PRINTER'SS1230B1891A06039 NES:JMT 10/21/24 #90 A06039 AMENDMENTS TO SENATE BILL NO.

16471230 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1230REPRESENTATIVE 2024FLOOD INTRODUCEDPrinter's BYNo. BAKER, MAY 29, 2024 REFERRED TO LABOR AND INDUSTRY, MAY 29, 2024 AN ACT Amending the act of April 9, 1929 (P.L.177, No.175), entitled "An act providing for and reorganizing the conduct of the executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, Teachers Colleges;

abolishing,1891 creating,Amend reorganizingBill, or,page or2, authorizinglines the23 reorganizationthrough of30; certain administrative departments, boards, and commissions;

definingpage the3, powerslines and1 dutiesthrough of4; the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers;

fixingby thestriking salariesout all of thesaid Governor,lines Lieutenanton Governor,said pages and certaininserting other(5) executiveThe andboard administrativeshall officers;commence a review of the updated sections twenty-one (21) months following the publication of a new edition of the ASME A17.1 codes.

providingThe forfollowing theshall appointmentapply: of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions;

providing(i) forEach judicialupdated administration;section subject to review under this paragraph shall be examined by applying all of the following criteria:

and(A) prescribingThe theimpact mannerthat in which the numbersection andmay compensationhave ofupon the deputieshealth, andsafety all other assistants and employeswelfare of certain departments, boards and commissions shall be determined," in powers and duties of the Departmentpublic. of Labor boards and departmental administrative officers, furtherry providing for Elevator Safety Board.

(B) The Generaleconomic Assemblyand financial impact of the Commonwealthsection, ofincluding Pennsylvaniaimpact herebyon enactsthe asend follows:consumer.

Section(C) 1.The technical feasibility of the section.

Section(ii) 2214.1(f)The ofboard theshall actreview ofthe Aprilupdated 9,sections 1929 (P.L.177, No.175), known as Thefollows: Administrative Code of 1929, is amended to read:

Section(A) 2214.1.There shall be a one hundred twenty-day period to receive comments from board members and the general public regarding the updated sections and the period shall commence thirty (30) days following the start of the board's review under this paragraph.

ElevatorA Safetynotice Board.--*of *public *comment (f)shall [(1)be Thesent boardto shallthe recommendLegislative regulationsReference toBureau thefor Secretarypublication ofin Laborthe andnext Industryavailable relatingissue toof construction,the maintenancePennsylvania Bulletin and inspectionon the Department of elevatorsLabor and safeIndustry's operationpublicly ofaccessible elevators.Internet website.

TheIn boardthe mayabsence consultof withan engineeringInternet authoritieswebsite, andthe othernotice appropriateof organizationspublic regardingcomment may be announced in any other manner that the applicationSecretary of elevatorLabor industryand codesIndustry anddetermines standards.will provide substantially similar public notice.

(2)(B) TheAll Secretarypublic ofcomments Labor and Industry shall reviewbe anysubmitted recommendationson fora regulationsform submittedcreated by the boardboard. and, if the secretary approves the recommendations, shall promulgate regulations consistent with the recommendations.] (3) The board may grant exceptions and variances from the requirements of applicable codes and standards or regulations if the changes would not jeopardize the safety and welfare of the general public or individuals employed in the elevator industry.

TheEach Departmentcomment of Labor and Industry shall acceptrelate applicationsto fora allsingle exceptionsupdated andsection. variances and shall make recommendations on the applications to the board.

(4) The boardcomment mayshall, holdat hearingsa andminimum, hearspecify appealsthe onupdated matterssection relating to thiswhich the comment relates, state whether the updated section inshould accordancebe withadopted, regulationsrejected or modified and proceduresspecify establishedthe byrationale for the boardrecommended inaction consultationbased withon the Departmentcriteria ofunder Laborsubparagraph and(i). Industry.

(5)A (i)proposed Commencingmodification Januaryshall 1,meet 2025,or exceed the applicablestandards elevatorof codethe forproposed updated section already in effect or being reviewed and the Commonwealthproposed modification shall be within the ASMEstandards A17.1-2016.under review.

Subsequently,2024/90NES/SB1230A06039 the- Elevator1 Safety- Board(C) All public comments submitted in accordance with clause (A) shall adoptbe aprovided moreto recentall versionboard members and posted on the Department of ASMELabor A17.1and everyIndustry's threepublicly (3)accessible years.Internet website.

(ii)In Priorthe toabsence Januaryof 1,an 2025,Internet thewebsite, Elevatorpublic Safetycomments Boardshall maybe adoptprovided ASMEin A17.1-2016any orother anmanner updateas subsequentthe toSecretary ASMEof A17.1-2016Labor asand theIndustry applicabledetermines elevatorwill codeprovide forsubstantially thesimilar Commonwealth.public notice.

(iii)All Forpublic thecomments purposessubmitted ofin thisaccordance paragraph,with theclause term(B) "ASME"shall 20240SB1230PN1647be -reviewed 2individually -by shall mean the Americanboard. Society of Mechanical Engineers.

(D) After the expiration of the public comment period, the board shall review all of the updated sections, regardless of whether a public comment has been received.

The board may also review any related updated section, any existing section or any related collective elevator code section as needed to ensure consistency and effectiveness of the ASME A17.1 codes.

Even if an updated section has not received a public comment in accordance with clause (A), a board member may select one or more of the updated sections for individual consideration by the board under clause (H)(II).

(E) For each updated section that receives a comment recommending modification or rejection in accordance with clause (B) or a member of the board has separately selected for individual review by the board, the board chairman shall compile a list of the updated sections.

Notwithstanding any other provision of this clause, updated sections that do not receive a comment recommending modification or rejection in accordance with clause (B) and that a member of the board has not separately selected for individual review by the board shall be noted in a separate list as unopposed.

(F) The lists compiled under clause (E) shall be posted on the Department of Labor and Industry's publicly accessible Internet website or, in the absence of an Internet website, in any other manner as the Secretary of Labor and Industry determines will provide substantially similar public notice.

Lists shall be posted at least ten (10) business days prior to holding the first hearing under this paragraph.

(G) After compilation of the lists under clause (E), the board shall hold at least three public hearings.

One of the public hearings shall be held in Harrisburg, one shall be held in the eastern region of this Commonwealth and one shall be held in the western region of this Commonwealth.

(H) After completion of the hearings, the board shall hold one or more official meetings of the board to decide whether to adopt, reject or modify the updated sections and any related section identified in clause (D).

The following shall apply:

(I) The board shall consider and vote on the unopposed sections as a group.

Prior to a vote on the unopposed sections as a group, the board shall first consider any motion made by a board member to exclude a section from the unopposed group.

A motion to exclude shall only be in order if it is supported by written explanation, made available to the board, describing new information not considered by the board previously and the 2024/90NES/SB1230A06039 - 2 - underlying rationale for the motion.

If the motion is supported by a two-thirds majority of the board membership, that section shall be removed from the unopposed group.

Unopposed sections that remain as part of the group, after consideration of motions to exclude sections, shall be adopted by a majority vote of the board members.

If the unopposed sections fail to be adopted by a majority vote, the board shall conduct a subsequent vote to reject the unopposed sections by a two-thirds majority vote of the board members.

If the board fails to reject the unopposed sections by a two-thirds majority vote, the unopposed sections shall be adopted.