HB 2146

PRIOR PRINTER'S NO. 2786  PRINTER'S NO.    2882
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2146
                                           Session of
                                             2026
INTRODUCED BY FREEMAN, B. MILLER, HILL-EVANS, SHUSTERMAN,
   VITALI, SANCHEZ, GREINER, RIVERA, PIELLI, WALSH, WATRO,
   SAPPEY, HARKINS, ROAE, KRUPA, NEILSON, WAXMAN, OTTEN, SCOTT,
   McNEILL, KAZEEM, DONAHUE, SOLOMON, INGLIS, BOROWSKI, JAMES,
   ZIMMERMAN, MADDEN AND MARKOSEK, JANUARY 15, 2026
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
   REPRESENTATIVES, AS AMENDED, FEBRUARY 4, 2026
                                AN ACT
1 Amending Title 65 (Public Officers) of the Pennsylvania
2    Consolidated Statutes, in open meetings, further providing
3    for notification of agency business required and exceptions.
4    The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6    Section 1.    Section 712.1(a), (c) and (e)(1) of Title 65 of
7 the Pennsylvania Consolidated Statutes are amended AND THE  <--
8 SECTION IS AMENDED BY ADDING A SUBSECTION to read:
9 § 712.1.    Notification of agency business required and
10exceptions.
11    (a)     Official action.--Except as provided in subsection (b),
12 [(c), (d) or (e)] (c) or, (d) OR (D.1), an agency may not take       <--
13 official action on a matter of agency business at a meeting if
14 the matter was not included in the notification required under
15 section 709(c.1) (relating to public notice).
16    * * *
1    (c)   Business arising within 24 hours before meeting.--An
2 agency may take official action on a matter of agency business
3 that is not listed on a meeting agenda if the matter:
4(1)   [the matter] arises or is brought to the attention
5    of the agency within the 24-hour period prior to the meeting;
6    and
7(2)   [the matter] is de minimis in nature and does not
8    involve the expenditure of funds or entering into a contract
9    or agreement [by the agency].
10    * * *
11    (D.1)   MINOR ADMINISTRATIVE APPROVALS.--  <--
12(1)   AN AGENCY MAY TAKE OFFICIAL ACTION ON A MINOR
13    ADMINISTRATIVE APPROVAL NOT LISTED ON A MEETING AGENDA,
14    INCLUDING A MINOR ADMINISTRATIVE APPROVAL INADVERTENTLY
15    OMITTED FROM THE AGENDA, THAT WOULD CAUSE A HARDSHIP IF
16    DELAYED UNTIL THE NEXT MEETING SUCH AS ITEMS DISCUSSED AND
17    ACTED ON AT A PREVIOUS MEETING. THE EXCEPTION UNDER THIS
18    SUBSECTION SHALL ONLY INCLUDE THE FOLLOWING:
19(I)    PERSONNEL ACTIONS AFTER AN EXECUTIVE SESSION
20HELD IN ACCORDANCE WITH SECTION 708(A)(1) AND RESTRICTED
21TO FIRING, LEAVE, INVESTIGATIONS OR DISCIPLINING.
22(II)    OFFICIAL ACTION, AFTER AN EXECUTIVE SESSION
23HELD IN ACCORDANCE WITH SECTION 708(A)(4), AUTHORIZING
24TIME-SENSITIVE LEGAL FILINGS OR OTHER ACTION RELATED TO
25LITIGATION BY THE SOLICITOR OR CHIEF LEGAL COUNSEL OR
26OTHER PROFESSIONAL REPRESENTATIVES. THE OPINION RENDERED
27BY THE SOLICITOR UNDER PARAGRAPH (2) SHALL INCLUDE A
28DESCRIPTION OF WHY IMMEDIATE ACTION IS REQUIRED IN ORDER
29TO PRESERVE OR PROMOTE THE AGENCY'S LEGAL INTERESTS.
30(III)    SMALL PURCHASING AND BILL APPROVALS OF LESS
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1THAN THE CURRENT TELEPHONIC BIDDING THRESHOLD ADVERTISED
2IN THE PENNSYLVANIA BULLETIN FOR REPAIRING OR MITIGATING
3REAL OR POTENTIAL DAMAGE TO PROPERTY OF THE AGENCY.
4(IV)    SMALL PURCHASING AND BILL APPROVALS OF LESS
5THAN THE CURRENT BIDDING THRESHOLD ADVERTISED IN THE
6PENNSYLVANIA BULLETIN FOR PURCHASE OF PROPERTY AT AN
7AUCTION AND FACING AN IMMINENT DEADLINE.
8(V)    GRANT APPLICATIONS SUBJECT TO AN IMMINENT
9DEADLINE.
10(VI)    SMALL BORROWING OR TAX ANTICIPATION NOTE
11PAPERWORK UNDER 53 PA.C.S. PT. VII SUBPT. B (RELATING TO
12INDEBTEDNESS AND BORROWING) IF THE BORROWING OR NOTE WAS
13PREVIOUSLY APPROVED IN AN OPEN MEETING.
14(VII)    MINOR PERMIT APPROVALS FOR SEWER MODULES. THIS
15SUBPARAGRAPH SHALL NOT SUPERSEDE ANY REQUIREMENTS OF THE
16ACT OF JULY 31, 1968 (P.L.805, NO.247), KNOWN AS THE
17PENNSYLVANIA MUNICIPALITIES PLANNING CODE.
18(2)   PRIOR TO TAKING ACTION ON AN ITEM UNDER THIS
19  SUBSECTION, THE AGENCY SHALL OBTAIN AN OPINION FROM ITS
20  SOLICITOR OR CHIEF LEGAL COUNSEL, AS THE CASE MAY BE, ON
21  WHETHER THE PROPOSED OFFICIAL ACTION FALLS UNDER THIS
22  SUBSECTION. THE OPINION SHALL BE PROVIDED BY THE SOLICITOR OR
23  CHIEF LEGAL COUNSEL AT THE MEETING OR IN WRITING PRIOR TO THE
24  MEETING AND SHALL BE PUBLICLY DISCLOSED AT THE MEETING.
25  (e)   Changes to agenda.--
26(1)   Upon majority vote of the individuals present and
27  voting during the conduct of a meeting, an agency may add a
28  matter of agency business arising under subsection (b), (c)
29  or, (d) OR (D.1) to the agenda. The reasons for the changes  <--
30  to the agenda shall be announced at the meeting before any
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1   vote is conducted to make the changes to the agenda. The
2   agency may subsequently take official action on the matter
3   added to the agenda. The agency shall post the amended agenda
4   on the agency's publicly accessible Internet website, if
5   available, and at the agency's principal office location no
6   later than the first business day following the meeting at
7   which the agenda was changed.
8* * *
9   Section 2.    This act shall take effect in 60 days.
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