The final rule maintains the interim rules simplifying assumption that all households living in Qualified Census Tracts (QCTs) have suffered disproportionate impact. enlarging the eligible pool of broadband infrastructure investments to ensure better connectivity to broader populations. The final rule which takes effect on April 1, 2022 provides state and local governments with greater flexibility to pursue a broader range of uses and more simplicity so governments can focus on responding to the crisis in their communities and maximizing the impact of their funds. Detroit and Louisville, Ky., among many other cities, committed substantial SLFRF aid to small business recovery. First, Treasury clarified that all public employees of recipient governments are already included in the definition of eligible worker.. [1] American Rescue Plan Act of 2021 9901, Pub. For microbusinesses (businesses with five or fewer employees, which grew substantially during the pandemic), officials may provide subsidies to offset costs such as transportation and child care. 31 CFR Part 35 at 422, available at: https://home.treasury.gov/system/files/136/SLFRF-Final-Rule.pdf. Bolstering government employment to enhance public sector capacity by allowing governments to hire back employees up to 7.5% above the pre-pandemic baseline, restore pay reductions or furlough rates, maintain current compensation levels to prevent layoffs, and other employment retention incentives. The U.S. Department of the Treasurys (Treasury) Final Rule on the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) significantly expands eligibility criteria for infrastructure, broadening eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, as well as adding additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects.[1]. 207).[9], If an employee does not meet these criteria, recipients may submit a written justification for premium pay. [2] The Final Rule notes: A program, service, or capital expenditure responds to a harm or impact experienced by an identified beneficiary or class of beneficiaries if it is reasonably designed to benefit the beneficiary or class of beneficiaries that experienced the harm or impact and is related and reasonably proportional to the extent and type of harm or impact experienced.[3]. Back in May 2021, the U.S. Department of the Treasury published an interim final rule laying out permitted SLFRF uses, and invited feedback from local officials and other experts. The following information is a high-level review of the Interim Final Rule issued by the U.S. Department of Treasury on May 10, 2021,1 and the Final Rule issued on January 6, 2022. Projects that have a total capital expenditure greater than $1 million require a written justification. It is noteworthy that the Final Rule authorizes the payment of cash assistance to households that have been impacted by the pandemic. Therefore, recipients should first determine the subcategory (public health, assistance to households, assistance to small businesses, assistance to nonprofits, aid to impacted industries, or public sector capacity) in order to apply criteria specific to each subcategory. The Overview of the Final Rule can be accessed here. [7] Recipients should ensure they maintain proper documentation supporting determinations of costs and applicable compliance requirements, and how they have been satisfied as part of their award management, internal controls, and subrecipient oversight and management.[8]. What is a UEI Number? Receiving Funds How was my city allocated funds? In particular, the ARP allows the use of CSLFRF to make necessary investments in, Treasury (Treasury) has stated that [r]ecipients can use funds for programs, services, or capital expenditures that respond to the public health and negative economic impacts of the pandemic. These funds ensure that governments across the country have the flexibility they need to vaccinate their communities, keep schools open, support small businesses, prevent layoffs, and ensure a long-term recovery.. Through the State and Local Fiscal Recovery Funds, the American Rescue Plan has provided state and local governments with the support they need to respond to the ongoing pandemic and plan for an equitable recovery, said Deputy Secretary of the Treasury Wally Adeyemo. The Final Rule provides a definition of premium pay as follows: Premium pay means an amount of up to $13 per hour that is paid to an eligible worker, in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible worker during the COVID-19 public health emergency. Will they answer? According to a U.S. Department of the Treasury press release: To date, Treasury has distributed more than $245 billion to state, local, and Tribal governments as a part of the SLFRF program, accounting for over 99% of funds eligible to be disbursed in 2021 including funds to many communities that had not received federal assistance since the onset of the pandemic. Construction of new correctional facilities as a response to an increase in rate of crime; Construction of new congregate facilities to decrease spread of COVID-19 in the facility; and. All Rights Reserved. However, as we observed last fall, the lack of a final rule from Treasury on implementing the program may have discouraged some cities from making firm decisions about how they would use their funding allocations, as they awaited clarifications or assurances regarding eligible activities. Construction of convention centers, stadiums, or other large capital projects intended for general economic development or to aid impacted industries. The American Rescue Plan Act of 2021 (ARP) established the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF), which have provided a unique opportunity for municipalities to invest in certain capital projects that will result in more resilient communities. Qualified Census Tracts Overview. January 12, 2022 at 1:00pm ET. Reg. The U.S. Department of the Treasury's ("Treasury") Final Rule on the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") significantly expands eligibility criteria for infrastructure, broadening eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, as well as adding ad. Further, the final rule allows for a broader set of uses to restore and support government employment, including hiring above a recipients pre-pandemic baseline, providing funds to employees that experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives. 200.318(c). 31 CFR 35 at 221, available at: https://home.treasury.gov/system/files/136/SLFRF-Final-Rule.pdf. Join NACo on Monday, January 10 at 1:00 pm to overview the Treasury's Final Rule for the Recovery Fund, including key highlights for counties. [12] Treas. [w]here relevant, recipients should consider the alternatives of improving existing capital assets already owned or leasing other capital assets. The U.S. Treasury has published the Final Rule for the Coronavirus State and Local Fiscal Recovery Funds program, established under the American Rescue Plan Act. Therefore, the answer to this question depends on the specific criteria that a recipient might use to structure a possible UBI program which is reasonably proportional to the impact of the pandemic on UBI beneficiaries. 2023 Plante & Moran, PLLC. Reg. Many SLFRF recipients have already dedicated a portion of their funds to assist small businesses that lost significant revenues during the pandemic. xbcM The Treasury has issued the final rule for the Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act of 2021, providing much-needed clarity and guidance for recipients. Treasury specifically noted eligibility for front line healthcare workers as likely able to be justified, regardless of income or FLSA status. [4] Recipients that select the standard allowance[5] may use that amount to provide government services. Today, the U.S. Department of the Treasury issued the Final Rule for the State and Local Fiscal Recovery Funds (SLFRF) program, enacted as a part of the American Rescue Plan, which delivers $350 billion to state, local, and Tribal governments to support their response to and recovery from the COVID-19 pandemic. Mitigation measures in small businesses, nonprofits, and impacted industries (e.g., developing outdoor spaces). Such amount may not exceed $25,000 in total over the period of performance with respect to any single eligible worker. Treasury requires projects with total expected capital expenditure costs exceeding $1 million to undergo additional analysis and increased reporting requirements to justify the capital expenditure. whether the project has a Community Benefit Agreement, with a description of any such agreement. When will my city receive the second tranche of funding? Treasury requires projects with total expected capital expenditure costs exceeding $1 million to undergo additional analysis and increased reporting requirements to justify the capital expenditure. Cities and towns can now use up to $10 million of ARP funds towards general government services under a new "standard allowance" for revenue replacement. The SLFRF program ensures governments have the resources needed to respond to the pandemic, including providing health and vaccine services, supporting families and businesses struggling with the pandemics economic impacts, maintaining vital public services, and building a strong and equitable recovery. [25] Department of Treasury, Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule, (as of January 2022), at 31, available at: *SLFRF-Final-Rule-Overview.pdf (treasury.gov). The Final Rule provides a definition of premium pay as follows: Premium pay means an amount of up to $13 per hour that is paid to an eligible worker, in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible worker during the COVID-19 public health emergency. While this answer to FAQ #2.5 explicitly refers to the use of CSLFRF assistance to provide cash assistance to households, in the context of the other listed types of assistance to households, it appears that Treasury considers the reference to cash assistance to mean short-term assistance, rather than longer-term UBI funding that might be provided irrespective of the pandemics impact on the beneficiaries of such assistance and irrespective of any means testing. FAQ #2.5, pertaining to the types of services eligible as responses to the negative economic impacts of the pandemic, states: Eligible uses in this category include assistance to households. The Overview of the Final Rule provides a summary of major provisions of the final rule for informational purposes and is intended as a brief, simplified user guide to the final rule provisions. These households and communities must have incomes (or median incomes, in the case of neighborhoods) below 185% of the federal poverty line, or roughly $40,000. The U.S. Department of the Treasurys (Treasury) Final Rule states that municipalities may use Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) to provide premium pay for eligible workers performing essential work. [3] Treas. For now, the final rule provides helpful direction and encouragement for local leaders to invest in the present and future of lower-income families and communities. (The National League of Cities [NLC] highlighted 10 important takeaways from the new rule for city leaders, and the National Association of Counties [NACo] provided a detailed breakdown of whats new and notable in the rule.). [13]. Overview of Clean Water State Revolving Fund Eligibilities - (pages 8 and 13) . Therefore, depending on one's definition of UBI, it is not clear whether Treasury would consider a recipient's implementation of such a program to be an eligible use of CSLFRF funds. Clark County, Washington 2022 Recovery Plan Performance Report 4 SLFRF Final Rule Compliance Statement,3 and the final Rule for additional information. Indeed, that uncertainty remains with respect to COVID-19s prevalence. L. No. [4] Treas. [21], Municipalities can pursue capital expenditures under the revenue replacement eligible use category covering the provision of government services to the extent of the reduction in revenue due to the COVID19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency.[22] The Final Rule states that [c]apital expenditures, in certain cases, can be appropriate responses to the public health and economic impacts of the pandemic, in addition to programs and services and that these capital expenditures should be a related and reasonably are proportional responses to a public health or negative economic impact of the pandemic.[23] These proportional responses would likely help fill critical gaps in recipients' response to the pandemic and provide equipment and facilities that generate benefits beyond [CSLFRFs] period of performance.[24], Treasury has explicitly stated that it presumes that the following capital projects are generally ineligible [for CSLFRF funding]:, Treasury has stated that "[w]here relevant, recipients should consider the alternatives of improving existing capital assets already owned or leasing other capital assets. And recognizing the preexisting barriers to business formation and success in these neighborhoods, they may also support small business startup and expansion costs. The Final Rule further loosens and enumerates the eligible uses of funds and keeps the timeline and general reporting requirements the same. Further, the final rule provides a broader set of uses available for these communities as part of COVID19 public health and economic response, including making affordable housing, childcare, early learning, and services to address learning loss during the pandemic eligible in all impacted communities and making specific community development and neighborhood revitalization activities eligible for disproportionately impacted communities. J xl/_rels/workbook.xml.rels ( MO0H*wv ]0$Q~hMRJ#\^"QGz2Mkg3j^DHq2qEXDE>J0v-X)78l,I!6wl]Q>t$gME/2}V&Y41i>c@=9`Z{X;#ORPsb&VbI' 0X)+y6$sC In addition, there is no indication in the ARP or the Final Rule that Treasury would consider UBI payments to be eligible as a government service. Example: Deschutes County, Oregon has announced it is investing $3.1 million in SLFRF funding to train The new Final Rule is more comprehensive and significantly longer than the interim rule, arriving at over 400 pages. (As a note, previous guidance referred to this program as the State and Local Fiscal Recovery Program (SLFRP). There are four eligible use categories of CSLFRF funds: UBI payments to all citizens would not be eligible as a public health response to the pandemic. Until that time, the interim final rule remains in effect. A worker performing telework from a residence, for example, would not be engaged in essential work and may not receive premium pay.[2]. This list is non-exhaustive but is a great place to see what Treasury specifically includes as eligible expenses. Be sure to subscribe for additional in-depth analysis of Treasurys final rule. ", Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule, https://www.congress.gov/bill/117th-congress/house-bill/1319/text#HAECAA3A95C4E4FFAB6AA46CE5F9CB2B5, *SLFRF-Final-Rule-Overview.pdf (treasury.gov). 31 CFR 35 at 260, available at: https://home.treasury.gov/system/files/136/SLFRF-Final-Rule.pdf, Department of Treasury, Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule, (as of January 2022), at. {C For example, recipients may build affordable housing, childcare facilities, schools, hospitals, and other projects consistent with final rule requirements. If a recipient has taken significant action prior to Jan. 6, 2022, toward making deposits into its Unemployment Trust Fund or has made a deposit prior to April 1, 2022, the recipient will not be subject to limitations on reduction of benefits included in the final rule. [15] U.S. Department of the Treasury, Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, available at: https://home.treasury.gov/system/files/136/SLFRF-Compliance-Statement.pdf. The final rule is effective for recipient state, territorial, local, and tribal governments on April 1, 2022. The Final Rule defines essential work as work involving regular in-person interactions or regular physical handling of items that were also handled by others. A recipient may provide a certification that a project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. Treasury is now issuing this final rule which responds to public comments, Treas. The U.S. Department of the Treasury (Treasury) issued an interim final rule implementing the SLFRF program 3on May 10, 2021 and has since disbursed over $240 billion to state, local, and Tribal governments and received over 1,500 public comments on the interim final rule. Recipients of funds were encouraged to begin using funds under the interim final rule, which was released in May 2021. [11] Treas. The U.S. Treasury kicked off the year by providing the much-welcomed Final Rule for State and Local Fiscal Recovery Funds (SLFRF) on January 6, with final guidance on allowable uses, documentation, and reporting requirements. Improvements or construction of COVID-19 testing sites and laboratories, and acquisition of related equipment; Improvements or construction of COVID-19 vaccination sites; Improvements or construction of medical facilities generally dedicated to COVID-19 treatment and mitigation (e.g., emergency rooms, intensive care units, telemedicine capabilities for COVID-19 related treatment); Expenses of establishing temporary medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs; Acquisition of equipment for COVID-19 prevention and treatment, including ventilators, ambulances, and other medical or emergency services equipment; Improvements to or construction of emergency operations centers and acquisition of emergency response equipment (e.g., emergency response radio systems); Installation and improvements of ventilation systems; Costs of establishing public health data systems, including technology infrastructure; Adaptations to congregate living facilities, including skilled nursing facilities, other long-term care facilities, incarceration settings, homeless shelters, residential foster care facilities, residential behavioral health treatment, and other group living facilities, as well as public facilities and schools (excluding construction of new facilities for the purpose of mitigating spread of COVID-19 in the facility); and. While states and localities must generally document that recipients of SLFRF economic aid suffered due to the pandemic, Treasurys final rule stipulates that they can presume those impacts for low- and moderate-income individuals (those in families with incomes under 300% of the federal poverty line, or roughly $66,000 for a family of three), as well as individuals who qualify for certain federal benefits such as Medicaid, the Childrens Health Insurance Program (CHIP), or child care subsidies. Please read our Privacy Policy for more information on the cookies we use. Whether those wages are at rates less than those prevailing. Cash transfers, like all eligible uses in this category, must respond to the negative economic impacts of the pandemic on a household or class of households.recipients may presume that low- and moderate-income householdsas well as households that experienced unemployment, food insecurity, or housing insecurity, experienced a negative economic impact due to the pandemic. Some of the significant changes to the four broad uses included in the final rule are as follows: The final rule establishes that funds may be used for modernization of cybersecurity. The U.S. Department of the Treasurys (Treasury) Final Rule on the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) significantly expands eligibility criteria for infrastructure, broadening eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, as well as adding additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects. As the Delta and Omicron variants have illustrated, pandemic response needs will continue to evolve. We've compiled them all in one place for you. See final rule for additional information on maximum benefit entitlements. 31 CFR 35 at 233, available at: https://home.treasury.gov/system/files/136/SLFRF-Final-Rule.pdf. January 6th, 2022: The U.S Department of the Treasury has released its Final Rule governing the State and Local Fiscal Recovery Fund (SLFRF), which provides $65.1 billion to All Cities under the American Rescue Plan Act. The Final Rule also adds that a written justification is not required if a worker is not exempt from the Fair Labor Standards Act overtime provisions (29 U.S.C. As the interim rule outlined, evidence abounds that lower-income people and places faced negative economic impacts from the pandemic, both because they worked in jobs more vulnerable to public health measures (e.g., hospitality and retail) and because they had preexisting challenges that exacerbated the pandemics toll (e.g., unsafe housing, lack of reliable internet access or high-quality health care). First, Treasury clarified that all public employees of recipient governments are already included in the definition of eligible worker.[4] Treasury also clarified that the chief executives discretion to designate additional sectors as critical relates only to non-public sectors, since all public employees are already included in the definition. SLFRF-Final-Rule-Webinar.pdf Project and Expenditure Report User Guide Final Rule Text Overview of Final Rule . SUMMARY: The Secretary of the Treasury (Treasury) is issuing this interim final rule to implement the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. [6] For further information concerning the requirements outlined above, reference the Final Rule between pages 196 through 198. A recent analysis by the Center on Budget and Policy Priorities found that state governments have appropriated nearly 70% of their available funds as of November 2021. ), more detailed project-level information is required. The final rule clarifies that to help these people and places, states and localities can make eligible SLFRF investments in both local services and the physical environment, including medical clinics and community health workers; removal of lead paint and other environmental remediation; improvements to vacant land and properties; and school-based facilities and services. To learn more about the SLFRF program and the final rule, see NLIHCs fact sheet: HUD Secretary Fudge Testifies before House and Senate THUD Appropriations Subcommittees on President Bidens FY24 Budget Request, HUD CPD Removes Requirement to Spend 80% of CDBG-CV Funds in Three Years, Communities Leverage State and Local Fiscal Recovery Funds to Recover from Pandemic and Invest in Housing Affordability. Concerning capital expenditures and eligible uses, Treasury states in the Final Rule that: Treasury provides presumptions and guidelines for capital expenditures that are enumerated earlier in sections Public Health, Negative Economic Impacts, and General Provisions: Other under the Public Health and Negative Economic Impact eligible use category (enumerated projects), along with capital expenditures beyond those enumerated by Treasury.[8]. [11] Treasury asserts that this policy prohibits elected officials from steering funds to projects in which they have a financial interest or using funds to pay themselves premium pay.[12]. The following section highlights some of the key changes and clarifications in the Final Rule. ^e _rels/.rels ( MK1!;*"l/EMd1`7FAtzwyfx{vE fVKrFH"l3*>.%uGV=\i8XrZJ%\P4H;s>67Mizo#+DYB5V$~"c'ZkRRF%8EsF|02Xn/1=cW7 PK ! Meet these criteria, recipients may submit a written justification for premium pay development or to aid impacted industries outdoor! Been impacted by the pandemic employee does not meet these criteria, recipients may submit a written.. Is a great place to see what treasury specifically includes as eligible expenses have a total capital greater. 1, 2022 program as the Delta and Omicron variants have illustrated, pandemic needs..., 2022 clarifications in the Final Rule Compliance Statement,3 and the Final Rule between pages through... 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