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Senate Answers Call on Permitting Reform; Tax Bills Clear Committee

Last week, the Pennsylvania Senate voted to pass a comprehensive permitting reform bill that addresses several of the business community’s top concerns regarding the current process, while two committees advanced a suite of proposals to improve Pennsylvania’s tax competitiveness and enhance the permit appeals process, respectively.

Here are the highlights from last week’s session:

 

Permitting Reform

The PA Chamber coordinated a broad coalition of chambers of commerce and other statewide employer associations in sending a letter to Gov. Shapiro and state lawmakers last Monday calling for reforms to Pennsylvania’s system of issuing state permits for construction and other projects. Two days later, a bipartisan majority of senators voted to pass Chamber-supported legislation, Senate Bill 350, sponsored by Sen. Kristin Phillips-Hill (R-York).

Senate Bill 350 would require state agencies that issue permits to post information about the permits they grant on their website, create an accessible tracking system for applicants to check on the status of their applications, and clearly state the legal authority on which the agencies rely when rejecting a permit application. Moreover, the bill establishes a timeframe in which permits must be reviewed and issued – or otherwise be “deemed approved,” and provides for expanded use of authorized third-party contractors to review applications.

The PA Chamber sent a memo to Senate lawmakers last Wednesday, urging their support for this critical legislation. Senate Bill 350 later passed by a bipartisan vote of 29-19.

In a statement, PA Chamber President Luke Bernstein hailed the bill’s passage as a “generational opportunity” to enact reforms that “would lead to more jobs, greater transparency, and ultimately, a stronger economy.” To read the Chamber’s full statement on Senate Bill 350, click here.

Additionally, Bernstein joined Sen. Phillips-Hill on an episode of her podcast, Kristin’s Corner, prior to the vote to discuss the positive impacts this legislation would have on Pennsylvania’s economy. To listen to their conversation, click here.

The Senate Environmental Resources and Energy Committee separately voted on Wednesday to advance Senate Bill 198. Sponsored by Sen. Camera Bartolotta (R-Washington), the bill aims to improve the state’s permit appeals process. The PA Chamber sent a memo to committee members ahead of its consideration to express support for the proposal, which later passed by a vote of 7-4.

 

Business Tax Reform

The PA Chamber coordinated a separate letter from employer and industry associations to the governor and legislators last Monday urging them to build on the historic, bipartisan tax reforms accomplished last session to further improve Pennsylvania’s business tax competitiveness. On Wednesday, the Senate Finance Committee advanced proposals to expedite the reduction of Pennsylvania’s corporate net income tax (CNIT) and improve the treatment of net operating losses (NOLs) in the state tax code.

Senate Bill 345, sponsored by Senate Majority Whip Ryan Aument (R-Lancaster), would accelerate the CNIT phasedown, immediately reducing the tax rate to to 7.99 percent and enacting a full percentage-point annual reduction until it reaches 4.99 percent in 2026, five years sooner than the timeline established by the enactment of Act 53. The bill passed with bipartisan support.

Senate Bill 346, sponsored by Senator Greg Rothman (R-Cumberland), would increase the limit on previous years’ business NOLs that employers can carry forward and deduct from its profits in a given tax year. Pennsylvania is currently one of the only states whose treatment of NOLs is not at least consistent with the federal tax code. This unfortunate distinction makes Pennsylvania less competitive and unattractive to investment, particularly from start-up companies that frequently suffer losses in their early years. S.B. 346 would raise the cap on NOL deductions (currently 40 percent of taxable income) by ten percent annually until it reaches the federal limit of 80 percent in 2027. The bill passed committee with unanimous support.

The PA Chamber robustly supports Senate Bill 346, which would put Pennsylvania on par with 48 other states and federal tax laws – helping us attract new and additional business investment into the Commonwealth.

Both bills will be eligible for consideration by the full Senate when lawmakers return in June.

PA Chamber Statement on Senate Passage of S.B. 350

HARRISBURG – Today, Pennsylvania Chamber of Business and Industry President and CEO Luke Bernstein released the following statement after the Pennsylvania Senate voted to pass S.B. 350, legislation that would enact meaningful and necessary reforms to the state’s permitting system:

“We have a generational opportunity within our grasp to advance a significant permitting reform bill that would lead to more jobs, greater transparency, and ultimately, a stronger economy. Senate Bill 350 takes a giant step forward propelling our state to become more competitive.  By building on the governor’s efforts to improve permitting, this measure further helps to modernize, streamline, and add much needed transparency to the permitting process. The PA Chamber is proud to support Senate Bill 350 and be part of the solution that will help Pennsylvania become more competitive. From crafting this bill to ushering it through committee and ultimately the entire Senate, I want to thank Senators Kristin Phillips-Hill and Greg Rothman for their leadership and tireless dedication on this issue.”

Earlier this week, the PA Chamber led a coalition of 68 leading industry associations and chambers of commerce in urging the governor and legislature to enact meaningful permitting reform this session. Moreover, Senate Bill 350’s provisions are consistent with the PA Chamber’s permitting reform plan, an approach endorsed by the Pennsylvania Building and Construction Trades Council in a joint op-ed written by the leaders of both organizations which was published in various outlets this spring.

PA Chamber Leads Coalition in Calling on Lawmakers to Enact Permitting Reform

HARRISBURG – Today, the Pennsylvania Chamber of Business and Industry spearheaded a group of 68 leading business associations and local chambers of commerce in sending a letter to Governor Josh Shapiro and members of the Pennsylvania state legislature, urging them to take decisive action in reforming the state’s “dysfunctional and unpredictable permitting system.”

The coalition, which represents several of Pennsylvania’s top industries and professions, detailed in its letter how challenges surrounding the current permitting process – including excessive wait times, burdensome costs, and a general lack of transparency – disadvantage Pennsylvania when it comes to attracting new business investment.

“The Commonwealth has too often lost out on investment to other states, and our inadequate permitting system is one key factor,” the letter reads. “The current process takes too long, lacks transparency, and costs businesses money and good-paying jobs for our state’s workers.”

The letter also outlined support for recent executive actions taken by the Shapiro administration to enact durable and lasting reforms to the state’s permitting process. Moreover, the coalition called for continued cooperation between the governor and members of the General Assembly in order to unlock the benefits of these reforms, including a more modern public infrastructure system, increased manufacturing, and additional economic opportunities for Pennsylvanians.

“Reform should be built upon the tenets of predictability, transparency, efficiency, and durability,” the letter continues. “Now is the time to coalesce around meaningful reforms that will allow our state to truly compete and lead. Doing so will build upon bipartisan momentum at the federal level to streamline permitting and unlock American investment.”

The coalition also reaffirmed its readiness to work with state leaders to improve Pennsylvania’s economic trajectory and capitalize on “a generational opportunity” unlock the state’s potential.

Full text of the letter is available here.

Background:  

This letter is the latest of several steps the PA Chamber has taken to promote permitting reform.

  • Pennsylvania Chamber President and CEO Luke Bernstein published an op-ed explaining how permitting reform will make Pennsylvania competitive on the national and world stage, and co-authored an op-ed with Pennsylvania State Building & Construction Trades Council President Rob Bair calling on state lawmakers to enact permitting reform.
  • In March, Pennsylvania Chamber Director of Government Affairs Kevin Sunday testified at a House Republican Policy Committee hearing, highlighting investments Pennsylvania lost in recent years due to a dysfunctional state permitting process. The Chamber’s testimony identified a comprehensive solution to the permitting process that addresses state agency resources, permit deadlines, and reforms to the permit appeals process.
  • Also in March, the Pennsylvania Chamber joined the national “Permit America to Build” coalition and sent a letter to Congress urging federal lawmakers to enact legislation that will modernize permitting processes.

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