Following is a listing of executive and legislative action from the week of May 18. The Pennsylvania Senate was in recess at press time, subject to recall by Senate President Pro Tempore Joe Scarnati, R-Jefferson. The state House of Representatives was in recess at press time and was scheduled to return to session May 26.

Reopening Vetoes

Gov. Tom Wolf on May 19 vetoed three bills related to the state's response to COVID-19 that he argued would violate the separation of powers.

He also said the bills would impair the administration's measured plan for reopening the state safely.

Senate Bill 327 would have authorized counties to develop and implement their own mitigation plans and decide when businesses within their county can reopen.

It also included a provision that Wolf argued "inexplicably prohibits commonwealth agencies from performing an essential governmental operation, the promulgation of regulations, until 90 days after the COVID-19 disaster emergency declaration is terminated unless the legislature grants permission."

Wolf, in his veto message, said SB 327's prohibition on regulation was "a legislative infringement on executive rule-making authority."

House Bill 2388 and House Bill 2412 would have allowed various enumerated industries to reopen in red phase counties under the most restrictive "red" phase.

"Since the beginning of this month, my administration has been gradually transitioning counties from the restrictive red phase to an intermediate yellow phase," Wolf wrote. "The decisions to move counties from the red phase to the yellow phase are based on the advice of expert epidemiologists. These decisions are not based just on the number of cases of COVID-19, but are also based on other critical factors."

The veto of HB 2388, which would have opened up car dealerships, was sustained on a 115-87 vote in the state House of Representatives.

HB 2412 was aimed at reopening real estate services across the state.

In his veto messages for HB 2388 and HB 2412, Wolf stressed that the bills could undo the gains made by compliance with "stay-at-home" orders since March.

Real Estate

Wolf on May 21 announced that businesses and employees in the real estate industry may conduct limited business-related activities statewide and provided guidance for this industry to operate in red phase and yellow phase counties.

"We continue to review our policies and the scientific data to determine the safest approach for all activities in the commonwealth," Wolf said. "While at this point more than two-thirds of the state will be in the yellow phase of the state's reopening plan by Friday, May 22, we are still evaluating how industries may be able to conduct business appropriately in red phase counties, including the real estate industry.

"This industry impacts numerous types of businesses and Pennsylvania homebuyers who are in the process of, or considering, purchasing a home. It's critical that these businesses, regardless of whether they are in red phase or yellow phase counties, strictly adhere to all appropriate guidelines and guidance," Wolf said.

Previously, businesses and employees in the real estate industry were permitted to conduct limited in-person activities in counties in the yellow phase of the commonwealth's phased reopening plan.

The real estate guidance requires businesses and employees to follow all applicable provisions of the Guidance for Businesses Permitted to Operate During the COVID-19 Disaster Emergency to Ensure the Safety and Health of Employees and the Public, which includes provisions requiring that every person present at a work site, business location or property offered for sale wear masks/face coverings, and provisions requiring the establishment of protocols for execution upon discovery that the business has been exposed to a person who is a probable or confirmed case of COVID-19.

All in-person activities should be scheduled and limited to no more than the real estate professional and two people inside a property at any time, exercising appropriate social distancing.

Early Rebates

Wolf and Pennsylvania Treasurer Joe Torsella on May 19 announced that a number of older homeowners, renters and people with disabilities will receive early rebates through the Property Tax/Rent Rebate Program. Rebates are typically issued starting July 1, but the governor and treasurer are issuing the rebates starting last week to approved applicants.

At the same time Wolf signed House Bill 1076, which authorized the early distribution.

"This common-sense solution gives thousands of our older and vulnerable residents their rebates early when they need it," Wolf said. "I thank members of the General Assembly and Treasurer Torsella for working quickly on this issue so that we can provide this needed financial support. We also want everyone who is eligible for the Property Tax/Rent Rebate Program to know that the application deadline for the program has been extended so that everyone has the time they need to take advantage of the program. The deadline to submit applications is now Dec. 31, 2020."

The distribution of rebates by the Department of Revenue and Treasury is different than prior years. Rather than a large distribution of rebates July 1, rebates will be processed and distributed on a first-in-first-out basis. This gradual process means some claimants will receive their rebates earlier than others.