Legislative Updates: A Weekly Roundup of Federal, State, and Local Actions

Your Chamber advocacy team is working to share legislative updates and continue to advocate for your business in Washington, D.C., Harrisburg, and Philadelphia. We’ve created a round-up of recent activity including Key Takeaways for Your Business and a Detailed Legislative Update. This represents our best knowledge of the situation as of 1:00 p.m. on Thursday, September 24, 2020.

Chamber members are invited to join weekly legislative update calls hosted by our Advocacy team to hear the latest on COVID-19 relief and recovery efforts at the federal, state, and local level as well as other legislative matters concerning our community.

To learn more about how our region is preparing for recovery, visit our Recharge & Recover PHL Information Hub:

• The U.S. House of Representatives passed the Continuing Appropriations Act of 2021, a short-term spending bill to maintain government funding through December 11, 2020 and provide a one-year extension of expiring federal highway and transit programs.

• The stopgap measure averts a partial government shutdown at the end of the month and provides nearly $8 billion to nutrition assistance programs.

• The passing of Supreme Court Justice Ruth Bader Ginsburg has further polarized Democrats and Republicans and attention has shifted away from emergency funding to the balance of the Supreme Court.

• Congressional leaders have all but abandoned relief package negotiations even as deaths from COVID-19 swell past 200,000 people and businesses, displaced workers, and state and local governments continue to struggle without continued federal assistance.

• The PA Senate passed legislation to ease restrictions on restaurants and bars increasing the occupancy capacity from 25 to 50 percent. Gov. Wolf is expected to veto the bill.

• The PA Senate unanimously passed a bill seeking to freeze Cost of Living Adjustments (COLAs) for state government officials through 2021.

• The Wolf Administration launched the free COVID Alert PA mobile app to help fight the spread of the virus. The app is completely anonymous and generates COVID-19 exposure notifications and public health guidance.

• The state Department of Labor and Industry reported an unemployment rate of 10.3% in August, down 2.2 percentage points from July’s adjusted rate of 12.5%.

• Legislation to automatically expunge criminal records for some minor offenses was unanimously approved by the state Senate Judiciary Committee on Tuesday.

• A U.S. District Court judge ruled that Gov. Wolf’s COVID-19 business closure order and gathering restrictions are unconstitutional. The Administration requested a stay of the ruling but the stay was denied. The Administration is moving forward with an appeal.

• Confirmed COVID-19 cases in Philadelphia have exceeded 36,000 with over 1,780 deaths.

• The City announced it will allocate an additional $20 million dollars for grants to help Philadelphia’s small businesses weather the continuing impacts of the COVID-19 pandemic with a focus on those in low- to moderate-income neighborhoods.

• A supplemental order regarding special events and large gatherings was issued halting applications for special events over 150 people through October 22, 2020 and advising event organizers against planning large events to occur before February 28, 2021.

• Mayor Kenney and the Streets Department announced the launch of PickupPHL, a new interactive tool designed to provide direct access to the City’s residential sanitation services.

• At this morning’s session of City Council, two bills were reported from committee and placed on the first reading calendar. The bills address new procedures for establishing Business Improvement Districts and Special Services Districts and seek to amend the terms and conditions of Administrative Review in the Philadelphia Building Code.

• Two new bills were also introduced today that seek to encourage the continued use of public spaces for outdoor dining and call for the creation of an Arts and Culture Task Force respectively.

• The Joint Committees on Finance & Commerce and Economic Development will hold a hearing on October 20 regarding Philadelphia’s safe, equitable, and robust economic recovery from the COVID-19 pandemic.

• The Chamber will host a virtual event with Councilmember Cherelle Parker, 9th District and Majority Leader, on October 20. Read the full weekly update to learn more and register.

Agreement Reached on Stopgap Spending Bill

This week, by a vote of 359-57, the U.S. House of Representatives passed the Continuing Appropriations Act of 2021, a short-term spending bill to maintain government funding through December 11, 2020 and provide a one-year extension of expiring federal highway and transit programs.  The vote came immediately after Democrat leaders reached an agreement with the White House over differences between farm aid and food assistance. The agreement is now expected to win passage in the Senate next week and avert a partial shutdown before funding expires at the end of the month.

Originally, House Democrats introduced a stopgap measure that discontinued farmer assistance payments through the Commodity Credit Corporation (CCC), arguing that it helped the Administration soften the negative impacts of its trade policies on farmers. Senate Republicans were adamantly opposed to any proposal without CCC funding.

The stopgap provides nearly $8 billion to nutrition assistance programs. It includes an extension and expansion of an expiring coronavirus relief program, which provides resources to families with children in remote-learning who otherwise would have received free or reduced-price meals at school. The new bill also extends nutrition waivers included in the Families First Coronavirus Response Act.

The stopgap spending bill will now punt the debate over government funding into the lame-duck session after the November election. This creates the opportunity for Senate Republicans to narrow their focus on filling the Supreme Court seat vacated by the passing of Justice Ruth Bader Ginsburg.

Focus Shifts from Emergency Funding to the Supreme Court 

While there was cautious optimism for an additional relief package at the end of last week, the events stemming from Justice Ginsburg’s passing have enormously polarized Democrats and Republicans as attention has shifted away from emergency funding to the balance of the Supreme Court.

As deaths from COVID-19 swell past 200,000 people, as the aviation industry faces steep job cuts and layoffs, as transit begins to cut back service, capital projects, and jobs, as inadequate funding for testing and tracing slows prospects for speedy recovery, as small business closures begin to climb due to limitations on federal lending and grant programs, and as state and local government programs face massive cuts without continued federal assistance, it appears as though Congressional leaders have all but abandoned relief package negotiations.

Questions? Contact Anselm Sauter (asauter@chamberphl.com) for more information about federal legislative affairs.

PA Senate Votes to Ease Restrictions on Restaurants and Bars

On Tuesday, the Pennsylvania Senate passed legislation 43-6 (House Bill 2513) to undo certain restrictions placed on bars and restaurants by the Wolf Administration as a result of the COVID-19 pandemic.

The measure would set the minimum occupancy capacity for restaurants and taverns at 50 percent, with the ability for increased capacity if their premises allows. Governor Wolf recently altered his July 15 order – which had allowed bars and restaurants to have only 25 percent occupancy indoors, now giving establishments the opportunity to “self-certify” to get their occupancy limit raised to 50 percent.

The bill now goes back to the state House for consideration. The Wolf Administration has said he will veto the bill despite overwhelming support from both sides of the aisle.

According to the state Independent Fiscal Office, Pennsylvania’s foodservice industry has lost over 134,000 jobs this year.

State Senate Votes to Freeze COLAs

On Monday, the Pennsylvania Senate unanimously passed a bill seeking to freeze Cost of Living Adjustments (COLAs) for state government officials through 2021. House Bill 2487 would apply to members of the Pennsylvania General Assembly, the governor, lieutenant governor, treasurer, attorney general, auditor general, the heads of departments, members of boards and commissions, and the judiciary.

Pennsylvania Launches COVID Alert PA App

This week, the Wolf Administration launched the COVID-19 exposure notification mobile app, COVID Alert PA, to help fight the spread of the virus. The app is free for smartphone users as a download from the Apple App store or Google Play store. COVID Alert PA is available in English and Spanish.

COVID Alert PA uses Exposure Notification System technology developed by Apple and Google. The app can detect if you have been in close contact with another user who later tested positive for COVID-19 and will send a notification to your phone called a “COVID-19 Exposure Alert”. If you tap on the notification, you will be given public health guidance on what to do next. The app does not enable any location services or track anyone and is designed to be completely anonymous.

PA’s Unemployment Rate

The state Department of Labor and Industry said the unemployment rate was 10.3% in August, down 2.2 percentage points from July’s adjusted rate of 12.5%.

Criminal Records Bill Considered by State Senate

Legislation (House Bill 440) to automatically expunge criminal records for some minor offenses was unanimously approved by the state Senate Judiciary Committee on Tuesday.

The bill allows a person’s criminal record to be expunged if they have been unconditionally pardoned or fully acquitted of all charges, based on the same conduct or arising from the same criminal episode following a trial and verdict of not guilty. The state would receive notice of a potential expungement and have 60 days to object and then hold a hearing.

The Clean Slate Law led to the automatic sealing of some 30 million criminal cases involving charges where an individual was found not guilty, as well as summary cases and other nonviolent crimes that have occurred more than a decade ago. The goal is to remove legal barriers for people convicted of minor offenses so they can return to society and find jobs, housing, and education opportunities.

Judge Denies Wolf Administration Stay Request

Last week, a U.S. District Court judge ruled that Pennsylvania Governor Tom Wolf’s COVID-19 business closure order and gathering restrictions are unconstitutional. The Wolf Administration requested a stay of the ruling but found out Tuesday that the stay was denied. The Administration is moving forward with an appeal.

U.S. District Judge William S. Stickman IV wrote in an opinion and order finding the Governor’s shutdown of “non-life sustaining businesses,” putting the entire state under “lockdown,” and setting caps on certain gatherings all unconstitutional.

Upcoming State Advocacy Virtual Program

• October 1 – State Advocacy Update with Pennsylvania House Appropriations Chair Stan Saylor »

Rep Saylor will discuss the upcoming budget negotiations for the remaining 7 months as well as what Pennsylvania’s revenue outlook is for FY22.

COVID-19 Case Data

On Wednesday, the Philadelphia Department of Public Health reported the total number of confirmed cases of COVID-19 in Philadelphia has reached 36,004. The number of residents who have succumbed to the virus in Philadelphia has reached 1,789. Of the total deaths, 886 (49%) were long-term care facility residents.

$20 Million in Additional Funding for Small Business Relief

The City announced today that it would allocate an additional $20 million dollars for grants to help Philadelphia’s small businesses weather the continuing impacts of the COVID-19 pandemic. The funding comes from the federal Coronavirus Relief Funds (CRF) that the City received from the U.S. Treasury. The CARES Act authorized payment of these funds to states and local governments with populations of 500,000 or more, and tribal governments.

This $20 million from the CRF will be directed to the COVID-19 Relief Pennsylvania Statewide Small Business Assistance program to support additional Philadelphia businesses. Instead of launching a new program and application process, the Department of Commerce opted to provide additional resources to the existing statewide program coordinated by the PA Community Development Finance Institution Network. The CRF money will be used to make grants specifically to the most-impacted Philadelphia-based businesses — with a focus on those in low- to moderate-income neighborhoods.

Supplemental Executive Order on Large Gatherings

The City has issued a supplemental order regarding special events and large gatherings. The order supplements the Modified Green Phase executive order issued on July 5, 2020, and previous policy statements. This order states that the City will not be evaluating applications for special event or demonstration permits through October 22, 2020, and any subsequent renewals of the order. It also states that for outdoor events of 150 people or less, the City’s normal special event or demonstration permitting requirement will not be enforced, but that other permitting requirements may be applicable depending on the nature of the event.

Based on current evidence regarding the status of the pandemic in Philadelphia and its unpredictability, the City strongly advises event organizers against planning large events to occur before February 28, 2021.

Launch of PickupPHL

Mayor Jim Kenney and the Streets Department today announced the launch of PickupPHL, a new public-facing, interactive tool designed to provide direct access to the City’s residential sanitation services. PickupPHL is an interactive web map that allows residents to view and track the status of daily trash and recycling collections. The new online platform goes live on October 1.  

Updates from City Council

At this morning’s session of City Council the following bills were reported from committee and placed on the first reading calendar.

• Bill 200018 (Sqilla)-  Amending Title 21 of The Philadelphia Code, entitled “Miscellaneous,” by adding a new Chapter 21-3200, entitled “Business Improvement Districts and Special Services Districts,” to establish uniform procedures for the filing of objections by affected property owners against the formation of Business Improvement Districts and Special Services Districts, all under certain terms and conditions.

• Bill 200260 (Squilla)- Amending Title 4, Subcode “A” of the Philadelphia Building Code, to revise certain provisions of Chapter 3, Permits, and amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning,” to revise certain provisions of Chapter 14-300, entitled “Administration and Procedures,” by amending the terms and conditions of Administrative Review; all under certain terms and conditions.

City Council New Bills and Resolutions

At this morning’s session of City Council the following bills and resolutions were introduced.

• Councilman Allan Domb introduced a series of bills to extend the use of street closures and sidewalk cafes until Dec 31 in an effort to help restaurants continue the use of outdoor dining.

• Councilman Isaiah Thomas introduced a resolution calling for the creation of the Arts and Culture Taskforce

View the status of pending bills and resolutions »

View upcoming confirmed City Council meeting dates and agendas »

City Council Hearings

• Joint Committees on Finance & Commerce and Economic Development

Wednesday, September 30, 2020 at 9:30am, in a remote manner using Microsoft Teams. This remote hearing may be viewed on Xfinity Channel 64, Fios Channel 40 or phlcouncil.com/watch, to hear testimony on the following items:

Resolution 200336 – Authorizing the Committees on Finance and on Commerce & Economic Development to hold joint hearings regarding Philadelphia’s safe, equitable, and robust economic recovery from the coronavirus pandemic.

Upcoming City Hall Connectors Virtual Programs

• October 20 – City Hall Connectors: Councilmember Cherelle Parker »

Councilmember Cherelle Parker, 9th District and Majority Leader, will discuss City Council’s role in managing ongoing efforts to mitigate the COVID-19 pandemic and energize business recovery. Learn how Philadelphia’s business community can work with members of Council to help position the City towards meaningful recovery.

Sponsorship opportunities are available for our Advocacy programs to fit a variety of goals and budgets. Contact Tara Orio at  torio@chamberphl.com for more information.

The constantly changing nature of this public health crisis requires continued engagement with public policy developments. We invite you to reach out to our advocacy team directly with your questions: 

• Anselm Sauter, Federal Affairs – asauter@chamberphl.com 
• Liz Ferry, State Affairs – lferry@chamberphl.com 
• William Carter, Local Affairs – wcarter@chamberphl.com 

Chamber members are invited to join weekly legislative update calls hosted by our Advocacy team to hear the latest on COVID-19 relief and recovery efforts at the federal, state, and local level as well as other legislative matters concerning our community.

To learn more about how our region is preparing for recovery, visit our Recharge & Recover PHL Information Hub: