HB2146: In open meetings, further providing for notification of agency business required and exceptions.

2882 PRIOR PRINTER'S NO. 2786 PRINTER'S NO. THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL 2146 Session of No. 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 10 exceptions. 11 (a) Official action.--Except as provided in subsection (b), 12 [(c), (d) or (e)] (c) o r , (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 20 HELD IN ACCORDANCE WITH SECTION 708(A)(1) AND RESTRICTED 21 TO FIRING, LEAVE, INVESTIGATIONS OR DISCIPLINING. 22 (II) OFFICIAL ACTION, AFTER AN EXECUTIVE SESSION 23 HELD IN ACCORDANCE WITH SECTION 708(A)(4), AUTHORIZING 24 TIME-SENSITIVE LEGAL FILINGS OR OTHER ACTION RELATED TO 25 LITIGATION BY THE SOLICITOR OR CHIEF LEGAL COUNSEL OR 26 OTHER PROFESSIONAL REPRESENTATIVES. THE OPINION RENDERED 27 BY THE SOLICITOR UNDER PARAGRAPH (2) SHALL INCLUDE A 28 DESCRIPTION OF WHY IMMEDIATE ACTION IS REQUIRED IN ORDER 29 TO PRESERVE OR PROMOTE THE AGENCY'S LEGAL INTERESTS. 30 (III) SMALL PURCHASING AND BILL APPROVALS OF LESS 20260HB2146PN2882 - 2 -

1 THAN THE CURRENT TELEPHONIC BIDDING THRESHOLD ADVERTISED 2 IN THE PENNSYLVANIA BULLETIN FOR REPAIRING OR MITIGATING 3 REAL OR POTENTIAL DAMAGE TO PROPERTY OF THE AGENCY. 4 (IV) SMALL PURCHASING AND BILL APPROVALS OF LESS 5 THAN THE CURRENT BIDDING THRESHOLD ADVERTISED IN THE 6 PENNSYLVANIA BULLETIN FOR PURCHASE OF PROPERTY AT AN 7 AUCTION AND FACING AN IMMINENT DEADLINE. 8 (V) GRANT APPLICATIONS SUBJECT TO AN IMMINENT 9 DEADLINE. 10 (VI) SMALL BORROWING OR TAX ANTICIPATION NOTE 11 PAPERWORK UNDER 53 PA.C.S. PT. VII SUBPT. B (RELATING TO 12 INDEBTEDNESS AND BORROWING) IF THE BORROWING OR NOTE WAS 13 PREVIOUSLY APPROVED IN AN OPEN MEETING. 14 (VII) MINOR PERMIT APPROVALS FOR SEWER MODULES. THIS 15 SUBPARAGRAPH SHALL NOT SUPERSEDE ANY REQUIREMENTS OF THE 16 ACT OF JULY 31, 1968 (P.L.805, NO.247), KNOWN AS THE 17 PENNSYLVANIA 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 o r , (d ) OR (D.1 ) to the agenda. The reasons for the changes <-- 30 to the agenda shall be announced at the meeting before any 20260HB2146PN2882 - 3 -

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. 20260HB2146PN2882 - 4 -