Legislative Updates: A Weekly Roundup of Federal, State, and Local Actions – March 5

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 9:00 a.m. on Friday, March 5, 2021.

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:

• URGENT ACTION NEEDED: The Chamber urges its members to contact City Council to ask that they either support an amendment to the recently approved Public Health Emergency Leave legislation that would exempt businesses that already provide paid time off from the new legislation or wait until the federal bill passes.
• As vaccine production and distribution continue to ramp up, city leaders will need to begin addressing key questions to plan for what life will be like for the city, its residents, and businesses when the worst of the pandemic is over. 
• Councilmember Domb introduced a resolution calling for hearings examining best practices and new ideas for safely reopening the City’s workspaces including office buildings and other high-risk congregate settings not currently operating at pre-pandemic capacity.
• Additional resolutions introduced to Council include a call for hearings regarding the potential of land value taxation in and for Philadelphia; a call for the Federal Reserve Bank to offer long-term loans to state and local governments; and a call for a hearing to review past and current guidance for restaurant capacity.
• The Committee on Appropriations will hold a hearing in the coming week. Read the full report for more details.
• Confirmed COVID-19 cases in Philadelphia have exceeded 114,700 with over 3,140 deaths.
• The Department of Labor announced it will begin enforcing the predictability pay requirement from Philadelphia’s Fair Workweek law on June 1, 2021.
• The Chamber will host a virtual event with Councilmember Green, the Commerce Department’s Iola Harper, AACC’s Regina Hairston, and GPHCC’s Nestor Torres (Mar. 12). Read the full weekly update to learn more and register.

• Gov. Wolf announced a loosening of his pandemic restrictions on public gatherings and travel in response to a decline in virus caseloads. See the full report for more details.
• The Chamber is seeking clarification from the Wolf Administration regarding telework requirements, as the current language may prohibit employers from asking employees to return to work even if their office space can safely accommodate them. 
• The state House has not yet voted on the constitutional amendment to have voters decide whether or not to amend the state’s constitution to allow for the election of state appellate court judges by regional districts instead of statewide. This means it cannot be on the May 18th primary election ballot. 
• PA Supreme Court Chief Justice Saylor announced he will transfer the position of chief justice to Justice Max Baer as of Apr. 1, but will stay on the court until mandatory retirement on Dec. 31. 
• The PA Independent Fiscal Office released its February Monthly Revenue Update comparing FY21 revenues to the IFO’s official estimate released in January. See the full report for more details. 
• The Chamber will host a virtual event with PA Senate Majority Leader Kim Ward (Mar. 11). Read the full weekly update to learn more and register.

• Last week, the House passed a $1.9 trillion relief and assistance package, sending the proposal to the Senate, who will attempt to send a version of the bill to the President’s desk before emergency relief programs begin to expire in the middle of March.
• The House bill in its current form has been ruled out of order by the Senate and therefore needs to be amended in the Senate. Because Democrats are advancing the package through the budget reconciliation process to win passage in the Senate with a simple majority, every provision must be related to the federal budget.
• Senate Democrats need every member of their party caucus to support the package in order to reach a 50-50 vote with Vice President Harris casting the tie-breaking vote. 
• In anticipation of Congress advancing an infrastructure bill, the House Committee on Transportation and Infrastructure announced that it will create a process for Members of Congress to submit requests for highway and transit projects that are consistent with state and local infrastructure plans.

Partnership to Build an Inclusive Recovery – Update

URGENT ACTION NEEDED – CONTACT PHILADELPHIA CITY COUNCIL

This week there was some good news, as vaccine production and distribution continue to ramp up and the timeline for getting Americans vaccinated continues to move forward.  Additionally, the federal government took an important step forward toward approving new pandemic relief legislation that includes significant funding for state and local governments. 

Together, these developments should allow Philadelphia to begin to plan for what life will be like for the city, its residents and businesses when the worst of the pandemic is over. 

Key questions city leaders will need to address are:

• What needs to happen so that businesses can re-open and workers are able to come back into the city?
• What will it take to create new businesses to replace the ones that closed due to COVID?
• What can be done to rapidly create new jobs – not just to replace those that were lost, but new ones in order to reduce Philadelphia’s highest among big cities’ poverty rate?

That’s why we were encouraged by City Council’s move this week to begin holding hearings on specific actions needed to re-open the city, put people back to work, and generate critically needed tax revenues.

Councilmember Domb introduced a resolution calling for hearings examining best practices and new ideas for safely reopening the City’s workspaces including office buildings and other high-risk congregate settings not currently operating at pre-pandemic capacity.

Councilmember Cindy Bass introduced a resolution calling for a hearing to determine what policies need to be revised to allow restaurants to re-open successfully while protecting the public’s health.

As part of its efforts to create a new partnership between government, business, and the community as the Philadelphia region re-opens following the COVID-19 crisis, the Chamber of Commerce expects to be integrally involved in these hearings and planning. 

This isn’t to say that every member of Council has been focused on what’s best for the city’s future, of course.

Unfortunately, Council’s Public Health and Human Services Committee approved legislation that would impose higher costs on already struggling businesses by mandating additional paid sick leave – even if a business already offers substantial paid time off.  This new proposal is both unwise and unnecessary – the federal relief bill being debated already expands paid time off.  There’s no reason for Philadelphia to act alone, putting its businesses at a disadvantage.

Call to Action for Council Connectors

The Chamber urges you to contact members of City Council and ask that they either support an amendment that would exempt businesses that already provide paid time off from the new legislation or wait until the federal bill passes.

Become a Council Connector

Council Connectors help advance our inclusive growth agenda through informal engagement with members of City Council. Such interaction would include meetings, phone calls or emails to members of Council to discuss our share priorities. These direct relationships with members of Council and other decision makers are critical to making progress on Philadelphia’s biggest challenges. To sign up to become a Council Connector please email Darrell Davis at ddavis@chamberphl.com.

Updates from City Council

Bill Introductions

• Councilmember Derek Green introduced a resolution calling for hearings regarding the potential of land value taxation in and for Philadelphia.
• Councilmember Domb introduced a resolution calling for hearings examining best practices and new ideas for safely reopening the City’s workspaces including office buildings and other high-risk congregate settings not currently operating at pre-pandemic capacity.
• Councilmember Kendra Brooks introduced a resolution calling on the Federal Reserve Bank to offer long-term loans with terms of up to 30 years to meet the borrowing needs of state and local governments and government units in the United States without charging any interest or fees. 
• Councilmember Cindy Bass introduced a resolution calling for a hearing to review past & current guidance for Restaurant Capacity; and, if needed, make recommendations to the Health Department to change current capacity requirements or recommend future capacity requirements.

Bill Reported from Committee

• Committee on Public Health and Human Services
  • Bill 210122– An Ordinance amending Section 9 4116 of The Philadelphia Code, entitled “Public Health Emergency Leave,” to establish leave time for public health emergencies, and modify existing provisions concerning the paid sick leave.

Upcoming City Council Hearings

• Committee on Appropriations
  Monday, March 8, 2021 at 1:00 p.m.
  • Bill 210160 – An Ordinance authorizing transfers in appropriations for Fiscal Year 2021 from the General Fund, the Council to the General Fund.

View the status of pending bills and resolutions »

View upcoming confirmed City Council meeting dates and agendas »

COVID-19 Case Data

Yesterday, the Philadelphia Department of Public Health reported the total number of confirmed cases of COVID-19 in Philadelphia has reached 114,755. The number of residents who have succumbed to the virus in Philadelphia has reached 3,145. Of the total deaths, 1,160 (37%) were long-term care facility residents.

Philadelphia Department of Labor Announces “90 Day Notice” for Fair Workweek Predictability Pay

The Philadelphia Department of Labor today announced that its Office of Worker Protections will begin enforcing the predictability pay requirement from Philadelphia’s Fair Workweek law on June 1, 2021. Philadelphia’s Fair Workweek law went into effect on April 1, 2020 requiring certain service retail and hospitality employers to provide a 14-day advance notice of posted work schedule, request employee consent for additional work hours, and other protections.

In response to the COVID-19 health emergency, the Office of Worker Protections paused enforcement of predictability pay as of the April 1, 2020 effect date of the law until further notice. Employers have been expected to comply with all other portions of the law during this period.

Predictability pay is compensation employers must provide to employees for employer-initiated changes to the posted work schedule such as reduced hours and changes to work shifts.

Covered service retail and hospitality employers include those with 250 or more employees and 30 or more locations, including franchises and chains. Temporary staffing agencies may also be covered by the Fair Workweek law. 

Employers can contact the Philadelphia Department of Labor, Office of Worker Protections to ask questions or request compliance support, and employees can contact the Office to ask questions or file a complaint, by emailing FairWorkweek@phila.gov. 

Upcoming Local Advocacy Programs

• March 12 – [Virtual] Doing Business with the City featuring Councilmember Green, Commerce Department’s Iola Harper, AACC’s Regina Hairston, and GPHCC’s Nestor Torres » Sponsored by: Verizon

Questions? Contact William Carter (wcarter@chamberphl.com) for more information about local legislative affairs.

Pennsylvania Eases Restrictions on Public Gatherings, Travel

On Monday, Pennsylvania Governor Tom Wolf announced a loosening of his pandemic restrictions on public gatherings and travel in response to a decline in virus caseloads.

According to the governor, he’s revised the maximum occupancy limits for indoor events, to allow for 15 percent of maximum occupancy regardless of venue size, and maximum occupancy limits for outdoor events, to allow for 20 percent of maximum occupancy regardless of venue size, as long as “core public health measures such as face covering (mask-wearing), social distancing, and hand hygiene” continue to be enforced and attendees and workers at these venues comply with a 6-foot physical distancing requirement.

Additionally, Governor Wolf and the state Health Department rescinded a November order that required anyone over the age of 11 who visits from another state to provide evidence of a negative COVID-19 test or place themselves in a travel quarantine for 14 days upon entering Pennsylvania. He added that additional reduced restrictions will not take place as new cases of variants continue to appear.

Still undetermined is language previously issued by the Wolf Administration that states, “Telework must continue unless impossible. All in-person businesses may operate at 75% occupancy, except where noted. Businesses must follow all the worker and building safety requirements for employers. “. The Chamber is seeking clarification around the words “must” and “impossible” as this language may prohibit employers from asking employees to return to work even if their office space can safely accommodate them.

Judicial Redistricting Update

In January, the state House Judiciary Committee passed a constitutional amendment to have voters decide whether or not to amend the state’s constitution to allow for the election of state appellate court judges by regional districts instead of statewide. The measure would divide statewide court elections into nine Commonwealth Court districts, 15 Superior Court districts, and seven Supreme Court districts. The Chamber sent a letter to the Southeast delegation in the Pennsylvania House and Senate in opposition to the proposal.

To date, the bill has not come up for a vote on the House floor. That means it cannot be on the May 18th primary election ballot because the legislature must pass constitutional amendments at least 90 days before an election.

During a Jan. 27 press conference in the Capitol, House Majority Leader Kerry Benninghoff, R-Centre, said there were already too many constitutional amendments on the May 18 primary ballot. However, it’s possible that both chambers could still pass the bill in the fall, with Sept. 2 being the deadline for the measure to appear on the ballot for the Nov. 2 general election.

PA Supreme Court Chief Justice Saylor to Step Down

Chief Justice Saylor announced that he will transfer the position of chief justice to Justice Max Baer as of April 1st, but will stay on court until mandatory retirement on Dec. 31. Saylor has been chief justice of the court since 2015 and has served on the high court for 23 years. Read the full press release »

State’s Monthly Revenue Update

The PA Independent Fiscal Office (IFO) February Monthly Revenue Update compares FY 2020-21 revenues to the IFO’s revised official estimate released in January. For February, actual collections were $509.6 million above IFO projections. February 2021 General Fund revenues of $2.68 billion reflect an increase of $516.3 million (23.8%) compared to the same month in the prior year.  View the full report »

Upcoming State Advocacy Program

• March 11 – [Virtual] State Advocacy Update with Senator Kim Ward »

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

Relief Package Moves to the Senate

Last week, the House passed a $1.9 trillion relief and assistance package, sending the proposal to the Senate for consideration. The American Rescue Plan passed in the House mostly along party lines with two Democrats voting with every Republican in opposition. The Senate is expected to take up the legislation this week in an attempt to send a version of the bill to the President’s desk before emergency relief programs begin to expire in the middle of March. 

The House bill in its current form has been ruled out of order in the Senate due to several recent rulings by the Senate parliamentarian. Since Democrats are advancing the relief package through the budget reconciliation process in order to win passage in the Senate with only a simple majority, every provision of the American Rescue Plan must be related to the federal budget. The Senate parliamentarian has ruled that inclusion of the minimum wage increase as well as two transportation-related projects were unrelated to the budget.

Therefore, the Senate will introduce several amendments to modify the House-passed bill to meet the strict budgetary rules of the reconciliation instructions. Senate Republicans are expected to oppose the legislation, which means that Senate Democrats need every member of their party caucus to support the relief package in order to reach a 50-50 vote with Vice President Kamala Harris casting the tie-breaking vote. If the modified relief package wins passage in the Senate, the bill will be sent back to the House for final consideration.

House Announces Process to Submit Transportation Projects Priorities

Congress is expected to advance an infrastructure bill shortly following the expected passage of the American Rescue Plan. In anticipation, the House Committee on Transportation and Infrastructure announced that it will create a process for Members of Congress to submit requests for highway and transit projects that are consistent with state and local infrastructure plans. The Committee will hold a hearing Apr. 14 to receive testimony from Members of Congress about their policy priorities. The formal process will be announced later this month.

The Committee will require all submissions to include the following information for each project requested:

• Documentation of whether the project is on the state transportation improvement program (STIP) and on the metropolitan transportation improvement program (TIP).
• Sources of funding for the full share of the cost of the project beyond the amount requested.
• Letter(s) of support from the state department of transportation, or local government, transit agency, or other non-Federal sponsor.
• A description of the process that has been or will be followed to provide an opportunity for public comment on the project.
• Project phase (e.g. Planning, Final Design, Construction)
• NEPA category of action (e.g. Categorical Exclusion, Environmental Assessment, Environmental Impact Statement).
• Status of environmental review.
• Any federal funding received to date.

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

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: