Legislative Updates: A Weekly Roundup of Federal, State, and Local Actions – October 21

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, October 21, 2022.

Chamber members are invited to join weekly legislative update calls hosted by our Advocacy team to hear the latest legislative matters concerning our community. Please note the next weekly legislative call will be held on Friday, November 4, 2022 from 9:00 – 9:30 AM.

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

Councilmember David Oh introduced a resolution to recognize and commemorate the 10th Anniversary of the Asian American Chamber of Commerce of Greater Philadelphia.  

On Friday, October 14, 2022, Mayor Jim Kenney announced that Atif Saeed will become the new Chief Executive Officer of the Division of Aviation, which includes Philadelphia International Airport (PHL) and Northeast Philadelphia Airport (PNE), effective Thursday, December 1, 2022. 

On Monday, October 17, 2022, officials from the city's Department of Commerce launched its listening and engagement tour with residents and businesses that have a stake in the nighttime economy.  

On Wednesday, October 19, 2022, the City of Philadelphia announced details of the revised Outdoor Dining Program, including regulations for streeteries and providing restaurant owners with new annual licensing options for a type of outdoor dining authorized in the parking lane on city streets.  

On Monday, October 24, 2022, the City Council Committee on Commerce and Economic Development will hold a hearing on Councilmember Brooks' most recent Public Health Emergency Leave bill. 

Join the Chamber on Friday, October 28, 2022, for our in-person 222nd Annual Meeting (ticket sales will close at 6:00 PM on Friday, October 21); on Tuesday, November 15, 2022, for our virtual City Hall Connectors: Councilmember Katherine Gilmore Richardson; and on Thursday, December 8, 2022, for our in-person City Council Reception.   

The Chamber is working with PA Rep. Martina White (R-Phila) to advance her legislation now pending in the Senate, House Bill 324, to extend the ability of businesses operating in the City of Philadelphia to carry forward Net Operating Losses (NOLs).

Under current law, the City of Philadelphia is authorized to permit businesses operating in the city to carry forward a NOL against their local Business Income and Receipts Tax (BIRT) for a three-year period. In December 2018, the Philadelphia City Council voted 15:2 to extend this ability to 20 years upon authorization by the General Assembly.

The measure passed the House on Tuesday, January 25, 2022, and is pending in the Senate waiting on third consideration. In the few remaining session days left, the Chamber is urging the Senate to pass the bill and for Governor Wolf to sign it.   

HAV Bill Passes Transportation Committee
On Tuesday, October 18, 2022, the PA Senate Transportation Committee approved House Bill 2398 to change the Motor Vehicle Code to allow highly automated vehicles (HAVs) to be tested under an automated driving system without a human in the driver's seat.  

Join the Chamber  Tuesday, October 25, 2022, for our virtual State Advocacy Update: Discuss the Pennsylvania Election with Bravo Group; on Monday, November 28, 2022, for our in-person Southeastern Delegation Legislative Reception; on Tuesday, December 6, 2022, for our in-person Advancing Pennsylvania's Regional Economy; and on Monday, December 19, 2022, for our virtual State Advocacy Update with House Speaker Bryan Cutler.    

Congress Stands in Recess
Congress currently stands in recess until after the mid-term elections for members to campaign for re-election bids. 

City Council Stated Meeting
Councilmember Kenyatta Johnson was absent from the Thursday, October 20, 2022, Council session. Councilmember Johnson's retrial on federal bribery charges started on Wednesday, September 28, 2022. Councilmember Johnson's first trial ended in a mistrial in April 2022. The retrial is expected to last until the end of October. 

Bills and Resolutions Introduced
Councilmember Curtis Jones, on behalf of Council President Darrell Clarke, introduced a resolution to authorize the City Council Committee on Housing, Neighborhood Preservation, and The Homeless to hold hearings on expiring HUD contracts in the city. According to news reports, nearly 2,000 subsidized units will come off of the affordable housing rolls in the next five years due to expiring HUD contracts. The most current and public example of an expiring HUD contract is the University City Townhomes located at 3990 Market Street, where the owner opted not to renew the HUD contract for the property last year. This has resulted in ongoing community protests, including a protest encampment in July 2022, and litigation against the City of Philadelphia. 

Councilmember David Oh introduced a resolution to recognize and commemorate the 10th Anniversary of the Asian American Chamber of Commerce of Greater Philadelphia. 

Bill 220654, Evening Curfew Hours for Minors, was held at the Thursday, October 20, 2022, Council session. Once approved, this bill would permanently change evening curfew hours to 10:00 PM for minors aged 14-17. This bill will again be on the Second Reading and Final Passage calendar at the next session of City Council on Thursday, October 27, 2022.  

Bill 220634, the North Broad Business Improvement District, was held at the Thursday, October 20, 2022, When the proposal for the North Broad BID passed out of City Council's Rules Committee on September 20, that marked the beginning of a 45-day objection period. If 51% of property owners in the BID express their disapproval by mid-November, the effort is dead, regardless of whether City Council approves the legislation. This bill will again be on the Second Reading and Final Passage calendar at the next session of City Council on Thursday, October 27, 2022.  

Upcoming City Council Hearings
On Friday, October 21, 2022, the City Council Committee on Rules will hold a hearing on zoning bills to create the Nelson Brown People's Village, the Yorktown Neighborhood, and the Nehemiah Homes Overlay Districts. 

On Monday, October 24, 2022, the City Council Committee on Commerce and Economic Development will hold a hearing on Councilmember Kendra Brooks' most recent Public Health Emergency Leave bill. This bill is intended to correct codification errors in the previous bill related to the definitions of employer and employee. In addition, the Committee will also examine what the Philadelphia Water Department is doing to take advantage of federal water quality infrastructure funding to address chronic sewage overflows in overburdened communities and improve the water quality of the Delaware and Schuylkill Rivers for public recreation use. 

On Friday, October 28, 2022, the City Council Committee on Streets and Services will hold a hearing on various parking regulation, encroachment, line and grade revision, and stop sign installation bills. 

Odds and Ends
On Friday, October 14, 2022, Mayor Jim Kenney announced that Atif Saeed will become the new Chief Executive Officer of the Division of Aviation, which includes Philadelphia International Airport (PHL) and Northeast Philadelphia Airport (PNE), effective Thursday, December 1, 2022. Saeed currently serves as the CFO of the Metropolitan Airports Commission (MAC), which operates Minneapolis-St. Paul International Airport (MSP) and six general aviation airports. 

On Monday, October 17, 2022, officials from the city's Department of Commerce launched its listening and engagement tour with residents and businesses that have a stake in the nighttime economy. Their goal is to provide a space for feedback while elevating accountability and public participation in governmental decision-making processes for businesses that operate after 5:00 PM. 

On Wednesday, October 19, 2022, Mayor Jim Kenney announced that Chief Education Officer Otis Hackney will leave city government at the end of October. Appointed Chief Education Officer in December 2015, Hackney led the Mayor's Office of Education and oversaw two major education initiatives during Mayor Kenney's first term: the launch of the PHL PreK and the creation of Community Schools in partnership with the School District of Philadelphia. Hackney also facilitated the Administration's effort to return Philadelphia's public schools to local control. Following Hackney's departure, the Office of Children and Families will oversee the City's education policy priorities. 

On Wednesday, October 19, 2022, the City of Philadelphia announced details of the revised Outdoor Dining Program, including regulations for streeteries and providing restaurant owners with new annual licensing options for a type of outdoor dining authorized in the parking lane on city streets. The permanent regulations replace temporary regulations that were established during the pandemic to support restaurants when restrictions limited their ability to operate indoors. 

Upcoming Local Advocacy Programs 
222nd Annual Meeting 
Friday, October 28, 2022 | 11:00 AM – 1:30 PM 
Ticket sales will close at 6:00 PM on Friday, October 21.   

City Hall Connectors: Councilmember Katherine Gilmore Richardson
Tuesday, November 15, 2022 | 11:00 AM – 12:00 PM   

City Council Reception
Thursday, December 8, 2022 | 5:00 PM – 6:30 PM 

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

The Chamber is working with PA Rep. Martina White (R-Phila) to advance her legislation now pending in the Senate, House Bill 324, to extend the ability of businesses operating in the City of Philadelphia to carry forward Net Operating Losses (NOLs).
Under current law, the City of Philadelphia is authorized to permit businesses operating in the city to carry forward a NOL against their local Business Income and Receipts Tax (BIRT) for a three-year period. In December 2018, the Philadelphia City Council voted 15:2 to extend this ability to 20 years upon authorization by the General Assembly.

The legislation amends the "First Class City Business Tax Reform Act" to provide the necessary statutory authorization that will give effect to the passage of Bill No. 180909 by City Council. This measure will not only prove invaluable in strengthening the tax climate to attract and retain businesses but will also bring the city in line with the current state-wide treatment of NOLs – which is also 20 years. 

The measure passed the House on Tuesday, January 25, 2022 and is pending in the Senate waiting on third consideration. In the few remaining session days left, the Chamber is urging the Senate to pass the bill and for Governor Wolf to sign it.  

HAV Bill Passes Transportation Committee
On Tuesday, October 18, 2022, the PA Senate Transportation Committee approved House Bill 2398 to change the Motor Vehicle Code to allow highly automated vehicles (HAVs) to be tested under an automated driving system without a human in the driver's seat.  

Senate Transportation Majority Chairman Wayne Langerholc (R-Cambria) successfully introduced an amendment that addressed several issues, including procedures when an HAV is in an accident, the role of first responders, and the responsibilities of an HAV certificate holder in an accident, including having a minimum of $1 million in insurance coverage.  

Upcoming State Advocacy Programs  
State Advocacy Update: Discuss the Pennsylvania Election with Bravo Group 
Tuesday, October 25, 2022 | 10:00 AM – 11:00 AM   

Southeast Delegation Legislative Reception 
Monday, November 28, 2022 | 5:30 PM – 7:00 PM   

Advancing Pennsylvania's Regional Economy
Tuesday, December 6, 2022 | 8:30 AM – 10:30 AM  

State Advocacy Update with House Speaker Bryan Cutler
Monday, December 19, 2022 | 10:00 AM – 11:00 AM 

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

Congress currently stands in recess until after the mid-term elections for members to campaign for re-election bids. 

All 435 House seats are up for election in November. The Cook Political Report rates 31 House races as toss-ups. 22 of the 31 races are currently held by Democrats. 

35 of 100 seats are up for election in the Senate. 23 races are currently Republican-held seats; 12 Democrat-held seats. Less than ten seats are rated competitive by Cook Political Report. 

This week's AARP Pennsylvania poll showed Democrat John Fetterman and Republican Mehmet Oz polling within the margin of error in Pennsylvania's U.S. Senate race, 48% to 46%. 

Morning Call/Muhlenberg College poll shows Democratic Rep. Susan Wild and Lisa Scheller in a 'dead heat' for Lehigh Valley's seat in Congress, 47% to 46%.  

In a speech at the beginning of this week in Washington, DC, the President announced that the federal government will now begin accepting applications for student loan forgiveness of up to $20,000 to Federal Pell Grant recipients and up to $10,000 to non-Pell Grant recipients. Individuals who made less than $125,000 in 2021 or 2020 are eligible to apply.  Applicants can apply no later than Dec. 31, 2023. 

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

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 at the federal, state, and local level, as well as other legislative matters concerning our community. Please note the next weekly legislative call will be held on Friday, November 4, 2022 from 9:00 – 9:30 AM.

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