Senate approves bill package to delegate control of opening the economy to communities

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A four-bill package recently approved in the state Senate would give county governments more control regarding reopening local economies amid the COVID-19 pandemic and bringing back more than 200,000 jobs across the Commonwealth.

“We are by no means completely abandoning the mitigation steps that are in place. This outbreak is not over. However, we need to look to the future and establish a clear recovery process for the Commonwealth,” Senate President Pro Tempore Joe Scarnati (R-Cameron County) said.

Senate Bill 327 would give county governments the option to develop and implement individual plans to mitigate the spread of COVID-19 and reopen local economies. This includes industries affected by Gov. Tom Wolf’s nonessential-business closure order. The businesses must comply with Centers for Disease Control and state Department of Health employee safety guidelines.

The bill also includes the creation of a COVID-19 cost and recovery task force and a COVID-19 emergency regulatory tolling provision.  The provision would require any regulation not officially approved or disapproved to be suspended until 90 days after the emergency order is lifted.

House Bill 2412 provides for waivers from the closure order for legal services and real estate sales activities, as long as those business take steps to implement safety guidelines.

House Bill 2388 would require the Department of Community and Economic Development (DCED) to issue waivers to the governor’s business closure order to vehicle dealers, lawn and garden centers, cosmetology salons, barber shops, messenger and agent services, animal grooming services and manufacturing operations.

House Bill 327 would permit the sale by those possessing a valid restaurant or hotel liquor license of prepared beverages and mixed drinks for off-premise consumption during the disaster emergency. The bill applies to licensees who have lost more than 25 percent of their average monthly sales as a result of the emergency.

“This process should not be dictated from the top down, but rather be a collaborative effort that relies on the expertise of our local officials,” Scarnati said. “They know their communities and as such they should play a major role in the recovery process.”

Senate Bill 327, House Bill 2388 and House Bill 2412 return to the House to consider Senate amendments. House Bill 327 moves to the governor for consideration.

Dr. Steven Shapiro, chief medical and scientific officer at UPMC, and Dr. Donald Yealy, chairman of Emergency Medicine at UPMC, testified Wednesday at a joint public hearing of the Senate Aging and Youth and Local Government committees on counties’ ability to reopen safely and the safety of vulnerable populations.

The physicians said reopening is feasible for many industries but only if mitigation efforts are maintained and steps are taken to protect vulnerable populations.

The Pennsylvania Manufacturers’ Association (PMA) said in a recent bulletin that it believes the Wolf administration has been secretive about the process the DCED used to classify some businesses as essential.

Some counties have low cases of COVID-19, and transiting to the “yellow” reopening phase would save some family-sustaining jobs and businesses from catastrophic failure, PMA said.

“At every turn, Gov. Wolf has refused to listen to the stakeholders, haphazardly issuing commands with total disregard as to their real-world impact,” David N. Taylor, PMA president and CEO, said.

Eleven counties, many in the southcentral part of the commonwealth, are expected on Friday to move into the yellow phase in defiance of the governor’s schedule.

Earlier this week the governor threatened to withhold emergency funding if counties reopen their economies without the Wolf administration’s authorization.

On Tuesday, Wolf said, “The funding we have put aside to help with fighting this crisis will go to the folks who are doing their part. That includes our CARES Act funding, which will be used to support counties that are following the orders to prevent the spread, and the medical communities who are treating patients. However, other discretionary funding won’t go to counties that put us all at risk by operating illegally.”

Meanwhile, Sen. Mike Regan (R-Cumberland) held a press briefing Thursday at Shep’s Barber Shop in Enola. The shop was issued a cease and desist order from the Wolf administration.

Regan called on President Donald Trump, U.S. Attorney General William Barr, and David Freed, U.S. attorney for the Middle District of Pennsylvania, to intervene and help Pennsylvania’s business owners.