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, December 3, 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:

• A bipartisan, bicameral group of moderate congressional members released a $908 billion COVID-19 emergency relief framework that leverages new funding along with unused CARES Act funds and expired Paycheck Protection Program dollars.

• This proposal includes funding for state and local governments, supplemental unemployment, small business support programs, vaccine distribution, testing, and contact tracing, assistance to the transportation sector, and 6-months of liability protection against COVID-related lawsuits.

• House Speaker Pelosi and Senate Minority Leader Schumer endorsed the proposal as a starting point to negotiations with Republicans. This endorsement represents a significant concession by Congressional Democrats who have called for at least $2 trillion in emergency spending for several months.

• If an emergency relief package gains momentum, it is likely that it will be passed together with – not separate from – the FY2021 Omnibus Appropriations package that must be passed before the December 11 deadline when government funding expires. 

• The incoming Biden Administration continues to announce nominees and appointees with a clear focus on diversity, experience, and a tendency toward moderate choices that acknowledge the path to confirmation through a currently Republican-held Senate. 

• The Chamber will host virtual gatherings with Senator Bob Casey (December 7) and Congressman Brendan Boyle (December 18). Read the full update for more information and to register.

• PA Governor Tom Wolf vetoed House Bill 1737, legislation that would have provided businesses and other organizations who comply with government health orders and guidelines with COVID-19 liability protection.
• The Chamber advocated for the measure to ensure that businesses and health care providers who follow government orders and guidelines would be protected from lawsuits.
• The Pennsylvania Turnpike Commission will borrow $550 million to make its overdue transit payments to the state Department of Transportation. The payments to PennDOT, required under state law, have been a major reason the turnpike’s debt stands at more than $13 billion and why it will raise tolls for the 13th year in a row in January. 
• Governor Wolf announced a new testing strategy to provide more COVID-19 testing through the creation of five testing “strike teams” that will offer regional testing for 61 counties.

• The Chamber will hold a virtual event with Senator Pat Browne on December 9. Read the full weekly update to learn more and register.

• Confirmed COVID-19 cases in Philadelphia have exceeded 68,600 with over 1,990 deaths.

• The Department of Revenue announced changes aimed at providing business relief during the COVID-19 pandemic including certain exemptions from the Use & Occupancy Tax for restaurants and bars during the “Safer at Home” order, the opportunity to amend BIRT returns to receive a refund on estimated payments, and an extension of the refuse fee due date.  

• The Department of Commerce recently launched the Business Resource Finder, a web-based tool that can be used to search for free or low-cost services available to Philadelphia businesses.

• At this morning’s session of City Council, a resolution was introduced to hold hearings on coronavirus related restrictions on restaurants and other businesses and the impact on city’s fiscal stability and 5-year plan.
• Resolutions were also introduced calling on Congress to extend payroll tax relief to small and mid-sized business, for the PA Legislature to expand paid sick leave eligibility for essential workers, to hold hearings to examine the City’s preparedness to respond to hospital bed needs, and to hold hearings regarding accelerated permitting process for residential and commercial construction projects.
• Today Council also passed legislation to address matters related to commercial leases and provide eviction and financial relief to restaurant businesses that operate on leased premises.
• Legislation was reported on from Committee that addresses criminal record screening standards, modifications of tax abatements, the appropriation of certain real estate revenues to support neighborhood development, protections for hospitality and contract workers, CARES Act funding usage, and the landlord-tenant relationship during the COVID-19 pandemic.

• The Committee on Commerce and Economic Development will hold a hearing on December 9 to discuss Philadelphia’s neighborhood commercial corridors.

• The Chamber will host a virtual event with Councilmember Allan Domb on December 4. Read the full weekly update to learn more and register.

COVID-19 Relief Package 

U.S. Treasury Secretary Steven Mnuchin is urging Congress to tap into $454 billion of unused CARES Act funds from Federal Reserve lending programs to fuel an additional, targeted round of emergency relief measures in response to the pandemic and economic slowdown. In addition, there is $134 billion remaining from the expired Paycheck Protection Program. 

Using these previously appropriated CARES Act dollars together with new funding, a bipartisan, bicameral group of moderate congressional members released a $908 billion COVID-19 emergency relief framework, which includes $160 billion state and Local government aid, a $300 per week supplemental unemployment benefit through March, $180 billion in small business support programs, $16 billion into vaccine distribution, testing, and contact tracing, and $45 billion in assistance to airlines, airports, passenger rail, and transit. The proposal also includes a 6-month liability protection against COVID-related lawsuits that would allow states time to enact their own liability protections.

In a surprise announcement yesterday, House Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer endorsed the proposal as a starting point to negotiations with Republicans. This endorsement represents a significant concession by Congressional Democrats who have called for at least $2 trillion in emergency spending for several months.

The endorsement draws new lines for negotiations between Democrats and Republicans. Before the endorsement, Senate Majority Leader Mitch McConnell had countered the bipartisan proposal, with a Senate GOP targeted relief package. The Republican proposal would also use unspent CARES Act dollars to offset the $550 billion cost of the smaller stimulus proposal, which would enact liability protections, allow a second draw from the Paycheck Protection Program, and provide funding for education, child care, vaccine development, and testing.

Congress must pass a FY2021 Omnibus Appropriations package before it adjourns and members return home for the holidays. House and Senate appropriators recently reached an agreement on the topline funding levels for the dozen appropriation bills, which allows for smooth passage of a $1.4 trillion omnibus package before the December 11 deadline when government funding expires. A short-term continuing resolution may be necessary to allow congressional staff an extra week to finalize the legislation. If an emergency relief package gains momentum, it is likely that it will be passed together with – not separate from – the spending omnibus. 

Biden-Harris Administration Continues to Develop

The incoming Biden Administration continues to take shape as more Cabinet nominations and White House staff are unveiled. To date, the transition has named nominees and appointees in the areas of economy and national security, as well as key White House senior staff positions.

The announcements illustrate a range of experienced individuals, many with proven working relationships with President-Elect Biden which should contribute to a seamless transition. Many Democrat elected leaders in Congress and Governors’ seats are being looked over in large part to the risk of losing party control of any vacated seat and the larger consequences to the balance of power.

The President-elect’s pledge to assemble a diverse cabinet and staff that will “look like America” is on display. The transition has placed many people of color and women among its top picks. The White House communications team is slated to be led entirely by women.

The picks also show a trend to select moderates to cabinet posts, which may upset progressives but also it acknowledges the path to confirmation through a currently Republican-held Senate. Perhaps the most challenging path to confirmation is the selection of Neera Tanden as Director of Office and Management and Budget. The former senior adviser for health reform at the U.S. Department of Health and Human Services under the Obama Administration has been openly critical of Republican leaders and even some far-left progressives.

Upcoming Federal Advocacy Program

• December 7 – [Virtual] Federal Advocacy Update with U.S. Senator Bob Casey »
• December 18 – [Virtual] Federal Advocacy Update with Congressman Brendan Boyle »

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

PA Governor Vetoes COVID-19 Liability Protection Bill

This week, Pennsylvania Governor Tom Wolf vetoed House Bill 1737 that would have provided businesses and other organizations with COVID-19 liability protection.

The Chamber of Commerce for Greater Philadelphia advocated for the measure to ensure that businesses and health care providers who follow government orders and guidelines would be protected from lawsuits.

Restaurants, businesses, child care centers, long-term care facilities, and hospitals, expressed concern that they will face lawsuits regarding their decisions following federal and state health care guidelines. HB 1737 extended liability protection to those businesses, schools, colleges and universities, child care centers, and health facilities that comply with health orders and government standards.  They would have received no protection under the bill unless they complied with health orders. 

PA Turnpike to Borrow $550 Million

The Pennsylvania Turnpike Commission will borrow $550 million to make its overdue transit payments to the state Department of Transportation, the agency announced this week.

Under state law, the turnpike is required to pay PennDOT $450 million a year, most of it going to public transit. Because the COVID-19 pandemic kept many motorists home, PennDOT allowed the turnpike to defer its July and October payments of $112.5 million each.

Recently, PennDOT ordered the turnpike to make good on its transit payments by Jan. 31. As a result, the turnpike commission voted to issue $550 million worth of bonds to cover the payments for the entire year and give the agency more money to cover its debt service in the next two years. The payments to PennDOT have been a major reason the turnpike’s debt stands at more than $13 billion and it will raise tolls for the 13th year in a row in January. 

PA Gov. Announces Additional Testing 

On Tuesday, Governor Tom Wolf announced a new testing strategy to provide more COVID-19 testing to many areas of Pennsylvania.

Over the next 12 weeks, AMI Expeditionary Healthcare (AMI) will have five testing “strike teams” offering regional testing for 61 counties. AMI under its initial contract had been using two testing teams to provide testing in two separate counties at a time, with testing having been provided to more than 18,500 patients in Centre, Columbia, Indiana, Berks, Northumberland, Lebanon, Huntingdon, Westmoreland, Blair, Bradford, and Lackawanna counties. 

Upcoming Virtual State Adovocy Programs

• December 9 – State Advocacy Update with Senator Pat Browne »

Questions? Contact Liz Ferry (lferry@chamberphl.com) for more information about state legislative affairs.

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 68,690. The number of residents who have succumbed to the virus in Philadelphia has reached 1,990. Of the total deaths, 931 (47%) were long-term care facility residents.

Business Tax Relief

The Department of Revenue announced three changes aimed at providing Philadelphia businesses with additional relief during the COVID-19 pandemic. The changes are as follows:

• Amending U & O guidance to exempt the portion of restaurants and bars used for indoor dining from Use & Occupancy Tax: This initiative will exempt restaurants and bars from Use & Occupancy tax on the square footage of the business used for indoor dining (dining room space) during the period when indoor dining is prohibited. This exemption is for this most recent “Safer at Home” phase and would be effective from November 20, 2020, through January 1, 2021. 
• Businesses can amend BIRT returns and receive a refund: Under this initiative, the Revenue Department will provide guidance and instruction to businesses that believe they overestimated their 2020 BIRT estimated payment, they can amend the return and provide a new, more realistic, estimated payment and have the difference refunded. It would take six to eight weeks for businesses to receive refunds.  
• Extending Refuse Fee due dates: Under this measure, the full $500 refuse fee is now due by June 30, 2021. Previously, half of the annual fee was due December 31, 2020.   

New Business Resource Tool on Phila.gov

To further support the city’s small businesses and entrepreneurial community, the Department of Commerce recently launched a new resource tool that can help connect local business owners and entrepreneurs with organizations that offer guidance on starting, running, and growing a business. With the Business Resource Finder, users can search for free or low-cost services available to Philadelphia businesses, including funding opportunities, legal assistance, workshops, and more.

Updates from City Council

Bill Introductions

• Councilmember Domb introduced a resolution authorizing Council’s Committee on Fiscal Stability and Intergovernmental Cooperation to hold hearings on coronavirus related restrictions on restaurants and other businesses and the impact on city’s fiscal stability and 5-year plan
• Councilmember Kendra Brooks introduced a resolution calling on Congress to extend payroll tax relief to small and mid-sized business and for the PA Legislature to expand paid sick leave eligibility for essential workers.
• Councilmember Jones introduced a resolution calling on for hearings to examine the City’s preparedness to respond to hospital bed needs of the public during public health emergencies and to explore additional options for temporary hospital sites.
• Council President Clarke introduced a resolution authorizing Council’s Committee on Licenses & Inspections to hold hearings regarding accelerated permitting process for residential and commercial construction projects.

Bills Reported from Committee

• Committee on Public Safety

Bill 200479 – An Ordinance amending Chapter 93500 of The Philadelphia Code, entitled “Fair Criminal Record Screening Standards,” by amending definitions, revising restrictions, and amending and clarifying remedies.

• Committee of the Whole

Bill 200366 – An Ordinance amending Section 19-1303(4) of The Philadelphia Code, entitled “Authorization to Offer Exemption from Real Estate Taxes on New Construction of Residential Properties,” by modifying the start date of certain changes to tax abatements with respect to new residential construction, all under certain terms and conditions.

Bill 200556 – An Ordinance providing for a payment to the City upon the construction of certain real estate, and directing Council to appropriate revenues from such payments to the Department of Planning and Development – Division of Housing and Community Development, in order to support equitable neighborhood development by constructing affordable housing, including units for sale or rent; providing assistance to Philadelphians who desire to become homeowners; providing opportunities for workforce development and apprenticeship; and requiring M/W/DBE participation goals.

Bill 200653 – An Ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled “Real Estate Taxes,” by modifying the amount of certain tax abatements, all under certain terms and conditions.

• Committee of Law and Government

Bill 200557 – An Ordinance adding a new Chapter 9-5300 to The Philadelphia Code, entitled “Travel and Hospitality Worker Recall and Retention,” to require that certain laid-off employees in certain hospitality and travel-related industries are offered job positions as they become available, all under certain terms and conditions.

Bill 200559 –  An Ordinance amending Chapter 9-2300 of The Philadelphia Code, entitled “Protection of Displaced Contract Workers,” by clarifying definitions and scope of applicability, all under certain terms and conditions.

Bill 200563 – An Ordinance adding a new Chapter 9-5400 of The Philadelphia Code, entitled “Retention of Hotel Workers,” to require that hotel employees receive notice of changes in hotel ownership or control, and providing related employment protections, all under certain terms and conditions.

• Committee on Finance

Bill 200573- An Ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled “Real Estate Taxes,” by clarifying definitions and process regarding qualification for certain tax abatements based on tax delinquency, all under certain terms and conditions.

Bill 200624- An Ordinance approving a Second Substantial Amendment to the Annual Action Plan 2019-2020 to add $11,311,404 in Federal Coronavirus Aid, Relief and Economic Security Act funding, all under certain terms and conditions.

• Committee on Housing, Neighborhood Development and The Homeless

Bill 200616- An Ordinance amending Chapter 9-800 of The Philadelphia Code, entitled “Landlord and Tenant,” to address matters related to the landlord and tenant relationship during the novel coronavirus of 2019 pandemic, including but not limited to periods of applicability of various provisions, such as the applicable period of the eviction diversion program, and time frames applicable to qualification for certain provisions, all under certain terms and conditions

Bills on Final Passage

• Bill 200574- Amending Title 9 of The Philadelphia Code to address matters related to commercial leases and provide eviction and financial relief to restaurant businesses that operate on leased premises, all under certain terms and conditions.

The following bills were amended and placed on the final reading calendar:

• Bill 200588 – An Ordinance amending Title 17 of The Philadelphia Code, entitled “Contracts and Procurement,” by amending Chapter 17-100, entitled “Procurement Contracts,” to add disclosure requirements related to prior contracting experience and the demographic characteristics of employees and board members of contractors and subcontractors for City contracts for competitively bid goods;

• Bill 200589 – An Ordinance amending Chapter 17-100, entitled “Procurement Contracts,” by adding requirements related to the provision of information regarding the demographic characteristics of the employees of, and the labor force used by, City contractors and subcontractors in the performance of work under certain City contracts for competitively bid services.

• Bill 200590 – An Ordinance amending Title 17 of The Philadelphia Code, entitled “Contracts and Procurement,” by amending Chapter 17-100, entitled “Procurement Contracts,” and Chapter 17-1400, entitled “Non-Competitively Bid Contracts; Financial Assistance,” to add disclosure requirements related to prior contracting experience and the demographic characteristics of employees, other sources of labor, and board members of contractors and subcontractors for City contracts for public works, other competitively bid services, and professional services, and by adding reporting requirements.

View the status of pending bills and resolutions »

View upcoming confirmed City Council meeting dates and agendas »

City Council Hearing

• Committee on Commerce and Economic Development

Wednesday, December 9, 2020 at 9:30 am

Resolution 200665 – Resolution authorizing the Committee on Commerce & Economic Development to hold hearings on the state of Philadelphia’s neighborhood commercial corridors.

City Council hearings are held in a remote manner using Microsoft Teams. This remote hearing may be viewed on Xfinity Channel 64, Fios Channel 40 or phlcouncil.com/watch.

Upcoming City Hall Connectors Virtual Programs

• December 4 – City Hall Connectors: Councilmember Allan Domb »

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: