nonpublic schools to decide whether to hold classes on such days without transportation services, which are provided only when the public school is in session.

Sen. Lisa Boscola (D-Lehigh/Northampton) intends to offer legislation that would prohibit AI-generated or altered video, audio, or images depicting a candidate for public office when intended to harm the candidate’s reputation or mislead voters about their conduct or position on issues. “Deepfakes threaten candidates regardless of affiliation and undermine the ability of every Pennsylvania voter to make an informed choice,” Boscola wrote in her cosponsorship memo.

Rep. Jason Ortitay (R-Allegheny) introduced HB 2542, which would set a deadline for the secretary of state to certify presidential election following the county canvass and notify the General Assembly if that deadline will be missed. The bill also would set deadlines for courts to rule in election cases.

Sen. Tracy Pennycuick (R-Berks/Montgomery) intends to introduce legislation prohibiting state and local government agencies from entering into nondisclosure agreements for data center developments in response to a growing practice by developers requiring such agreements from local governments. “Community residents deserve to have a voice, and entering into nondisclosure agreements will prohibit dialogue about this important issue,” she wrote in her cosponsorship memo. Pennycuick’s proposal is similar to HB 2359 sponsored by Rep. Joe Ciresi (D-Montgomery) in the House.

Rep. Jamie Walsh (R-Luzerne) plans to offer a two-bill package to address concerns raised by residents and municipal officials about data center development in Pennsylvania, including potential impacts on power grids and water systems, as well as the lack of transparency and community input.

Sen. Gene Yaw (R-Lycoming) plans to offer legislation requiring a majority of township supervisors to be physically present to conduct township business. “While remote participation technology can provide flexibility in limited circumstances, local government decisions are best made through in-person deliberation that ensures transparency, accountability and public confidence in the decision-making process,” he wrote in his cosponsorship memo.

Sen. Nikil Saval (D-Philadelphia) signaled his intention to introduce legislation to protect voters from unlawful intimidation at polling places. His bill would clarify that on-duty law enforcement officers at all levels of government are prohibited from being present at voting locations. 

Rep. Nathan Davidson (D-Dauphin) plans to introduce legislation banning the use of dynamic pricing through electronic price tags in retail settings. While electronic price tags can improve inventory management and allow real-time price adjustment, his cosponsorship memo says they also make it easier for retailers to exploit consumers by raising prices based on such factors as time of day or the weather.

Rep. Brenda Pugh (R-Luzerne) intends to offer legislation requiring the Public Utility Commission to include in its annual Rate Comparison Report each utility’s recent rate increase history, along with comparable information for electric generation suppliers, natural gas suppliers and publicly regulated water and sewer utilities not currently in that report. Pugh said the measure would provide “a clearer understanding of the cumulative burden that repeated utility rate increases place on Pennsylvania households and businesses.”

Rep. MaryLouise Isaacson (D-Philadelphia) plans to introduce legislation that would bar the Pennsylvania Turnpike Commission and all state agencies from using text messaging to notify residents about unpaid fines, fees, or tolls. “Pennsylvanians need clear guidance that if they receive any text messages claiming to be from a commonwealth agency about an unpaid fine, fee, or toll that it is 100% fake with no room for confusion,” she wrote in her cosponsorship memo.

Rep. Melissa Shusterman (D-Chester) intends to offer legislation requiring courts to automate the expungement of DNA records when a conviction or adjudication has been overturned, a person has been pardoned, or genetic material was mistakenly entered into the State DNA Data Bank. Currently, individuals must initiate the expungement process themselves.

Rep. Abigail Salisbury (D-Allegheny) plans to introduce legislation to create a statewide whistleblower office with a 24/7 hotline and an online reporting system for allegations of fraud, waste and abuse. The office would operate independent of any state department or executive branch whistleblower office. “We have to create a more transparent and accessible infrastructure for doing so to encourage Pennsylvanians to speak up when they see something wrong,” Salisbury wrote in her cosponsorship memo.

Rep. Jamie Walsh (R-Luzerne) intends to offer legislation to impose a moratorium on data center development and repeal the data center tax break. Sen. Jarrett Coleman (R-Bucks/Lehigh) is proposing similar legislation in the Senate.