HomeMy Public PortalAbout10112021 AGENDA packet
COOPER CHARTER TOWNSHIP BOARD
1590 West D Ave, Kalamazoo MI 49009
269-382-0223
October 11, 2021
REGULAR MEETING
7:00 p.m.
A G E N D A
1. Call to Order
2. Pledge of Allegiance
3. Approval of Consent Agenda:
a) Board Meeting Minutes of September 13, 2021
b) Receipts and Disbursements Report
c) August Treasurers Report
4. Additions or deletions to agenda, approval of agenda:
5. Citizens Comments on Non-Agenda Items.
THE BOARD WELCOMES CITIZENS’ COMMENTS. ANYONE WISHING TO ADDRESS THE BOARD SHOULD STATE THEIR NAME, ADDRESS, AND
LIMIT THEIR COMMETNS TO THREE MINUTES.
6. Fire Department Reports.
• Chiefs Reports
• Monthly Fire Report
7. Resolution 21-208 Waiving 3% Penalty (Roll Call Vote)
8. Resolution 21-209 Waiving 1% Interest of Deferred Summer Taxes (Roll Call Vote)
9. Resolution 21-210 Waive Interest and Penalty for Failure to File PTA (Roll Call Vote)
10. Resolution 21-211 to Adopt 80-20 Employer-Employee Health Care Costs per PA 152 (Roll Call Vote)
11. Resolution 21-212 Gull Lake Sewer and Water (Roll Call Vote)
12. Continued Discussion: Kalamazoo City Free Water Project
13. 2021 Road Projects Payment Progress Report
14. Re-Appoint David Fooy and Stephen Magura to the Zoning Board of Appeals for a 3-Year term to
expire November 2024.
15. Appoint Carol DeHaan to the Zoning Board of Appeals as the Township Board liaison for a 3-Year term
to expire October 2024 and revert Jim Miles back to an Alternate.
16. SMBA Budget
17. Discussion: ARPA Funds
18. Trustee Comments
19. Adjourn
THE CHARTER TOWNSHIP OF COOPER
Regular Township Board Meeting
September 13, 2021
The regular meeting of the Cooper Charter Township Board was held on Monday, September 13th, 2021.
MEMBERS PRESENT:
Clerk, DeAnna Janssen
Treasurer, Carol DeHaan
Trustee, Jim Frederick
Trustee, Dan Williams
Trustee, Adam Tuinstra
Trustee, Fred Vlietstra
MEMBERS ABSENT:
Supervisor, Jeff Sorensen
Also present was Chief Emig, John Crumb of GLSW, and 15 interested people. Trustee Frederick called the
meeting to order at 7:01 pm.
CONSENT AGENDA:
Items on the consent agenda:
a) Board Meeting Minutes of August 9, 2021
b) Receipts and Disbursements Report
c) June/July Treasurers Report
The board and citizens were asked if they wanted any items removed from the consent agenda. No requests
were made. Motion by Williams, supported by Vlietstra to approve the consent agenda as written. Motion
carried 6-0.
ADDITIONS OR DELETIONS TO AGENDA:
Janssen requested adding “F. Reaffirmation of the Investment Policy” to Agenda Item #9, left off in error.
Motion by DeHaan, supported by Tuinstra to approve the agenda as amended.
Motion carried 6-0.
CITIZEN COMMENTS:
CONSIDER FIRE DEPARTMENT REPORTS:
• Chiefs Reports
• July Monthly Fire Report
• July Assistant Chiefs Report
• August Assistant Chiefs Report
Motion by Vlietstra, supported by DeHaan to approve the reports. Motion carried 6-0.
DISCUSSION - LETTER REGARDING 5410 COLLINGWOOD NEED FOR CITY HOOK-UP:
Motion by Williams supported by Tuinstra to move forward, the week of October 4th, thru GLSW, with
required dewatering/ water hook-up and a strong recommendation for hookup to sanitary sewer at the same
time. Motion carried 6-0.
RESOLUTION 21-207 TO APPROVE THE ADDITION OF MICHIGAN COOPERATIVE LIQUID
ASSETS SECURITIES SYSTEM (MICHIGAN CLASS) TO THE COOPER CHARTER TOWNSHIP
INVESTMENT POLICY:
Motion by Vlietstra, supported by Frederick to adopt Resolution No. 21-207.
Roll Call Vote:
Yes: Frederick, Janssen, DeHaan, Tuinstra, Williams, Vlietstra
No: none
Absent: Sorensen
Motion carried 6-0
APPROVAL TO LEVY THE FOLLOWING ON THE 2021 WINTER TAX BILL:
a) 1% PTAF (3% PENALTY WAIVED FOR ALL FOR 2021)
b) 0.838800 FOR TOWNSHIP TAX
c) $55.40 PER HOUSEHOLD FOR COLLECTION, DISPOSAL, AND RECYCLING OF SOLID WASTE
d) .5800 MILLS PER THOUSAND FOR STREET LIGHT DISTRICT
e) RIVERVIW DRIVE SEWER, LIENS FOR CLEANUP AND MOWING, AND DELINQUENT SPECIAL
ASSESSMENTS ON THE TAX ROLL
f) REAFFIRM THE INVESTMENT POLICY
Motion by Janssen, supported by Tuinstra to approve all.
Roll Call Vote:
Yes: Frederick, Janssen, DeHaan, Tuinstra, Williams, Vlietstra
No: none
Absent: Jeff Sorensen
Motion carried 6-0
CONTINUED DISCUSSION – KALAMAZOO CITY FREE WATER PROJECT:
RESOLUTION 21-206 FOR SECOND READING AND ADOPTION OF PROPOSED ZONING
ORDINANCE 261-LIND:
Motion by Janssen, supported by Vlietstra to adopt Resolution No. 21-206.
Roll Call Vote:
Yes: Janssen, DeHaan, Tuinstra, Williams, Vlietstra
No: Frederick
Absent: Sorensen
Motion carried 5-1
BLUE CROSS BLUE SHIELD RENEWAL EFFECTIVE DEC 2021:
Motion by Frederick, supported by Vlietstra to approve. Motion Carried 6-0.
DISCUSSION- HEALTH CARE BENEFITS FOR SPOUSE/FAMILY:
Motion by Janssen, supported by DeHaan to revert back to the pre-August 2021 Health Insurance Policy that
states only full-time employees are eligible for health insurance benefits. Motion Carried 6-0
TRUSTEE COMMENTS:
Trustee Williams commented that he hadn’t heard anything yet about the Township/Road Commission/ Drain
Commission/ Consumers Power collusion to take steps to help lessen the flooding in the 20th Street areas during
heavy rains.
Clerk Janssen commented…Election Commission to meet @ 6:30pm before the October 11th meeting, public
test for the November election should be scheduled for October 21st, ballots for the November election should
be available Saturday Sept 18th…. but we have yet to receive the ballots, chart of accounts state mandated
changes’ are progressing rapidly.
Trustee Frederick commented about an error in the minutes from the August PC Meeting.
ADJOURN
There being no further business to come before the board, the meeting was adjourned at 8:00 pm.
________________________________ ________________________________
DeAnna Janssen, Clerk Attested: Carol DeHaan, Treasurer
I, the undersigned DeAnna Janssen, the duly qualified and elected Clerk for the Charter Township of Cooper,
Kalamazoo County, Michigan, DO HEREBY CERTIFY that the foregoing is a true and complete copy of
certain proceedings taken by the Township Board of said Township at a regular board meeting held on the 13th
day of September 2021.
________________________________
DeAnna Janssen, Clerk
Cooper Charter Township
RECEIPTS & DISBURSEMENTS
** GENERAL, FIRE, SEWER & WATER FUNDS **
09/01/2021 - 09/30/2021
RECEIPTS:
Misc:
Land Division:
Kim Bos purchased utility trailer
Kelly Lind
Sleeman Service
Joseph Haskins
Sherry Polmateer
Christian Cole
State Shared Revenue
Election Reimbursment from Nov 2020
Zoning Permit - Haley Law Firm, PLC re: 10888 Douglas - Tower Co -Location
Interest on Deposits
Grave Openings
Burial Rights Purchase
Sewer Conneciton Fees
Sewer/Water Interest
DISBURSEMENTS:
$378.78
$20.00
$400.00
$200.00
$200.00
$200.00
$191,098.00
$1,200.00
$250.00
$843.62
$675.00
$100.00
$108,900.00
$90.32
Total $304,555.72
9/2/2021 Payroll - Office/Boards $14,592.18
9/9/2021 Payroll - Fire Dept $40,006.53
9/16/2021 Payroll - Office/Boards $14,942.78
9/30/2021 Payroll - Office/Boards $13,415.94
9/2/2021 Payables $27,488.46
9/16/2021 Payables $159,206.47
9/17/2021 Payables $124,201.06
9/30/2021 Payables $25,656.43
Total $419,509.85
08/30/2021 09:50 AM
Check R egister Report For Coope r Charter To wnship
For Payroll ID: 480 Chec k Date : 09/02/2021 Pay Pe rio d End Date: 08/29/2021
Page 1 of 1
Check Date Ban k Check Number Name
Check Physical
Gros s Che ck A mo unt
Dir ect
Depos it Status
09/02/2021 GEN 13551 A SSELM EIER , ALAN C
09/02/2021 GEN 13552 BOEKHOVEN, LEONAR D K
09/02/2021 GEN 13553 CORKE, JOHN D
09/02/2021 GEN 13554 FEIL, CHR IS M
09/02/2021 GEN 13555 FOOY, DAV ID D
09/02/2021 GEN 13556 FREDERICK, JA MES B
09/02/2021 GEN DD2625 ADAMS, STA RR E
09/02/2021 GEN DD2626 BECKER, M INDY G
09/02/2021 GEN DD2627 DEHAAN, CAROL S
09/02/2021 GEN DD2628 HERWEYER, CONN IE M
09/02/2021 GEN DD2629 HOLTMA N, DEBORAH A
09/02/2021 GEN DD2630 JA NSSEN, DEA NNA D
09/02/2021 GEN DD2631 KARS-BOS, KIMBERLY A
09/02/2021 GEN DD2632 SORENSEN, JEFFREY R
09/02/2021 GEN DD2633 W OOD, JA CK C
100.00
100.00
100. 00
100.00
100.00
100. 00
1,556. 94
838.75
2,358. 08
525. 00
1,232.25
2,358.08
1,890.00
2,358.08
875.00
92. 35
88.10
88.10
88.10
92.35
92.35
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 Processing
0.00 Pr ocessing
0.00 Pr ocessing
0 .00 P rocessing
0.00 Processing
0.00 Processing
864 .03 Processing
684 .34 Processing
906.09 Pr ocessing
441.76 P rocessing
922 .08 Processing
1,806.05 Processing
1,254 .17 Pr ocessing
1,866 .12 P rocessing
720.87 Processing
Tota ls:
To tal Physica l Checks:
Tota l Check Stubs:
Nu mber of Checks: 015
6
9
14,592.18
541.35 9,465 .51
09/03/2021 12:56 PM
Che ck Register Repo rt For Coo per Cha rter To wnship
For Payro ll ID: 481 Check Da te : 09/09/2021 Pa y Pe riod End Date : 08/31/2021
Page 1 of 1
Chec k Date Bank
Check Number Name
Chec k
Gross
Physical
Che ck A mount
Direc t
Deposit Status
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
09/09/2021 GEN
13557
13558
13559
13560
13561
13562
13563
13564
13565
13566
13567
13568
13569
13570
13571
13572
13573
DD2634
DD2635
DD2636
DD2637
DD2638
DD2639
DD2640
DD2641
DD2642
DD2643
BELL, BRIAN E
BODFISH, AUSTIN R
BUHLER, PEYTON A
CRANE, JAMES D
EMIG, TERRY D
FRITZ, HEATHER M
GIRTON, M ICHAEL S
GREGORY, DARRICK A
HILL, GREGORY F
KING, CARSON H
KING, CHAD
KLOK, BR IA N L
KLOK, JASON A
MILES, JAMES T
PERKINS, BRIA N S
SCHUPAN, SHA Y M
WA LTERS, HANNAH M
BLOCK, DA NIEL G
EMIG, JA SON M
HOYT, CHR ISTOPH M
K ING, ROBERT S
MCCORM ICK, ETHA N A
MCGEHEE, DONALD H
PERKINS JR, JAMES L
SMITH, DONALD P
VANATTER, DION
WEAVER, MICHAEL J
480.00
1,432.00
1,040.00
160.00
5,225.76
1,192.00
544.00
1,647.38
976.00
1,304.00
2,056.00
4,423.63
1,638.75
1,440.38
1,328.00
1,080.00
184 .00
1,048.00
1,630.13
1,552.50
1,552.00
2,320.00
576.00
1,240.00
1,512.00
1,768.00
656.00
412.88
1,207.13
900.99
130.96
3,535.05
1,040.14
442.38
1,325.36
849.86
1,107.17
1,694.49
3,522.63
1,383.73
1,258.97
1,159.98
941.48
152.12
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
957.84
1,301.89
1,201.26
1,250.85
1,900.67
455.47
1,082.44
1,334.12
1,469.57
595.82
Processing
P ro cessing
Processing
P rocessing
P ro cessing
Pr ocessing
Pr ocessi ng
Pr ocessing
Processi ng
P rocessing
P rocessing
P roc essing
Pr ocessing
P rocessing
Pr ocessing
Processing
P rocessing
Proc es sing
Processing
Processing
Processing
P rocessing
Pr ocessing
Pro ce ssing
Pro cessing
Pro cessing
Pr ocessing
Totals:
Total Physica l Chec ks:
Total Che ck Stubs:
Number of Checks: 027
17
10
40,006 .53
21,065.32
11,549.93
09/14/2021 10:16 AM
Chec k Re giste r Re po rt For Coope r Charter Township
For Pa yroll ID: 482 Check Date: 09/16/2021 Pay Per iod End Date: 09/12/2021
Page 1 of 1
Check Date Ba nk Check Number Na me
Che ck Physica l
Gross Check Amount
Dir ec t
Deposit Status
09/16/2021 GEN 13575 FREDERICK, JAM ES B
09/16/2021 GEN DD2644 ADAM S, STA RR E
09/16/2021 GEN DD2645 BECKER, M INDY G
09/16/2021 GEN DD2646 DEHAA N, CA ROL S
09/16/2021 GEN DD2647 HERWEYER, CONNIE M
09/16/2021 GEN DD2648 HOLTMAN, DEBORAH A
09/16/2021 GEN DD2649 JANSSEN, DEANNA D
09/16/2021 GEN DD2650 KARS-BOS, KIM BERLY A
09/16/2021 GEN DD2651 SORENSEN, JEFFREY R
09/16/2021 GEN DD2652 TUINSTRA , ADAM L
09/16/2021 GEN DD2653 VLIETSTRA , FRED J
09/16/2021 GEN DD2654 W ILLIAMS, DANIEL L
09/16/2021 GEN DD2655 WOOD, JACK C
140.00
1,556. 94
1,067. 50
2,358. 08
497.00
1,297. 10
2,358.08
1,890.00
2,358.08
140.00
140.00
140.00
1,000.00
129.29
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00 Processing
864.04 P rocessing
862.98 P rocessing
906.10 Processing
419.89 P rocessing
972.72 P rocessing
1,806.04 Processing
1,254.17 Processing
1,866.12 Pro cessing
129.29 Processing
123.34 P ro cessing
129.29 Proc es sing
827.54 Processing
To ta ls: Number of Che cks: 013
Total Physical Chec ks: 1
To tal Chec k Stubs: 12
14,942.78
129.29 10,161.52
09/27/2021 11:24 AM
Check Register Report For Cooper Char ter To wnship
For Payroll ID: 483 Check Date: 09/30/2021 Pay Period End Date: 09/26/2021
Page 1 of 1
Chec k Date Ba nk
Check Number Na me
Check
Gross
Physical
Che ck A mount
Direct
Depo sit Status
09/30/2021 GEN
09/30/2021 GEN
09/30/2021 GEN
09/30/2021 GEN
09/30/2021 GEN
09/30/2021 GEN
09/30/2021 GEN
09/30/2021 GEN
09/30/2021 GEN
DD2656
DD2657
DD2658
DD2659
DD2660
DD2661
DD2662
DD2663
DD2664
ADAMS, STA RR E
BECKER, MINDY G
DEHAAN, CAROL S
HERWEYER, CONNIE M
HOLTMAN, DEBORA H A
JA NSSEN, DEANNA D
KAR S-BOS, KIMBERLY A
SORENSEN, JEFFREY R
WOOD, JACK C
1,556.94
640.50
2,358.08
476.00
778.26
2,358.08
1,890.00
2,358.08
1,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
864.03
515.72
906.08
403.49
567.52
1,806.05
1,254.17
1,866.12
827.54
Proc essing
P rocessing
Pro cessi ng
Pr ocessi ng
Pr ocessi ng
Processing
P rocessing
P rocessing
Processi ng
Totals:
Tota l Physical Checks:
Tota l Check Stubs:
Numbe r of Che cks: 009
9
13,415.94
0.00
9,010.72
09/02/2021 10:01 AM
User: DHOLTMAN
DB: Coopertwp
Ve ndor Co de Vendor na me
Ref # Address
City/State/Zip
INVOICE A PPROVAL BY INV OICE R EPOR T FOR COOPER TOWN SHIP
EXP CHECK RUN DATES 09/02/2021 - 09/02/2021
BOTH JOURNALIZED AN D UN JOURNA LIZED
BOTH OPEN A ND PAID
Post Da te Invoic e Ban k Invoice Descr iption
CK Run Date PO Ho ld Gross Amount
Disc. Date Disc . % Se p CK Discount
Due Date 1099 Net Am ount
Page : 1/7
000941 ASCENSION M ICHIGAN AT W OR K 09/02/2021 436887 GEN PHYSICAL - IGOR LAPA
10599 22255 GREENFIELD RD. #422 09/02/2021 N 360.00
SOUTHFIELD M I, 48075 / / 0.0000 N 0.00
09/02/2021 N 360.00
Paid
GL NUMBER DESCRIPTION
101-340-963.00 PHYSICA LS
AMOUNT
360.00
000941 A SCENSION MICHIGA N AT W ORK 09/02/2021 437425 GEN PHYSICAL - TANNER DUNKLEE
10598 22255 GREENFIELD RD. #422 09/02/2021 N 292.00
SOUTHFIELD MI, 48075 / / 0.0000 N 0.00
09/02/2021 N 292.00
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-340-963.00 PHYSICA LS 292.00
VENDOR TOTAL: 652.00
000908
10600
Paid
GL NUMBER
101-289-817.00
A UNALYTICS, INC.
460 STULL STREET
SUITE 200
SOUTH BEND IN, 46601
09/02/2021 29948376 GEN SMB A - BUSINESS CLOUD
09/02/2021 N
/ / 0.0000 N
09/02/2021 N
DESCRIPTION AMOUNT
GENERAL COMPUTER SER VICES 93.60
93.60
0.00
93 .60
VENDOR TOTAL: 93.60
09/02/2021 10:01 AM
Use r: DHOLTMAN
DB: Co opertwp
Vendor Code Vendo r name
Ref # Address
City/Sta te/Zip
INV OICE APPR OVAL BY INV OICE REPORT FOR COOPER TOWNSHIP
EXP CHECK RUN DATES 09/02/2021 - 09/02/2021
BOTH JOURNALIZED AN D UNJOURNA LIZED
BOTH OPEN AND PAID
Post Da te Invoice Bank Invoice Description
CK Run Da te PO Hold Gross Amount
Disc. Date Disc. % Se p CK Disc ount
Du e Da te 1099 Net Am ount
Page: 2/7
000680 CA RDMEMBER SERVICE 09/02/2021 A UG2021 GEN KITCHEN, CAR WASHES, POSTAGE, CONFE
10601 P.O. BOX 790408 09/02/2021 N 1,391.60
SA INT LOUIS M O, 63179-0408 / / 0.0000 N 0.00
09/02/2021 N 1,391.60
Paid
GL NUM BER DESCRIPTION A MOUNT
101-215-728.00 SUPPLIES 57.31
101-209-728.00 SUPPLIES 28.75
101-380-950.00 MISC 12.99
101-215-863. 00 VEHICLE MAINT 21.99
101-171-959.00 TRAINING & CONFERENCES 255.00
101-215-730.00 POSTAGE 26.35
101-215-959.00 TRAINING & CONFERENCES 127.33
101-253-959.00 TRA INING & CONFERENCES 861.88
1,391.60
VENDOR TOTAL: 1,391.60
000128 CHARTER COMMUNICA TIONS 09/02/2021 0088266082221 GEN PHONE, TV, INTERNET - FD ST#2
10602 PO BOX 94188 09/02/2021 N 268.67
PALA TINE IL, 60094 / / 0.0000 N 0.00
09/02/2021 Y 268.67
Paid
GL NUMBER DESCRIPTION AMOUNT
101-340-853.00 TELEPHONE 268.67
VENDOR TOTAL: 268.67
09/02/2021 10:01 AM
User: DHOLTMA N
DB: Co opertwp
Vendor Code
Ref #
Vendor name
A ddre ss
City/Sta te/Zip
INVOICE APPROVA L BY INVOICE REPORT FOR COOPER TOWNSHIP
EXP CHECK RUN DATES 09/02/2021 - 09/02/2021
BOTH JOUR NALIZED AN D UNJOURNALIZED
BOTH OPEN AND PA ID
Post Date Invo ice
CK Run Da te PO
Disc. Date Disc. %
Due Da te
Pa ge : 3/7
Bank Invoic e De scriptio n
Hold
Sep CK
1099
Gross Amount
Discount
Net Amount
000005 CON SUM ERS ENERGY
10603 PA YMENT CENTER
P. O. BOX 740309
CINCINNATI OH, 45274-0309
Pa id
GL NUMBER
101-276-921.00
101-276-921.00
101-265-921.00
101-340-920.00
101-444-928.00
101-265-921.00
101-340-920.00
101-265-921.00
DESCRIPTION
ELECTRICITY
ELECTRICITY
UTILITIES
UTILITIES
TWP SHARE OF ST LIGHTS
UTILITIES
UTILITIES
UTILITIES
09/02/2021
09/02/2021
/ /
09/02/2021
VARIOUS
0.0000
GEN CEMETERIES, REC. BARN, FD ST#2, BRI
N
N
N
AMOUNT
29.84
29.28
78.60
264.55
42.66
661.70
440.65
36.19
1,583.47
1,583 .47
0.00
1,583.47
VENDOR TOTAL: 1,583.47
09/02/2021 10:01 AM
Us er : DHOLTMA N
DB: Coo per twp
Ve ndor Code
Re f #
Vendo r na me
Address
City/State /Zip
IN VOICE APPROV AL BY INVOICE R EPOR T FOR COOPER TOW NSHIP
EXP CHECK RUN DATES 09/02/2021 - 09/02/2021
BOTH JOURNALIZED AN D UN JOURN ALIZED
BOTH OPEN AND PAID
Po st Da te In vo ice Bank Invoice Descriptio n
CK Run Da te PO Hold
Disc. Date Disc . % Sep CK
Due Date 1099
Page: 4/7
Gross Amount
Dis count
Net Am ount
000335 EMERGEN CY VEHICLE PR ODUCT 09/02/2021 S0015043 GEN UNIT - NEW 211
10604 2975 INTERSTATE PARKWA Y 09/02/2021 N 1,564.36
KALA MA ZOO MI, 49048 / / 0.0000 N 0.00
09/02/2021 N 1,564.36
Paid
GL NUMBER DESCRIPTION
101-340-939.00 V EHICLE MAINT
A MOUNT
1,564.36
000335 EMERGENCY VEHICLE PRODUCT 09/02/2021 S0015066 GEN UNIT 212 PUMP TEST
10605 2975 INTERSTATE PARKWAY 09/02/2021 N 350.00
KA LAMA ZOO MI, 49048 / / 0. 0000 N 0.00
09/02/2021 N 350.00
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-340-939. 00 VEHICLE MA INT 350.00
000335 EMERGENCY VEHICLE PRODUCT 09/02/2021 S0015067 GEN UNIT 261 PUMP TEST
10606 2975 INTERSTATE PA RKW AY 09/02/2021 N 350.00
KALA MAZOO MI, 49048 / / 0. 0000 N 0.00
09/02/2021 N 350.00
Paid
GL NUMBER DESCRIPTION AMOUNT
101-340-939.00 V EHICLE MAINT 350.00
000335 EMERGENCY V EHICLE PRODUCT 09/02/2021 S0015068 GEN UNIT : NEW 211 PU MP TEST
10607 2975 INTERSTA TE PARKWA Y 09/02/2021 N 350.00
KALAMA ZOO M I, 49048 / / 0.0000 N 0 .00
09/02/2021 N 350.00
Pa id
GL NUM BER DESCRIPTION AMOUNT
101-340-939.00 VEHICLE MAINT 350.00
VENDOR TOTAL: 2,614.36
09/02/2021 10:01 AM
User: DHOLTMAN
DB: Coo pertwp
INV OICE APPROVAL BY INVOICE REPORT FOR COOPER TOWNSHIP
EXP CHECK RUN DATES 09/02/2021 - 09/02/2021
BOTH JOURNALIZED AND UN JOURNA LIZED
BOTH OPEN AND PAID
Pa ge: 5/7
Vendor Code V en dor name Post Date Invoice Ba nk Invoic e Descr iption
Ref # Addr ess CK Run Date PO Hold
City/State/Zip Disc . Date Disc. % Sep CK
Due Date 1099
Gross Amount
Disc ount
Net Am ount
000059 FOSTERSWIFTCOLLINS&SM ITH 09/02/2021 815038 GEN MUN. GEN, PFAS REMEDIATION, MURCO
10608 313 SOUTH WA SHINGTON SQR. 09/02/2021 N 1,960.00
LANSING MI, 48933 / / 0.0000 N 0.00
09/02/2021 Y 1,960.00
Paid
GL NUMBER DESCRIPTION
101-805-826.00 LEGAL FEES
591-000-826.00 LEGA L FEES
101-209-826. 00 LEGAL FEES
AM OUNT
900.00
700. 00
360.00
1,960.00
VENDOR TOT AL: 1,960.00
000965 J.JOHNSTON CONSULTING 09/02/2021 8 GEN PLANNING/ZONING SER VICES (8-1-2021
10609 P.O. BOX 10 09/02/2021 N 1,440.00
PLAINWELL MI, 49080 / / 0.0000 N 0.00
09/02/2021 N 1,440.00
Paid
GL NUMBER DESCRIPTION A MOUNT
101-805-822.00 PLANNER 1,440 .00
VENDOR TOTAL: 1,440.00
000792 KATHERINE BARNES 09/02/2021 08-28-21 GEN ORDINANCE COMPIL ATION
10610 8188 GREENFIELD SHORES DRIVE 09/02/2021 N 97.50
SCOTTS MI, 49088 / / 0.0000 N 0.00
09/02/2021 Y 97.50
Paid
GL N UMBER
101-380-818.00
DESCRIPTION A MOUNT
ORDINANCE COMPILATION 97 .50
VENDOR TOTAL: 97.50
09/02/2021 10:01 AM
Use r: DHOLTMA N
DB: Coo pertwp
Vendor Code
Ref #
Vendor name
Addr ess
City/State/Zip
INVOICE APPROVA L BY INV OICE REPORT FOR COOPER TOWNSHIP
EXP CHECK RUN DA TES 09/02/2021 - 09/02/2021
BOTH JOURNALIZED A ND UNJOURNA LIZED
BOTH OPEN AN D PAID
Post Da te Invoice
CK Run Da te PO
Disc. Da te Disc. %
Due Date
Page: 6/7
Ba nk Invoice Descr iption
Ho ld
Sep CK
1099
Gross Am ount
Disc ount
Net Am ount
000167 PITNEY BOWES GLOBA L FINANCIA L SEVIC
10611 P.O. BOX 371887
PITTSBURGH PA, 15250-7887
Paid
GL NUM BER
101-215-932.00
DESCRIPTION
EQUIPMENT RENTA L
09/02/2021 3314124823
09/02/2021
/ / 0.0000
09/02/2021
GEN LEASE - POSTAGE METER
N
N
Y
AMOUNT
158.64
VENDOR TOTAL:
158.64
0 .00
158.64
158.64
000183
10612
Paid
GL NUMBER
101-190-728.00
PLERUS PAYMENT CENTER
1175 DAVIS ROAD
ELGIN IL, 60123
DESCRIPTION
SUPPLIES
09/02/2021 14306
09/02/2021
/ /
09/02/2021
0.0000
GEN MASTER C ARD & ID STOCK (500 E ACH)
N
N
Y
AMOUNT
139.67
VENDOR TOTAL:
139.67
0.00
139.67
139 .67
000451 REPUBLIC SERV ICES #249
10614 P.O. BOX 9001099
LOUISVILLE KY, 40290-1099
Pa id
GL NUMBER
101-276-732.00
DESCRIPTION
CEM MAINT
000451 REPUBLIC SERVICES #249
10613 P.O. BOX 9001099
LOUISVILLE KY, 40290-1099
Pa id
GL NUM BER
101-265-931.00
DESCRIPTION
GROUNDS MAINTEN ANCE
09/02/2021
09/02/2021
/ /
09/02/2021
09/02/2021
09/02/2021
/ /
09/02/2021
0249-007208775 GEN DUMPSTERS IN CE METERIES
N
0.0000 N
N
AMOUNT
203 .82
0249-007210663 GEN DUMPSTERS @ T WP HALL
N
0.0000 N
N
AMOUNT
885.13
203 .82
0 .00
203.82
885.13
0.00
885.13
VENDOR TOT AL: 1,088.95
09/02/2021 10:01 AM
User : DHOLTMAN
DB: Coopertwp
V endor Code
Re f #
Ve ndor na me
Address
City/Sta te/Zip
INV OICE APPROVAL BY INVOICE REPORT FOR COOPER TOWNSHIP
EXP CHECK R UN DA TES 09/02/2021 - 09/02/2021
BOTH JOURNALIZED AND UNJOURNALIZED
BOTH OPEN AND PAID
Post Da te Invoice Ba nk Invo ic e Descriptio n
CK Run Date PO Ho ld Gross Amount
Disc. Date Disc . % Sep CK Discount
Due Da te 1099 Net Amount
Pa ge : 7/7
000981
10615
Pa id
SIGNCRAFTER S
101 N. RIV ERVIEW DR.
KA LA MA ZOO MI, 49004
GL NUMBER DESCRIPTION
101-265-970.00 CAPITAL OUTLA Y
09/02/2021 82321 GEN DOWN PAYMENT ON DIGITAL MESSAGE BOA
09/02/2021 N 13,000.00
/ / 0.0000 N 0.00
09/02/2021 N 13,000.00
A MOUNT
13,000.00
VENDOR TOT AL: 13,000.00
000021 UNITED STATES POSTA L SERV 09/02/2021 09-02-21 GEN POST AGE : GENERAL, TAX, ELECTION
10616 PO BOX 0566 09/02/2021 N 3,000.00
CAROL STREA M IL, 60132-0566 / / 0.0000 N 0.00
09/02/2021 N 3,000.00
Paid
GL NUMBER DESCRIPTION AMOUNT
101-215-730.00 POSTAGE 1,000.00
101-253-730.00 POSTAGE 1,000.00
101-190-730.00 POSTAGE 1,000.00
3,000.00
VENDOR TOT AL: 3,000.00
TOTAL - ALL VENDORS: 27,488.46
09/16/2021 09:25 AM
User : DHOLTMAN
DB: Coo pertwp
Vendor Co de
Ref #
Ve ndor name
A ddr ess
City/State /Zip
INV OICE APPROVAL BY INVOICE REPOR T FOR COOPER TOWNSHIP
EXP CHECK RUN DA TES 09/16/2021 - 09/16/2021
BOTH JOUR NALIZED A ND UNJOURNALIZED
BOTH OPEN A ND PA ID
Po st Da te In vo ice Ba nk Invo ice Description
CK Run Date PO Hold
Disc . Date Disc . % Sep CK
Due Da te 1099
Page: 1/10
Gross Amount
Discount
Net Am ount
000120 A PPLIED IMA GING SYSTEM S 09/16/2021 1804458 GEN RICOH/MPC5503 (8-6-2021 TO 9-5-2021
10617 7718 SOLUTION CENTER 09/16/2021 N 101.88
CHICA GO IL, 60677-7007 / / 0.0000 N 0.00
09/16/2021 N 101 .88
Paid
GL NUM BER DESCRIPTION
101-215-933.00 EQUIP MA INTENANCE
AMOUNT
101.88
VENDOR TOT AL: 101.88
000098 ASCENSION-BORGESS MEDICAL CENTER 09/16/2021 5400522815-1600 GEN PHYSICAL DEM ANDS ANALYSIS (TANNER &
10618 ATTN: CASHIER 09/16/2021 N 200.00
1521 GULL ROA D
KA LA MAZOO MI, 49048 / / 0.0000 N 0.00
09/16/2021 N 200.00
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-340-963.00 PHYSICALS 200 .00
VENDOR TOTAL: 200 .00
09/16/2021 09:25 AM
User: DHOLTM AN
DB: Co opertwp
Vendor Code
Ref #
V en dor name
Address
City/Sta te/Zip
INV OICE A PPROVA L BY INV OICE REPORT FOR COOPER TOWNSHIP
EXP CHECK RUN DATES 09/16/2021 - 09/16/2021
BOTH JOURNA LIZED AND UNJOUR NA LIZED
BOTH OPEN AND PA ID
Po st Date Invoice
CK Run Da te PO
Disc . Date Disc. %
Due Date
Pa ge: 2/10
Bank Invoice Descr iptio n
Hold
Sep CK
1099
Gross Amount
Dis count
Net Am ount
000047 BD OF CO ROAD COMMISSION
10625 OF KAL COUNTY
3801 KILGORE ROAD
KALAM AZOO MI, 49001
Pa id
GL NUMBER
101-444-782.00
DESCRIPTION
ROAD MAINTENA NCE
000047 BD OF CO ROA D COMMISSION
10619 OF KAL COUNTY
3801 KILGORE ROA D
KALAMAZOO MI, 49001
Pa id
GL NUMBER
101-444-782.00
DESCRIPTION
ROAD MAINTENA NCE
000047 BD OF CO ROAD COM MISSION
10620 OF KAL COUNTY
3801 KILGORE ROAD
KALAMAZOO MI, 49001
Pa id
GL NUMBER
101-444-782. 00
DESCRIPTION
ROAD MAINTENANCE
000047 BD OF CO ROAD COMMISSION
10621 OF KAL COUNTY
3801 KILGORE ROAD
KALAMA ZOO M I, 49001
Pa id
GL NUMBER
101-444-782.00
DESCRIPTION
ROA D MAINTENANCE
000047 BD OF CO ROAD COMMISSION
10622 OF KA L COUNTY
3801 KILGORE ROAD
KALAMAZOO MI, 49001
09/16/2021
09/16/2021
/ /
09/16/2021
09/16/2021
09/16/2021
/ /
09/16/2021
09/16/2021
09/16/2021
/ /
09/16/2021
09/16/2021
09/16/2021
/ /
09/16/2021
09/16/2021
09/16/2021
/ /
53266
0.0000
53433
0.0000
53450
0.0000
53451
0 .0000
53452
0.0000
GEN AB A VE - 12TH ST TO DOUGLAS (2021 C
N
N
N
AMOUNT
14,870. 50
14,870.50
GEN 14TH ST - E AVE TO D AVE (2021 H MA
N
N
N
AMOUNT
66,355.04
66,355.04
GEN AB AVE - 12TH ST TO DOUGLAS (2021 C
N
N
N
AMOUNT
6,206 .94
6,206.94
GEN HUNTER CROSSING TO WILDFLO WER (2021
N
N
N
AMOUNT
1,936.28
GEN
N
N
1,936.28
,96.28
SPARROW AVE TO ROLLRIDGE (2021 CRAC
14,8,-1.11
0.00
09/16/2021 09:25 AM
User: DHOLTMA N
DB: Coopertwp
Ven do r Co de
Ref #
Ve ndor name
A ddr ess
City/State/Zip
INVOICE APPROVAL BY IN VOICE REPORT FOR COOPER TOWN SHIP
EXP CHECK RUN DATES 09/16/2021 - 09/16/2021
BOTH JOU RNALIZED A ND UNJOURNALIZED
BOTH OPEN AND PAID
Post Date Invo ic e Bank Invo ice Descr iptio n
CK Run Date PO Hold
Disc. Da te Disc . % Sep CK
Due Da te 1099
Page : 3/10
Gross Amo unt
Disco unt
Net Am ount
Pa id
GL NUM BER DESCRIPTION
101-444-782.00 ROAD MAINTENANCE
000047 BD OF CO ROAD COMMISSION
10623 OF KAL COUNTY
3801 KILGORE ROAD
KALAM AZOO MI, 49001
Paid
09/16/2021 N
09/16/2021
09/16/2021
/ /
09/16/2021
14,817.11
A MOUNT
14,817.11
53453 GEN STONY AVE TO ROCKY RD (2021 CR ACK F
N
0.0000
N
N
GL NUMBER DESCRIPTION A MOUNT
101-444-782. 00 ROAD MA INTENA NCE 17,716 .20
000047 BD OF CO ROAD COMMISSION
10624 OF KA L COUNTY
3801 KILGORE ROA D
KALAMAZOO MI, 49001
Paid
09/16/2021
09/16/2021
/ /
09/16/2021
17,716.20
0.00
716 .20
53500 GEN P ATTI CIRCLE -400° W ROCKY RD (2021
N
0.0000
N
N
GL NUM BER DESCRIPTION AMOUNT
101-444-782.00 ROAD MAINTENA NCE 2,136.88
2,136 .88
00
2,)36.88
VENDOR TOTAL: 124,038 .95
000275 BESCO WA TER TREATMENT INC 09/16/2021 09-01-21 GEN BOTTLED WATER
10626 P 0 BOX 1310 09/16/2021 N 32.00
BATTLE CREEK MI, 49016 / / 0.0000 N 0.00
09/16/2021 N 32.00
Paid
GL NUMBER DESCRIPTION AMOUNT
101-215-728.00 SUPPLIES 16.75
101-340-766.00 TOOLS & SUPPLIES 15.25
32.00
VENDOR TOTAL: 32.00
09/16/2021 09:25 AM
User: DHOLTMA N
DB: Coopertwp
Ve ndor Co de
Ref #
V endor name
A ddress
City/State/Zip
IN VOICE APPROVAL BY INVOICE REPORT FOR COOPER TOW NSHIP
EXP CHECK RUN DATES 09/16/2021 - 09/16/2021
BOTH JOURNALIZED A ND UNJOURNALIZED
BOTH OPEN AN D PAID
Post Da te Invoice Ba nk Invo ic e Description
CK Run Date PO Ho ld Gross Amount
Disc. Date Disc. % Sep CK Disco unt
Due Date 1099 N et Amount
Page: 4/10
000332
10627
Paid
BONNIE SYTSMA
393 FINEVIEW
KA LAMAZOO MI, 49004
GL NUMBER DESCRIPTION
101-925-911.00 RETIREE HEALTH CARE
09/16/2021 09-08-21 GEN REIMBURSEM ENT - HEALTH I NS.
09/16/2021 N 568 .56
/ / 0.0000 N 0.00
09/16/2021 N 568.56
AMOUNT
568.56
VENDOR TOTAL: 568 .56
000288 CAROL DEHA AN 09/16/2021 09-08-21 GEN MILEAGE
10628 855 FINEVIEW 09/16/2021 N 168.00
KALAMA ZOO MI, 49004 / / 0.0000 N 0.00
09/16/2021 N 168 .00
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-215-867.00 GAS, OIL 168.00
VENDOR TOTAL: 168.00
000128 CHA RTER COMM UNICATIONS 09/16/2021 0034716090121 GEN PHONE, TV, INTERNET - HALL, OFFICE,
10629 PO BOX 94188 09/16/2021 N 180.30
PA LA TINE IL, 60094 / / 0.0000 N 0.00
09/16/2021 Y 180.30
Paid
GL NUM BER DESCRIPTION AMOUNT
101-215-853.00 TELEPHONE 90.15
101-340-853.00 TELEPHONE 90.15
180.30
VENDOR TOT AL: 180.30
09/16/2021 09:25 AM
User: DHOLTMAN
DB: Coopertwp
Vendor Code
Ref #
Vendor n ame
A ddress
City/State/Zip
INVOICE APPROVAL BY INVOICE REPORT FOR COOPER TOWNSHIP
EXP CHECK R UN DATES 09/16/2021 - 09/16/2021
BOTH JOURNALIZED AND UNJOURNA LIZED
BOTH OPEN A ND PAID
Post Date Invoice
CK Run Date PO
Disc. Date Disc. %
Due Date
Page: 5/10
Bank Invoice Descr iption
Hold
Sep CK
1099
Gross Amount
Discount
Net Amount
000005 CONSUM ERS ENERGY
10630 PAYMENT CENTER
P.O. BOX 740309
CINCINNATI OH, 45274-0309
Paid
GL NUMBER
101-265-921.00
861-000-920.00
861-000-920. 00
DESCRIPTION
UTILITIES
ST LIGHTS
LED LIGHTS
09/16/2021
09/16/2021
/ /
09/16/2021
VA RIOUS
0.0000
GEN PARKING LOT, ST. LIGHTS, LED ST. LI
N
N
N
AM OUNT
263.31
5,511.80
420.07
6,195.18
VENDOR TOTAL:
6,195.18
0.00
6,195.18
6,195.18
000335 EM ERGENCY VEHICLE PRODUCT
10631 2975 INTERSTATE PARKW AY
KALAMA ZOO MI, 49048
Pa id
GL NUMBER
101-340-939.00
DESCRIPTION
VEHICLE M AINT
09/16/2021 S0015128
09/16/2021
/ /
09/16/2021
0.0000
GEN UNIT 261
N
N
N
AMOUNT
1,230 .00
VENDOR TOT AL:
1,230.00
0.00
1,230.00
1,230.00
000640 ESRI
10632 P. O. BOX 741076
LOS ANGELES CA, 90074-1076
Pa id
GL NUMBER
101-289-817.00
DESCRIPTION
GENERAL COMPUTER SERVICES
09/16/2021 94097113
09/16/2021
/ / 0.0000
09/16/2021
GEN ARCGIS M AINTENANCE
N
N
N
AMOUNT
742 .00
742.00
0.00
742.00
VENDOR TOTAL: 742.00
09/16/2021 09:25 AM
User: DHOLTMA N
DB: Coo pertwp
Ve ndo r Co de
Re f #
Vendo r name
Addre ss
City/State /Zip
INVOICE APPROVAL BY INVOICE REPORT FOR COOPER TOWNSHIP
EXP CHECK RUN DATES 09/16/2021 - 09/16/2021
BOTH JOURNALIZED A ND UNJOURN ALIZED
BOTH OPEN AND PAID
Post Date Invoice Ba nk Invo ice Descriptio n
CK Run Date PO Hold
Disc. Date Disc. % Sep CK
Due Da te 1099
Page: 6/10
Gross Am ount
Disco unt
Net Amount
000856
10633
Paid
IRON MOUNTAIN
P. O. BOX 27128
NEW YORK NY, 10087
GL NUMBER DESCRIPTION
101-215-962. 00 OTHER SUNDRY
09/16/2021 DW NT255 GEN DOCUMENT DESTRUCTION
09/16/2021 N 201.62
/ / 0.0000 N 0.00
09/16/2021 N 201.62
A MOUNT
201. 62
VENDOR TOTAL: 201.62
000097 KAL CO HEA LTH & COMMUNITY SERVICES 09/16/2021 14-0025234 GEN HHW MONTHLY FEES - JULY 2021
10634 09/16/2021 N 517.76
201 W. KA LAM AZOO AVE. STE. 402
KA LAMA ZOO M I, 49007 / / 0.0000 N 0.00
09/16/2021 N 517.76
Pa id
GL NUMBER DESCRIPTION AMOUNT
892-000-801.00 HAZARDOUS W ASTE CONTRACT 517.76
VENDOR TOT AL: 517.76
000866 KALA MA ZOO OIL CO 09/16/2021 CFSI-1284 GEN FUEL - FIRE T RUCKS
10635 2601 N. BURDICK ST. 09/16/2021 N 416.14
KA LAMAZOO M I, 49007-1874 / / 0.0000 N 0.00
09/16/2021 N 416.14
Paid
GL NUMBER
101-340-867. 00
DESCRIPTION AMOUNT
GAS, OIL 416.14
VENDOR TOTAL: 416.14
000086 KERW IN ELECTRIC INC. 09/16/2021 55109 GEN REPAIR OF FD ST#2 GENERATOR
10636 7930 SOUTH 8TH STREET 09/16/2021 N 135.00
K ALAMAZOO MI, 49009 / / 0.0000 N 0.00
09/16/2021 N 135.00
Paid
GL NUM BER DESCRIPTION AMOUNT
101-340-930.00 BLDG & GROUNDS MAINT 135.00
VENDOR TOTAL: 135.00
09/16/2021 09:25 AM
Us er: DHOLTM AN
DB: Co oper twp
Vendor Code
Re f #
Vendor na me
A ddress
City/State/Zip
INVOICE APPROVAL BY INVOICE REPORT FOR COOPER TOWN SHIP
EXP CHECK RUN DA TES 09/16/2021 - 09/16/2021
BOTH JOURN ALIZED AND UNJOURNALIZED
BOTH OPEN AND PAID
Post Da te Invoice
CK Run Da te PO
Disc . Date Disc. %
Due Date
Pa ge : 7/10
Ba nk Invoic e Descr iption
Hold
Sep CK
1099
Gross Amount
Discount
Net Am ount
000020
10637
Paid
GL NUMBER
101-380-728.00
101-209-728.00
101-215-728.00
KIM KARS
1748 13TH STREET
MARTIN MI, 49070
DESCRIPTION
SUPPLIES
SUPPLIES
SUPPLIES
09/16/2021 09-13-21
09/16/2021
/ / 0.0000
09/16/2021
GEN
N
N
N
WA TER, COOKIES AND BADGE REIMBURSE M
84 .55
0.00
84 .55
A MOUNT
12.50
47.49
24.56
84.55
VENDOR TOT AL:
84 .55
000012
10638
Pa id
GL NUMBER
101-215-903.00
101-805-903.00
MLIVE MEDIA GROUP
DEPT. LOCKBOX 77571
P 0 BOX 77000
DETROIT MI, 48277-0571
DESCRIPTION
LEGAL NOTICES
LEGAL NOTICES
09/16/2021 0002763916 GEN PUBLIC NOTICES - ORDINANCE, PC
09/16/2021 N
/ / 0.0000 N
09/16/2021 N
AMOUNT
293.57
108.64
402 .21
VENDOR TOT AL:
402 .21
0 .00
402 .21
402.21
000183
10639
Paid
GL NUMBER
101-190-730. 00
PLERUS PAYMENT CENTER
1175 DAVIS ROAD
ELGIN IL, 60123
DESCRIPTION
POSTAGE
09/16/2021
09/16/2021
14346 GEN MAILING OF AV APPS FOR NOV. 2021 EL
N 543 .25
/ / 0.0000
09/16/2021
N
Y
AMOUNT
543.25
0.00
543.25
VENDOR TOT AL: 543.25
09/16/2021 09:25 AM
User: DHOLTMA N
DB: Coopertwp
Vendor Code
Ref #
Ve ndor na me
A ddress
City/State /Zip
INVOICE APPROV AL BY IN VOICE R EPORT FOR COOPER TOW NSHIP
EXP CHECK RUN DA TES 09/16/2021 - 09/16/2021
BOTH JOUR NALIZED A ND UNJOURNALIZED
BOTH OPEN AND PAID
Po st Date Invo ice Bank Invo ice Description
CK Run Date PO Hold
Disc. Date Disc . % Sep CK
Due Date 1099
Pa ge: 8/10
Gross Amount
Discount
Net Amount
000009 PREIN & N EWH OF INC. 09/16/2021 63321 GEN PROF. SRVCS - ADRESSING COOPERS L AN
10640 3355 EV ERGREEN DRIVE NE 09/16/2021 N 165.00
GRAND RAPIDS MI, 49525 / / 0.0000 N 0.00
09/16/2021 N 165.00
Paid
GL NUMBER DESCRIPTION
101-215-821.00 ENGINEERING
A MOUNT
165.00
000009 PREIN & NEWHOF INC. 09/16/2021 63339 GEN SITE PL AN REVIEW - COOPERS LANDING
10641 3355 EVER GREEN DRIV E NE 09/16/2021 N 39 .25
GRAND RAPIDS MI, 49525 / / 0.0000 N 0.00
09/16/2021 N 39.25
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-805-821.00 ENGINEERING 39.25
VENDOR TOTAL: 204.25
000932 PROPERTY REVOLUTION, LLC 09/16/2021 5377 GEN MOWING
10642 P.O. BOX 111 09/16/2021 N 4,099.70
MA RTIN MI, 49070 / / 0.0000 N 0.00
09/16/2021 Y 4,099.70
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-265-931.00 GROUNDS MAINTENANCE 950.00
101-276-732.00 CEM M AINT 2,849.70
101-340-930. 00 BLDG & GROUNDS MA INT 300.00
4,099.70
VENDO R TOTAL: 4,099.70
09/16/2021 09:25 AM
Use r: DHOLTMA N
DB: Co opertwp
Vendo r Code
R ef #
Ve ndor name
A ddress
City/Sta te/Zip
INV OICE APPROV AL BY INVOICE R EPORT FOR COOPER TOWNSHIP
EXP CHECK RUN DATES 09/16/2021 - 09/16/2021
BOTH JOUR NALIZED AND UNJOURNALIZED
BOTH OPEN AND PAID
Post Date Invo ice Ba nk Invoice Descriptio n
CK Run Da te PO Ho ld
Disc. Da te Disc . % Sep CK
Due Da te 1099
Pa ge: 9/10
Gross Amount
Discount
N et Am ount
000002 R I STAFFORD EXCAVA TING 09/16/2021 2113 GEN FOUNDATIONS (HITCHCOCK, ELFERINK) G
10644 7290 EA ST D AVENUE 09/16/2021 N 1,445 .20
RICHLAND MI, 49083 / / 0.0000 N 0.00
09/16/2021 Y 1,445 .20
Pa id
GL NUMBER DESCRIPTION
101-276-734.00 GR OPEN & CLOSE
101-276-731.00 CEM FOUNDATIONS
A MOUNT
700.00
745.20
1,445.20
VENDOR TOT AL: 1,445 .20
000159 REPUBLIC SERVICES #249 09/16/2021 0249-007213356 GEN RECYCLING
10643 3432 GEMBRIT CIRCLE 09/16/2021 N 13,735.28
KALA MA ZOO MI, 49001-4614 / / 0.0000 N 0.00
09/16/2021 N 13,735.28
Paid
GL NUMBER DESCRIPTION AMOUNT
892-000-802.00 DISPOSAL & RECYCLING COST 13,735.28
VENDOR TOTAL: 13,735.28
000028 SIEGFRIED, CRANDALL, P.C. 09/16/2021 106958 GEN PROF SERVICES - AUGUST
10645 246 EA ST KILGORE ROAD 09/16/2021 N 1,100.00
KA LAMA ZOO MI, 49002-5599 / / 0.0000 N 0.00
09/16/2021 N 1,100.00
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-230-808.00 AUDIT 1,100.00
VENDOR TOT AL: 1,100.00
000050 SLEEMA NS SERVICE 09/16/2021 1037988 GEN REPAIRS TO ORDINANCE VEHICLE - 2015
10646 8004 DOUGLA S 09/16/2021 N 1,375.67
KALA MA ZOO M I, 49009 / / 0.0000 N 0.00
09/16/2021 N 1,375.67
Paid
GL NUMBER DESCRIPTION AMOUNT
101-215-863.00 VEHICLE MAINT 1,375.67
09/16/2021 09:25 AM
User: DHOLTMA N
DB: Co opertwp
Vendo r Co de
Ref #
Vendor na me
A ddre ss
City/State/Zip
INVOICE APPROVA L BY INV OICE REPORT FOR COOPER TOW NSH IP
EXP CHECK RUN DATES 09/16/2021 - 09/16/2021
BOTH JOURNA LIZED AND UN JOURNALIZED
BOTH OPEN AND PAID
Post Date Invo ice
CK Ru n Date PO
Disc. Da te Disc. %
Due Date
Page : 10/10
Ba nk Invoic e Desc ription
Hold
Sep CK
1099
Gross Amount
Disco unt
N et Amount
V ENDOR TOTAL:
1,375.67
000318
10647
Paid
GL NUMBER
101-209-959.00
STATE TA X COMM ISSION
MI DEPT OF TREA SURY
P 0 BOX 30471
LANSING MI, 48909-7971
DESCRIPTION
TRA INING & CONFERENCES
09/16/2021 09-16-21
09/16/2021
/ / 0.0000
09/16/2021
GEN MCAT ONLINE COURSE - MINDY
N
N
N
AMOUNT
150.00
VENDOR TOT AL:
150.00
0.00
150.00
150.00
000177
10648
Pa id
GL NUMBER
101-215-853.00
101-340-853.00
TDS METROCOM
P.O. BOX 94510
PALA TINE IL, 60094-4510
DESCRIPTION
TELEPHONE
TELEPHONE
09/16/2021 09-07-21
09/16/2021
/ / 0.0000
09/16/2021
GEN PHONE, SIREN : FD
N
N
Y
AMOUNT
244.39
94.58
338 .97
VENDOR TOTAL:
338.97
0.00
338.97
338 .97
000537 WA TKINS ROSS & CO
10649 200 OTTAWA AVENUE, NW
SUITE 600
GRAND RAPIDS MI, 49503-2426
Paid
GL NUMBER
101-925-910.00
DESCRIPTION
HEALTH AND LIFE
09/16/2021
09/16/2021
/ /
09/16/2021
86333 GEN RETIREE MEDIC AL PL AN
N
0 .0000
N
N
AMOUNT
1,000 .00
VENDOR TOTAL:
1,000 .00
0.00
1,000.00
1,000.00
TOTAL - ALL VENDORS: 159,206.47
09/17/2021 09:02 AM
Use r: DHOLTMA N
DB: Coopertwp
Vendor Co de
Ref
Ve ndor name
Address
City/Sta te /Zip
INVOICE APPROV AL BY IN VOICE R EPORT FOR COOPER TOW NSHIP
EXP CHECK RUN DA TES 09/17/2021 - 09/17/2021
BOTH JOURNALIZED AND UNJOURNALIZED
BOTH OPEN A ND PAID
Post Da te Invoic e Ban k In voice Descriptio n
CK Run Date PO Hold Gross Am ount
Disc. Da te Disc. % Sep CK Dis count
Du e Date 1099 Net Amount
Pa ge: 1/3
000047 BD OF CO ROAD COMMISSION
10650 OF KA L COUNTY
3801 KILGORE ROA D
KALA MA ZOO MI, 49001
Pa id
GL NUMBER DESCRIPTION
101-444-782.00 ROA D MA INTENA NCE
000047 BD OF CO ROA D COMMISSION
10651 OF KA L COUNTY
3801 KILGORE ROA D
KA LA MA ZOO MI, 49001
Pa id
GL NUMBER
101-444-782.00
09/17/2021 53266 GEN AB AVE - 12TH ST TO DOUGL AS (2021 C
09/17/2021 N
/ / 0.0000 N
09/17/2021 N
09/17/2021
09/17/2021
/ /
09/17/2021
14,870.50
0.00
14,870.50
AMOUNT
14,870.50
53267 GEN HUNTER CROSSING TO WILDFLOWER (2021
N 71.61
0.0000 N 0.00
N 71.61
DESCRIPTION AMOUNT
ROAD MAINTENANCE 71.61
000047 BD OF CO ROAD COMM ISSION 09/17/2021 53268 GEN SPARROW AVE TO ROLL RIDGE (2021 CR AC
10652 OF KA L COUNTY 09/17/2021 N 45.25
3801 KILGORE ROAD
KALAMAZOO M I, 49001 / / 0.0000 N 0 .00
09/17/2021 N 45 .25
Paid
GL NUMBER
101-444-782.00
DESCRIPTION AMOUNT
ROA D MA INTENA NCE 45.25
000047 BD OF CO ROAD COM MISSION 09/17/2021 53269 GEN STONY AVE TO ROCKY RD (2021 CR ACK F
10653 OF KAL COUNTY 09/17/2021 N 45.25
3801 KILGORE ROA D
KALAM AZOO M I, 49001 / / 0 .0000 N 0.00
09/17/2021 N 45 .25
Paid
GL NUMBER
101-444-782.00
DESCRIPTION AMOUNT
ROA D M AINTENANCE 45.25
000047 BD OF CO ROAD COMMISSION
10654 OF KAL COUNTY
3801 KILGORE ROAD
KALAMAZOO MI, 49001
09/17/2021
09/17/2021
53433 GEN 14TH ST - E AVE TO D AVE (2021 HM A
N 66,355.04
/ / 0.0000 N 0.00
09/17/2021 09:02 AM
Use r: DHOLTMAN
DB: Co opertwp
Ve ndor Code
Ref #
Ve ndor name
A ddre ss
City/State/Zip
INVOICE A PPROVAL BY INVOICE REPORT FOR COOPER TOWNSHIP
EX P CHECK RUN DATES 09/17/2021 - 09/17/2021
BOTH JOURNA LIZED AND UNJOURNA LIZED
BOTH OPEN A ND PAID
Post Da te Invo ic e Bank Invoice Des criptio n
CK Run Date PO Hold Gross Amount
Disc . Date Disc. % Se p CK Discount
Du e Da te 1099 N et Amount
Pa ge: 2/3
09/17/2021 N
Paid
GL NUM BER DESCRIPTION
101-444-782.00 ROA D MA INTENANCE
A MOUNT
66,355.04
66,355.04
000047 BD OF CO ROA D COMMISSION 09/17/2021 53450 GEN AB AVE - 12TH ST TO DOUGLAS (2021 C
10655 OF KAL COUNTY 09/17/2021 N 6,206.94
3801 KILGORE ROA D
K ALAMAZOO M I, 49001 / / 0.0000 N 0.00
09/17/2021 N 6,206.94
Paid.
GL NUMBER DESCRIPTION A MOUNT
101-444-782.00 ROAD MA INTENA NCE 6,206.94
000047 BD OF CO ROA D COMMISSION 09/17/2021 53451 GEN HUNTER CROSSING TO WILDFLO WER (2021
10656 OF KAL COUNTY 09/17/2021 N 1,936.28
3801 KILGORE ROAD
KALAMA ZOO M I, 49001 / / 0.0000 N 0.00
09/17/2021 N 1,936.28
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-444-782. 00 ROA D MAINTENA NCE 1,936 .28
000047 BD OF CO ROAD COM MISSION 09/17/2021 53452 GEN SP ARRO W AVE TO ROLLRIDGE (2021 CR AC
10657 OF KA L COUNTY 09/17/2021 N 14,817.11
3801 KILGORE ROA D
KA LAM AZOO MI, 49001 / / 0.0000 N 0.00
09/17/2021 N 14,817.11
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-444-782. 00 ROAD M AINTENANCE 14,817.11
000047 BD OF CO ROA D COM MISSION 09/17/2021 53453 GEN STONY AVE TO ROCKY RD (2021 CRACK F
10658 OF KAL COUNTY 09/17/2021 N 17,716 .20
3801 KILGORE ROA D
KA LAM AZOO M I, 49001 / / 0.0000 N 0.00
09/17/2021 N 17,716.20
Pa id
GL NUMBER DESCRIPTION AMOUNT
09/17/2021 09:02 AM
User: DHOLTMAN
DB: Coopertwp
Vendor Code
Ref #
Vendor na me
Address
City/State/Zip
INVOICE APPROVA L BY INVOICE REPORT FOR COOPER TOWN SHIP
EXP CHECK RUN DA TES 09/17/2021 - 09/17/2021
BOTH JOURNA LIZED AND UNJOURNALIZED
BOTH OPEN A ND PA ID
Post Date Invo ice Bank Invo ice Descr iption
CK Run Date PO Ho ld
Disc. Da te Disc . % Sep CK
Due Date 1099
Page: 3/3
Gross Amount
Dis count
N et Amount
101-444-782.00 ROAD MA INTENA NCE
17,716.20
000047 BD OF CO ROA D COMMISSION 09/17/2021 53500 GEN PA TTI CIRCLE - 400' W ROCKY RD (202
10659 OF KAL COUNTY 09/17/2021 N
3801 KILGORE ROAD
K ALAMA ZOO MI, 49001 / / 0.0000 N
09/17/2021 N
Paid
GL NUMBER DESCRIPTION
101-444-782. 00 ROA D MA INTENA NCE
A MOUNT
2,136.88
2,136.88
0.00
2,136.88
VENDOR TOTAL: 124,201.06
TOTAL - ALL VENDORS: 124,201.06
09/30/2021 09:35 AM
Use r: DHOLTM AN
DB: Cooper twp
Vendor Co de
Ref #
Ve ndo r name
A ddress
City/Sta te /Zip
INVOICE A PPROVAL BY INVOICE REPORT FOR COOPER TOWNSHIP Pa ge : 1/6
EXP CHECK RUN DATES 09/30/2021 - 09/30/2021
BOTH JOURNALIZED AND UNJOURNA LIZED
BOTH OPEN AND PA ID
Post Da te Invoic e Bank Invoice Descr iption
CK Run Da te PO Hold Gross Amount
Disc . Date Disc. % Se p CK Discount
Due Date 1099 Net Amount
000016 AMERICAN GAS & OIL, INC 09/30/2021 08-31-21 GEN FUEL - TWP VEHICLES
10660 P.O. BOX 247 09/30/2021 N 143.12
SPARTA MI, 49345 / / 0.0000 N 0.00
09/30/2021 N 143.12
Paid.
GL NUMBER DESCRIPTION
101-215-867.00 GAS, OIL
AM OUNT
143.12
VENDOR TOT AL: 143.12
000312 BAUCKHAM , SPARKS,THALL, SEEBER & 09/30/2021 6906, 6908 & 69 GEN ORDIN ANCE - LEG AL FEES
10661 09/30/2021 N 963 .95
470 W. CENTRE AVE., SUITE A
PORTAGE MI, 49024 / / 0.0000 N 0.00
09/30/2021 Y 963.95
Paid
GL NUMBER DESCRIPTION AMOUNT
101-380-826.00 LEGA L FEES 963.95
VENDOR TOTAL: 963.95
000720 BERNIE'S HAUL -AWA Y 09/30/2021 16820 GEN CLEAN UP AT 5118 N. 20TH STREET
10663 P.O. BOX 126 09/30/2021 N 600.00
MA RTIN MI, 49070 / / 0.0000 N 0.00
09/30/2021 Y 600.00
Paid
GL NUMBER DESCRIPTION A MOUNT
101-380-970.00 CAPITAL OUTLAY 600.00
VENDOR TOTAL: 600.00
09/30/2021 09:35 AM
User: DHOLTMAN
DB: Coopertwp
Vendor Code
Ref #
Ve ndor name
Addr ess
City/Sta te/Zip
INV OICE APPROV AL BY INVOICE REPORT FOR COOPER TOWNSHIP
EXP CHECK RUN DA TES 09/30/2021 - 09/30/2021
BOTH JOUR NALIZED A ND UNJOURNALIZED
BOTH OPEN AND PA ID
Po st Da te Invo ic e Bank Invoice De scr iption
CK Run Date PO Ho ld Gross Am ount
Disc . Date Disc. % Se p CK Disc ount
Due Date 1099 N et Amount
Page: 2/6
000013 BLUE CROSS BLUE SHIELD OF MICHIGAN 09/30/2021 SEPTEM BER2021 GEN HEALTH INS.
10662 P 0 BOX 674416 09/30/2021 N 5,585.20
DETROIT M I, 48267-4416 / / 0.0000 N 0.00
09/30/2021 N 5,585.20
Pa id
GL NUMBER DESCRIPTION AM OUNT
101-925-910.00 HEA LTH A ND LIFE 4,566.90
101-000-214.29 DUE TO HEALTH INSURANCE 1,018.30
5,585.20
VENDOR TOT AL: 5,585.20
000680 CA RDMEMBER SERVICE 09/30/2021 SEPT2021 GEN CAR WASHES, FUEL, CONFERENCES, C AME
10664 P.O. BOX 790408 09/30/2021 N 1,692.31
SA INT LOUIS MO, 63179-0408 / / 0.0000 N 0.00
09/30/2021 N 1,692.31
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-215-863.00 VEHICLE MA INT 21.99
101-215-867.00 GAS, OIL 15.57
101-380-950.00 MISC 12 .99
101-171-959.00 TRA INING & CONFERENCES 181.90
101-340-933.00 EQUIP MAINTENA NCE 10.00
101-340-958.00 M EMBERSHIPS & DUES 22.16
101-215-959.00 TRA INING & CONFERENCES 242.32
101-190-730.00 POSTA GE 452.31
101-209-728.00 SUPPLIES 656.76
101-190-728.00 SUPPLIES 76.31
1,692.31
VENDOR TOT AL: 1,692 .31
09/30/2021 09:35 AM
User: DHOLTMAN
DB: Coopertwp
INVOICE APPROV AL BY INVOICE REPORT FOR COOPER TOWNSHIP
EXP CHECK R UN DATES 09/30/2021 - 09/30/2021
BOTH JOURNALIZED A ND UNJOURNALIZED
BOTH OPEN AN D PAID
V endor Code Vendor name Post Da te Invo ic e
Ref # Addr ess CK Run Date PO
City/Sta te/Zip Disc. Date Disc . %
Due Da te
Pa ge: 3/6
Bank Invo ice Description
Hold
Se p CK
1099
Gross Amount
Discount
N et Amou nt
000005 CONSUMERS ENERGY
10665 PAYMENT CENTER
P.O. BOX 740309
CINCINNA TI OH, 45274-0309
Pa id
GL NUMBER
101-276-921.00
101-276-921.00
101-265-921.00
101-340-920.00
861-000-920.00
861-000-920.00
101-444-928.00
101-265-921.00
101-340-920.00
101-265-921.00
DESCR IPTION
ELECTRICITY
ELECTRICITY
UTILITIES
UTILITIES
ST LIGHTS
LED LIGHTS
TW P SHA RE OF ST LIGHTS
UTILITIES
UTILITIES
UTILITIES
09/30/2021
09/30/2021
/ /
09/30/2021
V ARIOUS
0.0000
GEN CEMETERIES, REC BARN, FD ST2, ST. L
N
N
N
A MOUNT
30.27
29.09
52.20
264.50
5,481.57
435 .48
44.21
668 .35
445.35
36.94
7,487.96
VENDOR TOTAL:
7,487 .96
0 .00
7,487.96
7,487.96
000980
10666
Pa id
GL NUMBER
101-265-930.00
CREATURE CONTROL
179 KUHN ST.
GREGORY MI, 48137
DESCRIPTION
BLDG MA INT
09/30/2021
09/30/2021
/ /
09/30/2021
3476 GEN ROOF TOP/ELE VATED REPAIRS
N
0.0000 N
N
A MOUNT
1,135.00
1,135.00
0 .00
1,135 .00
VENDOR TOTAL: 1,135.00
09/30/2021 09:35 AM
User: DHOLTMAN
DB: Coo pertwp
Ve ndor Code
Re f #
Vendor name
Address
City/Sta te/Zip
INVOICE APPROVA L BY INVOICE REPOR T FOR COOPER TOWNSHIP
EXP CHECK RUN DATES 09/30/2021 - 09/30/2021
BOTH JOURNA LIZED AND UNJOUR NALIZED
BOTH OPEN AND PAID
Post Date Invoic e Ba nk Invo ice Descriptio n
CK Run Da te PO Hold Gross Amount
Disc. Da te Disc . % Sep CK Disc ount
Due Date 1099 Net Am ount
Page: 4/6
000059 FOSTERSW IFTCOLLINS&SM ITH 09/30/2021 817164 GEN M UN. GEN. & PFAS WATER REMEDIATIO N
10667 313 SOUTH W ASHINGTON SQR. 09/30/2021 N 1,960 .00
LANSING MI, 48933 / / 0.0000 N 0.00
09/30/2021 Y 1,960 .00
Paid
GL NUMBER DESCRIPTION
101-203-826.00 LEGAL FEES
101-805-826.00 LEGAL FEES
591-000-826.00 LEGA L FEES
AM OUNT
120.00
740.00
1,100.00
1,960.00
VENDOR TOT AL: 1,960.00
000982 J -BIRD ENGINE COMPANY 09/30/2021 09-28-21 GE N JASON EMIG BO AT MOTOR
10668 P.O. BOX 438 09/30/2021 N 4,612.00
KEWA SKUM WI, 53040 / / 0.0000 N 0.00
09/30/2021 N 4,612.00
Pa id
GL NUMBER DESCRIPTION AMOUNT
101-340-970. 00 CA PITA L OUTLAY 4,612.00
VENDOR TOT AL: 4,612.00
000953 KA L. COUNTY REGISTER OF DEEDS 09/30/2021 09-30-21 GEN RECORD SE WER CONTR ACT FOR 5276 N. R
10669 201 W. KALAMAZOO AVENUE 09/30/2021 N 30.00
KA LAMA ZOO M I, 49007 / / 0.0000 N 0.00
09/30/2021 N 30.00
Paid
GL NUM BER
591-000-961.02
DESCRIPTION AMOUNT
CA P CONST COST SEW ER 30.00
VENDOR TOTAL: 30.00
09/30/2021 09:35 AM
User : DHOLTM AN
DB: Coo pertwp
Vendor Code
Ref #
Vendor na me
Address
City/State/Zip
INVOICE APPROVAL BY INVOICE R EPORT FOR COOPER TOWNSHIP
EXP CHECK RUN DATES 09/30/2021 - 09/30/2021
BOTH JOURNALIZED AND UNJOURNALIZED
BOTH OPEN AND PAID
Post Da te Invoice
CK Run Date PO
Disc. Da te Disc. %
Due Da te
Page: 5/6
Bank Invoic e Description
Hold
Sep CK
1099
Gross Amount
Disc ount
Net Amount
000081
10670
Paid
GL NUMBER
101-253-962.00
KALA MAZOO CO TREASURER
201 WEST KALAM AZOO AVE
KALA MAZOO MI, 49007
DESCRIPTION
MI TAX COMM REFUND
09/30/2021 09-22-21
09/30/2021
/ / 0.0000
09/30/2021
GEN
N
N
N
JULY 2021 BOR REFUND P.R.E.
111.46
0.00
111 .46
AMOUNT
111.46
VENDOR TOTAL:
111.46
000058 MI A SSOCIATION OF MUNICIPA L CLERKS
10671 120 N. W ASHINGTON SQ
SUITE 110A
LA NSING MI, 48933
Paid
GL NUMBER
101-215-959. 00
DESCRIPTION
TRAINING & CONFERENCES
09/30/2021 1945752489 GEN MI ASSOC OF MUN CLERKS CONFERENCE
09/30/2021 N
/ / 0.0000 N
09/30/2021 N
AMOUNT
450.00
VENDOR TOTAL:
450 .00
0.00
450.00
450.00
000183
10672
Paid
GL NUMBER
101-190-728.00
PLERUS PAYM ENT CENTER
1175 DAVIS ROA D
ELGIN IL, 60123
DESCRIPTION
SUPPLIES
09/30/2021
09/30/2021
/ /
09/30/2021
14382 GEN POLL BOOKS & BINDERS, PRECINCT SUPP
N 260.43
0.0000
N
Y
A MOUNT
260.43
0.00
260.43
VENDOR TOT AL: 260 .43
09/30/2021 09:35 AM
User: DHOLTMAN
DB: Coopertwp
V endor Code Vendor name
Ref # Address
City/State/Zip
INVOICE A PPROV AL BY INVOICE REPORT FOR COOPER TOWNSHIP
EXP CHECK RUN DA TES 09/30/2021 - 09/30/2021
BOTH JOURNA LIZED AND UNJOURNA LIZED
BOTH OPEN AND PAID
Post Da te Invo ice Bank Invoice Descriptio n
CK Run Date PO Hold Gross Am ount
Disc. Da te Dis c. % Se p CK Disc ount
Due Date 1099 Net Amount
Page : 6/6
000713 TNT BUILDIN G SERV ICES INC 09/30/2021 6224 GEN JANITORIAL SER VICES : HALL, OFFICE,
10673 2511 M OUNT OLIVET ROAD 09/30/2021 N 625.00
KA LAMAZOO M I, 49004 / / 0.0000 N 0.00
09/30/2021 N 625.00
Paid
GL NUMBER DESCRIPTION
101-265-930.00 BLDG MAINT
101-340-930.00 BLDG & GROUNDS MAINT
AM OUNT
325.00
300.00
625.00
VENDOR TOTAL: 625.00
TOT AL - ALL VENDORS: 25,656.43
Bank Type AcctNumber Amount
MercantileBank Checking xxxx2563 77,397.73 15,032.61 51724
MercantileBank Checking xxxx2571 822,287.33 88.10 13541
MercantileBank Checking xxxx2621 112,987.32 129.29 13549
MercantileBank Checking xxxx2589 622,256.02 64,455.91 51762
AdviaCU Savings xxxx4355 5.00 Purchase/87.34 51790
ConsumersCU Savings xxxx2728 25.00 LastInterest Maturity Pmtfrequency 4,980.10 51797
MultibankSecurities CD 1,353,706.04 3/31/2021 Various Monthly 22.50 51802
ConsumersCU CD xxxx8079 275,805.33 3/31/2021 5/21/2024 Monthly 700.00 51809
AdviaCU CD xxxx4355 210,014.01 3/31/2021 3/27/2023 Qtrly 992.03 EFT863
Mercantile CD xxxx2466 100,000.00 7/9/2020 7/9/2021 86,487.88
Mercantile CD xxxx3864 100,000.00 10/7/2020 4/5/2021
tcf Bank CD xxxx4505 103,923.05 8/1/2020 8/1/2021
tcf Bank CD xxxx6715 103,413.52 10/16/2020 4/16/2022
FNB CD xxxxxxxx 200,000.00 4/22/2021 5/22/2022
CIBC CD xxxx6708 250,000.00 4/5/2019 4/5/2021
BankBalance 4,331,820.35
Interest (208.66)
DIT -
OSC (86,487.88) Interest
Adjustments 55.25 Bank Earned
UnlocatedDiff - 2563 5.91
BookBalances 4,245,179.06 2571 112.43
(A)2621 9.90
2589 80.42
#101-001 2,402,858.58 x MBS -
#101-004 1,143,155.91 x 208.66
#246-001 17,306.11 x
#249-001 55,171.55 x
#401-001 36,050.01 x
#591-001 708,285.87 x
#861-001 101,407.13 x
#865-001 (203,031.35)x
#892-001 (16,024.75)x
4,245,179.06
(A)
Adjustments:
ConsumersCUCDInterest -
AdviaCUCDInterest -
MultibankSecuritiesAppr/Dpr
PriorMo 1,568,423.94
CurrentMo 1,568,423.94 - Receipt #
Record Service Charge - 8/15 (55.25)
Unlocated Difference -
(55.25)
Unadjusted Aug Adjusted PROPOSED
Balance Adjustments Balance ADJUSTMENT
#101-001 2,402,858.58 (55.25) 2,402,803.33 Debit
#101-004 1,143,155.91 - 1,143,155.91 (Credit)
#246-001 17,306.11 - 17,306.11 101-000-001.00 (55.25)
#249-001 55,171.55 - 55,171.55 101-000-673.00 55.25
#401-001 36,050.01 - 36,050.01
#591-001 708,285.87 - 708,285.87
#861-001 101,407.13 - 101,407.13
#865-001 (203,031.35)- (203,031.35)
#892-001 (16,024.75)- (16,024.75)
4,245,179.06 (55.25) 4,245,123.81
(A)
OSC-current
AUGUST 2021 TREASURERS REPORT
DeAnna Janssen
From: terry emig <chief2902001 @yahoo.com>
Sent: Monday, October 4, 2021 11:26 AM
To: jeff; DeAnna Janssen; Carol; Brian Klok
Subject: Sept 2021 chief report
1. The department ran a total of 72 calls
Special service: 3
Medical: 44
- Lift assist: 2
False alarms: 1\
CO detector: 2
Assist to other departments: 5
- Burn complaints: 2
- Wires down: 4
Pi's: 5
- Fire alarms: 4
2. Two Firefighters were put on a 6 month suspension for no making the
15% call quota. This was a second offence for both of them.
3. We have ordered a new motor for the Air boat. We will pick it up when it
arrives. The cost was Around $4700.00.
4. Truck maintenance tanker 261 had all of the tail lights replaced with LED
lights.
1
Calls For Service Month YTD
Station 1 District 25 198
Station 2 District 43 290 8 76
Not Recorded 17 73
Total 68 488 25 181
18 125
Types of Incidents Month YTD 3 35
100 (All fire Incidents)4 36 4 37
111 (Building Fires)1 6 0 5
300 (EMS)42 305
(Vehicle Accidents)4 29 Primary Action Taken
400 (Haz. Conditions)8 45 (Most Common)
500 (Service, burn Comps.)1 22 23 155
600 & 700 (Cancelled & False)11 73 14 88
Aid Given Incidents 5 52 15 91
Aid Received Incidents 4 26 2 16
Average Response Times Month YTD COVID a Factor To Date
Avg. dispatch to arrive 7:31 7:42 27
Avg. on scene time 22:19 31:52 2
Longest total incident time 1:38:51 2:52:32 762
162
Incident Count by 4 Hr Range Month YTD
00:00-3:59 7 38
04:00-7:59 4 51
08:00-11:59 12 104
12:00-15:59 12 103 29 213
16:00-19:59 22 121 18 125
20:00-23:59 11 71 21 129
Avg. Personnel on Incident Month YTD
00:00-3:59 5 4
04:00-7:59 5 6
08:00-11:59 6 7
12:00-15:59 5 7
16:00-19:59 12 11
20:00-23:59 10 9
Overall Average 8 8
Unknown
Started tracking data for COVID 3/22/20
Training Topics
Business Tours
Ventilation
Boats
Cooper Fire Department Monthly
August 2021
Apparatus Used on
Incidents Month YTD
211
212
251
252
261
272
Provide Manpower
Avg. of total people responded for Incident
Month YTD
Provide first aid
Provide Basic Life Support
Investigate
Cooper Unit on Scene
Before Ambulance Month YTD
Yes
No
No Ambulance on Scene
Yes, COVID was suspected
Yes, COVID was confirmed
No, COVID was not a factor
COOPER CHARTER TOWNSHIP
KALAMAZOO COUNTY, MICHIGAN
RESOLUTION NO. 21-208
RESOLUTION TO WAIVE 3% LATE PENALTY CHARGE
WHEREAS, payments for winter taxes and deferred summer taxes are due no later than
February 14 or the next regular business day if February 14 falls on a Saturday, Sunday or legal
holiday AND,
WHEREAS, a township board may authorize the treasurer to impose on taxes paid after
February 14 and before taxes are returned as delinquent under section 78a(2) a late penalty
charge equal to 3% of the tax AND,
WHEREAS, the Cooper Township Board has authorized the imposition of the 3% late penalty
charge AND,
WHEREAS, MCL 211.44(3) gives townships the ability to waive any late penalty charge for the
homestead property of a senior citizen, paraplegic, quadriplegic, hemiplegic, eligible service
person, eligible veteran, eligible widow or widower, totally and permanently disabled person, or
blind person as those persons are defined in chapter 9 of the income tax act of 1967, 1967 PA
281, MCL 206.501 to 206.532, if the person presents a copy of the form filed for that credit to
the township treasurer, and if the person has not received the credit before February 15 AND,
WHEREAS, MCL 211.44(3) gives townships the ability to waive any late penalty charge for a
person’s property that is subject to a farmland development rights agreement recorded with the
register of deeds of the county in which the property is situated as provided for in section 36104
of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36104, if the
person presents a copy of the development rights agreement or verification that the property is
subject to a development rights agreement before February 15,
THEREFORE, BE IT RESOLVED THAT, the Cooper Township Board, by approving this
resolution, is authorizing the waiving of the late penalty charge as allowed under MCL
211.44(3).
The foregoing resolution offered by:____________, second offered by: ____________.
Upon roll call the vote was as follows:
“Yes”: ____________________________________________________
“No”: __________________
“Absent”: ___________________
Resolution declared Adopted.
CERTIFICATE
I hereby certify that the foregoing constitutes a true and complete copy of the Resolution
adopted at a Regular Meeting of the Charter Township of Cooper Board held via Zoom on
Monday, October 11, 2021 and said meeting was conducted and public notice of said meeting
was given pursuant to and in full compliance with the Open Meetings Act, being 1976 PA 267;
that a quorum of the Board was present and voted upon said Resolution as set forth in the
minutes of said meeting which were kept and have been or will be made available as required
by said Open Meetings Act.
__________________________________
DeAnna Janssen, Clerk
COOPER CHARTER TOWNSHIP
KALAMAZOO COUNTY, MICHIGAN
RESOLUTION NO. 21-209
RESOLUTION TO WAIVE 1% INTEREST ON
DEFERRED SUMMER TAXES PAID PRIOR TO FEBRUARY 14
WHEREAS, payments for deferred summer taxes are due no later than February 14 or the next
regular business day if February 14 falls on a Saturday, Sunday or legal holiday AND,
WHEREAS, a summer deferred tax not paid by February 15 is subject to 1% interest AND,
WHEREAS, MCL 211.44(3) gives townships the ability to waive interest on a summer tax that
has been deferred from February 15 to the day the taxes are returned as delinquent for the
homestead property of a senior citizen, paraplegic, quadriplegic, hemiplegic, eligible service
person, eligible veteran, eligible widow or widower, totally and permanently disabled person, or
blind person as those persons are defined in chapter 9 of the income tax act of 1967, 1967 PA
281, if the person makes a claim before February 15 for a credit for that property provided by
chapter 9 of the income tax act of 1967, 1967 PA 281, if the person presents a copy of the form
filed for that credit to the township treasurer, and if the person has not received the credit before
February 15 AND,
WHEREAS, MCL 211.44(3) gives townships the ability to waive interest on a summer tax that
has been deferred from February 15 to the day the taxes are returned as delinquent for a
person’s property that is subject to a farmland development rights agreement recorded with the
register of deeds of the county in which the property is situated as provided for in section 36104
of the natural resources and environmental protection act, 1994 PA 451, if the person presents
a copy of the development rights agreement or verification that the property is subject to a
development rights agreement before February 15,
THEREFORE, BE IT RESOLVED THAT, the Cooper Township Board, by approving this
resolution, is authorizing the waiving of the interest on deferred summer taxes as allowed under
MCL 211.44(3).
The foregoing resolution offered by:____________, second offered by: ____________.
Upon roll call the vote was as follows:
“Yes”: ____________________________________________________
“No”: __________________
“Absent”: ___________________
Resolution declared Adopted.
CERTIFICATE
I hereby certify that the foregoing constitutes a true and complete copy of the Resolution
adopted at a Regular Meeting of the Charter Township of Cooper Board held via Zoom on
Monday, October 11, 2021 and said meeting was conducted and public notice of said meeting
was given pursuant to and in full compliance with the Open Meetings Act, being 1976 PA 267;
that a quorum of the Board was present and voted upon said Resolution as set forth in the
minutes of said meeting which were kept and have been or will be made available as required
by said Open Meetings Act.
__________________________________
DeAnna Janssen, Clerk
COOPER CHARTER TOWNSHIP
KALAMAZOO COUNTY, MICHIGAN
RESOLUTION 21-210
RESOLUTION TO WAIVE INTEREST & PENALTY
FOR FAILURE TO FILE A PROPERTY TRANSFER AFFIDAVIT
WHEREAS, MCL 211.27b authorizes the township to assess interest and penalties for failure to
file a property transfer affidavit as detailed in MCL211.27b AND,
WHEREAS, the Cooper Charter Township Board has chosen to waive the interest and penalties
for failure to file a property transfer affidavit AND
THEREFORE BE IT RESOLVED THAT, the Cooper Charter Township Board, by approving this
resolution, is authorizing the waiving of the late penalty and interest charge as allowed under
MCL211.27b.
The foregoing resolution offered by:____________, second offered by: ____________.
Upon roll call the vote was as follows:
“Yes”: ____________________________________________________
“No”: __________________
“Absent”: ___________________
Resolution declared Adopted.
CERTIFICATE
I hereby certify that the foregoing constitutes a true and complete copy of the Resolution
adopted at a Regular Meeting of the Charter Township of Cooper Board held via Zoom on
Monday, October 11, 2021 and said meeting was conducted and public notice of said meeting
was given pursuant to and in full compliance with the Open Meetings Act, being 1976 PA 267;
that a quorum of the Board was present and voted upon said Resolution as set forth in the
minutes of said meeting which were kept and have been or will be made available as required
by said Open Meetings Act.
__________________________________
DeAnna Janssen, Clerk
COOPER CHARTER TOWNSHIP
KALAMAZOO COUNTY, MICHIGAN
RESOLUTION NO. 21-211
RESOLUTION TO ADOPT 80%/20% EMPLOYER/EMPLOYEE HEALTH CARE COST
OPTION AS SET FORTH IN 2011 PUBLIC ACT 152, THE PUBLICLY FUNDED
HEALTH INSURANCE CONTRIBUTION ACT
A resolution made and adopted at a meeting of the Township Board of the Charter
Township of Cooper, Kalamazoo County, State of Michigan, held via Zoom on October
11, 2021 at 7:00pm.
WHEREAS, 2011 Public Act 152 (the “Act”) was passed by the State Legislature and
signed by the Governor on September 24, 2011;
WHEREAS, the Act contains t hr e e options for complying with the requirements of the
Act;
WHEREAS, the three options are as follows:
1) Section 3 - “Hard Caps” Option - limits a public employer’s total annual health
care costs for employees based on coverage levels, as defined in the Act;
2) Section 4 - “80%/20%” Option - limits a public employer’s share of total annual
health care costs to not more than 80%. This option requires an annual majority
vote of the governing body;
3) Section 8 - “Exemption” Option - a local unit of government, as defined in the
Act, may exempt itself from the requirements of the Act by an annual 2/3 vote of
the governing body;
WHEREAS, the Charter Township of Cooper has decided to adopt the 80%/20%
option as its choice of compliance under the Act;
NOW, THEREFORE, BE IT RESOLVED the Charter Township of Cooper elects to
comply with the requirements of 2011 Public Act 152, the Publicly Funded Health
Insurance Contribution Act, by adopting the 80%/20% option for the medical benefit plan
coverage year December 1, 20 21 through November 30, 2022.
This Resolution was offered by _____________, supported by ____________________.
“Yes”: ___________________________
“No”: ________________
“Absent”: ________________
Resolution declared Adopted.
CERTIFICATE
I hereby certify that the foregoing constitutes a true and complete copy of the Resolution
adopted at a Regular Meeting of the Charter Township of Cooper Board held at the
Cooper Township Office on Monday, October 11, 2021 and said meeting was conducted
and public notice of said meeting was given pursuant to and in full compliance with the
Open Meetings Act, being 1976 PA 267; that a quorum of the Board was present and
voted upon said Resolution as set forth in the minutes of said meeting which were kept
and have been or will be made available as required by said Open Meetings Act.
________________________________
DeAnna Janssen, Clerk
Charter Township of Cooper
CHARTER TOWNSHIP OF COOPER
RESOLUTION NO. 21-212
RESOLUTION DIRECTING TOWNSHIP ATTORNEY TO PREPARE GULL LAKE
SEWER AUTHORITY AGREEMENT
At a regular meeting of the Township Board of the Charter Township of Cooper (the
"Township"), Kalamazoo County, Michigan, held at the Township Hall in the Township on
October 11, 2021, at 7:00 p.m., Eastern Standard Time.
PRESENT: ____________________________________________________________
ABSENT: ____________________________________________________________
The following resolution was offered by __________________________________ and supported
by ____________________________________.
WHEREAS, pursuant to PA 233 of 1955, the Gull Lake Sewer and Water Authority (the
“Authority”) provides system management, maintenance, repairs and upgrades for wastewater and
sewer systems in municipalities within Kalamazoo and Barry Counties; and
WHEREAS, the Township is within the service district of the Authority and the Township
owns and operates a sanitary sewer collection and transport system within its corporate limits; and
WHEREAS, the Township desires to join the Authority and transfer certain sewer assets
to the Authority; and
WHEREAS, the Township Board finds that it is in the best interest of the public health,
safety, and welfare to authorize the Township Attorney to begin drafting an agreement with the
Authority memorializing these terms.
NOW, THEREFORE, the Township Board of Charter Township of Cooper, Kalamazoo
County, Michigan, resolves as follows:
1. The Township hereby directs to the Township Attorney to begin drafting an
agreement between the Township and the Authority for the Township to join the Authority and
transfer certain sewer assets to the Authority, subject to the final approval by the Township Board
at a later date.
2. Any and all resolutions in conflict with this Resolution are repealed to the extent
necessary to give this Resolution full force and effect.
YEAS: ____________________________________
NAYS: ____________________________________
THE RESOLUTION WAS DECLARED ADOPTED.
STATE OF MICHIGAN )
)
COUNTY OF KALAMAZOO )
I the undersigned, the duly qualified and acting Township Clerk of the Charter Township
of Cooper, Kalamazoo County, Michigan, DO HEREBY CERTIFY that the foregoing is a true
and complete copy of certain proceedings taken by the Township Board at a regular meeting held
on the 11th day of October, 2021, at 7:00 p.m.
_________________________________________
DeAnna Janssen, Township Clerk
79620:00001:5850916-1
1/13/2014 5:02 pm
Project Description Project Total
Cooper
Township
Share
Remaining
Cooper Share
Project Under
by
Project Over by
F
I
N
A
L
?
pymt date invoice #pymt amount Total Paid
14th - E Ave to D Ave $155,018.00 $77,509.00 9/16/2021 53433 $66,355.04
$66,355.04 $11,153.96
AB Ave - 12th St to Douglas $83,759.00 $41,879.50
7/8/2021 53266 $14,870.50
8/5/2021 53350 $18,914.56
9/16/2021 53450 $6,206.94
$39,992.00 $1,887.50
$29,913.00 $14,956.50
7/8/2021 53267 $71.61
8/5/2021 53351 $12,948.60
9/16/2021 53451 $1,936.28
$14,956.49 $0.01
$65,619.00 $32,809.50
7/8/2021 53268 $45.25
8/5/2021 53352 $15,563.45
9/16/2021 53452 $14,817.11
$30,425.81 $2,383.69
Stoney Ave, Quartz St, Granit
Ave, Rocky Rd $57,681.00 $28,840.50
7/8/2021 53269 $45.25
8/5/2021 53353 $13,815.24
9/16/2021 53453 $17,716.20
$31,576.69 -$2,736.19
Pattie Circle $8,565.00 $8,565.00
Crack Fill, Double Chip Seal, Fog
Seal 8/5/2021 53422 $3,214.06
9/16/2021 53500 $2,136.88
(added by supervisor)
$5,350.94 $3,214.06
$204,560.00 $188,656.97
YES
2021/2022 ROAD PROJECTS AND PAYMENTS
Cooper Payments (Invoice Date)
YES
HMA Overlay
Crack fill, HMA Wedging, Chip
Seal, Fog Seal
Crack Fill, Chip Seal, Fog Seil
YES
Crack Fill, Double Chip Seal, Fog
Seal
Hunters Crossing, Woodview
Grover, Wild Flower Path
Sparrow Ave, Oriole St, Wren
St, Rollridge Ave
Crack Fill, Double Chip Seal, Fog
Seal
SMBA - FY 2022 Requested Budget Table of Contents Page 1 of 14
Southwest Michigan Building Authority
Requested Budget for Fiscal Year 2022
January 1, 2022 to December 31, 2022
Approval History
Date Approved Record of Vote
SMBA Board 2021-09-23 4 (Yes) - 0 (No), 1 Absent
Oshtemo Township Board
Cooper Township Board
Budget Timeline
Date Item Status
2021-09-23 Requested Budget Presented to SMBA Board & Approved to
Forward to Participating Local Units Complete
2021-10-11 Budget Approved by SMBA Board Presented to Cooper
Township Board Pending
2021-10-12 Budget Approved by SMBA Board Presented to Oshtemo
Township Board Pending
2021-12-09 Budget Approved by Participating Local Units Adopted by
SMBA Board Pending
Our Mission:
To provide our customers with professional, prompt, and fiscally responsible services for building
permitting, inspections, and code enforcement.
SMBA - FY 2022 Requested Budget Table of Contents Page 2 of 14
Office Manager’s Letter
It is my pleasure to present for your consideration the draft budget for the 2022 fiscal year. The draft
budget was prepared with the Authority’s mission of fiscal responsibility at the heart of every decision.
There are several items of note to which I would like to call the board’s attention:
1. New GL Numbers. The Authority worked with BS&A Software during the month of May 2021 to
update our chart of accounts to be in compliance with the revised uniform chart of accounts
published by the State. As a result, the fund and department numbers used by the Authority
have changed. Additionally, several existing GL numbers have been split into discrete numbers
to better capture financial activity. Specifically, permit inspection revenue has been split from
the general permit revenue line, and the IT expense line has been split into the functional
aspects of that line item.
2. Salaries. Stemming from the effects of the COVID-19 pandemic, the Social Security
Administration (SSA) is expected to announce a much larger Cost of Living Adjustment (COLA)
than in previous years. Per the Salary Adjustment Policy, employees shall receive the higher of
the SSA COLA or the inflation rate multiplier published by the State Treasury Department in
addition to a merit increase based on performance review data. Typically, the COLA is not
published by the SSA until the end of the year (after we will have adopted our budget).
Therefore, the numbers used in calculating salary adjustments for staff are intended to be for
budgetary purposes only. Official salary adjustment recommendations will be presented by the
Office Manager following the publication of the COLA and inflation rate multiplier from the
State, at which point any necessary budget amendments (positive or negative) can be
authorized by the board.
3. GovOS / SeamlessDocs Contract. The Authority entered into a contract with Kofile, makers of
the GovOS / SeamlessDocs platform for the remainder of 2021 and through 2022. Staff are
currently exploring alternate options as the platform has not met expectations. The contract
cost for 2022 is currently budgeted for, but may be removed or reduced based on future
negotiations with Kofile regarding early termination of contract. The current frontrunner for a
replacement to SeamlessDocs is also budgeted for with the intention that it will replace
SeamlessDocs in the near future.
Executive Summary
The 2022 requested budget represents a net decrease in revenues from the 2021 amended budget, and
a net increase in appropriations from the 2021 amended budget. The requested budget results in a
surplus of approximately $25,000. The beginning fund balance for 2022 is projected to be $771,462.
The ending fund balance is projected to be $796,458. The fund balance meets expenses for permits
which have not been completed by the close of the fiscal year and may also be used for investments,
capital improvements, etc.
Respectfully submitted,
Kyle Gibson
Office Manager
Southwest Michigan Building Authority
SMBA - FY 2022 Requested Budget Table of Contents Page 3 of 14
Table of Contents
Office Manager’s Letter ................................................................................................................................ 2
Table of Contents .......................................................................................................................................... 3
Authority Board of Directors ......................................................................................................................... 4
Organizational Chart ..................................................................................................................................... 4
Fund Information .......................................................................................................................................... 5
569 – Building Authority Fund (Enterprise Fund) ..................................................................................... 5
Activity (Department) Information ............................................................................................................... 5
000 – A&L, Balance Sheet Accounts ......................................................................................................... 5
272 – Revenue Accounts ........................................................................................................................... 5
273 – Building Authority Activity (Department) ....................................................................................... 5
Estimated Revenues ...................................................................................................................................... 6
Department 000 – Asset & Liability, Balance Sheet Accounts .................................................................. 6
Department 272 – Revenue Accounts ...................................................................................................... 6
Total Estimated Revenues......................................................................................................................... 7
Estimated Appropriations ............................................................................................................................. 8
Department 273 – Building Authority Expense Activity ........................................................................... 8
Total Estimated Appropriations .............................................................................................................. 11
Net of Estimated Revenues & Estimated Appropriations ........................................................................... 12
Summary of Fund Balance .......................................................................................................................... 12
Fund Balance Sheet (As of 9/15/2021) ....................................................................................................... 13
5-Year Capital Improvement Plan ............................................................................................................... 14
SMBA - FY 2022 Requested Budget Table of Contents Page 4 of 14
Authority Board of Directors
Name Position Representing
Dusty Farmer Chairperson Oshtemo Township
Carol DeHaan Treasurer Cooper Township
Cheri Bell Member Oshtemo Township
Jeff Sorensen Member Cooper Township
Larry Stehouwer Citizen Member At Large Resident of Cooper Township
Organizational Chart
Participating
Local Units
Board of
Directors
Building
Official
Contracted
Inspectors
Office
Manager
Administrative
Assistant
SMBA - FY 2022 Requested Budget Table of Contents Page 5 of 14
Fund Information
569 – Building Authority Fund (Enterprise Fund)
“The Building Authority Fund is used in counties, cities, and urban townships to account for the
operation of public facilities by a building authority board established under the authority of 1948 PA 31,
MCL 123.951 to MCL 123.965. The Michigan Department of Treasury requires this fund in those units
that establish a building authority to operate public facilities. If a building authority is established to
issue debt and construct facilities, without continuing operation, the appropriate Debt Service and
Capital Project Funds must be established rather than this fund. The cash and investments of the
Building Authority Fund are subject to the requirements of 1943 PA 20, MCL 129.91, and may be
included in a pooled cash and investment account.”
The Authority only uses this single fund due to the small size of the entity.
(Text Source: Michigan Department of Treasury Uniform Chart of Accounts for Local Units of
Government, Version 202011)
Activity (Department) Information
000 – A&L, Balance Sheet Accounts
For funds that do not need detailed activity information, the activity number can be replaced with three
zeros. The Authority has elected to use this activity number for Asset & Liability / Balance sheet
accounts that are not associated with expense activity or revenue per the Uniform Chart of Accounts.
272 – Revenue Accounts
This activity number is listed in the Uniform Chart of Accounts as “Open”, meaning that it can be used by
the local unit of government as that unit sees fit within the overall category of the activity code. The
Authority has elected to utilize this activity number to differentiate between revenue and expense
activity.
273 – Building Authority Activity (Department)
“This Activity Number is found in the General Fund of local units of government and/or in the records
maintained by a statutory building authority. Its use is mandatory for each building authority and by
each unit making payments to such an authority. It reflects rental or lease payments made by a local
unit to the authority. At the authority, it reflects administrative and operating expenditures, debt
payments, and other applicable expenditures. It may also reflect revenue, such as rental or lease
income, interest earned, etc.”
(Text Source: Michigan Department of Treasury Uniform Chart of Accounts for Local Units of
Government, Version 202011)
SMBA - FY 2022 Requested Budget Table of Contents Page 6 of 14
Estimated Revenues
Department 000 – Asset & Liability, Balance Sheet Accounts
GL Number Description
2020
Amended
Budget
2021 Activity
Through
9/15/21
2021
Amended
Budget
2022
Requested
Budget
2022
Requested
Amt Change
2022
Requested %
Change
569-000-99999 Carryover 0 0 0 0 0 0.00
Totals for Department 000 0 0 0 0 0 0.00
Department 272 – Revenue Accounts
GL Number Description
2020
Amended
Budget
2021 Activity
Through
9/15/21
2021
Amended
Budget
2022
Requested
Budget
2022
Requested
Amt Change
2022
Requested %
Change
569-272-49100 Building Permits 325,000 190,079 200,000 200,000 0 0.00
569-272-49200 Electrical Permits 100,000 35,644 50,000 50,000 0 0.00
569-272-49300 Mechanical Permits 85,000 37,933 50,000 50,000 0 0.00
569-272-49400 Plumbing Permits 60,000 17,988 25,000 25,000 0 0.00
569-272-60701 FOIA Fees 0 143 200 250 50 25.00
Subscription FOIA Revenue 200
569-272-62600 Building Services to Others 0 0 0 0 0 0.00
569-272-62701 Building Inspections 0 59,080 95,000 85,000 (10,000) (10.53)
569-272-62702 Electrical Inspections 0 28,995 40,000 40,000 0 0.00
569-272-62703 Mechanical Inspections 0 30,740 45,000 45,000 0 0.00
569-272-62704 Plumbing Inspections 0 23,995 32,000 35,000 3,000 9.38
569-272-63000 Plan Review 45,000 50,859 60,000 70,000 10,000 16.67
569-272-66300 Bond Forfeitures and Bond Costs 1,000 0 0 0 0 0.00
569-272-66500 Interest on Investments 1,000 620 2,000 1,100 (900) (45.00)
Mercantile Checking 720
Advia CD 350
GL # FOOTNOTE TOTAL: 1,070
569-272-67300 Gain/Loss on Sale of Assets 0 0 0 0 0 0.00
569-272-67500 Miscellaneous 2,200 3,029 3,100 500 (2,600) (83.87)
Totals for Department 272 619,200 479,105 602,300 601,850 (450) (0.07)
SMBA - FY 2022 Requested Budget Table of Contents Page 7 of 14
Total Estimated Revenues
2020
Amended
Budget
2021 Activity
Through
9/15/21
2021
Amended
Budget
2022
Requested
Budget
2022
Requested
Amt Change
2022
Requested %
Change
Totals Estimated Revenues 619,200 479,105 602,300 601,850 (450) (0.07)
SMBA - FY 2022 Requested Budget Table of Contents Page 8 of 14
Estimated Appropriations
Department 273 – Building Authority Expense Activity
GL Number Description
2020
Amended
Budget
2021 Activity
Through
9/15/21
2021
Amended
Budget
2022
Requested
Budget
2022
Requested
Amt Change
2022
Requested %
Change
569-273-70200 Salaries 145,000 111,420 162,508 176,000 13,492 8.30
Building Official (Salaried) 80,266
Office Manager (Hourly, 37 FT, Budget 40 Hrs) 52,303
Administrative Assistant (Hourly, 37 FT, Budget 40 Hrs) 42,918
Hourly Employee Overtime (Sum of 5 hours @ OT rate /
employee) 350
GL # FOOTNOTE TOTAL: 175,837
569-273-70203 Building Board of Appeals 0 0 0 0 0 0.00
569-273-70204 Board Member At Large Stipend 450 180 390 360 (30) (7.69)
$30 * 12 360
569-273-71002 Health Insurance 42,000 35,752 43,000 45,000 2,000 4.65
Blue Cross Blue Shield (Est. 4% Increase = $3,722.85 / month) 45,000
569-273-71003 Disability / Life Insurance 1,650 1,558 1,885 2,160 275 14.59
$180 * 12 2,160
569-273-71004 Work Comp Insurance 2,500 2,140 2,500 2,500 0 0.00
Workers Compensation 2,500
569-273-71005 Payroll Taxes - FICA 11,600 8,420 12,432 13,464 1,032 8.30
SocSec (6.2%) + Medicare (1.45%) = 7.65% of Salaries 13,464
569-273-71006 HSA 4,500 7,072 7,300 7,270 (30) (0.41)
$3500 Employer HSA Contribution per Employee 7,000
Basic Account Fees 270
GL # FOOTNOTE TOTAL: 7,270
569-273-71009 Pension Plan 13,000 10,476 15,200 14,080 (1,120) (7.37)
4% Employer Contribution + up to 4% Employer Match = 8% of
Salaries 14,080
569-273-71101 In Lieu of Insurance 810 1,761 3,390 5,300 1,910 56.34
Office Manager 5,300
569-273-71102 Clothing Allowance 500 0 1,500 1,500 0 0.00
SMBA - FY 2022 Requested Budget Table of Contents Page 9 of 14
GL Number Description
2020
Amended
Budget
2021 Activity
Through
9/15/21
2021
Amended
Budget
2022
Requested
Budget
2022
Requested
Amt Change
2022
Requested %
Change
$500 Per Employee 1,500
569-273-71103 Education / Membership Dues 4,000 3,059 4,000 3,500 (500) (12.50)
Metro Building Inspectors Association Membership 130
Code Officials Conference of Michigan (COCM) Membership,
Spring + Fall Conference 515
Home Builders Association of SW MI (HBA) Dues 615
Treasurer's Bond 150
MADCAD Code Library Access through LMCICC 700
SHRM Annual Membership - Kyle Gibson 219
GL # FOOTNOTE TOTAL: 2,329
569-273-72700 Supplies 3,500 2,847 4,500 4,500 0 0.00
569-273-72800 Postage / Shipping 600 2,483 2,500 2,750 250 10.00
Postage for Expired Permit Notices, Checks, General
Correspondence 2,000
Shipping for Plan Reviews 750
GL # FOOTNOTE TOTAL: 2,750
569-273-72900 General Insurance 6,400 8,614 9,000 9,100 100 1.11
General Liability 950
Umbrella 1,300
Linebacker 3,000
CyberSolutions 1,000
Inland Marine 400
Business Auto 2,300
Govt. Crime / Fidelity ISO Package 130
GL # FOOTNOTE TOTAL: 9,080
569-273-80100 Building Inspector 10,000 6,600 10,000 10,000 0 0.00
Back-up for Building Official ($50 * 25 PTO days * 8 inspections
/ day). 10,000
569-273-80200 Electrical Inspector 38,500 32,050 40,000 40,000 0 0.00
569-273-80300 Mechanical Inspector 34,200 30,750 45,000 45,000 0 0.00
569-273-80400 Plumbing Inspector 41,000 23,550 32,000 35,000 3,000 9.38
569-273-80500 Plan Review 40,000 47,289 55,000 70,000 15,000 27.27
SMBA - FY 2022 Requested Budget Table of Contents Page 10 of 14
GL Number Description
2020
Amended
Budget
2021 Activity
Through
9/15/21
2021
Amended
Budget
2022
Requested
Budget
2022
Requested
Amt Change
2022
Requested %
Change
569-273-80600 Consultants 0 0 0 0 0 0.00
569-273-80700 Accounting / Audit Fees 13,000 8,143 13,000 10,500 (2,500) (19.23)
Siegfried Crandall Audit 2,500
SeberTans Audit 3,000
Siegfried Crandall Accounting Support 5,000
GL # FOOTNOTE TOTAL: 10,500
569-273-80800 Legal Fees 10,000 3,450 5,000 5,000 0 0.00
569-273-80900 IT / Infrastructure 22,600 16,932 22,500 22,500 0 0.00
Aunalytics ($1,761 / month) 21,200
Hotspot ($70 / month) 840
Web Hosting (Annual) 300
Elementor Pro Website Plugin (Annual) 50
GL # FOOTNOTE TOTAL: 22,390
569-273-80901 IT / Software 0 6,439 15,771 14,000 (1,771) (11.23)
BS&A Software (AP, CR, GL, PR, BD) (Estimate) 5,356
GovOS Studio (Formerly SeamlessDocs) 6,465
Adobe Acrobat Pro (2 * 203.88 / license) 408
HelloSign (Annual) 180
Cognito Forms (Pre-pay 1 yr for discounted rate) 1,334
GL # FOOTNOTE TOTAL: 13,743
569-273-80902 IT / Support 0 540 600 500 (100) (16.67)
569-273-85000 Telephone 5,700 4,816 6,300 4,260 (2,040) (32.38)
Cell Phone Reimbursement (Building Official, Office Manager,
Administrative Assistant (50*3*12)) 1,800
Telnet (Approximately $205 / Month) 2,460
GL # FOOTNOTE TOTAL: 4,260
569-273-86000 Vehicle Gas / Maintenance 5,500 1,950 3,000 3,000 0 0.00
Car Wash Subscription ($29.99 / Month) 360
Gas (Approx. $155 / Month) 1,860
GL # FOOTNOTE TOTAL: 2,220
569-273-86100 Mileage 1,500 112 500 500 0 0.00
SMBA - FY 2022 Requested Budget Table of Contents Page 11 of 14
GL Number Description
2020
Amended
Budget
2021 Activity
Through
9/15/21
2021
Amended
Budget
2022
Requested
Budget
2022
Requested
Amt Change
2022
Requested %
Change
569-273-94000 Facility Rent 20,250 21,000 21,000 22,000 1,000 4.76
$5,500 / Quarter 22,000
569-273-95500 Miscellaneous 500 13 13 0 (13) (100.00)
569-273-95600 Equipment / Maintenance 1,450 1,383 2,000 2,000 0 0.00
Ricoh Contract (˜$135/month) 1,620
569-273-96401 Refund of Overpayment 25 0 0 0 0 0.00
569-273-96500 Bank Service Charges 500 421 660 660 0 0.00
Approx. $55 / month 660
569-273-96800 Depreciation Expense 0 0 0 0 0 0.00
569-273-97100 Capital Outlay 3,560 17,785 22,000 4,450 (17,550) (79.77)
Estimated Cost to Update Code Library to 2021 Edition 4,000
Air Purifiers (3 @ Approx. $150) 450
GL # FOOTNOTE TOTAL: 4,450
569-273-97200 Capital Outlay - Vehicle 32,421 0 0 0 0 0.00
569-273-99300 Interest/Penalty IRS/State Withholdings 60 0 0 0 0 0.00
569-273-99900 Contingency 1,275 0 0 0 0 0.00
Totals for Department 273 518,551 419,005 564,449 576,854 12,405 2.20
Total Estimated Appropriations
2020
Amended
Budget
2021 Activity
Through
9/15/21
2021
Amended
Budget
2022
Requested
Budget
2022
Requested
Amt Change
2022
Requested %
Change
Total Estimated Appropriations 518,551 419,005 564,449 576,854 12,405 2.20
SMBA - FY 2022 Requested Budget Table of Contents Page 12 of 14
Net of Estimated Revenues & Estimated Appropriations
2020
Amended
Budget
2021 Activity
Through
9/15/21
2021
Amended
Budget
2022
Requested
Budget
2022
Requested
Amt Change
2022
Requested %
Change
Totals Estimated Revenues 619,200 479,105 602,300 601,850 (450) (0.07)
Total Estimated Appropriations 518,551 419,005 564,449 576,854 12,405 2.20
Net of Revenues / Appropriations 100,649 60,100 37,851 24,996 (12,855) (33.96)
Summary of Fund Balance
2020
Amended
Budget
2021 Activity
Through
9/15/21
2021
Amended
Budget
2022
Requested
Budget
2022
Requested
Amt Change
2022
Requested %
Change
Beginning Fund Balance 540,604 711,362 711,362 771,462 60,100 8.45
Ending Fund Balance 641,253 771,462 749,213 796,458 47,245 6.31
SMBA - FY 2022 Requested Budget Table of Contents Page 13 of 14
Fund Balance Sheet (As of 9/15/2021)
GL Number Description Balance
Assets
569-000-00100 Cash - Checking 603,697.46
569-000-00200 Cash - Savings 5.00
569-000-00300 Cash - Certificates of Deposit 152,940.40
569-000-00400 Cash - Imprest / Petty 250.00
569-000-01800 Building Receivable 0.00
569-000-12300 Prepaids 0.00
569-000-14700 Accumulated Depreciation (26,087.89)
569-000-14799 Capital Assets Equipment 60,360.85
Total Assets 791,165.82
Liabilities
569-000-20200 Accounts Payable 5,482.00
569-000-22800 Due to State of Michigan 1,324.67
569-000-22900 Due to Federal Government 0.00
569-000-23700 Due to Pension Plan 0.00
569-000-23800 Due to HSA 0.00
569-000-25700 Accrued Payroll 1,897.77
569-000-26500 Performance Bonds 11,000.00
Total Liabilities 19,704.44
Fund Balance
569-000-39000 Fund Balance 711,362.18
Beginning Fund Balance 711,362.18
Net of Revenues VS Expenditures 60,099.20
Ending Fund Balance 771,461.38
Total Liabilities and Fund Balance 791,165.82
SMBA - FY 2022 Requested Budget Table of Contents Page 14 of 14
5-Year Capital Improvement Plan
Item Description Funding GL FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
Vehicle Replacement 569-273-97200 40,000 40,000
Replace Computers 569-273-97100 5,000 5,000
Update Code Library to 2021 Edition 569-273-97100 4,000 4,000
Air Purifiers 569-273-79100 450 450
Totals 4,450 0 0 45,000 0 49,450
DEPARTMENT OF THE TREASURY
31 CFR Part 35
RIN 1505-AC77
Coronavirus State and Local Fiscal Recovery Funds
AGENCY: Department of the Treasury
ACTION: Interim 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.
DATES: Effective date: The provisions in this Interim Final Rule are effective [____], 2021.
Comment date: Comments must be received on or before [____], 2021.
ADDRESSES: Please submit comments electronically through the Federal eRulemaking Portal:
http://www.regulations.gov [(if hard copy, preferably an original and two copies to the [Office of
the Undersecretary for Domestic Finance], Attention: [Name], Room [####] MT, Department of
the Treasury, 1500 Pennsylvania Avenue, NW, Washington, DC 20220. Because postal mail
may be subject to processing delay, it is recommended that comments be submitted
electronically.] All comments should be captions with “Coronavirus State and Local Fiscal
Recovery Funds Interim Final Rule Comments.” Please include your name, organization
affiliation, address, email address and telephone number in your comment. Where appropriate, a
comment should include a short executive summary (no more than [#] single-spaced pages).]
In general, comments received will be posted on http://www.regulations.gov without change,
including any business or personal information provided. Comments received, including
attachments and other supporting materials, will be part of the public record and subject to public
1
disclosure. Do not enclose any information in your comment or supporting materials that you
consider confidential or inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT:
[Name], [Title], [Office], 202-622-[####], or [Name], [Title], [Office], 202-622-[####].
SUPPLEMENTARY INFORMATION:
I. Background Information
A. Overview
Since the first case of coronavirus disease 2019 (COVID-19) was discovered in the
United States in January 2020, the disease has infected over 32 million and killed over 575,000
Americans.1 The disease has impacted every part of life: as social distancing became a
necessity, businesses closed, schools transitioned to remote education, travel was sharply
reduced, and millions of Americans lost their jobs. In April 2020, the national unemployment
rate reached its highest level in over seventy years following the most severe month-over-month
decline in employment on record. 2 As of April 2021, there were still 8.2 million fewer jobs than
before the pandemic.3 During this time, a significant share of households have faced food and
housing insecurity.4 Economic disruptions impaired the flow of credit to households, State and
1 Centers for Disease Control and Prevention, COVID Data Tracker, http://www.covid.cdc.gov/covid-
data-tracker/#datatracker-home (last visited May 8, 2021).
2 U.S. Bureau of Labor Statistics, Unemployment Rate [UNRATE], retrieved from FRED, Federal
Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/UNRATE, May 3, 2021. U.S. Bureau of
Labor Statistics, Employment Level [LNU02000000], retrieved from FRED, Federal Reserve Bank of St.
Louis; https://fred.stlouisfed.org/series/LNU02000000, May 3, 2021.
3 U.S. Bureau of Labor Statistics, All Employees, Total Nonfarm [PAYEMS], retrieved from FRED,
Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/PAYEMS, May 7, 2021.
4 Nirmita Panchal et al., The Implications of COVID-19 for Mental Health and Substance Abuse (Feb. 10,
2021), https://www.kff.org/coronavirus-covid-19/issue-brief/the-implications-of-covid-19-for-mental-
2
local governments, and businesses of all sizes.5 As businesses weathered closures and sharp
declines in revenue, many were forced to shut down, especially small businesses.6
Amid this once-in-a-century crisis, State, territorial, Tribal, and local governments (State,
local, and Tribal governments) have been called on to respond at an immense scale.
Governments have faced myriad needs to prevent and address the spread of COVID-19,
including testing, contact tracing, isolation and quarantine, public communications, issuance and
enforcement of health orders, expansions to health system capacity like alternative care facilities,
and in recent months, a massive nationwide mobilization around vaccinations. Governments
also have supported major efforts to prevent COVID-19 spread through safety measures in
settings like nursing homes, schools, congregate living settings, dense worksites, incarceration
settings, and public facilities. The pandemic’s impacts on behavioral health, including the toll of
pandemic-related stress, have increased the need for behavioral health resources.
At the same time, State, local and Tribal governments launched major efforts to address
the economic impacts of the pandemic. These efforts have been tailored to the needs of their
communities and have included expanded assistance to unemployed workers; food assistance;
health-and-substance-
use/#:~:text=Older%20adults%20are%20also%20more,prior%20to%20the%20current%20crisis; U.S.
Census Bureau, Household Pulse Survey: Measuring Social and Economic Impacts during the
Coronavirus Pandemic, https://www.census.gov/programs-surveys/household-pulse-survey.html (last
visited Apr. 26, 2021); Rebecca T. Leeb et al., Mental Health-Related Emergency Department Visits
Among Children Aged <18 Years During the COVID Pandemic – United States, January 1 – October 17,
2020, Morb. Mortal. Wkly. Rep. 69(45):1675-80 (Nov. 13, 2020),
https://www.cdc.gov/mmwr/volumes/69/wr/mm6945a3.htm.
5 Board of Governors of the Federal Reserve System, Monetary Policy Report (June 12, 2020),
https://www.federalreserve.gov/monetarypolicy/2020-06-mpr-summary.htm.
6 Joseph R. Biden, Remarks by President Biden on Helping Small Businesses (Feb. 22, 2021),
https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/02/22/remarks-by-president-biden-
on-helping-small-businesses/.
3
rent, mortgage, and utility support; cash assistance; internet access programs; expanded services
to support individuals experiencing homelessness; support for individuals with disabilities and
older adults; and assistance to small businesses facing closures or revenue loss or implementing
new safety measures.
In responding to the public health emergency and its negative economic impacts, State,
local, and Tribal governments have seen substantial increases in costs to provide these services,
often amid substantial declines in revenue due to the economic downturn and changing economic
patterns during the pandemic.7 Facing these budget challenges, many State, local, and Tribal
governments have been forced to make cuts to services or their workforces, or delay critical
investments. From February to May of 2020, State, local, and Tribal governments reduced their
workforces by more than 1.5 million jobs and, in April of 2021, State, local, and Tribal
government employment remained nearly1.3 million jobs below pre-pandemic levels.8 These
cuts to State, local, and Tribal government workforces come at a time when demand for
government services is high, with State, local, and Tribal governments on the frontlines of
fighting the pandemic. Furthermore, State, local, and Tribal government austerity measures can
hamper overall economic growth, as occurred in the recovery from the Great Recession.9
7 Michael Leachman, House Budget Bill Provides Needed Fiscal Aid for States, Localities, Tribal
Nations, and Territories (Feb. 10, 2021), https://www.cbpp.org/research/state-budget-and-tax/house-
budget-bill-provides-needed-fiscal-aid-for-states-localities.
8 U.S. Bureau of Labor Statistics, All Employees, State Government [CES9092000001] and All
Employees, Local Government [CES9093000001], retrieved from FRED, Federal Reserve Bank of St.
Louis, https://fred.stlouisfed.org/series/CES9092000001 and
https://fred.stlouisfed.org/series/CES9093000001 (last visited May 8, 2021).
9 Tracy Gordon, State and Local Budgets and the Great Recession, Brookings Institution (Dec. 31, 2012),
http://www.brookings.edu/articles/state-and-local-budgets-and-the-great-recession.
4
Finally, although the pandemic’s impacts have been widespread, both the public health
and economic impacts of the pandemic have fallen most severely on communities and
populations disadvantaged before it began. Low-income communities, people of color, and
Tribal communities have faced higher rates of infection, hospitalization, and death,10 as well as
higher rates of unemployment and lack of basic necessities like food and housing.11 Pre-existing
social vulnerabilities magnified the pandemic in these communities, where a reduced ability to
work from home and, frequently, denser housing amplified the risk of infection. Higher rates of
pre-existing health conditions also may have contributed to more severe COVID-19 health
outcomes.12 Similarly, communities or households facing economic insecurity before the
pandemic were less able to weather business closures, job losses, or declines in earnings and
were less able to participate in remote work or education due to the inequities in access to
reliable and affordable broadband infrastructure.13 Finally, though schools in all areas faced
challenges, those in high poverty areas had fewer resources to adapt to remote and hybrid
10 Sebastian D. Romano et al., Trends in Racial and Ethnic Disparities in COVID-19 Hospitalizations, by
Region – United States, March-December 2020, MMWR Morb Mortal Wkly Rep 2021, 70:560-565 (Apr.
16, 2021), https://www.cdc.gov/mmwr/volumes/70/wr/mm7015e2.htm?s_cid=mm7015e2_w.
11 Center on Budget and Policy Priorities, Tracking the COVID-19 Recession’s Effects on Food, Housing,
and Employment Hardships, https://www.cbpp.org/research/poverty-and-inequality/tracking-the-covid-
19-recessions-effects-on-housing-and (last visited May 4, 2021).
12 Lisa R. Fortuna et al., Inequity and the Disproportionate Impact of COVID-19 on Communities of
Color in the United States: The Need for Trauma-Informed Social Justice Response, Psychological
Trauma Vol. 12(5):443-45 (2020), available at https://psycnet.apa.org/fulltext/2020-37320-001.pdf.
13 Emily Vogles et al., 53% of Americans Say the Internet Has Been Essential During the COVID-19
Outbreak (Apr. 30, 2020), https://www.pewresearch.org/internet/2020/04/30/53-of-americans-say-the-
internet-has-been-essential-during-the-covid-19-outbreak/.
5
learning models.14 Unfortunately, the pandemic also has reversed many gains made by
communities of color in the prior economic expansion.15
B. The Statute and Interim Final Rule
On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the
President.16 Section 9901 of ARPA amended Title VI of the Social Security Act 17 (the Act) to
add section 602, which establishes the Coronavirus State Fiscal Recovery Fund, and section 603,
which establishes the Coronavirus Local Fiscal Recovery Fund (together, the Fiscal Recovery
Funds).18 The Fiscal Recovery Funds are intended to provide support to State, local, and Tribal
governments (together, recipients) in responding to the impact of COVID-19 and in their efforts
to contain COVID-19 on their communities, residents, and businesses. The Fiscal Recovery
Funds build on and expand the support provided to these governments over the last year,
including through the Coronavirus Relief Fund (CRF).19
14 Emma Dorn et al., COVID-19 and student learning in the United States: The hurt could last a lifetime
(June 2020), https://webtest.childrensinstitute.net/sites/default/files/documents/COVID-19-and-student-
learning-in-the-United-States_FINAL.pdf; Andrew Bacher-Hicks et al., Inequality in Household
Adaptation to Schooling Shocks: Covid-Induced Online Engagement in Real Time, J. of Public Econ.
Vol. 193(C) (July 2020), available at https://www.nber.org/papers/w27555.
15 See, e.g., Tyler Atkinson & Alex Richter, Pandemic Disproportionately Affects Women, Minority
Labor Force Participation, https://www.dallasfed.org/research/economics/2020/1110 (last visited May 9,
2021); Jared Bernstein & Janelle Jones, The Impact of the COVID19 Recession on the Jobs and Incomes
of Persons of Color, https://www.cbpp.org/sites/default/files/atoms/files/6-2-20bud_0.pdf (last visited
May 9, 2021).
16 American Rescue Plan Act of 2021 (ARPA) § 9901, Pub. L. No. 117-2, codified at 42 U.S.C. § 802 et
seq.
17 42 U.S.C. 801 et seq.
18 §§ 602, 603 of the Act.
19 The CRF was established by the section 601 of the Act as added by the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act), Pub. L. No. 116-136, 134 Stat. 281 (2020).
6
Through the Fiscal Recovery Funds, Congress provided State, local, and Tribal governments
with significant resources to respond to the COVID-19 public health emergency and its
economic impacts through four categories of eligible uses. Section 602 and section 603 contain
the same eligible uses; the primary difference between the two sections is that section 602
establishes a fund for States, territories, and Tribal governments and section 603 establishes a
fund for metropolitan cities, nonentitlement units of local government, and counties.
Sections 602(c)(1) and 603(c)(1) provide that funds may be used:
a) To respond to the public health emergency or its negative economic impacts, including
assistance to households, small businesses, and nonprofits, or aid to impacted industries
such as tourism, travel, and hospitality;
b) To respond to workers performing essential work during the COVID-19 public health
emergency by providing premium pay to eligible workers;
c) For the provision of government services to the extent of the reduction in revenue due to
the COVID–19 public health emergency relative to revenues collected in the most recent
full fiscal year prior to the emergency; and
d) To make necessary investments in water, sewer, or broadband infrastructure.
In addition, Congress clarified two types of uses which do not fall within these four
categories. Sections 602(c)(2)(B) and 603(c)(2) provide that these eligible uses do not include,
and thus funds may not be used for, depositing funds into any pension fund. Section
602(c)(2)(A) also provides, for States and territories, that the eligible uses do not include:
“directly or indirectly offset[ting] a reduction in the net tax revenue of [the] State
or territory resulting from a change in law, regulation, or administrative
interpretation.”
7
The ARPA provides a substantial infusion of resources to meet pandemic response needs
and rebuild a stronger, more equitable economy as the country recovers. First, payments from
the Fiscal Recovery Funds help to ensure that State, local, and Tribal governments have the
resources needed to continue to take actions to decrease the spread of COVID-19 and bring the
pandemic under control. Payments from the Fiscal Recovery Funds may also be used by
recipients to provide support for costs incurred in addressing public health and economic
challenges resulting from the pandemic, including resources to offer premium pay to essential
workers, in recognition of their sacrifices over the last year. Recipients may also use payments
from the Fiscal Recovery Funds to replace State, local, and Tribal government revenue lost due
to COVID-19, helping to ensure that governments can continue to provide needed services and
avoid cuts or layoffs. Finally, these resources lay the foundation for a strong, equitable
economic recovery, not only by providing immediate economic stabilization for households and
businesses, but also by addressing the systemic public health and economic challenges that may
have contributed to more severe impacts of the pandemic among low-income communities and
people of color.
Within the eligible use categories outlined in the Fiscal Recovery Funds provisions of
ARPA, State, local, and Tribal governments have flexibility to determine how best to use
payments from the Fiscal Recovery Funds to meet the needs of their communities and
populations. The Interim Final Rule facilitates swift and effective implementation by
establishing a framework for determining the types of programs and services that are eligible
under the ARPA along with examples of uses that State, local, and Tribal governments may
consider. These uses build on eligible expenditures under the CRF, including some expansions
in eligible uses to respond to the public health emergency, such as vaccination campaigns. They
8
also reflect changes in the needs of communities, as evidenced by, for example, nationwide data
demonstrating disproportionate impacts of the COVID-19 public health emergency on certain
populations, geographies, and economic sectors. The Interim Final Rule takes into consideration
these disproportionate impacts by recognizing a broad range of eligible uses to help States, local,
and Tribal governments support the families, businesses, and communities hardest hit by the
COVID-19 public health emergency.
Implementation of the Fiscal Recovery Funds also reflect the importance of public input,
transparency, and accountability. Treasury seeks comment on all aspects of the Interim Final
Rule and, to better facilitate public comment, has included specific questions throughout this
Supplementary Information. Treasury encourages State, local, and Tribal governments in
particular to provide feedback and to engage with Treasury regarding issues that may arise
regarding all aspects of this Interim Final Rule and Treasury’s work in administering the Fiscal
Recovery Funds. In addition, the Interim Final Rule establishes certain regular reporting
requirements, including by requiring State, local, and Tribal governments to publish information
regarding uses of Fiscal Recovery Funds payments in their local jurisdiction. These reporting
requirements reflect the need for transparency and accountability, while recognizing and
minimizing the burden, particularly for smaller local governments. Treasury urges State,
territorial, Tribal, and local governments to engage their constituents and communities in
developing plans to use these payments, given the scale of funding and its potential to catalyze
broader economic recovery and rebuilding.
9
II. Eligible Uses
A. Public Health and Economic Impacts
Sections 602(c)(1)(A) and 603(c)(1)(A) provide significant resources for State, territorial,
Tribal governments, and counties, metropolitan cities, and nonentitlement units of local
governments (each referred to as a recipient) to meet the wide range of public health and
economic impacts of the COVID-19 public health emergency.
These provisions authorize the use of payments from the Fiscal Recovery Funds to
respond to the public health emergency with respect to COVID-19 or its negative economic
impacts. Section 602 and section 603 also describe several types of uses that would be
responsive to the impacts of the COVID-19 public health emergency, including assistance to
households, small businesses, and nonprofits and aid to impacted industries, such as tourism,
travel, and hospitality.20
Accordingly, to assess whether a program or service is included in this category of
eligible uses, a recipient should consider whether and how the use would respond to the
COVID- 19 public health emergency. Assessing whether a program or service “responds to” the
COVID-19 public health emergency requires the recipient to, first, identify a need or negative
impact of the COVID-19 public health emergency and, second, identify how the program,
service, or other intervention addresses the identified need or impact. While the COVID-19
public health emergency affected many aspects of American life, eligible uses under this
category must be in response to the disease itself or the harmful consequences of the economic
disruptions resulting from or exacerbated by the COVID-19 public health emergency.
20 §§602(c)(1)(A), 603(c)(1)(A) of the Act.
10
The Interim Final Rule implements these provisions by identifying a non-exclusive list of
programs or services that may be funded as responding to COVID-19 or the negative economic
impacts of the COVID-19 public health emergency, along with considerations for evaluating
other potential uses of the Fiscal Recovery Funds not explicitly listed. The Interim Final Rule
also provides flexibility for recipients to use payments from the Fiscal Recovery Funds for
programs or services that are not identified on these non-exclusive lists but that fall under the
terms of section 602(c)(1)(A) or 603(c)(1)(A) by responding to the COVID-19 public health
emergency or its negative economic impacts. As an example, in determining whether a program
or service responds to the negative economic impacts of the COVID-19 public health emergency,
the Interim Final Rule provides that payments from the Fiscal Recovery Funds should be
designed to address an economic harm resulting from or exacerbated by the public health
emergency. Recipients should assess the connection between the negative economic harm and
the COVID-19 public health emergency, the nature and extent of that harm, and how the use of
this funding would address such harm.
As discussed, the pandemic and the necessary actions taken to control the spread had a
severe impact on households and small businesses, including in particular low-income workers
and communities and people of color. While eligible uses under sections 602(c)(1)(A) and
603(c)(1)(A)provide flexibility to recipients to identify the most pressing local needs, Treasury
encourages recipients to provide assistance to those households, businesses, and non-profits in
communities most disproportionately impacted by the pandemic.
11
1. Responding to COVID-19
On January 21, 2020, the Centers for Disease Control and Prevention (CDC) identified
the first case of novel coronavirus in the United States.21 By late March, the virus had spread to
many States and the first wave was growing rapidly, centered in the northeast.22 This wave
brought acute strain on health care and public health systems: hospitals and emergency medical
services struggled to manage a major influx of patients; response personnel faced shortages of
personal protective equipment; testing for the virus was scarce; and congregate living facilities
like nursing homes and prisons saw rapid spread. State, local, and Tribal governments mobilized
to support the health care system, issue public health orders to mitigate virus spread, and
communicate safety measures to the public. The United States has since faced at least two
additional COVID-19 waves that brought many similar challenges: the second in the summer,
centered in the south and southwest, and a wave throughout the fall and winter, in which the
virus reached a point of uncontrolled spread across the country and over 3,000 people died per
day.23 By early May 2021, the United States has experienced over 32 million confirmed
COVID-19 cases and over 575,000 deaths.24
21 Press Release, Centers for Disease Control and Prevention, First Travel-related Case of 2019 Novel
Coronavirus Detected in United States (Jan. 21, 2020), https://www.cdc.gov/media/releases/2020/p0121-
novel-coronavirus-travel-case.html.
22 Anne Schuchat et al., Public Health Response to the Initiation and Spread of Pandemic COVID-19 in
the United States, February 24 – April 21, 2021, MMWR Morb Mortal Wkly Rep 2021, 69(18):551-56
(May 8, 2021), https://www.cdc.gov/mmwr/volumes/69/wr/mm6918e2.htm.
23 Centers for Disease Control and Prevention, COVID Data Tracker: Trends in Number of COVID-19
Cases and Deaths in the US Reported to CDC, by State/Territory, https://covid.cdc.gov/covid-data-
tracker/#trends_dailytrendscases (last visited May 8, 2021).
24 Id.
12
Mitigating the impact of COVID-19, including taking actions to control its spread and
support hospitals and health care workers caring for the sick, continues to require a major public
health response from State, local and Tribal governments. New or heightened public health
needs include COVID-19 testing, major expansions in contact tracing, support for individuals in
isolation or quarantine, enforcement of public health orders, new public communication efforts,
public health surveillance (e.g., monitoring case trends and genomic sequencing for variants),
enhancement to health care capacity through alternative care facilities, and enhancement of
public health data systems to meet new demands or scaling needs. State, local, and Tribal
governments have also supported major efforts to prevent COVID-19 spread through safety
measures at key settings like nursing homes, schools, congregate living settings, dense worksites,
incarceration settings, and in other public facilities. This has included implementing infection
prevention measures or making ventilation improvements in congregate settings, health care
settings, or other key locations.
Other response and adaptation costs include capital investments in public facilities to
meet pandemic operational needs, such as physical plant improvements to public hospitals and
health clinics or adaptations to public buildings to implement COVID-19 mitigation tactics. In
recent months, State, local, and Tribal governments across the country have mobilized to support
the national vaccination campaign, resulting in over 250 million doses administered to date.25
The need for public health measures to respond to COVID-19 will continue in the months
and potentially years to come. This includes the continuation of the vaccination campaign for
the general public and, if vaccinations are approved for children in the future, eventually for
25 Centers for Disease Control and Prevention, COVID Data Tracker: COVID-19 Vaccinations in the
United States, https://covid.cdc.gov/covid-data-tracker/#vaccinations (last visited May 8, 2021).
13
youths. This also includes monitoring the spread of COVID-19 variants, understanding the
impact of these variants (especially on vaccination efforts), developing approaches to respond to
those variants, and monitoring global COVID-19 trends to understand continued risks to the
United States. Finally, the long-term health impacts of COVID-19 will continue to require a
public health response, including medical services for individuals with “long COVID,” and
research to understand how COVID-19 impacts future health needs and raises risks for the
millions of Americans who have been infected.
Other areas of public health have also been negatively impacted by the COVID-19
pandemic. For example, in one survey in January 2021, over 40 percent of American adults
reported symptoms of depression or anxiety, up from 11 percent in the first half of 2019.26, The
proportion of children’s emergency department visits related to mental health has also risen
noticeably.27 Similarly, rates of substance misuse and overdose deaths have spiked: preliminary
data from the CDC show a nearly 30 percent increase in drug overdose mortality from
September 2019 to September 2020.28 Stay-at-home orders and other pandemic responses may
have also reduced the ability of individuals affected by domestic violence to access services.29
26 Panchal, supra note 4; Mark É. Czeisler et al., Mental Health, Substance Abuse, and Suicidal Ideation
During COVID-19 Pandemic– United States, June 24-30 2020, Morb. Mortal. Wkly. Rep. 69(32):1049-
57 (Aug. 14, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6932a1.htm.
27 Leeb, supra note 4.
28 Centers for Disease Prevention and Control, National Center for Health Statistics, Provisional Drug
Overdose Death Counts, https://www.cdc.gov/nchs/nvss/vsrr/drug-overdose-data.htm (last visited May 8,
2021).
29 Megan L. Evans, et al., A Pandemic within a Pandemic – Intimate Partner Violence during Covid-19,
N. Engl. J. Med. 383:2302-04 (Dec. 10, 2020), available at
https://www.nejm.org/doi/full/10.1056/NEJMp2024046.
14
Finally, some preventative public health measures like childhood vaccinations have been
deferred and potentially forgone.30
While the pandemic affected communities across the country, it disproportionately
impacted some demographic groups and exacerbated health inequities along racial, ethnic, and
socioeconomic lines.31 The CDC has found that racial and ethnic minorities are at increased risk
for infection, hospitalization, and death from COVID-19, with Hispanic or Latino and Native
American or Alaska Native patients at highest risk.32
Similarly, low-income and socially vulnerable communities have seen the most severe
health impacts. For example, counties with high poverty rates also have the highest rates of
infections and deaths, with 223 deaths per 100,000 compared to the U.S. average of 175 deaths
per 100,000, as of May 2021.33 Counties with high social vulnerability, as measured by factors
such as poverty and educational attainment, have also fared more poorly than the national
30 Jeanne M. Santoli et al., Effects of the COVID-19 Pandemic on Routine Pediatric Vaccine Ordering
and Administration – United States, Morb. Mortal. Wkly. Rep. 69(19):591-93 (May 8, 2020),
https://www.cdc.gov/mmwr/volumes/69/wr/mm6919e2.htm; Marisa Langdon-Embry et al., Notes from
the Field: Rebound in Routine Childhood Vaccine Administration Following Decline During the COVID-
19 Pandemic – New York City, March 1-June 27, 2020, Morb. Mortal. Wkly. Rep. 69(30):999-1001 (Jul.
31 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6930a3.htm.
31 Office of the White House, National Strategy for the COVID-19 Response and Pandemic Preparedness
(Jan. 21, 2021), https://www.whitehouse.gov/wp-content/uploads/2021/01/National-Strategy-for-the-
COVID-19-Response-and-Pandemic-Preparedness.pdf.
32 In a study of 13 states from October to December 2020, the CDC found that Hispanic or Latino and
Native American or Alaska Native individuals were 1.7 times more likely to visit an emergency room for
COVID-19 than White individuals, and Black individuals were 1.4 times more likely to do so than White
individuals. See Romano, supra note 10.
33 Centers for Disease Control and Prevention, COVID Data Tracker: Trends in COVID-19 Cases and
Deaths in the United States, by County-level Population Factors, https://covid.cdc.gov/covid-data-
tracker/#pop-factors_totaldeaths (last visited May 8, 2021).
15
average, with 211 deaths per 100,000 as of May 2021.34 Over the last year, Native Americans
have experienced more than one and a half times the rate of COVID-19 infections, more than
triple the rate of hospitalizations, and more than double the death rate compared to White
Americans.35 Low-income and minority communities also exhibit higher rates of pre-existing
conditions that may contribute to an increased risk of COVID-19 mortality.36
In addition, individuals living in low-income communities may have had more limited
ability to socially distance or to self-isolate when ill, resulting in faster spread of the virus, and
were over-represented among essential workers, who faced greater risk of exposure.37 Social
distancing measures in response to the pandemic may have also exacerbated pre-existing public
health challenges. For example, for children living in homes with lead paint, spending
substantially more time at home raises the risk of developing elevated blood lead levels, while
34 The CDC’s Social Vulnerability Index includes fifteen variables measuring social vulnerability,
including unemployment, poverty, education levels, single-parent households, disability status, non-
English speaking households, crowded housing, and transportation access.
Centers for Disease Control and Prevention, COVID Data Tracker: Trends in COVID-19 Cases and
Deaths in the United States, by Social Vulnerability Index, https://covid.cdc.gov/covid-data-tracker/#pop-
factors_totaldeaths (last visited May 8, 2021).
35 Centers for Disease Control and Prevention, Risk for COVID-19 Infection, Hospitalization, and Death
By Race/Ethnicity, https://www.cdc.gov/coronavirus/2019-ncov/covid-data/investigations-
discovery/hospitalization-death-by-race-ethnicity.html (last visited Apr. 26, 2021).
36 See, e.g., Centers for Disease Control and Prevention, Risk of Severe Illness or Death from COVID-19
(Dec. 10, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/health-equity/racial-ethnic-
disparities/disparities-illness.html (last visited Apr. 26, 2021).
37 Milena Almagro et al., Racial Disparities in Frontline Workers and Housing Crowding During COVID-
19:Evidence from Geolocation Data (Sept. 22, 2020), NYU Stern School of Business (forthcoming),
available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3695249; Grace McCormack et al.,
Economic Vulnerability of Households with Essential Workers, JAMA 324(4):388-90 (2020), available
at https://jamanetwork.com/journals/jama/fullarticle/2767630.
16
screenings for elevated blood lead levels declined during the pandemic.38 The combination of
these underlying social and health vulnerabilities may have contributed to more severe public
health outcomes of the pandemic within these communities, resulting in an exacerbation of pre-
existing disparities in health outcomes.39
Eligible Public Health Uses. The Fiscal Recovery Funds provide resources to meet and
address these emergent public health needs, including through measures to counter the spread of
COVID-19, through the provision of care for those impacted by the virus, and through programs
or services that address disparities in public health that have been exacerbated by the pandemic.
To facilitate implementation and use of payments from the Fiscal Recovery Funds, the Interim
Final Rule identifies a non-exclusive list of eligible uses of funding to respond to the COVID-19
public health emergency. Eligible uses listed under this section build and expand upon
permissible expenditures under the CRF, while recognizing the differences between the ARPA
and CARES Act, and recognizing that the response to the COVID-19 public health emergency
has changed and will continue to change over time. To assess whether additional uses would be
eligible under this category, recipients should identify an effect of COVID-19 on public health,
including either or both of immediate effects or effects that may manifest over months or years,
and assess how the use would respond to or address the identified need.
38 See, e.g., Joseph G. Courtney et al., Decreases in Young Children Who Received Blood Lead Level
Testing During COVID-19 – 34 Jurisdictions, January-May 2020, Morb. Mort. Wkly. Rep. 70(5):155-61
(Feb. 5, 2021), https://www.cdc.gov/mmwr/volumes/70/wr/mm7005a2.htm; Emily A. Benfer & Lindsay
F. Wiley, Health Justice Strategies to Combat COVID-19: Protecting Vulnerable Communities During a
Pandemic, Health Affairs Blog (Mar. 19, 2020),
https://www.healthaffairs.org/do/10.1377/hblog20200319.757883/full/.
39 See, e.g., Centers for Disease Control and Prevention, supra note 34; Benfer & Wiley, supra note 38;
Nathaniel M. Lewis et al., Disparities in COVID-19 Incidence, Hospitalizations, and Testing, by Area-
Level Deprivation – Utah, March 3-July 9, 2020, Morb. Mortal. Wkly. Rep. 69(38):1369-73 (Sept. 25,
2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6938a4.htm.
17
The Interim Final Rule identifies a non-exclusive list of uses that address the effects of the
COVID-19 public health emergency, including:
• COVID-19 Mitigation and Prevention. A broad range of services and programming are
needed to contain COVID-19. Mitigation and prevention efforts for COVID-19 include
vaccination programs; medical care; testing; contact tracing; support for isolation or
quarantine; supports for vulnerable populations to access medical or public health
services; public health surveillance (e.g., monitoring case trends, genomic sequencing for
variants); enforcement of public health orders; public communication efforts;
enhancement to health care capacity, including through alternative care facilities;
purchases of personal protective equipment; support for prevention, mitigation, or other
services in congregate living facilities (e.g., nursing homes, incarceration settings,
homeless shelters, group living facilities) and other key settings like schools;40 ventilation
improvements in congregate settings, health care settings, or other key locations;
enhancement of public health data systems; and other public health responses.41 They
also include capital investments in public facilities to meet pandemic operational needs,
such as physical plant improvements to public hospitals and health clinics or adaptations
40 This includes implementing mitigation strategies consistent with the Centers for Disease Control and
Prevention’s (CDC) Operational Strategy for K-12 Schools through Phased Prevention, available at
https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/operation-strategy.html.
41 Many of these expenses were also eligible in the CRF. Generally, funding uses eligible under CRF as a
response to the direct public health impacts of COVID-19 will continue to be eligible under the ARPA,
including those not explicitly listed here (e.g., telemedicine costs, costs to facilitate compliance with
public health orders, disinfection of public areas, facilitating distance learning, increased solid waste
disposal needs related to PPE, paid sick and paid family and medical leave to public employees to enable
compliance with COVID–19 public health precautions), with the following two exceptions: 1) the
standard for eligibility of public health and safety payrolls has been updated (see details on page 20) and
2)expenses related to the issuance of tax-anticipation notes are no longer an eligible funding use (see
discussion of debt service on page 44).
18
to public buildings to implement COVID-19 mitigation tactics. These COVID-19
prevention and mitigation programs and services, among others, were eligible
expenditures under the CRF and are eligible uses under this category of eligible uses for
the Fiscal Recovery Funds.42
• Medical Expenses. The COVID-19 public health emergency continues to have
devastating effects on public health; the United States continues to average hundreds of
deaths per day and the spread of new COVID-19 variants has raised new risks and
genomic surveillance needs.43 Moreover, our understanding of the potentially serious
and long-term effects of the virus is growing, including the potential for symptoms like
shortness of breath to continue for weeks or months, for multi-organ impacts from
COVID-19, or for post-intensive care syndrome.44 State and local governments may
need to continue to provide care and services to address these near- and longer-term
needs.45
• Behavioral Health Care. In addition, new or enhanced State, local, and Tribal
government services may be needed to meet behavioral health needs exacerbated by the
pandemic and respond to other public health impacts. These services include mental
health treatment, substance misuse treatment, other behavioral health services, hotlines or
42 Coronavirus Relief Fund for States, Tribal Governments, and Certain Eligible Local Governments, 86
Fed. Reg. 4182 (Jan. 15, 2021), available at https://home.treasury.gov/system/files/136/CRF-Guidance-
Federal-Register_2021-00827.pdf.
43 Centers for Disease Control and Prevention, supra note 24.
44 Centers for Disease Control and Prevention, Long-Term Effects (Apr. 8, 2021),
https://www.cdc.gov/coronavirus/2019-ncov/long-term-effects.html (last visited Apr. 26, 2021).
45 Pursuant to 42 CFR 433.51 and 45 CFR 75.306, Fiscal Recovery Funds may not serve as a State or
locality’s contribution of certain Federal funds.
19
warmlines, crisis intervention, overdose prevention, infectious disease prevention, and
services or outreach to promote access to physical or behavioral health primary care and
preventative medicine.
• Public Health and Safety Staff. Treasury recognizes that responding to the public health
and negative economic impacts of the pandemic, including administering the services
described above, requires a substantial commitment of State, local, and Tribal
government human resources. As a result, the Fiscal Recovery Funds may be used for
payroll and covered benefits expenses for public safety, public health, health care, human
services, and similar employees, to the extent that their services are devoted to mitigating
or responding to the COVID–19 public health emergency.46 Accordingly, the Fiscal
Recovery Funds may be used to support the payroll and covered benefits for the portion
of the employee’s time that is dedicated to responding to the COVID-19 public health
emergency. For administrative convenience, the recipient may consider public health and
safety employees to be entirely devoted to mitigating or responding to the COVID-19
public health emergency, and therefore fully covered, if the employee, or his or her
operating unit or division, is primarily dedicated to responding to the COVID-19 public
health emergency. Recipients may consider other presumptions for assessing the extent
to which an employee, division, or operating unit is engaged in activities that respond to
46 In general, if an employee’s wages and salaries are an eligible use of Fiscal Recovery Funds, recipients
may treat the employee’s covered benefits as an eligible use of Fiscal Recovery Funds. For purposes of
the Fiscal Recovery Funds, covered benefits include costs of all types of leave (vacation, family-related,
sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision),
retirement (pensions, 401(k)), unemployment benefit plans (federal and state), workers compensation
insurance, and Federal Insurance Contributions Act (FICA) taxes (which includes Social Security and
Medicare taxes).
20
the COVID-19 public health emergency, provided that the recipient reassesses
periodically and maintains records to support its assessment, such as payroll records,
attestations from supervisors or staff, or regular work product or correspondence
demonstrating work on the COVID-19 response. Recipients need not routinely track
staff hours.
• Expenses to Improve the Design and Execution of Health and Public Health Programs.
State, local, and Tribal governments may use payments from the Fiscal Recovery Funds
to engage in planning and analysis in order to improve programs addressing the COVID-
19 pandemic, including through use of targeted consumer outreach, improvements to data
or technology infrastructure, impact evaluations, and data analysis.
Eligible Uses to Address Disparities in Public Health Outcomes. In addition, in recognition of
the disproportionate impacts of the COVID-19 pandemic on health outcomes in low-income and
Native American communities and the importance of mitigating these effects, the Interim Final
Rule identifies a broader range of services and programs that will be presumed to be responding
to the public health emergency when provided in these communities. Specifically, Treasury will
presume that certain types of services, outlined below, are eligible uses when provided in a
Qualified Census Tract (QCT),47 to families living in QCTs, or when these services are provided
47 Qualified Census Tracts are a common, readily-accessible, and geographically granular method of
identifying communities with a large proportion of low-income residents. Using an existing measure may
speed implementation and decrease administrative burden, while identifying areas of need at a highly-
localized level.
While QCTs are an effective tool generally, many tribal communities have households with a wide range
of income levels due in part to non-tribal member, high income residents living in the community. Mixed
income communities, with a significant share of tribal members at the lowest levels of income, are often
not included as eligible QCTs yet tribal residents are experiencing disproportionate impacts due to the
pandemic. Therefore, including all services provided by Tribal governments is a more effective means of
ensuring that disproportionately impacted Tribal members can receive services.
21
by Tribal governments.48 Recipients may also provide these services to other populations,
households, or geographic areas that are disproportionately impacted by the pandemic. In
identifying these disproportionately-impacted communities, recipients should be able to support
their determination that the pandemic resulted in disproportionate public health or economic
outcomes to the specific populations, households, or geographic areas to be served.
Given the exacerbation of health disparities during the pandemic and the role of pre-existing
social vulnerabilities in driving these disparate outcomes, services to address health disparities
are presumed to be responsive to the public health impacts of the pandemic. Specifically,
recipients may use payments from the Fiscal Recovery Funds to facilitate access to resources that
improve health outcomes, including services that connect residents with health care resources
and public assistance programs and build healthier environments, such as:
• Funding community health workers to help community members access health
services and services to address the social determinants of health;49,
• Funding public benefits navigators to assist community members with navigating
and applying for available Federal, State, and local public benefits or services;
48 U.S. Department of Housing and Urban Development (HUD), Qualified Census Tracts and Difficult
Development Areas, https://www.huduser.gov/portal/datasets/qct.html (last visited Apr. 26, 2021); U.S.
Department of the Interior, Bureau of Indian Affairs, Indian Lands of Federally Recognized Tribes of the
United States (June 2016), https://www.bia.gov/sites/bia.gov/files/assets/bia/ots/webteam/pdf/idc1-
028635.pdf (last visited Apr. 26, 2021).
49 The social determinants of health are the social and environmental conditions that affect health
outcomes, specifically economic stability, health care access, social context, neighborhoods and built
environment, and education access. See, e.g., U.S. Department of Health and Human Services, Office of
Disease Prevention and Health Promotion, Healthy People 2030: Social Determinants of Health,
https://health.gov/healthypeople/objectives-and-data/social-determinants-health (last visited Apr. 26,
2021).
22
• Housing services to support healthy living environments and neighborhoods
conducive to mental and physical wellness;
• Remediation of lead paint or other lead hazards to reduce risk of elevated blood lead
levels among children; and
• Evidence-based community violence intervention programs to prevent violence and
mitigate the increase in violence during the pandemic.50
2. Responding to Negative Economic Impacts
Impacts on Households and Individuals. The public health emergency, including the
necessary measures taken to protect public health, resulted in significant economic and financial
hardship for many Americans. As businesses closed, consumers stayed home, schools shifted to
remote education, and travel declined precipitously, over 20 million jobs were lost in March and
April 2020.51 Although many have returned to work, as of April 2021, the economy remains
8.2 million jobs below its pre-pandemic peak,52 and more than 3 million workers have dropped
out of the labor market altogether relative to February 2020.53
Rates of unemployment are particularly severe among workers of color and workers with
lower levels of educational attainment; for example, the overall unemployment rate in the United
50 National Commission on COVID-19 and Criminal Justice, Impact Report: COVID-19 and Crime (Jan.
31, 2021), https://covid19.counciloncj.org/2021/01/31/impact-report-covid-19-and-crime-3/ (showing a
spike in homicide and assaults); Brad Boesrup et al., Alarming Trends in US domestic violence during the
COVID-19 pandemic, Am. J. of Emerg. Med. 38(12): 2753-55 (Dec. 1, 2020), available at
https://www.ajemjournal.com/article/S0735-6757(20)30307-7/fulltext (showing a spike in domestic
violence).
51 U.S. Bureau of Labor Statistics, All Employees, Total Nonfarm (PAYEMS), retrieved from FRED,
Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/PAYEMS (last visited May 8, 2021).
52 Id.
53 U.S. Bureau of Labor Statistics, Civilian Labor Force Level [CLF16OV], retrieved from FRED, Federal
Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/CLF16OV (last visited May 8, 2021).
23
States was 6.1 percent in April 2021, but certain groups saw much higher rates: 9.7 percent for
Black workers, 7.9 percent for Hispanic or Latino workers, and 9.3 percent for workers without a
high school diploma.54 Job losses have also been particularly steep among low wage workers,
with these workers remaining furthest from recovery as of the end of 2020.55 A severe
recession–and its concentrated impact among low-income workers–has amplified food and
housing insecurity, with an estimated nearly 17 million adults living in households where there is
sometimes or often not enough food to eat and an estimated 10.7 million adults living in
households that were not current on rent.56 Over the course of the pandemic, inequities also
manifested along gender lines, as schools closed to in-person activities, leaving many working
families without child care during the day.57 Women of color have been hit especially hard: the
54 U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey:
Employment status of the civilian population by sex and age (May 8 2021),
https://www.bls.gov/news.release/empsit.t01.htm (last visited May 8, 2021); U.S. Bureau of Labor
Statistics, Labor Force Statistics from the Current Population Survey: Employment status of the civilian
noninstitutional population by race, Hispanic or Latino ethnicity, sex, and age (May 8, 2021),
https://www.bls.gov/web/empsit/cpseea04.htm (last visited May 8, 2021); U.S. Bureau of Labor
Statistics, Labor Force Statistics from the Current Population Survey: Employment status of the civilian
noninstitutional population 25 years and over by educational attainment (May 8, 2021),
https://www.bls.gov/web/empsit/cpseea05.htm (last visited May 8, 2021).
55 Elise Gould & Jori Kandra, Wages grew in 2020 because the bottom fell out of the low-wage labor
market, Economic Policy Institute (Feb. 24, 2021), https://files.epi.org/pdf/219418.pdf. See also, Michael
Dalton et al., The K-Shaped Recovery: Examining the Diverging Fortunes of Workers in the Recovery
from the COVID-19 Pandemic using Business and Household Survey Microdata¸ U.S. Bureau of Labor
Statistics Working Paper Series (Feb. 2021), https://www.bls.gov/osmr/research-
papers/2021/pdf/ec210020.pdf.
56 Center on Budget and Policy Priorities, Tracking the COVID-19 Recession’s Effects on Food, Housing,
and Employment Hardships, https://www.cbpp.org/research/poverty-and-inequality/tracking-the-covid-
19-recessions-effects-on-food-housing-and (last visited May 8, 2021).
57 Women have carried a larger share of childcare responsibilities than men during the COVID-19 crisis.
See, e.g., Gema Zamarro & María J. Prados, Gender differences in couples’ division of childcare, work
and mental health during COVID-19, Rev. Econ. Household 19:11-40 (2021), available at
https://link.springer.com/article/10.1007/s11150-020-09534-7; Titan Alon et al., The Impact of COVID-
19 on Gender Equality, National Bureau of Economic Research Working Paper 26947 (April 2020),
available at https://www.nber.org/papers/w26947.
24
labor force participation rate for Black women has fallen by 3.2 percentage points 58 during the
pandemic as compared to 1.0 percentage points for Black men 59 and 2.0 percentage points for
White women.60
As the economy recovers, the effects of the pandemic-related recession may continue to
impact households, including a risk of longer-term effects on earnings and economic potential.
For example, unemployed workers, especially those who have experienced longer periods of
unemployment, earn lower wages over the long term once rehired.61 In addition to the labor
market consequences for unemployed workers, recessions can also cause longer-term economic
challenges through, among other factors, damaged consumer credit scores 62 and reduced familial
and childhood wellbeing.63 These potential long-term economic consequences underscore the
continued need for robust policy support.
58 U.S. Bureau of Labor Statistics, Labor Force Participation Rate - 20 Yrs. & Over, Black or African
American Women [LNS11300032], retrieved from FRED, Federal Reserve Bank of St. Louis;
https://fred.stlouisfed.org/series/LNS11300032 (last visited May 8, 2021).
59 U.S. Bureau of Labor Statistics, Labor Force Participation Rate - 20 Yrs. & Over, Black or African
American Men [LNS11300031], retrieved from FRED, Federal Reserve Bank of St. Louis;
https://fred.stlouisfed.org/series/LNS11300031 (last visited May 8, 2021).
60 U.S. Bureau of Labor Statistics, Labor Force Participation Rate - 20 Yrs. & Over, White Women
[LNS11300029], retrieved from FRED, Federal Reserve Bank of St. Louis;
https://fred.stlouisfed.org/series/LNS11300029 (last visited May 8, 2021).
61 See, e.g., Michael Greenstone & Adam Looney, Unemployment and Earnings Losses: A Look at Long-
Term Impacts of the Great Recession on American Workers, Brookings Institution (Nov. 4, 2021),
https://www.brookings.edu/blog/jobs/2011/11/04/unemployment-and-earnings-losses-a-look-at-long-
term-impacts-of-the-great-recession-on-american-workers/.
62 Chi Chi Wu, Solving the Credit Conundrum: Helping Consumers’ Credit Records Impaired by the
Foreclosure Crisis and Great Recession (Dec. 2013),
https://www.nclc.org/images/pdf/credit_reports/report-credit-conundrum-2013.pdf.
63 Irwin Garfinkel, Sara McLanahan, Christopher Wimer, eds., Children of the Great Recession, Russell
Sage Foundation (Aug. 2016), available at https://www.russellsage.org/publications/children-great-
recession.
25
Impacts on Businesses. The pandemic has also severely impacted many businesses, with
small businesses hit especially hard. Small businesses make up nearly half of U.S. private-sector
employment 64 and play a key role in supporting the overall economic recovery as they are
responsible for two-thirds of net new jobs.65 Since the beginning of the pandemic, however,
400,000 small businesses have closed, with many more at risk.66 Sectors with a large share of
small business employment have been among those with the most drastic drops in employment.67
The negative outlook for small businesses has continued: as of April 2021, approximately
70 percent of small businesses reported that the pandemic has had a moderate or large negative
effect on their business, and over a third expect that it will take over 6 months for their business
to return to their normal level of operations.68
This negative outlook is likely the result of many small businesses having faced periods
of closure and having seen declining revenues as customers stayed home.69 In general, small
businesses can face greater hurdles in accessing credit,70 and many small businesses were
64 Board of Governors of the Federal Reserve System, supra note 5.
65 U.S. Small Business Administration, Office of Advocacy, Small Businesses Generate 44 Percent of
U.S. Economic Activity (Jan. 30, 2019), https://advocacy.sba.gov/2019/01/30/small-businesses-generate-
44-percent-of-u-s-economic-activity/.
66 Biden, supra note 6.
67 Daniel Wilmoth, U.S. Small Business Administration Office of Advocacy, The Effects of the COVID-
19 Pandemic on Small Businesses, Issue Brief No. 16 (Mar. 2021), available at
https://cdn.advocacy.sba.gov/wp-content/uploads/2021/03/02112318/COVID-19-Impact-On-Small-
Business.pdf.
68 U.S. Census Bureau, Small Business Pulse Survey, https://portal.census.gov/pulse/data/ (last visited
May 8, 2021).
69 Olivia S. Kim et al., Revenue Collapses and the Consumption of Small Business Owners in the Early
Stages of the COVID-19 Pandemic (Nov. 2020), https://www.nber.org/papers/w28151.
70 See e.g., Board of Governors of the Federal Reserve System, Report to Congress on the Availability of
Credit to Small Businesses (Sept. 2017), available at https://www.federalreserve.gov/publications/2017-
september-availability-of-credit-to-small-businesses.htm.
26
already financially fragile at the outset of the pandemic.71 Non-profits, which provide vital
services to communities, have similarly faced economic and financial challenges due to the
pandemic.72
Impacts to State, Local, and Tribal Governments. State, local, and Tribal governments
have felt substantial fiscal pressures. As noted above, State, local, and Tribal governments have
faced significant revenue shortfalls and remain over 1 million jobs below their pre-pandemic
staffing levels.73 These reductions in staffing may undermine the ability to deliver services
effectively, as well as add to the number of unemployed individuals in their jurisdictions.
Exacerbation of Pre-existing Disparities. The COVID-19 public health emergency may
have lasting negative effects on economic outcomes, particularly in exacerbating disparities that
existed prior to the pandemic.
The negative economic impacts of the COVID-19 pandemic are particularly pronounced
in certain communities and families. Low- and moderate-income jobs make up a substantial
portion of both total pandemic job losses,74 and jobs that require in-person frontline work, which
71 Alexander W. Bartik et al., The Impact of COVID-19 on small business outcomes and expectations,
PNAS 117(30): 17656-66 (July 28, 2020), available at https://www.pnas.org/content/117/30/17656.
72 Federal Reserve Bank of San Francisco, Impacts of COVID-19 on Nonprofits in the Western United
States (May 2020), https://www.frbsf.org/community-development/files/impact-of-covid-nonprofits-
serving-western-united-states.pdf.
73 Wolfe & Kassa, supra note 7; Elijah Moreno & Heather Sobrepena, Tribal entities remain resilient as
COVID-19 batters their finances, Federal Reserve Bank of Minneapolis (Nov. 10, 2021),
https://www.minneapolisfed.org/article/2020/tribal-entities-remain-resilient-as-covid-19-batters-their-
finances.
74 Kim Parker et al., Economic Fallout from COVID-19 Continues to Hit Lower-Income Americans the
Hardest, Pew Research Center (Sept. 24, 2020), https://www.pewresearch.org/social-
trends/2020/09/24/economic-fallout-from-covid-19-continues-to-hit-lower-income-americans-the-
hardest/; Gould, supra note 55.
27
are exposed to greater risk of contracting COVID-19.75 Both factors compound pre-existing
vulnerabilities and the likelihood of food, housing, or other financial insecurity in low- and
moderate-income families and, given the concentration of low- and moderate-income families
within certain communities,76 raise a substantial risk that the effects of the COVID-19 public
health emergency will be amplified within these communities.
These compounding effect of recessions on concentrated poverty and the long-lasting
nature of this effect were observed after the 2007-2009 recession, including a large increase in
concentrated poverty with the number of people living in extremely poor neighborhoods more
than doubling by 2010-2014 relative to 2000.77 Concentrated poverty has a range of deleterious
impacts, including additional burdens on families and reduced economic potential and social
cohesion.78 Given the disproportionate impact of COVID-19 on low-income households
discussed above, there is a risk that the current pandemic-induced recession could further
increase concentrated poverty and cause long-term damage to economic prospects in
neighborhoods of concentrated poverty.
The negative economic impacts of COVID-19 also include significant impacts to children
in disproportionately affected families and include impacts to education, health, and welfare, all
75 See infra Section II.B of this Supplementary Information.
76 Elizabeth Kneebone, The Changing geography of US poverty, Brookings Institution (Feb. 15, 2017),
https://www.brookings.edu/testimonies/the-changing-geography-of-us-poverty/.
77 Elizabeth Kneebone & Natalie Holmes, U.S. concentrated poverty in the wake of the Great Recession,
Brookings Institution (Mar. 31, 2016), https://www.brookings.edu/research/u-s-concentrated-poverty-in-
the-wake-of-the-great-recession/.
78 David Erickson et al., The Enduring Challenge of Concentrated Poverty in America: Case Studies from
Communities Across the U.S. (2008), available at https://www.frbsf.org/community-
development/files/cp_fullreport.pdf.
28
of which contribute to long-term economic outcomes.79 Many low-income and minority
students, who were disproportionately served by remote or hybrid education during the
pandemic, lacked the resources to participate fully in remote schooling or live in households
without adults available throughout the day to assist with online coursework.80 Given these
trends, the pandemic may widen educational disparities and worsen outcomes for low-income
students,81 an effect that would substantially impact their long-term economic outcomes.
Increased economic strain or material hardship due to the pandemic could also have a long-term
impact on health, educational, and economic outcomes of young children.82 Evidence suggests
79 Educational quality, as early as Kindergarten, has a long-term impact on children’s public health and
economic outcomes. See, e.g., Tyler W. Watts et al., The Chicago School Readiness Project: Examining
the long-term impacts of an early childhood intervention, PLoS ONE 13(7) (2018), available at
https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0200144; Opportunity Insights, How
Can We Amplify Education as an Engine of Mobility? Using big data to help children get the most from
school, https://opportunityinsights.org/education/ (last visited Apr. 26, 2021); U.S. Department of Health
and Human Services (HHS), Office of Disease Prevention and Health Promotion, Early Childhood
Development and Education, https://www.healthypeople.gov/2020/topics-objectives/topic/social-
determinants-health/interventions-resources/early-childhood-development-and-education (last visited
Apr. 26, 2021).
80 See, e.g., Bacher-Hicks, supra note 14.
81 A Department of Education survey found that, as of February 2021, 42 percent of fourth grade students
nationwide were offered only remote education, compared to 48 percent of economically disadvantaged
students, 54 percent of Black students and 57 percent of Hispanic students. Large districts often
disproportionately serve low-income students. See Institute of Education Sciences, Monthly School
Survey Dashboard, https://ies.ed.gov/schoolsurvey/ (last visited Apr. 26, 2021). In summer 2020, a
review found that 74 percent of the largest 100 districts chose remote learning only. See Education Week,
School Districts’ Reopening Plans: A Snapshot (Jul. 15, 2020),
https://www.edweek.org/leadership/school-districts-reopening-plans-a-snapshot/2020/07 (last visited May
4, 2021).
82 HHS, supra note 79.
29
that adverse conditions in early childhood, including exposure to poverty, food insecurity,
housing insecurity, or other economic hardships, are particularly impactful.83
The pandemic’s disproportionate economic impacts are also seen in Tribal communities
across the country—for Tribal governments as well as families and businesses on and off Tribal
lands. In the early months of the pandemic, Native American unemployment spiked to
26 percent and, while partially recovered, remains at nearly 11 percent.84 Tribal enterprises are a
significant source of revenue for Tribal governments to support the provision of government
services. These enterprises, notably concentrated in gaming, tourism, and hospitality, frequently
closed, significantly reducing both revenues to Tribal governments and employment. As a result,
Tribal governments have reduced essential services to their citizens and communities.85
Eligible Uses. Sections 602(c)(1)(A) and 603(c)(1)(A) permit use of payments from the
Fiscal Recovery Funds to respond to the negative economic impacts of the COVID-19 public
health emergency. Eligible uses that respond to the negative economic impacts of the public
health emergency must be designed to address an economic harm resulting from or exacerbated
by the public health emergency. In considering whether a program or service would be eligible
under this category, the recipient should assess whether, and the extent to which, there has been
83 Hirokazu Yoshikawa, Effects of the Global Coronavirus Disease – 2019 Pandemic on Early Childhood
Development: Short- and Long-Term Risks and Mitigating Program and Policy Actions, J. of Pediatrics
Vol. 223:188-93 (Aug. 1, 2020), available at https://www.jpeds.com/article/S0022-3476(20)30606-
5/abstract.
84 Based on calculations conducted by the Minneapolis Fed’s Center for Indian Country Development
using Flood et al. (2020)’s Current Population Survey.” Sarah Flood, Miriam King, Renae Rodgers,
Steven Ruggles and J. Robert Warren. Integrated Public Use Microdata Series, Current Population
Survey: Version 8.0 [dataset]. Minneapolis, MN: IPUMS, 2020. https://doi.org/10.18128/D030.V8.0; see
also Donna Feir & Charles Golding, Native Employment During COVID-19: Hard hit in April but
Starting to Rebount? (Aug. 5, 2020), https://www.minneapolisfed.org/article/2020/native-employment-
during-covid-19-hit-hard-in-april-but-starting-to-rebound.
85 Moreno & Sobrepena, supra note 73.
30
an economic harm, such as loss of earnings or revenue, that resulted from the COVID-19 public
health emergency and whether, and the extent to which, the use would respond or address this
harm.86 A recipient should first consider whether an economic harm exists and whether this
harm was caused or made worse by the COVID-19 public health emergency. While economic
impacts may either be immediate or delayed, assistance or aid to individuals or businesses that
did not experience a negative economic impact from the public health emergency would not be
an eligible use under this category.
In addition, the eligible use must “respond to” the identified negative economic impact.
Responses must be related and reasonably proportional to the extent and type of harm
experienced; uses that bear no relation or are grossly disproportionate to the type or extent of
harm experienced would not be eligible uses. Where there has been a negative economic impact
resulting from the public health emergency, States, local, and Tribal governments have broad
latitude to choose whether and how to use the Fiscal Recovery Funds to respond to and address
the negative economic impact. Sections 602(c)(1)(A) and 603(c)(1)(A) describe several types of
uses that would be eligible under this category, including assistance to households, small
businesses, and nonprofits and aid to impacted industries such as tourism, travel, and hospitality.
To facilitate implementation and use of payments from the Fiscal Recovery Funds, the
Interim Final Rule identifies a non-exclusive list of eligible uses of funding that respond to the
negative economic impacts of the public health emergency. Consistent with the discussion
above, the eligible uses listed below would respond directly to the economic or financial harms
resulting from and or exacerbated by the public health emergency.
86 In some cases, a use may be permissible under another eligible use category even if it falls outside the
scope of section (c)(1)(A) of the Act.
31
• Assistance to Unemployed Workers. This includes assistance to unemployed
workers, including services like job training to accelerate rehiring of unemployed
workers; these services may extend to workers unemployed due to the pandemic or
the resulting recession, or who were already unemployed when the pandemic
began and remain so due to the negative economic impacts of the pandemic.
• State Unemployment Insurance Trust Funds. Consistent with the approach taken
in the CRF, recipients may make deposits into the state account of the
Unemployment Trust Fund established under section 904 of the Social Security
Act (42 U.S.C. 1104) up to the level needed to restore the pre-pandemic balances
of such account as of January 27, 2020 or to pay back advances received under
Title XII of the Social Security Act (42 U.S.C. 1321) for the payment of benefits
between January 27, 2020 and [INSERT DATE OF PUBLICATION IN THE
FEDERAL REGISTER], given the close nexus between Unemployment Trust
Fund costs, solvency of Unemployment Trust Fund systems, and pandemic
economic impacts. Further, Unemployment Trust Fund deposits can decrease
fiscal strain on Unemployment Insurance systems impacted by the pandemic.
States facing a sharp increase in Unemployment Insurance claims during the
pandemic may have drawn down positive Unemployment Trust Fund balances
and, after exhausting the balance, required advances to fund continuing obligations
to claimants. Because both of these impacts were driven directly by the need for
assistance to unemployed workers during the pandemic, replenishing
Unemployment Trust Funds up to the pre-pandemic level responds to the
pandemic’s negative economic impacts on unemployed workers.
32
• Assistance to Households. Assistance to households or populations facing
negative economic impacts due to COVID-19 is also an eligible use. This
includes: food assistance; rent, mortgage, or utility assistance; counseling and legal
aid to prevent eviction or homelessness; cash assistance (discussed below);
emergency assistance for burials, home repairs, weatherization, or other needs;
internet access or digital literacy assistance; or job training to address negative
economic or public health impacts experienced due to a worker’s occupation or
level of training. As discussed above, in considering whether a potential use is
eligible under this category, a recipient must consider whether, and the extent to
which, the household has experienced a negative economic impact from the
pandemic. In assessing whether a household or population experienced economic
harm as a result of the pandemic, a recipient may presume that a household or
population that experienced unemployment or increased food or housing insecurity
or is low- or moderate-income experienced negative economic impacts resulting
from the pandemic. For example, a cash transfer program may focus on
unemployed workers or low- and moderate-income families, which have faced
disproportionate economic harms due to the pandemic. Cash transfers must be
reasonably proportional to the negative economic impact they are intended to
address. Cash transfers grossly in excess of the amount needed to address the
negative economic impact identified by the recipient would not be considered to be
a response to the COVID-19 public health emergency or its negative impacts. In
particular, when considering the appropriate size of permissible cash transfers
made in response to the COVID-19 public health emergency, State, local and
33
Tribal governments may consider and take guidance from the per person amounts
previously provided by the Federal government in response to the COVID-19
crisis. Cash transfers that are grossly in excess of such amounts would be outside
the scope of eligible uses under section 602(c)(1)(A) and 603(c)(1)(A) and could
be subject to recoupment. In addition, a recipient could provide survivor’s benefits
to surviving family members of COVID-19 victims, or cash assistance to widows,
widowers, and dependents of eligible COVID-19 victims.
• Expenses to Improve Efficacy of Economic Relief Programs. State, local, and
Tribal governments may use payments from the Fiscal Recovery Funds to improve
efficacy of programs addressing negative economic impacts, including through use
of data analysis, targeted consumer outreach, improvements to data or technology
infrastructure, and impact evaluations.
• Small Businesses and Non-profits. As discussed above, small businesses and non-
profits faced significant challenges in covering payroll, mortgages or rent, and
other operating costs as a result of the public health emergency and measures taken
to contain the spread of the virus. State, local, and Tribal governments may
provide assistance to small businesses to adopt safer operating procedures, weather
periods of closure, or mitigate financial hardship resulting from the COVID-19
public health emergency, including:
o Loans or grants to mitigate financial hardship such as declines in revenues
or impacts of periods of business closure, for example by supporting
payroll and benefits costs, costs to retain employees, mortgage, rent, or
utilities costs, and other operating costs;
34
o Loans, grants, or in-kind assistance to implement COVID-19 prevention
or mitigation tactics, such as physical plant changes to enable social
distancing, enhanced cleaning efforts, barriers or partitions, or COVID-19
vaccination, testing, or contact tracing programs; and
o Technical assistance, counseling, or other services to assist with business
planning needs.
As discussed above, these services should respond to the negative economic
impacts of COVID-19. Recipients may consider additional criteria to target
assistance to businesses in need, including small businesses. Such criteria may
include businesses facing financial insecurity, substantial declines in gross
receipts (e.g., comparable to measures used to assess eligibility for the Paycheck
Protection Program), or other economic harm due to the pandemic, as well as
businesses with less capacity to weather financial hardship, such as the smallest
businesses, those with less access to credit, or those serving disadvantaged
communities. Recipients should consider local economic conditions and business
data when establishing such criteria.87
• Rehiring State, Local, and Tribal Government Staff. State, local, and Tribal
governments continue to see pandemic impacts in overall staffing levels: State,
local, and Tribal government employment remains more than 1 million jobs lower
87 See Federal Reserve Bank of Cleveland, An Uphill Battle: COVID-19’s Outsized Toll on Minority-
Owned Firms (Oct. 8, 2020), https://www.clevelandfed.org/newsroom-and-
events/publications/community-development-briefs/db-20201008-misera-report.aspx (discussing the
impact of COVID-19 on minority owned businesses).
35
in April 2021 than prior to the pandemic.88 Employment losses decrease a state
or local government’s ability to effectively administer services. Thus, the Interim
Final Rule includes as an eligible use payroll, covered benefits, and other costs
associated with rehiring public sector staff, up to the pre-pandemic staffing level
of the government.
• Aid to Impacted Industries. Sections 602(c)(1)(A) and 603(c)(1)(A) recognize
that certain industries, such as tourism, travel, and hospitality, were
disproportionately and negatively impacted by the COVID-19 public health
emergency. Aid provided to tourism, travel, and hospitality industries should
respond to the negative economic impacts of the pandemic on those and similarly
impacted industries. For example, aid may include assistance to implement
COVID-19 mitigation and infection prevention measures to enable safe
resumption of tourism, travel, and hospitality services, for example,
improvements to ventilation, physical barriers or partitions, signage to facilitate
social distancing, provision of masks or personal protective equipment, or
consultation with infection prevention professionals to develop safe reopening
plans.
Aid may be considered responsive to the negative economic impacts of the
pandemic if it supports businesses, attractions, business districts, and Tribal
development districts operating prior to the pandemic and affected by required
88 U.S. Bureau of Labor Statistics, All Employees, State Government [CES9092000001] and All
Employees, Local Government [CES9093000001], retrieved from FRED, Federal Reserve Bank of St.
Louis, https://fred.stlouisfed.org/series/CES9092000001 and
https://fred.stlouisfed.org/series/CES9093000001 (last visited May 8, 2021).
36
closures and other efforts to contain the pandemic. For example, a recipient may
provide aid to support safe reopening of businesses in the tourism, travel, and
hospitality industries and to business districts that were closed during the COVID-
19 public health emergency, as well as aid for a planned expansion or upgrade of
tourism, travel, and hospitality facilities delayed due to the pandemic.
When considering providing aid to industries other than tourism, travel,
and hospitality, recipients should consider the extent of the economic impact as
compared to tourism, travel, and hospitality, the industries enumerated in the
statute. For example, on net, the leisure and hospitality industry has experienced
an approximately 24 percent decline in revenue and approximately 17 percent
decline in employment nationwide due to the COVID-19 public health
emergency.89 Recipients should also consider whether impacts were due to the
COVID-19 pandemic, as opposed to longer-term economic or industrial trends
unrelated to the pandemic.
To facilitate transparency and accountability, the Interim Final Rule
requires that State, local, and Tribal governments publicly report assistance
provided to private-sector businesses under this eligible use, including tourism,
travel, hospitality, and other impacted industries, and its connection to negative
89 From February 2020 to April 2021, employment in “Leisure and hospitality” has fallen by
approximately 17 percent. See U.S. Bureau of Labor Statistics, All Employees, Leisure and Hospitality,
retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/USLAH (last
visited May 8, 2021). From 2019Q4 to 2020Q4, gross output (e.g. revenue) in arts, entertainment,
recreation, accommodation, and food services has fallen by approximately 24 percent. See Bureau of
Economic Analysis, News Release: Gross Domestic Product (Third Estimate), Corporate Profits, and
GDP by Industry, Fourth Quarter and Year 2020 (Mar. 25, 2021), Table 17,
https://www.bea.gov/sites/default/files/2021-03/gdp4q20_3rd.pdf.
37
economic impacts of the pandemic. Recipients also should maintain records to
support their assessment of how businesses or business districts receiving
assistance were affected by the negative economic impacts of the pandemic and
how the aid provided responds to these impacts.
As discussed above, economic disparities that existed prior to the COVID-19 public
health emergency amplified the impact of the pandemic among low-income and minority groups.
These families were more likely to face housing, food, and financial insecurity; are over-
represented among low-wage workers; and many have seen their livelihoods deteriorate further
during the pandemic and economic contraction. In recognition of the disproportionate negative
economic impacts on certain communities and populations, the Interim Final Rule identifies
services and programs that will be presumed to be responding to the negative economic impacts
of the COVID-19 public health emergency when provided in these communities.
Specifically, Treasury will presume that certain types of services, outlined below, are
eligible uses when provided in a QCT, to families and individuals living in QCTs, or when these
services are provided by Tribal governments.90 Recipients may also provide these services to
other populations, households, or geographic areas disproportionately impacted by the pandemic.
In identifying these disproportionately impacted communities, recipients should be able to
support their determination that the pandemic resulted in disproportionate public health or
economic outcomes to the specific populations, households, or geographic areas to be served.
The Interim Final Rule identifies a non-exclusive list of uses that address the disproportionate
negative economic effects of the COVID-19 public health emergency, including:
90 HUD, supra note 48.
38
o Building Stronger Communities through Investments in Housing and Neighborhoods. The
economic impacts of COVID-19 have likely been most acute in lower-income
neighborhoods, including concentrated areas of high unemployment, limited economic
opportunity, and housing insecurity.91 Services in this category alleviate the immediate
economic impacts of the COVID-19 pandemic on housing insecurity, while addressing
conditions that contributed to poor public health and economic outcomes during the
pandemic, namely concentrated areas with limited economic opportunity and inadequate
or poor-quality housing.92 Eligible services include:
Services to address homelessness such as supportive housing, and to improve
access to stable, affordable housing among unhoused individuals;
Affordable housing development to increase supply of affordable and high-quality
living units; and
Housing vouchers, residential counseling, or housing navigation assistance to
facilitate household moves to neighborhoods with high levels of economic
opportunity and mobility for low-income residents, to help residents increase their
economic opportunity and reduce concentrated areas of low economic
opportunity.93
91 Stuart M. Butler & Jonathan Grabinsky, Tackling the legacy of persistent urban inequality and
concentrated poverty, Brookings Institution (Nov. 16, 2020), https://www.brookings.edu/blog/up-
front/2020/11/16/tackling-the-legacy-of-persistent-urban-inequality-and-concentrated-poverty/.
92 U.S. Department of Health and Human Services (HHS), Office of Disease Prevention and Health
Promotion, Quality of Housing, https://www.healthypeople.gov/2020/topics-objectives/topic/social-
determinants-health/interventions-resources/quality-of-housing#11 (last visited Apr. 26, 2021).
93 The Opportunity Atlas, https://www.opportunityatlas.org/ (last visited Apr. 26, 2021); Raj Chetty &
Nathaniel Hendren, The Impacts of Neighborhoods on Intergenerational Mobility I: Childhood Exposure
Effects, Quarterly J. of Econ. 133(3):1107-162 (2018), available at
https://opportunityinsights.org/paper/neighborhoodsi/.
39
o Addressing Educational Disparities. As outlined above, school closures and the
transition to remote education raised particular challenges for lower-income students,
potentially exacerbating educational disparities, while increases in economic hardship
among families could have long-lasting impacts on children’s educational and economic
prospects. Services under this prong would enhance educational supports to help
mitigate impacts of the pandemic. Eligible services include:
New, expanded, or enhanced early learning services, including pre-kindergarten,
Head Start, or partnerships between pre-kindergarten programs and local
education authorities, or administration of those services;
Providing assistance to high-poverty school districts to advance equitable funding
across districts and geographies;
Evidence-based educational services and practices to address the academic needs
of students, including tutoring, summer, afterschool, and other extended learning
and enrichment programs; and
Evidence-based practices to address the social, emotional, and mental health
needs of students;
o Promoting Healthy Childhood Environments. Children’s economic and family
circumstances have a long-term impact on their future economic outcomes.94 Increases in
economic hardship, material insecurity, and parental stress and behavioral health
challenges all raise the risk of long-term harms to today’s children due to the pandemic.
Eligible services to address this challenge include:
94 See supra notes 52 and 84.
40
New or expanded high-quality childcare to provide safe and supportive care for
children;
Home visiting programs to provide structured visits from health, parent educators,
and social service professionals to pregnant women or families with young
children to offer education and assistance navigating resources for economic
support, health needs, or child development; and
Enhanced services for child welfare-involved families and foster youth to provide
support and training on child development, positive parenting, coping skills, or
recovery for mental health and substance use challenges.
State, local, and Tribal governments are encouraged to use payments from the Fiscal
Recovery Funds to respond to the direct and immediate needs of the pandemic and its negative
economic impacts and, in particular, the needs of households and businesses that were
disproportionately and negatively impacted by the public health emergency. As highlighted
above, low-income communities and workers and people of color have faced more severe health
and economic outcomes during the pandemic, with pre-existing social vulnerabilities like low-
wage or insecure employment, concentrated neighborhoods with less economic opportunity, and
pre-existing health disparities likely contributing to the magnified impact of the pandemic. The
Fiscal Recovery Funds provide resources to not only respond to the immediate harms of the
pandemic but also to mitigate its longer-term impact in compounding the systemic public health
and economic challenges of disproportionately impacted populations. Treasury encourages
recipients to consider funding uses that foster a strong, inclusive, and equitable recovery,
especially uses with long-term benefits for health and economic outcomes.
41
Uses Outside the Scope of this Category. Certain uses would not be within the scope of
this eligible use category, although may be eligible under other eligible use categories. A
general infrastructure project, for example, typically would not be included unless the project
responded to a specific pandemic public health need (e.g., investments in facilities for the
delivery of vaccines) or a specific negative economic impact like those described above (e.g.,
affordable housing in a QCT). The ARPA explicitly includes infrastructure if it is “necessary”
and in water, sewer, or broadband. See Section II.D of this Supplementary Information. State,
local, and Tribal governments also may use the Fiscal Recovery Funds under
sections 602(c)(1)(C) or 603(c)(1)(C) to provide “government services” broadly to the extent of
their reduction in revenue. See Section II.C of this Supplementary Information.
This category of eligible uses also would not include contributions to rainy day funds,
financial reserves, or similar funds. Resources made available under this eligible use category
are intended to help meet pandemic response needs and provide relief for households and
businesses facing near- and long-term negative economic impacts. Contributions to rainy day
funds and similar financial reserves would not address these needs or respond to the COVID-19
public health emergency but would rather constitute savings for future spending needs.
Similarly, this eligible use category would not include payment of interest or principal on
outstanding debt instruments, including, for example, short-term revenue or tax anticipation
notes, or other debt service costs. As discussed below, payments from the Fiscal Recovery
Funds are intended to be used prospectively and the Interim Final Rule precludes use of these
funds to cover the costs of debt incurred prior to March 3, 2021. Fees or issuance costs
associated with the issuance of new debt would also not be covered using payments from the
Fiscal Recovery Funds because such costs would not themselves have been incurred to address
42
the needs of pandemic response or its negative economic impacts. The purpose of the Fiscal
Recovery Funds is to provide fiscal relief that will permit State, local, and Tribal governments to
continue to respond to the COVID-19 public health emergency.
For the same reasons, this category of eligible uses would not include satisfaction of any
obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or
judicially confirmed debt restructuring plan in a judicial, administrative, or regulatory
proceeding, except to the extent the judgment or settlement requires the provision of services that
would respond to the COVID-19 public health emergency. That is, satisfaction of a settlement
or judgment would not itself respond to COVID-19 with respect to the public health emergency
or its negative economic impacts, unless the settlement requires the provision of services or aid
that did directly respond to these needs, as described above.
In addition, as described in Section V.III of this Supplementary Information, Treasury
will establish reporting and record keeping requirements for uses within this category, including
enhanced reporting requirements for certain types of uses.
Question 1: Are there other types of services or costs that Treasury should consider as
eligible uses to respond to the public health impacts of COVID-19? Describe how these respond
to the COVID-19 public health emergency.
Question 2: The Interim Final Rule permits coverage of payroll and benefits costs of public
health and safety staff primarily dedicated to COVID-19 response, as well as rehiring of public
sector staff up to pre-pandemic levels. For how long should these measures remain in place?
What other measures or presumptions might Treasury consider to assess the extent to which
public sector staff are engaged in COVID-19 response, and therefore reimbursable, in an easily-
administrable manner?
43
Question 3: The Interim Final Rule permits rehiring of public sector staff up to the
government’s pre-pandemic staffing level, which is measured based on employment as of
January 27, 2021. Does this approach adequately measure the pre-pandemic staffing level in a
manner that is both accurate and easily administrable? Why or why not?
Question 4: The Interim Final Rule permits deposits to Unemployment Insurance Trust
Funds, or using funds to pay back advances, up to the pre-pandemic balance. What, if any,
conditions should be considered to ensure that funds repair economic impacts of the pandemic
and strengthen unemployment insurance systems?
Question 5: Are there other types of services or costs that Treasury should consider as
eligible uses to respond to the negative economic impacts of COVID-19? Describe how these
respond to the COVID-19 public health emergency.
Question 6: What other measures, presumptions, or considerations could be used to assess
“impacted industries” affected by the COVID-19 public health emergency?
Question 7: What are the advantages and disadvantages of using Qualified Census Tracts
and services provided by Tribal governments to delineate where a broader range of eligible uses
are presumed to be responsive to the public health and economic impacts of COVID-19? What
other measures might Treasury consider? Are there other populations or geographic areas that
were disproportionately impacted by the pandemic that should be explicitly included?
Question 8: Are there other services or costs that Treasury should consider as eligible uses
to respond to the disproportionate impacts of COVID-19 on low-income populations and
communities? Describe how these respond to the COVID-19 public health emergency or its
negative economic impacts, including its exacerbation of pre-existing challenges in these areas.
44
Question 9: The Interim Final Rule includes eligible uses to support affordable housing and
stronger neighborhoods in disproportionately-impacted communities. Discuss the advantages
and disadvantages of explicitly including other uses to support affordable housing and stronger
neighborhoods, including rehabilitation of blighted properties or demolition of abandoned or
vacant properties. In what ways does, or does not, this potential use address public health or
economic impacts of the pandemic? What considerations, if any, could support use of Fiscal
Recovery Funds in ways that do not result in resident displacement or loss of affordable housing
units?
B. Premium Pay
Fiscal Recovery Funds payments may be used by recipients to provide premium pay to eligible
workers performing essential work during the COVID-19 public health emergency or to provide
grants to third-party employers with eligible workers performing essential work.95 These are
workers who have been and continue to be relied on to maintain continuity of operations of
essential critical infrastructure sectors, including those who are critical to protecting the health
and wellbeing of their communities.
Since the start of the COVID-19 public health emergency in January 2020, essential
workers have put their physical wellbeing at risk to meet the daily needs of their communities
and to provide care for others. In the course of this work, many essential workers have
contracted or died of COVID-19.96 Several examples reflect the severity of the health impacts
95 §§602(c)(1)(B), 603(c)(1)(B) of the Act.
96 See, e.g., Centers for Disease Control and Prevention, COVID Data Tracker: Cases & Death among
Healthcare Personnel, https://covid.cdc.gov/covid-data-tracker/#health-care-personnel (last visited May 4,
2021); Centers for Disease Control and Prevention, COVID Data Tracker: Confirmed COVID-19 Cases
and Deaths among Staff and Rate per 1,000 Resident-Weeks in Nursing Homes, by Week – United States,
https://covid.cdc.gov/covid-data-tracker/#nursing-home-staff (last visited May 4, 2021).
45
for essential workers. Meat processing plants became “hotspots” for transmission, with 700 new
cases reported at a single plant on a single day in May 2020.97 In New York City, 120
employees of the Metropolitan Transit Authority were estimated to have died due to COVID-19
by mid-May 2020, with nearly 4,000 testing positive for the virus.98 Furthermore, many
essential workers are people of color or low-wage workers.99 These workers, in particular, have
borne a disproportionate share of the health and economic impacts of the pandemic. Such
workers include:
• Staff at nursing homes, hospitals, and home care settings;
• Workers at farms, food production facilities, grocery stores, and restaurants;
• Janitors and sanitation workers;
• Truck drivers, transit staff, and warehouse workers;
• Public health and safety staff;
• Childcare workers, educators, and other school staff; and
• Social service and human services staff.
During the public health emergency, employers’ policies on COVID-19-related hazard
pay have varied widely, with many essential workers not yet compensated for the heightened
97 See, e.g., The Lancet, The plight of essential workers during the COVID-19 pandemic, Vol. 395, Issue
10237:1587 (May 23, 2020), available at https://www.thelancet.com/journals/lancet/article/PIIS0140-
6736%2820%2931200-9/fulltext.
98 Id.
99 Joanna Gaitens et al., Covid-19 and essential workers: A narrative review of health outcomes and moral
injury, Int’l J. of Envtl. Research and Pub. Health 18(4):1446 (Feb. 4, 2021), available at
https://pubmed.ncbi.nlm.nih.gov/33557075/; Tiana N. Rogers et al., Racial Disparities in COVID‐19
Mortality Among Essential Workers in the United States, World Med. & Health policy 12(3):311-27
(Aug. 5, 2020), available at https://onlinelibrary.wiley.com/doi/full/10.1002/wmh3.358 (finding that
vulnerability to coronavirus exposure was increased among non-Hispanic blacks, who disproportionately
occupied the top nine essential occupations).
46
risks they have faced and continue to face.100 Many of these workers earn lower wages on
average and live in socioeconomically vulnerable communities as compared to the general
population.101 A recent study found that 25 percent of essential workers were estimated to have
low household income, with 13 percent in high-risk households.102 The low pay of many
essential workers makes them less able to cope with the financial consequences of the pandemic
or their work-related health risks, including working hours lost due to sickness or disruptions to
childcare and other daily routines, or the likelihood of COVID-19 spread in their households or
communities. Thus, the threats and costs involved with maintaining the ongoing operation of
vital facilities and services have been, and continue to be, borne by those that are often the most
vulnerable to the pandemic. The added health risk to essential workers is one prominent way in
which the pandemic has amplified pre-existing socioeconomic inequities.
The Fiscal Recovery Funds will help respond to the needs of essential workers by
allowing recipients to remunerate essential workers for the elevated health risks they have faced
and continue to face during the public health emergency. To ensure that premium pay is targeted
to workers that faced or face heightened risks due to the character of their work, the Interim 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 worker would not be engaged in essential
work and, accordingly may not receive premium pay, for telework performed from a residence.
100 Economic Policy Institute, Only 30% of those working outside their home are receiving hazard pay
(June 16, 2020), https://www.epi.org/press/only-30-of-those-working-outside-their-home-are-receiving-
hazard-pay-black-and-hispanic-workers-are-most-concerned-about-bringing-the-coronavirus-home/.
101 McCormack, supra note 37.
102 Id.
47
Sections 602(g)(2) and 603(g)(2) define eligible worker to mean “those workers needed
to maintain continuity of operations of essential critical infrastructure sectors and additional
sectors as each Governor of a State or territory, or each Tribal government, may designate as
critical to protect the health and well-being of the residents of their State, territory, or Tribal
government.”103 The rule incorporates this definition and provides a list of industries recognized
as essential critical infrastructure sectors.104 These sectors include healthcare, public health and
safety, childcare, education, sanitation, transportation, and food production and services, among
others as noted above. As provided under sections 602(g)(2) and 603(g)(2), the chief executive
of each recipient has discretion to add additional sectors to this list, so long as additional sectors
are deemed critical to protect the health and well-being of residents.
In providing premium pay to essential workers or grants to eligible employers, a recipient
must consider whether the pay or grant would “respond to” to the worker or workers performing
essential work. Premium pay or grants provided under this section respond to workers
performing essential work if it addresses the heightened risk to workers who must be physically
present at a jobsite and, for many of whom, the costs associated with illness were hardest to bear
financially. Many of the workers performing critical essential services are low- or moderate-
income workers, such as those described above. The ARPA recognizes this by defining
premium pay to mean an amount up to $13 per hour in addition to wages or remuneration the
worker otherwise receives and in an aggregate amount not to exceed $25,000 per eligible worker.
To ensure the provision is implemented in a manner that compensates these workers, the Interim
103 §§602(g)(2), 603(g)(2) of the Act.
104 The list of critical infrastructure sectors provided in the Interim Final Rule is based on the list of
essential workers under The Heroes Act, H.R. 6800, 116th Cong. (2020).
48
Final Rule provides that any premium pay or grants provided using the Fiscal Recovery Funds
should prioritize compensation of those lower income eligible workers that perform essential
work.
As such, providing premium pay to eligible workers responds to such workers by helping
address the disparity between the critical services and risks taken by essential workers and the
relatively low compensation they tend to receive in exchange. If premium pay would increase a
worker’s total pay above 150 percent of their residing state’s average annual wage for all
occupations, as defined by the Bureau of Labor Statistics’ Occupational Employment and Wage
Statistics, or their residing county’s average annual wage, as defined by the Bureau of Labor
Statistics’ Occupational Employment and Wage Statistics, whichever is higher, on an annual
basis, the State, local, or Tribal government must provide Treasury and make publicly available,
whether for themselves or on behalf of a grantee, a written justification of how the premium pay
or grant is responsive to workers performing essential worker during the public health
emergency.105
The threshold of 150 percent for requiring additional written justification is based on an
analysis of the distribution of labor income for a sample of 20 occupations that generally
correspond to the essential workers as defined in the Interim Final Rule.106 For these
105 County median annual wage is taken to be that of the metropolitan or nonmetropolitan area that
includes the county. See U.S. Bureau of Labor Statistics, State Occupational Employment and Wage
Estimates, https://www.bls.gov/oes/current/oessrcst.htm (last visited May 1, 2021); U.S. Bureau of Labor
Statistics, May 2020 Metropolitan and Nonmetropolitan Area Estimates listed by county or town,
https://www.bls.gov/oes/current/county_links.htm (last visited May 1, 2021).
106 Treasury performed this analysis with data from the U.S. Census Bureau’s 2019 Annual Social and
Economic Supplement. In determining which occupations to include in this analysis, Treasury excluded
management and supervisory positions, as such positions may not necessarily involve regular in-person
interactions or physical handling of items to the same extent as non-managerial positions.
49
occupations, labor income for the vast majority of workers was under 150 percent of average
annual labor income across all occupations. Treasury anticipates that the threshold of
150 percent of the annual average wage will be greater than the annual average wage of the vast
majority of eligible workers performing essential work. These enhanced reporting requirements
help to ensure grants are directed to essential workers in critical infrastructure sectors and
responsive to the impacts of the pandemic observed among essential workers, namely the mis-
alignment between health risks and compensation. Enhanced reporting also provides
transparency to the public. Finally, using a localized measure reflects differences in wages and
cost of living across the country, making this standard administrable and reflective of essential
worker incomes across a diverse range of geographic areas.
Furthermore, because premium pay is intended to compensate essential workers for
heightened risk due to COVID-19, it must be entirely additive to a worker’s regular rate of
wages and other remuneration and may not be used to reduce or substitute for a worker’s normal
earnings. The definition of premium pay also clarifies that premium pay may be provided
retrospectively for work performed at any time since the start of the COVID-19 public health
emergency, where those workers have yet to be compensated adequately for work previously
performed.107 Treasury encourages recipients to prioritize providing retrospective premium pay
where possible, recognizing that many essential workers have not yet received additional
compensation for work conducted over the course of many months. Essential workers who have
already earned premium pay for essential work performed during the COVID-19 public health
107 However, such compensation must be “in addition to” remuneration or wages already received. That
is, employers may not reduce such workers’ current pay and use Fiscal Recovery Funds to compensate
themselves for premium pay previously provided to the worker.
50
emergency remain eligible for additional payments, and an essential worker may receive both
retrospective premium pay for prior work as well as prospective premium pay for current or
ongoing work.
To ensure any grants respond to the needs of essential workers and are made in a fair and
transparent manner, the rule imposes some additional reporting requirements for grants to third-
party employers, including the public disclosure of grants provided. See Section VIII of this
Supplementary Information, discussing reporting requirements. In responding to the needs of
essential workers, a grant to an employer may provide premium pay to eligible workers
performing essential work, as these terms are defined in the Interim Final Rule and discussed
above. A grant provided to an employer may also be for essential work performed by eligible
workers pursuant to a contract. For example, if a municipality contracts with a third party to
perform sanitation work, the third-party contractor could be eligible to receive a grant to provide
premium pay for these eligible workers.
Question 10: Are there additional sectors beyond those listed in the Interim Final Rule
that should be considered essential critical infrastructure sectors?
Question 11: What, if any, additional criteria should Treasury consider to ensure that
premium pay responds to essential workers?
Question 12: What consideration, if any, should be given to the criteria on salary
threshold, including measure and level, for requiring written justification?
C. Revenue Loss
Recipients may use payments from the Fiscal Recovery Funds for the provision of
government services to the extent of the reduction in revenue experienced due to the COVID-19
51
public health emergency.108 Pursuant to sections 602(c)(1)(C) and 603(c)(1)(C) of the Act, a
recipient’s reduction in revenue is measured relative to the revenue collected in the most recent
full fiscal year prior to the emergency.
Many State, local, and Tribal governments are experiencing significant budget shortfalls,
which can have a devastating impact on communities. State government tax revenue from major
sources were down 4.3 percent in the six months ended September 2020, relative to the same
period 2019.109 At the local level, nearly 90 percent of cities have reported being less able to
meet the fiscal needs of their communities and, on average, cities expect a double-digit decline in
general fund revenues in their fiscal year 2021.110 Similarly, surveys of Tribal governments and
Tribal enterprises found majorities of respondents reporting substantial cost increases and
revenue decreases, with Tribal governments reporting reductions in healthcare, housing, social
services, and economic development activities as a result of reduced revenues.111 These budget
shortfalls are particularly problematic in the current environment, as State, local, and Tribal
governments work to mitigate and contain the COVID-19 pandemic and help citizens weather
the economic downturn.
108 ARPA, supra note 16.
109 Major sources include personal income tax, corporate income tax, sales tax, and property tax. See Lucy
Dadayan., States Reported Revenue Growth in July- – September Quarter, Reflecting Revenue Shifts
from the Prior Quarter, State Tax and Econ. Rev. (Q. 3, 2020), available at
https://www.urban.org/sites/default/files/publication/103938/state-tax-and-economic-review-2020-
q3_0.pdf
110 National League of Cities, City Fiscal Conditions (2020), available at https://www.nlc.org/wp-
content/uploads/2020/08/City_Fiscal_Conditions_2020_FINAL.pdf
111 Surveys conducted by the Center for Indian Country Development at the Federal Reserve Bank of
Minneapolis in March, April, and September 2020. See Moreno & Sobrepena, supra note 73.
52
Further, State, local, and Tribal government budgets affect the broader economic
recovery. During the period following the 2007-2009 recession, State and local government
budget pressures led to fiscal austerity that was a significant drag on the overall economic
recovery.112 Inflation-adjusted State and local government revenue did not return to the previous
peak until 2013,113 while State, local, and Tribal government employment did not recover to its
prior peak for over a decade, until August 2019 – just a few months before the COVID-19 public
health emergency began.114
Sections 602(c)(1)(C) and 603(c)(1)(C) of the Act allow recipients facing budget
shortfalls to use payments from the Fiscal Recovery Funds to avoid cuts to government services
and, thus, enable State, local, and Tribal governments to continue to provide valuable services
and ensure that fiscal austerity measures do not hamper the broader economic recovery. The
Interim Final Rule implements these provisions by establishing a definition of “general revenue”
for purposes of calculating a loss in revenue and by providing a methodology for calculating
revenue lost due to the COVID-19 public health emergency.
112 See, e.g., Fitzpatrick, Haughwout & Setren, Fiscal Drag from the State and Local Sector?, Liberty
Street Economics Blog, Federal Reserve Bank of New York (June 27, 2012),
https://www.libertystreeteconomics.newyorkfed.org/2012/06/fiscal-drag-from-the-state-and-local-
sector.html; Jiri Jonas, Great Recession and Fiscal Squeeze at U.S. Subnational Government Level, IMF
Working Paper 12/184, (July 2012), available at
https://www.imf.org/external/pubs/ft/wp/2012/wp12184.pdf; Gordon, supra note 9.
113 State and local government general revenue from own sources, adjusted for inflation using the GDP
price index. U.S. Census Bureau, Annual Survey of State Government Finances and U.S. Bureau of
Economic Analysis, National Income and Product Accounts,
114 U.S. Bureau of Labor Statistics, All Employees, State Government [CES9092000001] and All
Employees, Local Government [CES9093000001], retrieved from FRED, Federal Reserve Bank of St.
Louis, https://fred.stlouisfed.org/series/CES9092000001 and
https://fred.stlouisfed.org/series/CES9093000001 (last visited Apr. 27, 2021).
53
General Revenue. The Interim Final Rule adopts a definition of “general revenue” based
largely on the components reported under “General Revenue from Own Sources” in the Census
Bureau’s Annual Survey of State and Local Government Finances, and for purposes of this
Interim Final Rule, helps to ensure that the components of general revenue would be calculated
in a consistent manner.115 By relying on a methodology that is both familiar and comprehensive,
this approach minimizes burden to recipients and provides consistency in the measurement of
general revenue across a diverse set of recipients.
The Interim Final Rule defines the term “general revenue” to include revenues collected
by a recipient and generated from its underlying economy and would capture a range of different
types of tax revenues, as well as other types of revenue that are available to support government
services.116 In calculating revenue, recipients should sum across all revenue streams covered as
general revenue. This approach minimizes the administrative burden for recipients, provides for
greater consistency across recipients, and presents a more accurate representation of the overall
impact of the COVID-19 public health emergency on a recipient’s revenue, rather than relying
115 U.S. Census Bureau, Annual Survey of State and Local Government Finances,
https://www.census.gov/programs-surveys/gov-finances.html (last visited Apr. 30, 2021).
116 The Interim Final Rule would define tax revenue in a manner consistent with the Census Bureau’s
definition of tax revenue, with certain changes (i.e., inclusion of revenue from liquor stores and certain
intergovernmental transfers). Current charges are defined as “charges imposed for providing current
services or for the sale of products in connection with general government activities.” It includes
revenues such as public education institution, public hospital, and toll revenues. Miscellaneous general
revenue comprises of all other general revenue of governments from their own sources (i.e., other than
liquor store, utility, and insurance trust revenue), including rents, royalties, lottery proceeds, and fines.
54
on financial reporting prepared by each recipient, which vary in methodology used and which
generally aggregates revenue by purpose rather than by source.117
Consistent with the Census Bureau’s definition of “general revenue from own sources,”
the definition of general revenue in the Interim Final Rule would exclude refunds and other
correcting transactions, proceeds from issuance of debt or the sale of investments, and agency or
private trust transactions. The definition of general revenue also would exclude revenue
generated by utilities and insurance trusts. In this way, the definition of general revenue focuses
on sources that are generated from economic activity and are available to fund government
services, rather than a fund or administrative unit established to account for and control a
particular activity.118 For example, public utilities typically require financial support from the
State, local, or Tribal government, rather than providing revenue to such government, and any
revenue that is generated by public utilities typically is used to support the public utility’s
continued operation, rather than being used as a source of revenue to support government
services generally.
The definition of general revenue would include all revenue from Tribal enterprises, as
this revenue is generated from economic activity and is available to fund government services.
Tribes are not able to generate revenue through taxes in the same manner as State and local
governments and, as a result, Tribal enterprises are critical sources of revenue for Tribal
117 Fund-oriented reporting, such as what is used under the Governmental Accounting Standards Board
(GASB), focuses on the types of uses and activities funded by the revenue, as opposed to the economic
activity from which the revenue is sourced. See Governmental Accounting Standards Series, Statement
No. 54 of the Governmental Accounting Standards Board: Fund Balance Reporting and Governmental
Fund Type Definitions, No. 287-B (Feb. 2009).
118 Supra note 116.
55
governments that enable Tribal governments to provide a range of services, including elder care,
health clinics, wastewater management, and forestry.
Finally, the term “general revenue” includes intergovernmental transfers between State
and local governments, but excludes intergovernmental transfers from the Federal government,
including Federal transfers made via a State to a local government pursuant to the CRF or as part
of the Fiscal Recovery Funds. States and local governments often share or collect revenue on
behalf of one another, which results in intergovernmental transfers. When attributing revenue to
a unit of government, the Census Bureau’s methodology considers which unit of government
imposes, collects, and retains the revenue and assigns the revenue to the unit of government that
meets at least two of those three factors.119 For purposes of measuring loss in general revenue
due to the COVID-19 public health emergency and to better allow continued provision of
government services, the retention and ability to use the revenue is a more critical factor.
Accordingly, and to better measure the funds available for the provision of government services,
the definition of general revenue would include intergovernmental transfers from States or local
governments other than funds transferred pursuant to ARPA, CRF, or another Federal program.
This formulation recognizes the importance of State transfers for local government revenue.120
Calculation of Loss. In general, recipients will compute the extent of the reduction in
revenue by comparing actual revenue to a counterfactual trend representing what could have
been expected to occur in the absence of the pandemic. This approach measures losses in
119 U.S. Census Bureau, Government Finance and Employment Classification Manual (Dec. 2000),
https://www2.census.gov/govs/class/classfull.pdf
120 For example, in 2018, state transfers to localities accounted for approximately 27 percent of local
revenues. U.S. Census Bureau, Annual Survey of State and Local Government Finances, Table 1 (2018),
https://www.census.gov/data/datasets/2018/econ/local/public-use-datasets.html.
56
revenue relative to the most recent fiscal year prior to the COVID-19 public health emergency by
using the most recent pre-pandemic fiscal year as the starting point for estimates of revenue
growth absent the pandemic. In other words, the counterfactual trend starts with the last full
fiscal year prior to the COVID-19 public health emergency and then assumes growth at a
constant rate in the subsequent years. Because recipients can estimate the revenue shortfall at
multiple points in time throughout the covered period as revenue is collected, this approach
accounts for variation across recipients in the timing of pandemic impacts.121 Although revenue
may decline for reasons unrelated to the COVID-19 public health emergency, to minimize the
administrative burden on recipients and taking into consideration the devastating effects of the
COVID-19 public health emergency, any diminution in actual revenues relative to the
counterfactual pre-pandemic trend would be presumed to have been due to the COVID-19 public
health emergency.
For purposes of measuring revenue growth in the counterfactual trend, recipients may use
a growth adjustment of either 4.1 percent per year or the recipient’s average annual revenue
growth over the three full fiscal years prior to the COVID-19 public health emergency,
whichever is higher. The option of 4.1 percent represents the average annual growth across all
State and local government “General Revenue from Own Sources” in the most recent three years
121 For example, following the 2007-09 recession, local government property tax collections did not begin
to decline until 2011, suggesting that property tax collection declines can lag downturns. See U.S. Bureau
of Economic Analysis, Personal current taxes: State and local: Property taxes [S210401A027NBEA],
retrieved from Federal Reserve Economic Data, Federal Reserve Bank of St. Louis,
https://fred.stlouisfed.org/graph/?g=r3YI (last visited Apr. 22, 2021). Estimating the reduction in revenue
at points throughout the covered period will allow for this type of lagged effect to be taken into account
during the covered period.
57
of available data.122 This approach provides recipients with a standardized growth adjustment
when calculating the counterfactual revenue trend and thus minimizes administrative burden,
while not disadvantaging recipients with revenue growth that exceeded the national average prior
to the COVID-19 public health emergency by permitting these recipients to use their own
revenue growth rate over the preceding three years.
Recipients should calculate the extent of the reduction in revenue as of four points in
time: December 31, 2020; December 31, 2021; December 31, 2022; and December 31, 2023.
To calculate the extent of the reduction in revenue at each of these dates, recipients should
follow a four-step process:
• Step 1: Identify revenues collected in the most recent full fiscal year prior to the
public health emergency (i.e., last full fiscal year before January 27, 2020), called
the base year revenue.
• Step 2: Estimate counterfactual revenue, which is equal to base year revenue *
[(1 + growth adjustment) ^( n/12)], where n is the number of months elapsed since
the end of the base year to the calculation date, and growth adjustment is the
greater of 4.1 percent and the recipient’s average annual revenue growth in the
three full fiscal years prior to the COVID-19 public health emergency.
• Step 3: Identify actual revenue, which equals revenues collected over the past
twelve months as of the calculation date.
122 Together with revenue from liquor stores from 2015 to 2018. This estimate does not include any
intergovernmental transfers. A recipient using the three-year average to calculate their growth adjustment
must be based on the definition of general revenue, including treatment of intergovernmental transfers.
2015 – 2018 represents the most recent available data. See U.S. Census Bureau, State & Local
Government Finance Historical Datasets and Tables (2018), https://www.census.gov/programs-
surveys/gov-finances/data/datasets.html.
58
c:::::::::J ---+--
------
-------
---
• Step 4: The extent of the reduction in revenue is equal to counterfactual revenue
less actual revenue. If actual revenue exceeds counterfactual revenue, the extent
of the reduction in revenue is set to zero for that calculation date.
For illustration, consider a hypothetical recipient with base year revenue equal to 100. In
Step 2, the hypothetical recipient finds that 4.1 percent is greater than the recipient’s average
annual revenue growth in the three full fiscal years prior to the public health emergency.
Furthermore, this recipient’s base year ends June 30. In this illustration, n (months elapsed) and
counterfactual revenue would be equal to:
As of: 12/31/2020 12/31/2021 12/31/2022 12/31/2023
n (months
elapsed) 18 30 42 54
Counterfactual
revenue: 106.2 110.6 115.1 119.8
The overall methodology for calculating the reduction in revenue is illustrated in the
figure below:
140 Base year revenue
Extent of reduction in revenue
130 Actual revenue (last twelve months)
Counterfactual revenue 120
110
100
90
80
59
Upon receiving Fiscal Recovery Fund payments, recipients may immediately calculate revenue
loss for the period ending December 31, 2020.
Sections 602(c)(1)(C) and 603(c)(1)(C) of the Act provide recipients with broad latitude to
use the Fiscal Recovery Funds for the provision of government services. Government services
can include, but are not limited to, maintenance or pay-go funded building 123 of infrastructure,
including roads; modernization of cybersecurity, including hardware, software, and protection of
critical infrastructure; health services; environmental remediation; school or educational
services; and the provision of police, fire, and other public safety services. However, expenses
associated with obligations under instruments evidencing financial indebtedness for borrowed
money would not be considered the provision of government services, as these financing
expenses do not directly provide services or aid to citizens. Specifically, government services
would not include interest or principal on any outstanding debt instrument, including, for
example, short-term revenue or tax anticipation notes, or fees or issuance costs associated with
the issuance of new debt. For the same reasons, government services would not include
satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment,
consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or
regulatory proceeding, except if the judgment or settlement required the provision of government
services. That is, satisfaction of a settlement or judgment itself is not a government service,
unless the settlement required the provision of government services. In addition, replenishing
financial reserves (e.g., rainy day or other reserve funds) would not be considered provision of a
123 Pay-go infrastructure funding refers to the practice of funding capital projects with cash-on-hand from
taxes, fees, grants, and other sources, rather than with borrowed sums.
60
government service, since such expenses do not directly relate to the provision of government
services.
Question 13: Are there sources of revenue that either should or should not be included in
the Interim Final Rule’s measure of “general revenue” for recipients? If so, discuss why these
sources either should or should not be included.
Question 14: In the Interim Final Rule, recipients are expected to calculate the reduction
in revenue on an aggregate basis. Discuss the advantages and disadvantages of, and any
potential concerns with, this approach, including circumstances in which it could be necessary
or appropriate to calculate the reduction in revenue by source.
Question 15: Treasury is considering whether to take into account other factors,
including actions taken by the recipient as well as the expiration of the COVID-19 public health
emergency, in determining whether to presume that revenue losses are “due to” the COVID-19
public health emergency. Discuss the advantages and disadvantages of this presumption,
including when, if ever, during the covered period it would be appropriate to reevaluate the
presumption that all losses are attributable to the COVID-19 public health emergency.
Question 16: Do recipients anticipate lagged revenue effects of the public health
emergency? If so, when would these lagged effects be expected to occur, and what can Treasury
to do support these recipients through its implementation of the program?
Question 17: In the Interim Final Rule, paying interest or principal on government debt
is not considered provision of a government service. Discuss the advantages and disadvantages of
this approach, including circumstances in which paying interest or principal on government debt
could be considered provision of a government service.
61
D. Investments in Infrastructure
To assist in meeting the critical need for investments and improvements to existing
infrastructure in water, sewer, and broadband, the Fiscal Recovery Funds provide funds to State,
local, and Tribal governments to make necessary investments in these sectors. The Interim Final
Rule outlines eligible uses within each category, allowing for a broad range of necessary
investments in projects that improve access to clean drinking water, improve wastewater and
stormwater infrastructure systems, and provide access to high-quality broadband service.
Necessary investments are designed to provide an adequate minimum level of service and are
unlikely to be made using private sources of funds. Necessary investments include projects that
are required to maintain a level of service that, at least, meets applicable health-based standards,
taking into account resilience to climate change, or establishes or improves broadband service to
unserved or underserved populations to reach an adequate level to permit a household to work or
attend school, and that are unlikely to be met with private sources of funds.124
It is important that necessary investments in water, sewer, or broadband infrastructure be
carried out in ways that produce high-quality infrastructure, avert disruptive and costly delays,
and promote efficiency. Treasury encourages recipients to ensure that water, sewer, and
broadband projects use strong labor standards, including project labor agreements and
community benefits agreements that offer wages at or above the prevailing rate and include local
hire provisions, not only to promote effective and efficient delivery of high-quality infrastructure
projects but also to support the economic recovery through strong employment opportunities for
workers. Using these practices in construction projects may help to ensure a reliable supply of
124 Treasury notes that using funds to support or oppose collective bargaining would not be included as
part of “necessary investments in water, sewer, or broadband infrastructure.”
62
skilled labor that would minimize disruptions, such as those associated with labor disputes or
workplace injuries.
To provide public transparency on whether projects are using practices that promote on-
time and on-budget delivery, Treasury will seek information from recipients on their workforce
plans and practices related to water, sewer, and broadband projects undertaken with Fiscal
Recovery Funds. Treasury will provide additional guidance and instructions on the reporting
requirements at a later date.
1. Water and Sewer Infrastructure
The ARPA provides funds to State, local, and Tribal governments to make necessary
investments in water and sewer infrastructure.125 By permitting funds to be used for water and
sewer infrastructure needs, Congress recognized the critical role that clean drinking water and
services for the collection and treatment of wastewater and stormwater play in protecting public
health. Understanding that State, local, and Tribal governments have a broad range of water and
sewer infrastructure needs, the Interim Final Rule provides these governments with wide latitude
to identify investments in water and sewer infrastructure that are of the highest priority for their
own communities, which may include projects on privately-owned infrastructure. The Interim
Final Rule does this by aligning eligible uses of the Fiscal Recovery Funds with the wide range
of types or categories of projects that would be eligible to receive financial assistance through
the Environmental Protection Agency’s (EPA) Clean Water State Revolving Fund (CWSRF) or
Drinking Water State Revolving Fund (DWSRF).126
125 §§ 602(c)(1)(D), 603(c)(1)(D) of the Act.
126 Environmental Protection Agency, Drinking Water State Revolving fund, https://www.epa.gov/dwsrf
(last visited Apr. 30, 2021); Environmental Protection Agency, Clean Water State Revolving Fund,
https://www.epa.gov/cwsrf (last visited Apr. 30, 2021).
63
Established by the 1987 amendments 127 to the Clean Water Act (CWA),128 the CWSRF
provides financial assistance for a wide range of water infrastructure projects to improve water
quality and address water pollution in a way that enables each State to address and prioritize the
needs of their populations. The types of projects eligible for CWSRF assistance include projects
to construct, improve, and repair wastewater treatment plants, control non-point sources of
pollution, improve resilience of infrastructure to severe weather events, create green
infrastructure, and protect waterbodies from pollution.129 Each of the 51 State programs
established under the CWSRF have the flexibility to direct funding to their particular
environmental needs, and each State may also have its own statutes, rules, and regulations that
guide project eligibility.130
127 Water Quality Act of 1987, P.L. 100-4.
128 Federal Water Pollution Control Act as amended, codified at 33 U.S.C. §§ 1251 et. seq., common
name (Clean Water Act). In 2009, the American Recovery and Reinvestment Act created the Green
Project Reserve, which increased the focus on green infrastructure, water and energy efficient, and
environmentally innovative projects. P.L. 111-5. The CWA was amended by the Water Resources
Reform and Development Act of 2014 to further expand the CWSRF’s eligibilities. P.L. 113-121. The
CWSRF’s eligibilities were further expanded in 2018 by the America’s Water Infrastructure Act of 2018,
P.L. 115-270.
129 See Environmental Protection Agency, The Drinking Water State Revolving Funds: Financing
America’s Drinking Water, EPA-816-R-00-023 (Nov. 2000),
https://nepis.epa.gov/Exe/ZyPDF.cgi/200024WB.PDF?Dockey=200024WB.PDF; See also
Environmental Protection Agency, Learn About the Clean Water State Revolving Fund,
https://www.epa.gov/cwsrf/learn-about-clean-water-state-revolving-fund-cwsrf (last visited Apr. 30,
2021).
130 33 U.S.C. § 1383(c). See also Environmental Protection Agency, Overview of Clean Water State
Revolving Fund Eligibilities(May 2016), https://www.epa.gov/sites/production/files/2016-
07/documents/overview_of_cwsrf_eligibilities_may_2016.pdf; Claudia Copeland, Clean Water Act: A
Summary of the Law, Congressional Research Service (Oct. 18, 2016),
https://fas.org/sgp/crs/misc/RL30030.pdf; Jonathan L Ramseur, Wastewater Infrastructure: Overview,
Funding, and Legislative Developments, Congressional Research Service (May 22, 2018),
https://fas.org/sgp/crs/misc/R44963.pdf.
64
The DWSRF was modeled on the CWSRF and created as part of the 1996 amendments to
the Safe Drinking Water Act (SDWA),131 with the principal objective of helping public water
systems obtain financing for improvements necessary to protect public health and comply with
drinking water regulations.132 Like the CWSRF, the DWSRF provides States with the flexibility
to meet the needs of their populations.133 The primary use of DWSRF funds is to assist
communities in making water infrastructure capital improvements, including the installation and
replacement of failing treatment and distribution systems.134 In administering these programs,
States must give priority to projects that ensure compliance with applicable health and
environmental safety requirements; address the most serious risks to human health; and assist
systems most in need on a per household basis according to State affordability criteria.135
By aligning use of Fiscal Recovery Funds with the categories or types of eligible projects
under the existing EPA state revolving fund programs, the Interim Final Rule provides recipients
with the flexibility to respond to the needs of their communities while ensuring that investments
in water and sewer infrastructure made using Fiscal Recovery Funds are necessary. As discussed
above, the CWSRF and DWSRF were designed to provide funding for projects that protect
public health and safety by ensuring compliance with wastewater and drinking water health
131 42 U.S.C. 300j-12.
132 Environmental Protection Agency, Drinking Water State Revolving Fund Eligibility Handbook, (June
2017), https://www.epa.gov/sites/production/files/2017-
06/documents/dwsrf_eligibility_handbook_june_13_2017_updated_508_version.pdf; Environmental
Protection Agency, Drinking Water Infrastructure Needs Survey and Assessment: Sixth Report to
Congress (March 2018), https://www.epa.gov/sites/production/files/2018-
10/documents/corrected_sixth_drinking_water_infrastructure_needs_survey_and_assessment.pdf “.
133 Id.
134 Id.
135 42 U.S.C. 300j-12(b)(3)(A).
65
standards.136 The need to provide funding through the state revolving funds suggests that these
projects are less likely to be addressed with private sources of funding; for example, by
remediating failing or inadequate infrastructure, much of which is publicly owned, and by
addressing non-point sources of pollution. This approach of aligning with the EPA state
revolving fund programs also supports expedited project identification and investment so that
needed relief for the people and communities most affected by the pandemic can deployed
expeditiously and have a positive impact on their health and wellbeing as soon as possible.
Further, the Interim Final Rule is intended to preserve flexibility for award recipients to direct
funding to their own particular needs and priorities and would not preclude recipients from
applying their own additional project eligibility criteria.
In addition, responding to the immediate needs of the COVID-19 public health
emergency may have diverted both personnel and financial resources from other State, local, and
Tribal priorities, including projects to ensure compliance with applicable water health and
quality standards and provide safe drinking and usable water.137 Through sections 602(c)(1)(D)
and 603(c)(1)(D), the ARPA provides resources to address these needs. Moreover, using Fiscal
Recovery Funds in accordance with the priorities of the CWA and SWDA to “assist systems
most in need on a per household basis according to state affordability criteria” would also have
136 Environmental Protection Agency, Learn About the Clean Water State Revolving Fund,
https://www.epa.gov/cwsrf/learn-about-clean-water-state-revolving-fund-cwsrf (last visited Apr. 30,
2021); 42 U.S.C. 300j-12.
137 House Committee on the Budget, State and Local Governments are in Dire Need of Federal Relief
(Aug. 19, 2020), https://budget.house.gov/publications/report/state-and-local-governments-are-dire-need-
federal-relief.
66
the benefit of providing vulnerable populations with safe drinking water that is critical to their
health and, thus, their ability to work and learn.138
Recipients may use Fiscal Recovery Funds to invest in a broad range of projects that
improve drinking water infrastructure, such as building or upgrading facilities and transmission,
distribution, and storage systems, including replacement of lead service lines. Given the lifelong
impacts of lead exposure for children, and the widespread nature of lead service lines, Treasury
encourages recipients to consider projects to replace lead service lines.
Fiscal Recovery Funds may also be used to support the consolidation or establishment of
drinking water systems. With respect to wastewater infrastructure, recipients may use Fiscal
Recovery Funds to construct publicly owned treatment infrastructure, manage and treat
stormwater or subsurface drainage water, facilitate water reuse, and secure publicly owned
treatment works, among other uses. Finally, consistent with the CWSRF and DWSRF, Fiscal
Recovery Funds may be used for cybersecurity needs to protect water or sewer infrastructure,
such as developing effective cybersecurity practices and measures at drinking water systems and
publicly owned treatment works.
Many of the types of projects eligible under either the CWSRF or DWSRF also support
efforts to address climate change. For example, by taking steps to manage potential sources of
pollution and preventing these sources from reaching sources of drinking water, projects eligible
under the DWSRF and the ARPA may reduce energy required to treat drinking water. Similarly,
138 Environmental Protection Agency, Drinking Water State Revolving Fund (Nov. 2019),
https://www.epa.gov/sites/production/files/2019-11/documents/fact_sheet_-
_dwsrf_overview_final_0.pdf; Environmental Protection Agency, National Benefits Analysis for
Drinking Water Regulations, https://www.epa.gov/sdwa/national-benefits-analysis-drinking-water-
regulations (last visited Apr. 30, 2020).
67
projects eligible under the CWSRF include measures to conserve and reuse water or reduce the
energy consumption of public water treatment facilities. Treasury encourages recipients to
consider green infrastructure investments and projects to improve resilience to the effects of
climate change. For example, more frequent and extreme precipitation events combined with
construction and development trends have led to increased instances of stormwater runoff, water
pollution, and flooding. Green infrastructure projects that support stormwater system resiliency
could include rain gardens that provide water storage and filtration benefits, and green streets,
where vegetation, soil, and engineered systems are combined to direct and filter rainwater from
impervious surfaces. In cases of a natural disaster, recipients may also use Fiscal Recovery
Funds to provide relief, such as interconnecting water systems or rehabilitating existing wells
during an extended drought.
Question 18: What are the advantages and disadvantages of aligning eligible uses with
the eligible project type requirements of the DWSRF and CWSRF? What other water or sewer
project categories, if any, should Treasury consider in addition to DWSRF and CWSRF eligible
projects? Should Treasury consider a broader general category of water and sewer projects?
Question 19: What additional water and sewer infrastructure categories, if any, should
Treasury consider to address and respond to the needs of unserved, undeserved, or rural
communities? How do these projects differ from DWSFR and CWSRF eligible projects?
Question 20: What new categories of water and sewer infrastructure, if any, should
Treasury consider to support State, local, and Tribal governments in mitigating the negative
impacts of climate change? Discuss emerging technologies and processes that support resiliency
of water and sewer infrastructure. Discuss any challenges faced by States and local
governments when pursuing or implementing climate resilient infrastructure projects.
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Question 21: Infrastructure projects related to dams and reservoirs are generally not
eligible under the CWSRF and DWSRF categories. Should Treasury consider expanding eligible
infrastructure under the Interim Final Rule to include dam and reservoir projects? Discuss
public health, environmental, climate, or equity benefits and costs in expanding the eligibility to
include these types of projects.
2. Broadband Infrastructure.
The COVID-19 public health emergency has underscored the importance of universally
available, high-speed, reliable, and affordable broadband coverage as millions of Americans rely
on the internet to participate in, among critical activities, remote school, healthcare, and work.
Recognizing the need for such connectivity, the ARPA provides funds to State, territorial, local,
and Tribal governments to make necessary investments in broadband infrastructure.
The National Telecommunications and Information Administration (NTIA) highlighted
the growing necessity of broadband in daily lives through its analysis of NTIA Internet Use
Survey data, noting that Americans turn to broadband Internet access service for every facet of
daily life including work, study, and healthcare.139 With increased use of technology for daily
activities and the movement by many businesses and schools to operating remotely during the
pandemic, broadband has become even more critical for people across the country to carry out
their daily lives.
139 See, e.g., https://www.ntia.gov/blog/2020/more-half-american-households-used-internet-health-
related-activities-2019-ntia-data-show; https://www.ntia.gov/blog/2020/nearly-third-american-employees-
worked-remotely-2019-ntia-data-show; and generally, https://www.ntia.gov/data/digital-nation-data-
explorer.
69
By at least one measure, however, tens of millions of Americans live in areas where there
is no broadband infrastructure that provides download speeds greater than 25 Mbps and upload
speeds of 3 Mbps.140 By contrast, as noted below, many households use upload and download
speeds of 100 Mbps to meet their daily needs. Even in areas where broadband infrastructure
exists, broadband access may be out of reach for millions of Americans because it is
unaffordable, as the United States has some of the highest broadband prices in the Organisation
for Economic Co-operation and Development (OECD).141 There are disparities in availability as
well; historically, Americans living in territories and Tribal lands as well as rural areas have
disproportionately lacked sufficient broadband infrastructure.142 Moreover, rapidly growing
demand has, and will likely continue to, quickly outpace infrastructure capacity, a phenomenon
acknowledged by various states around the country that have set scalability requirements to
account for this anticipated growth in demand.143
140 As an example, data from the Federal Communications Commission shows that as of June 2020,
9.07 percent of the U.S. population had no available cable or fiber broadband providers providing greater
than 25 Mbps download speeds and 3 Mbps upload speeds. Availability was significantly less for rural
versus urban populations, with 35.57 percent of the rural population lacking such access, compared with
2.57 percent of the urban population. Availability was also significantly less for tribal versus non-tribal
populations, with 35.93 percent of the tribal population lacking such access, compared with 8.74 of the
non-tribal population. Federal Communications Commission, Fixed Broadband Deployment,
https://broadbandmap.fcc.gov/#/ (last visited May 9, 2021).
141 How Do U.S. Internet Costs Compare To The Rest Of The World?, BroadbandSearch Blog Post,
available at https://www.broadbandsearch.net/blog/internet-costs-compared-worldwide.
142 See, e.g., Federal Communications Commission, Fourteenth Broadband Deployment Report, available
at https://docs.fcc.gov/public/attachments/FCC-21-18A1.pdf.
143 See, e.g., Illinois Department of Commerce & Economic Opportunity, Broadband Grants, h (last
visited May 9, 2021), https://www2.illinois.gov/dceo/ConnectIllinois/Pages/BroadbandGrants.aspx;
Kansas Office of Broadband Development, Broadband Acceleration Grant,
https://www.kansascommerce.gov/wp-content/uploads/2020/11/Broadband-Acceleration-Grant.pdf (last
visited May 9, 2021); New York State Association of Counties, Universal Broadband: Deploying High
Speed Internet Access in NYS (Jul. 2017),
https://www.nysac.org/files/BroadbandUpdateReport2017(1).pdf.
70
The Interim Final Rule provides that eligible investments in broadband are those that are
designed to provide services meeting adequate speeds and are provided to unserved and
underserved households and businesses. Understanding that States, territories, localities, and
Tribal governments have a wide range of varied broadband infrastructure needs, the Interim
Final Rule provides award recipients with flexibility to identify the specific locations within their
communities to be served and to otherwise design the project.
Under the Interim Final Rule, eligible projects are expected to be designed to deliver,
upon project completion, service that reliably meets or exceeds symmetrical upload and
download speeds of 100 Mbps. There may be instances in which it would not be practicable for
a project to deliver such service speeds because of the geography, topography, or excessive costs
associated with such a project. In these instances, the affected project would be expected to be
designed to deliver, upon project completion, service that reliably meets or exceeds 100 Mbps
download and between at least 20 Mbps and 100 Mbps upload speeds and be scalable to a
minimum of 100 Mbps symmetrical for download and upload speeds.144 In setting these
standards, Treasury identified speeds necessary to ensure that broadband infrastructure is
sufficient to enable users to generally meet household needs, including the ability to support the
simultaneous use of work, education, and health applications, and also sufficiently robust to meet
increasing household demands for bandwidth. Treasury also recognizes that different
communities and their members may have a broad range of internet needs and that those needs
may change over time.
144 This scalability threshold is consistent with scalability requirements used in other jurisdictions. Id.
71
In considering the appropriate speed requirements for eligible projects, Treasury
considered estimates of typical households demands during the pandemic. Using the Federal
Communication Commission’s (FCC) Broadband Speed Guide, for example, a household with
two telecommuters and two to three remote learners today are estimated to need 100 Mbps
download to work simultaneously.145 In households with more members, the demands may be
greater, and in households with fewer members, the demands may be less.
In considering the appropriate speed requirements for eligible projects, Treasury also
considered data usage patterns and how bandwidth needs have changed over time for U.S.
households and businesses as people’s use of technology in their daily lives has evolved. In the
few years preceding the pandemic, market research data showed that average upload speeds in
the United States surpassed over 10 Mbps in 2017 146 and continued to increase significantly,
with the average upload speed as of November, 2019 increasing to 48.41 Mbps,147 attributable,
in part to a shift to using broadband and the internet by individuals and businesses to create and
share content using video sharing, video conferencing, and other applications.148
The increasing use of data accelerated markedly during the pandemic as households
across the country became increasingly reliant on tools and applications that require greater
145 Federal Communications Commission, Broadband Speed Guide,
https://www.fcc.gov/consumers/guides/broadband-speed-guide (last visited Apr. 30, 2021).
146 Letter from Lisa R. Youngers, President and CEO of Fiber Broadband Association to FCC, WC
Docket No. 19-126 (filed Jan. 3, 2020), including an Appendix with research from RVA LLC, Data
Review Of The Importance of Upload Speeds (Jan. 2020), and Ookla speed test data, available at
https://ecfsapi.fcc.gov/file/101030085118517/FCC%20RDOF%20Jan%203%20Ex%20Parte.pdf.
Additional information on historic growth in data usage is provided in Schools, Health & Libraries
Broadband Coalition, Common Sense Solutions for Closing the Digital Divide, Apr. 29, 2021.
147 Id. See also United States's Mobile and Broadband Internet Speeds - Speedtest Global Index, available
at https://www.speedtest.net/global-index/united-states#fixed.
148 Id.
72
internet capacity, both to download data but also to upload data. Sending information became as
important as receiving it. A video consultation with a healthcare provider or participation by a
child in a live classroom with a teacher and fellow students requires video to be sent and
received simultaneously.149 As an example, some video conferencing technology platforms
indicate that download and upload speeds should be roughly equal to support two-way,
interactive video meetings.150 For both work and school, client materials or completed school
assignments, which may be in the form of PDF files, videos, or graphic files, also need to be
shared with others. This is often done by uploading materials to a collaboration site, and the
upload speed available to a user can have a significant impact on the time it takes for the content
to be shared with others. 151 These activities require significant capacity from home internet
connections to both download and upload data, especially when there are multiple individuals in
one household engaging in these activities simultaneously.
This need for increased broadband capacity during the pandemic was reflected in
increased usage patterns seen over the last year. As OpenVault noted in recent advisories, the
pandemic significantly increased the amount of data users consume. Among data users observed
by OpenVault, per-subscriber average data usage for the fourth quarter of 2020 was
482.6 gigabytes per month, representing a 40 percent increase over the 344 gigabytes consumed
in the fourth quarter of 2019 and a 26 percent increase over the third quarter 2020 average of
149 One high definition Zoom meeting or class requires approximately 3.8 Mbps/3.0 Mbps (up/down).
150 See, e.g., Zoom, System Requirements for Windows, macOS, and Linux,
https://support.zoom.us/hc/en-us/articles/201362023-System-requirements-for-Windows-macOS-and-
Linux#h_d278c327-e03d-4896-b19a-96a8f3c0c69c (last visited May 8, 2021).
151 By one estimate, to upload a one gigabit video file to YouTube would take 15 minutes at an upload
speed of 10 Mbps compared with 1 minute, 30 seconds at an upload speed of 100 Mbps, and 30 seconds
at an upload speed of 300 Mbps. Reviews.org: What is Symmetrical Internet? (March 2020).
73
383.8 gigabytes.152 OpenVault also noted significant increases in upstream usage among the data
users it observed, with upstream data usage growing 63 percent – from 19 gigabytes to 31
gigabytes – between December, 2019 and December, 2020.153 According to an OECD
Broadband statistic from June 2020, the largest percentage of U.S. broadband subscribers have
services providing speeds between 100 Mbps and 1 Gbps.154
Jurisdictions and Federal programs are increasingly responding to the growing demands
of their communities for both heightened download and upload speeds. For example,
Illinois now requires 100 Mbps symmetrical service as the construction standard for its state
broadband grant programs. This standard is also consistent with speed levels, particularly
download speed levels, prioritized by other Federal programs supporting broadband projects.
Bids submitted as part of the FCC in its Rural Digital Opportunity Fund (RDOF), established to
support the construction of broadband networks in rural communities across the country, are
given priority if they offer faster service, with the service offerings of 100 Mbps download and
152 OVBI: Covid-19 Drove 15 percent Increase in Broadband Traffic in 2020, OpenVault, Quarterly
Advisory, (Feb. 10, 2021), available at https://openvault.com/ovbi-covid-19-drove-51-increase-in-
broadband-traffic-in-2020; See OpenVault’s data set incorporates information on usage by subscribers
across multiple continents, including North America and Europe. Additional data and detail on increases
in the amount of data users consume and the broadband speeds they are using is provided in OpenVault
Broadband Insights Report Q4, Quarterly Advisory (Feb. 10, 2021), available at
https://openvault.com/complimentary-report-4q20/.
153 OVBI Special Report: 202 Upstream Growth Nearly 4X of Pre-Pandemic Years, OpenVault, Quarterly
Advisory, (April 1, 20201), available at https://openvault.com/ovbi-special-report-2020-upstream-
growth-rate-nearly-4x-of-pre-pandemic-years/; Additional data is provided in OpenVault Broadband
Insights Pandemic Impact on Upstream Broadband Usage and Network Capacity, available at
https://openvault.com/upstream-whitepaper/.
154 Organisation for Economic Co-operation and Development, Fixed broadband subscriptions per 100
inhabitants, per speed tiers (June 2020), https://www.oecd.org/sti/broadband/5.1-FixedBB-SpeedTiers-
2020-06.xls www.oecd.org/sti/broadband/broadband-statistics.
74
20 Mbps upload being included in the “above baseline” performance tier set by the FCC.155 The
Broadband Infrastructure Program (BBIP)156 of the Department of Commerce, which provides
Federal funding to deploy broadband infrastructure to eligible service areas of the country also
prioritizes projects designed to provide broadband service with a download speed of not less than
100 Mbps and an upload speed of not less than 20 Mbps.157
The 100 Mbps upload and download speeds will support the increased and growing needs
of households and businesses. Recognizing that, in some instances, 100 Mbps upload speed may
be impracticable due to geographical, topographical, or financial constraints, the Interim Final
Rule permits upload speeds of between at least 20 Mbps and 100 Mbps in such instances. To
provide for investments that will accommodate technologies requiring symmetry in download
and upload speeds, as noted above, eligible projects that are not designed to deliver, upon project
completion, service that reliably meets or exceeds symmetrical speeds of 100 Mbps because it
would be impracticable to do so should be designed so that they can be scalable to such speeds.
Recipients are also encouraged to prioritize investments in fiber optic infrastructure where
feasible, as such advanced technology enables the next generation of application solutions for all
communities.
Under the Interim Final Rule, eligible projects are expected to focus on locations that are
unserved or underserved. The Interim Final Rule treats users as being unserved or underserved if
they lack access to a wireline connection capable of reliably delivering at least minimum speeds
155 Rural Digital Opportunity Fund, Report and Order, 35 FCC Rcd 686, 690, para. 9 (2020), available at
https://www.fcc.gov/document/fcc-launches-20-billion-rural-digital-opportunity-fund-0.
156 The BIPP was authorized by the Consolidated Appropriations Act, 2021, Section 905, Public Law
116-260, 134 Stat. 1182 (Dec. 27, 2020).
157 Section 905(d)(4) of the Consolidated Appropriations Act, 2021.
75
of 25 Mbps download and 3 Mbps upload as households and businesses lacking this level of
access are generally not viewed as being able to originate and receive high-quality voice, data,
graphics, and video telecommunications. This threshold is consistent with the FCC’s benchmark
for an “advanced telecommunications capability.”158 This threshold is also consistent with
thresholds used in other Federal programs to identify eligible areas to be served by programs to
improve broadband services. For example, in the FCC’s RDOF program, eligible areas include
those without current (or already funded) access to terrestrial broadband service providing
25 Mbps download and 3 Mbps upload speeds.159 The Department of Commerce’s BBIP also
considers households to be “unserved” generally if they lack access to broadband service with a
download speed of not less than 25 Mbps download and 3 Mbps upload, among other conditions.
In selecting an area to be served by a project, recipients are encouraged to avoid investing in
locations that have existing agreements to build reliable wireline service with minimum speeds
of 100 Mbps download and 20 Mbps upload by December 31, 2024, in order to avoid duplication
of efforts and resources.
Recipients are also encouraged to consider ways to integrate affordability options into
their program design. To meet the immediate needs of unserved and underserved households
and businesses, recipients are encouraged to focus on projects that deliver a physical broadband
connection by prioritizing projects that achieve last mile-connections. Treasury also encourages
recipients to prioritize support for broadband networks owned, operated by, or affiliated with
158 Deployment Report, supra note 142.
159 Rural Digital Opportunity Fund, supra note 156.
76
local governments, non-profits, and co-operatives—providers with less pressure to turn profits
and with a commitment to serving entire communities.
Under sections 602(c)(1)(A) and 603(c)(1)(A), assistance to households facing negative
economic impacts due to COVID-19 is also an eligible use, including internet access or digital
literacy assistance. As discussed above, in considering whether a potential use is eligible under
this category, a recipient must consider whether, and the extent to which, the household has
experienced a negative economic impact from the pandemic.
Question 22: What are the advantages and disadvantages of setting minimum
symmetrical download and upload speeds of 100 Mbps? What other minimum standards would
be appropriate and why?
Question 23: Would setting such a minimum be impractical for particular types of
projects? If so, where and on what basis should those projects be identified? How could such a
standard be set while also taking into account the practicality of using this standard in
particular types of projects? In addition to topography, geography, and financial factors, what
other constraints, if any, are relevant to considering whether an investment is impracticable?
Question 24: What are the advantages and disadvantages of setting a minimum level of
service at 100 Mbps download and 20 Mbps upload in projects where it is impracticable to set
minimum symmetrical download and upload speeds of 100 Mbps? What are the advantages and
disadvantages of setting a scalability requirement in these cases? What other minimum
standards would be appropriate and why?
Question 25: What are the advantages and disadvantages of focusing these investments
on those without access to a wireline connection that reliably delivers 25 Mbps download by
3 Mbps upload? Would another threshold be appropriate and why?
77
Question 26: What are the advantages and disadvantages of setting any particular
threshold for identifying unserved or underserved areas, minimum speed standards or scalability
minimum? Are there other standards that should be set (e.g., latency)? If so, why and
how? How can such threshold, standards, or minimum be set in a way that balances the public’s
interest in making sure that reliable broadband services meeting the daily needs of all Americans
are available throughout the country with the providing recipients flexibility to meet the varied
needs of their communities?
III. Restrictions on Use
As discussed above, recipients have considerable flexibility to use Fiscal Recovery Funds
to address the diverse needs of their communities. To ensure that payments from the Fiscal
Recovery Funds are used for these congressionally permitted purposes, the ARPA includes two
provisions that further define the boundaries of the statute’s eligible uses. Section 602(c)(2)(A)
of the Act provides that States and territories may not “use the funds … to either directly or
indirectly offset a reduction in … net tax revenue … resulting from a change in law, regulation,
or administrative interpretation during the covered period that reduces any tax … or delays the
imposition of any tax or tax increase.” In addition, sections 602(c)(2)(B) and 603(c)(2) prohibit
any recipient, including cities, nonentitlement units of government, and counties, from using
Fiscal Recovery Funds for deposit into any pension fund. These restrictions support the use of
funds for the congressionally permitted purposes described in Section II of this Supplementary
Information by providing a backstop against the use of funds for purposes outside of the eligible
use categories.
These provisions give force to Congress’s clear intent that Fiscal Recovery Funds be
spent within the four eligible uses identified in the statute—(1) to respond to the public health
78
emergency and its negative economic impacts, (2) to provide premium pay to essential workers,
(3) to provide government services to the extent of eligible governments’ revenue losses, and
(4) to make necessary water, sewer, and broadband infrastructure investments—and not
otherwise. These four eligible uses reflect Congress’s judgment that the Fiscal Recovery Funds
should be expended in particular ways that support recovery from the COVID-19 public health
emergency. The further restrictions reflect Congress’s judgment that tax cuts and pension
deposits do not fall within these eligible uses. The Interim Final Rule describes how Treasury
will identify when such uses have occurred and how it will recoup funds put toward these
impermissible uses and, as discussed in Section VIII of this Supplementary Information,
establishes a reporting framework for monitoring the use of Fiscal Recovery Funds for eligible
uses.
A. Deposit into Pension Funds
The statute provides that recipients may not use Fiscal Recovery Funds for “deposit into
any pension fund.” For the reasons discussed below, Treasury interprets “deposit” in this context
to refer to an extraordinary payment into a pension fund for the purpose of reducing an accrued,
unfunded liability. More specifically, the Interim Final Rule does not permit this assistance to be
used to make a payment into a pension fund if both:
1. the payment reduces a liability incurred prior to the start of the COVID-19 public health
emergency, and
2. the payment occurs outside the recipient’s regular timing for making such payments.
Under this interpretation, a “deposit” is distinct from a “payroll contribution,” which
occurs when employers make payments into pension funds on regular intervals, with
contribution amounts based on a pre-determined percentage of employees’ wages and salaries.
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As discussed above, eligible uses for premium pay and responding to the negative
economic impacts of the COVID-19 public health emergency include hiring and compensating
public sector employees. Interpreting the scope of “deposit” to exclude contributions that are
part of payroll contributions is more consistent with these eligible uses and would reduce
administrative burden for recipients. Accordingly, if an employee’s wages and salaries are an
eligible use of Fiscal Recovery Funds, recipients may treat the employee’s covered benefits as an
eligible use of Fiscal Recovery Funds. For purposes of the Fiscal Recovery Funds, covered
benefits include costs of all types of leave (vacation, family-related, sick, military, bereavement,
sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions,
401(k)), unemployment benefit plans (Federal and State), workers’ compensation insurance, and
Federal Insurance Contributions Act taxes (which includes Social Security and Medicare taxes).
Treasury anticipates that this approach to employees’ covered benefits will be
comprehensive and, for employees whose wage and salary costs are eligible expenses, will allow
all covered benefits listed in the previous paragraph to be eligible under the Fiscal Recovery
Funds. Treasury expects that this will minimize the administrative burden on recipients by
treating all the specified covered benefit types as eligible expenses, for employees whose wage
and salary costs are eligible expenses.
Question 27: Beyond a “deposit” and a “payroll contribution,” are there other types of
payments into a pension fund that Treasury should consider?
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B. Offset a Reduction in Net Tax Revenue
For States and territories (recipient governments 160), section 602(c)(2)(A)—the offset
provision—prohibits the use of Fiscal Recovery Funds to directly or indirectly offset a reduction
in net tax revenue resulting from a change in law, regulation, or administrative interpretation 161
during the covered period. If a State or territory uses Fiscal Recovery Funds to offset a reduction
in net tax revenue, the ARPA provides that the State or territory must repay to the Treasury an
amount equal to the lesser of (i) the amount of the applicable reduction attributable to the
impermissible offset and (ii) the amount received by the State or territory under the ARPA. See
Section IV of this Supplementary Information. As discussed below Section IV of this
Supplementary Information, a State or territory that chooses to use Fiscal Recovery Funds to
offset a reduction in net tax revenue does not forfeit its entire allocation of Fiscal Recovery
Funds (unless it misused the full allocation to offset a reduction in net tax revenue) or any non-
ARPA funding received.
The Interim Final Rule implements these conditions by establishing a framework for
States and territories to determine the cost of changes in law, regulation, or interpretation that
reduce tax revenue and to identify and value the sources of funds that will offset—i.e., cover the
cost of—any reduction in net tax revenue resulting from such changes. A recipient government
would only be considered to have used Fiscal Recovery Funds to offset a reduction in net tax
revenue resulting from changes in law, regulation, or interpretation if, and to the extent that, the
160 In this sub-section, “recipient governments” refers only to States and territories. In other sections,
“recipient governments” refers more broadly to eligible governments receiving funding from the Fiscal
Recovery Funds.
161 For brevity, referred to as “changes in law, regulation, or interpretation” for the remainder of this
preamble.
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recipient government could not identify sufficient funds from sources other than the Fiscal
Recovery Funds to offset the reduction in net tax revenue. If sufficient funds from other sources
cannot be identified to cover the full cost of the reduction in net tax revenue resulting from
changes in law, regulation, or interpretation, the remaining amount not covered by these sources
will be considered to have been offset by Fiscal Recovery Funds, in contravention of the offset
provision. The Interim Final Rule recognizes three sources of funds that may offset a reduction
in net tax revenue other than Fiscal Recovery Funds—organic growth, increases in revenue (e.g.,
an increase in a tax rate), and certain cuts in spending.
In order to reduce burden, the Interim Final Rule’s approach also incorporates the types
of information and modeling already used by States and territories in their own fiscal and
budgeting processes. By incorporating existing budgeting processes and capabilities, States and
territories will be able to assess and evaluate the relationship of tax and budget decisions to uses
of the Fiscal Recovery Funds based on information they likely have or can obtain. This
approach ensures that recipient governments have the information they need to understand the
implications of their decisions regarding the use of the Fiscal Recovery Funds—and, in
particular, whether they are using the funds to directly or indirectly offset a reduction in net tax
revenue, making them potentially subject to recoupment.
Reporting on both the eligible uses and on a State’s or territory’s covered tax changes
that would reduce tax revenue will enable identification of, and recoupment for, use of Fiscal
Recovery Funds to directly offset reductions in tax revenue resulting from tax relief. Moreover,
this approach recognizes that, because money is fungible, even if Fiscal Recovery Funds are not
explicitly or directly used to cover the costs of changes that reduce net tax revenue, those funds
may be used in a manner inconsistent with the statute by indirectly being used to substitute for
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the State’s or territory’s funds that would otherwise have been needed to cover the costs of the
reduction. By focusing on the cost of changes that reduce net tax revenue—and how a recipient
government is offsetting those reductions in constructing its budget over the covered period—the
framework prevents efforts to use Fiscal Recovery Funds to indirectly offset reductions in net tax
revenue for which the recipient government has not identified other offsetting sources of
funding.
As discussed in greater detail below in this preamble, the framework set forth in the
Interim Final Rule establishes a step-by-step process for determining whether, and the extent to
which, Fiscal Recovery Funds have been used to offset a reduction in net tax revenue. Based on
information reported annually by the recipient government:
• First, each year, each recipient government will identify and value the changes in law,
regulation, or interpretation that would result in a reduction in net tax revenue, as it
would in the ordinary course of its budgeting process. The sum of these values in the
year for which the government is reporting is the amount it needs to “pay for” with
sources other than Fiscal Recovery Funds (total value of revenue reducing changes).
• Second, the Interim Final Rule recognizes that it may be difficult to predict how a change
would affect net tax revenue in future years and, accordingly, provides that if the total
value of the changes in the year for which the recipient government is reporting is below
a de minimis level, as discussed below, the recipient government need not identify any
sources of funding to pay for revenue reducing changes and will not be subject to
recoupment.
• Third, a recipient government will consider the amount of actual tax revenue recorded in
the year for which they are reporting. If the recipient government’s actual tax revenue is
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greater than the amount of tax revenue received by the recipient for the fiscal year ending
2019, adjusted annually for inflation, the recipient government will not be considered to
have violated the offset provision because there will not have been a reduction in net tax
revenue.
• Fourth, if the recipient government’s actual tax revenue is less than the amount of tax
revenue received by the recipient government for the fiscal year ending 2019, adjusted
annually for inflation, in the reporting year the recipient government will identify any
sources of funds that have been used to permissibly offset the total value of covered tax
changes other than Fiscal Recovery Funds. These are:
o State or territory tax changes that would increase any source of general fund
revenue, such as a change that would increase a tax rate; and
o Spending cuts in areas not being replaced by Fiscal Recovery Funds.
The recipient government will calculate the value of revenue reduction remaining after
applying these sources of offsetting funding to the total value of revenue reducing
changes—that, is, how much of the tax change has not been paid for. The recipient
government will then compare that value to the difference between the baseline and
actual tax revenue. A recipient government will not be required to repay to the Treasury
an amount that is greater than the recipient government’s actual tax revenue shortfall
relative to the baseline (i.e., fiscal year 2019 tax revenue adjusted for inflation). This
“revenue reduction cap,” together with Step 3, ensures that recipient governments can use
organic revenue growth to offset the cost of revenue reductions.
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• Finally, if there are any amounts that could be subject to recoupment, Treasury will
provide notice to the recipient government of such amounts. This process is discussed in
greater detail in Section IV of this Supplementary Information.
Together, these steps allow Treasury to identify the amount of reduction in net tax
revenue that both is attributable to covered changes and has been directly or indirectly offset
with Fiscal Recovery Funds. This process ensures Fiscal Recovery Funds are used in a manner
consistent with the statute’s defined eligible uses and the offset provision’s limitation on these
eligible uses, while avoiding undue interference with State and territory decisions regarding tax
and spending policies.
The Interim Final Rule also implements a process for recouping Fiscal Recovery Funds
that were used to offset reductions in net tax revenue, including the calculation of any amounts
that may be subject to recoupment, a process for a recipient government to respond to a notice of
recoupment, and clarification regarding amounts excluded from recoupment. See Section IV of
this Supplementary Information.
The Interim Final Rule includes several definitions that are applicable to the
implementation of the offset provision.
Covered change. The offset provision is triggered by a reduction in net tax revenue
resulting from “a change in law, regulation, or administrative interpretation.” A covered change
includes any final legislative or regulatory action, a new or changed administrative interpretation,
and the phase-in or taking effect of any statute or rule where the phase-in or taking effect was not
prescribed prior to the start of the covered period. Changed administrative interpretations would
not include corrections to replace prior inaccurate interpretations; such corrections would instead
be treated as changes implementing legislation enacted or regulations issued prior to the covered
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period; the operative change in those circumstances is the underlying legislation or regulation
that occurred prior to the covered period. Moreover, only the changes within the control of the
State or territory are considered covered changes. Covered changes do not include a change in
rate that is triggered automatically and based on statutory or regulatory criteria in effect prior to
the covered period. For example, a state law that sets its earned income tax credit (EITC) at a
fixed percentage of the Federal EITC will see its EITC payments automatically increase—and
thus its tax revenue reduced—because of the Federal government’s expansion of the EITC in the
ARPA.162 This would not be considered a covered change. In addition, the offset provision
applies only to actions for which the change in policy occurs during the covered period; it
excludes regulations or other actions that implement a change or law substantively enacted prior
to March 3, 2021. Finally, Treasury has determined and previously announced that income tax
changes—even those made during the covered period—that simply conform with recent changes
in Federal law (including those to conform to recent changes in Federal taxation of
unemployment insurance benefits and taxation of loan forgiveness under the Paycheck
Protection Program) are permissible under the offset provision.
Baseline. For purposes of measuring a reduction in net tax revenue, the Interim Final
Rule measures actual changes in tax revenue relative to a revenue baseline (baseline). The
baseline will be calculated as fiscal year 2019 (FY 2019) tax revenue indexed for inflation in
162 See, e.g., Tax Policy Center, How do state earned income tax credits work?,
https://www.taxpolicycenter.org/briefing-book/how-do-state-earned-income-tax-credits-work/ (last
visited May 9, 2021).
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each year of the covered period, with inflation calculated using the Bureau of Economic
Analysis’s Implicit Price Deflator.163
FY 2019 was chosen as the starting year for the baseline because it is the last full fiscal
year prior to the COVID-19 public health emergency.164 This baseline year is consistent with the
approach directed by the ARPA in sections 602(c)(1)(C) and 603(c)(1)(C), which identify the
“most recent full fiscal year of the [State, territory, or Tribal government] prior to the
emergency” as the comparator for measuring revenue loss. U.S. gross domestic product is
projected to rebound to pre-pandemic levels in 2021,165 suggesting that an FY 2019 pre-
pandemic baseline is a reasonable comparator for future revenue levels. The FY 2019 baseline
revenue will be adjusted annually for inflation to allow for direct comparison of actual tax
revenue in each year (reported in nominal terms) to baseline revenue in common units of
measurement; without inflation adjustment, each dollar of reported actual tax revenue would be
worth less than each dollar of baseline revenue expressed in 2019 terms.
Reporting year. The Interim Final Rule defines “reporting year” as a single year within
the covered period, aligned to the current fiscal year of the recipient government during the
covered period, for which a recipient government reports the value of covered changes and any
sources of offsetting revenue increases (“in-year” value), regardless of when those changes were
enacted. For the fiscal years ending in 2021 or 2025 (partial years), the term “reporting year”
163 U.S. Department of Commerce, Bureau of Economic Analysis, GDP Price Deflator,
https://www.bea.gov/data/prices-inflation/gdp-price-deflator (last visited May 9, 2021).
164 Using Fiscal Year 2019 is consistent with section 602 as Congress provided for using that baseline for
determining the impact of revenue loss affecting the provision of government services. See section
602(c)(1)(C).
165 Congressional Budget Office, An Overview of the Economic Outlook: 2021 to 2031 (February 1,
2021), available at https://www.cbo.gov/publication/56965.
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refers to the portion of the year falling within the covered period. For example, the reporting
year for a fiscal year beginning July 2020 and ending June 2021 would be from March 3, 2021 to
July 2021.
Tax revenue. The Interim Final Rule’s definition of “tax revenue” is based on the Census
Bureau’s definition of taxes, used for its Annual Survey of State Government Finances.166 It
provides a consistent, well-established definition with which States and territories will be
familiar and is consistent with the approach taken in Section II.C of this Supplementary
Information describing the implementation of sections 602(c)(1)(C) and 603(c)(1)(C) of the Act,
regarding revenue loss. Consistent with the approach described in Section II.C of this
Supplementary Information, tax revenue does not include revenue taxed and collected by a
different unit of government (e.g., revenue from taxes levied by a local government and
transferred to a recipient government).
Framework. The Interim Final Rule provides a step-by-step framework, to be used in
each reporting year, to calculate whether the offset provision applies to a State’s or territory’s use
of Fiscal Recovery Funds:
(1) Covered changes that reduce tax revenue. For each reporting year, a recipient
government will identify and value covered changes that the recipient government predicts will
have the effect of reducing tax revenue in a given reporting year, similar to the way it would in
the ordinary course of its budgeting process. The value of these covered changes may be
reported based on estimated values produced by a budget model, incorporating reasonable
assumptions, that aligns with the recipient government’s existing approach for measuring the
166 U.S. Census Bureau, Annual Survey of State and Local Government Finances Glossary,
https://www.census.gov/programs-surveys/state/about/glossary.html (last visited Apr. 30, 2021).
88
effects of fiscal policies, and that measures relative to a current law baseline. The covered
changes may also be reported based on actual values using a statistical methodology to isolate
the change in year-over-year revenue attributable to the covered change(s), relative to the current
law baseline prior to the change(s). Further, estimation approaches should not use dynamic
methodologies that incorporate the projected effects of macroeconomic growth because
macroeconomic growth is accounted for separately in the framework. Relative to these dynamic
scoring methodologies, scoring methodologies that do not incorporate projected effects of
macroeconomic growth rely on fewer assumptions and thus provide greater consistency among
States and territories. Dynamic scoring that incorporates macroeconomic growth may also
increase the likelihood of underestimation of the cost of a reduction in tax revenue.
In general and where possible, reporting should be produced by the agency of the
recipient government responsible for estimating the costs and effects of fiscal policy changes.
This approach offers recipient governments the flexibility to determine their reporting
methodology based on their existing budget scoring practices and capabilities. In addition, the
approach of using the projected value of changes in law that enact fiscal policies to estimate the
net effect of such policies is consistent with the way many States and territories already consider
tax changes.167
(2) In excess of the de minimis. The recipient government will next calculate the total
value of all covered changes in the reporting year resulting in revenue reductions, identified in
Step 1. If the total value of the revenue reductions resulting from these changes is below the de
167 See, e.g., Megan Randall & Kim Rueben, Tax Policy Center, Sustainable Budgeting in the States:
Evidence on State Budget Institutions and Practices (Nov. 2017), available at
https://www.taxpolicycenter.org/sites/default/files/publication/149186/sustainable-budgeting-in-the-
states_1.pdf.
89
minimis level, the recipient government will be deemed not to have any revenue-reducing
changes for the purpose of determining the recognized net reduction. If the total is above the de
minimis level, the recipient government must identify sources of in-year revenue to cover the full
costs of changes that reduce tax revenue.
The de minimis level is calculated as 1 percent of the reporting year’s baseline. Treasury
recognizes that, pursuant to their taxing authority, States and territories may make many small
changes to alter the composition of their tax revenues or implement other policies with marginal
effects on tax revenues. They may also make changes based on projected revenue effects that
turn out to differ from actual effects, unintentionally resulting in minor revenue changes that are
not fairly described as “resulting from” tax law changes. The de minimis level recognizes the
inherent challenges and uncertainties that recipient governments face, and thus allows relatively
small reductions in tax revenue without consequence. Treasury determined the 1 percent level
by assessing the historical effects of state-level tax policy changes in state EITCs implemented to
effect policy goals other than reducing net tax revenues.168 The 1 percent de minimis level
reflects the historical reductions in revenue due to minor changes in state fiscal policies.
(3) Safe harbor. The recipient government will then compare the reporting year’s actual
tax revenue to the baseline. If actual tax revenue is greater than the baseline, Treasury will deem
the recipient government not to have any recognized net reduction for the reporting year, and
therefore to be in a safe harbor and outside the ambit of the offset provision. This approach is
consistent with the ARPA, which contemplates recoupment of Fiscal Recovery Funds only in the
event that such funds are used to offset a reduction in net tax revenue. If net tax revenue has not
168 Data provided by the Urban-Brookings Tax Policy Center for state-level EITC changes for 2004-2017.
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been reduced, this provision does not apply. In the event that actual tax revenue is above the
baseline, the organic revenue growth that has occurred, plus any other revenue-raising changes,
by definition must have been enough to offset the in-year costs of the covered changes.
(4) Consideration of other sources of funding. Next, the recipient government will
identify and calculate the total value of changes that could pay for revenue reduction due to
covered changes and sum these items. This amount can be used to pay for up to the total value
of revenue-reducing changes in the reporting year. These changes consist of two categories:
(a) Tax and other increases in revenue. The recipient government must identify and
consider covered changes in policy that the recipient government predicts will have the effect of
increasing general revenue in a given reporting year. As when identifying and valuing covered
changes that reduce tax revenue, the value of revenue-raising changes may be reported based on
estimated values produced by a budget model, incorporating reasonable assumptions, aligned
with the recipient government’s existing approach for measuring the effects of fiscal policies,
and measured relative to a current law baseline, or based on actual values using a statistical
methodology to isolate the change in year-over-year revenue attributable to the covered
change(s). Further, and as discussed above, estimation approaches should not use dynamic
scoring methodologies that incorporate the effects of macroeconomic growth because growth is
accounted for separately under the Interim Final Rule. In general and where possible, reporting
should be produced by the agency of the recipient government responsible for estimating the
costs and effects of fiscal policy changes. This approach offers recipient governments the
flexibility to determine their reporting methodology based on their existing budget scoring
practices and capabilities.
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(b) Covered spending cuts. A recipient government also may cut spending in certain
areas to pay for covered changes that reduce tax revenue, up to the amount of the recipient
government’s net reduction in total spending as described below. These changes must be
reductions in government outlays not in an area where the recipient government has spent Fiscal
Recovery Funds. To better align with existing reporting and accounting, the Interim Final Rule
considers the department, agency, or authority from which spending has been cut and whether
the recipient government has spent Fiscal Recovery Funds on that same department, agency, or
authority. This approach was selected to allow recipient governments to report how Fiscal
Recovery Funds have been spent using reporting units already incorporated into their budgeting
process. If they have not spent Fiscal Recovery Funds in a department, agency, or authority, the
full amount of the reduction in spending counts as a covered spending cut, up to the recipient
government’s net reduction in total spending. If they have, the Fiscal Recovery Funds generally
would be deemed to have replaced the amount of spending cut and only reductions in spending
above the amount of Fiscal Recovery Funds spent on the department, agency, or authority would
count.
To calculate the amount of spending cuts that are available to offset a reduction in tax
revenue, the recipient government must first consider whether there has been a reduction in total
net spending, excluding Fiscal Recovery Funds (net reduction in total spending). This approach
ensures that reported spending cuts actually create fiscal space, rather than simply offsetting
other spending increases. A net reduction in total spending is measured as the difference
between total spending in each reporting year, excluding Fiscal Recovery Funds spent, relative to
total spending for the recipient’s fiscal year ending in 2019, adjusted for inflation. Measuring
reductions in spending relative to 2019 reflects the fact that the fiscal space created by a
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spending cut persists so long as spending remains below its original level, even if it does not
decline further, relative to the same amount of revenue. Measuring spending cuts from year to
year would, by contrast, not recognize any available funds to offset revenue reductions unless
spending continued to decline, failing to reflect the actual availability of funds created by a
persistent change and limiting the discretion of States and territories. In general and where
possible, reporting should be produced by the agency of the recipient government responsible for
estimating the costs and effects of fiscal policy changes. Treasury chose this approach because
while many recipient governments may score budget legislation using projections, spending cuts
are readily observable using actual values.
This approach—allowing only spending reductions in areas where the recipient
government has not spent Fiscal Recovery Funds to be used as an offset for a reduction in net tax
revenue—aims to prevent recipient governments from using Fiscal Recovery Funds to supplant
State or territory funding in the eligible use areas, and then use those State or territory funds to
offset tax cuts. Such an approach helps ensure that Fiscal Recovery Funds are not used to
“indirectly” offset revenue reductions due to covered changes.
In order to help ensure recipient governments use Fiscal Recovery Funds in a manner
consistent with the prescribed eligible uses and do not use Fiscal Recovery Funds to indirectly
offset a reduction in net tax revenue resulting from a covered change, Treasury will monitor
changes in spending throughout the covered period. If, over the course of the covered period, a
spending cut is subsequently replaced with Fiscal Recovery Funds and used to indirectly offset a
reduction in net tax revenue resulting from a covered change, Treasury may consider such
change to be an evasion of the restrictions of the offset provision and seek recoupment of such
amounts.
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(5) Identification of amounts subject to recoupment. If a recipient government (i) reports
covered changes that reduce tax revenue (Step 1); (ii) to a degree greater than the de minimis
(Step 2); (iii) has experienced a reduction in net tax revenue (Step 3); and (iv) lacks sufficient
revenue from other, permissible sources to pay for the entirety of the reduction (Step 4), then the
recipient government will be considered to have used Fiscal Recovery Funds to offset a
reduction in net tax revenue, up to the amount that revenue has actually declined. That is, the
maximum value of reduction in revenue due to covered changes which a recipient government
must cover is capped at the difference between the baseline and actual tax revenue.169 In the
event that the baseline is above actual tax revenue and the difference between them is less than
the sum of revenue reducing changes that are not paid for with other, permissible sources,
organic revenue growth has implicitly offset a portion of the reduction. For example, if a
recipient government reduces tax revenue by $1 billion, makes no other changes, and
experiences revenue growth driven by organic economic growth worth $500 million, it need only
pay for the remaining $500 million with sources other than Fiscal Recovery Funds. The revenue
reduction cap implements this approach for permitting organic revenue growth to cover the cost
of tax cuts.
Finally, as discussed further in Section IV of this Supplementary Information, a recipient
government may request reconsideration of any amounts identified as subject to recoupment
under this framework. This process ensures that all relevant facts and circumstances, including
information regarding planned spending cuts and budgeting assumptions, are considered prior to
a determination that an amount must be repaid. Amounts subject to recoupment are calculated
169 This cap is applied in section 35.8(c) of the Interim Final Rule, calculating the amount of funds used in
violation of the tax offset provision.
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on an annual basis; amounts recouped in one year cannot be returned if the State or territory
subsequently reports an increase in net tax revenue.
To facilitate the implementation of the framework above, and in addition to reporting
required on eligible uses, in each year of the reporting period, each State and territory will report
to Treasury the following items:
• Actual net tax revenue for the reporting year;
• Each revenue-reducing change made to date during the covered period and the in-year
value of each change;
• Each revenue-raising change made to date during the covered period and the in-year
value of each change;
• Each covered spending cut made to date during the covered period, the in-year value of
each cut, and documentation demonstrating that each spending cut is covered as
prescribed under the Interim Final Rule;
Treasury will provide additional guidance and instructions the reporting requirements at a later
date.
Question 28: Does the Interim Final Rule’s definition of tax revenue accord with existing
State and territorial practice and, if not, are there other definitions or elements Treasury should
consider? Discuss why or why not.
Question 29: The Interim Final Rule permits certain spending cuts to cover the costs of
reductions in tax revenue, including cuts in a department, agency, or authority in which the
recipient government is not using Fiscal Recovery Funds. How should Treasury and recipient
governments consider the scope of a department, agency, or authority for the use of funds to
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ensure spending cuts are not being substituted with Fiscal Recovery Funds while also avoiding
an overbroad definition of that captures spending that is, in fact, distinct?
Question 30: Discuss the budget scoring methodologies currently used by States and
territories. How should the Interim Final Rule take into consideration differences in
approaches? Please discuss the use of practices including but not limited to macrodynamic
scoring, microdynamic scoring, and length of budget windows.
Question 31: If a recipient government has a balanced budget requirement, how will that
requirement impact its use of Fiscal Recovery Funds and ability to implement this framework?
Question 32: To implement the framework described above, the Interim Final Rule
establishes certain reporting requirements. To what extent do recipient governments already
produce this information and on what timeline? Discuss ways that Treasury and recipient
governments may better rely on information already produced, while ensuring a consistent
application of the framework.
Question 33: Discuss States’ and territories’ ability to produce the figures and numbers
required for reporting under the Interim Final Rule. What additional reporting tools, such as a
standardized template, would facilitate States’ and territories’ ability to complete the reporting
required under the Interim Final Rule?
C. Other Restrictions on Use
Payments from the Fiscal Recovery Funds are also subject to pre-existing limitations
provided in other Federal statutes and regulations and may not be used as non-Federal match for
other Federal programs whose statute or regulations bar the use of Federal funds to meet
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matching requirements. For example, payments from the Fiscal Recovery Funds may not be
used to satisfy the State share of Medicaid.170
As provided for in the award terms, payments from the Fiscal Recovery Funds as a
general matter will be subject to the provisions of the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200) (the Uniform
Guidance), including the cost principles and restrictions on general provisions for selected items
of cost.
D. Timeline for Use of Fiscal Recovery Funds
Section 602(c)(1) and section 603(c)(1) require that payments from the Fiscal Recovery
Funds be used only to cover costs incurred by the State, territory, Tribal government, or local
government by December 31, 2024. Similarly, the CARES Act provided that payments from the
CRF be used to cover costs incurred by December 31, 2021.171 The definition of “incurred” does
not have a clear meaning. With respect to the CARES Act, on the understanding that the CRF
was intended to be used to meet relatively short-term needs, Treasury interpreted this
requirement to mean that, for a cost to be considered to have been incurred, performance of the
service or delivery of the goods acquired must occur by December 31, 2021. In contrast, the
ARPA, passed at a different stage of the COVID-19 public health emergency, was intended to
provide more general fiscal relief over a broader timeline. In addition, the ARPA expressly
permits the use of Fiscal Recovery Funds for improvements to water, sewer, and broadband
infrastructure, which entail a longer timeframe. In recognition of this, Treasury is interpreting
170 See 42 CFR 433.51 and 45 CFR 75.306.
171 Section 1001 of Division N of the Consolidated Appropriations Act, 2021 amended section 601(d)(3)
of the Act by extending the end of the covered period for CRF expenditures from December 30, 2020 to
December 31, 2021.
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the requirement in section 602 and section 603 that costs be incurred by December 31, 2024, to
require only that recipients have obligated the Fiscal Recovery Funds by such date. The Interim
Final Rule adopts a definition of “obligation” that is based on the definition used for purposes of
the Uniform Guidance, which will allow for uniform administration of this requirement and is a
definition with which most recipients will be familiar.
Payments from the Fiscal Recovery Funds are grants provided to recipients to mitigate
the fiscal effects of the COVID-19 public health emergency and to respond to the public health
emergency, consistent with the eligible uses enumerated in sections 602(c)(1) and 603(c)(1).172
As such, these funds are intended to provide economic stimulus in areas still recovering from the
economic effects of the pandemic. In implementing and interpreting these provisions, including
what it means to “respond to” the COVID-19 public health emergency, Treasury takes into
consideration pre-pandemic facts and circumstances (e.g., average revenue growth prior to the
pandemic) as well as impact of the pandemic that predate the enactment of the ARPA (e.g.,
replenishing Unemployment Trust balances drawn during the pandemic). While assessing the
effects of the COVID-19 public health emergency necessarily takes into consideration the facts
and circumstances that predate the ARPA, use of Fiscal Recovery Funds is forward looking.
As discussed above, recipients are permitted to use payments from the Fiscal Recovery
Funds to respond to the public health emergency, to respond to workers performing essential
work by providing premium pay or providing grants to eligible employers, and to make
necessary investments in water, sewer, or broadband infrastructure, which all relate to
prospective uses. In addition, sections 602(c)(1)(C) and 603(c)(1)(C) permit recipients to use
172 §§ 602(a), 603(a), 602(c)(1) and 603(c)(1) of the Act.
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Fiscal Recovery Funds for the provision of government services. This clause provides that the
amount of funds that may be used for this purpose is measured by reference to the reduction in
revenue due to the public health emergency relative to revenues collected in the most recent full
fiscal year, but this reference does not relate to the period during which recipients may use the
funds, which instead refers to prospective uses, consistent with the other eligible uses.
Although as discussed above the eligible uses of payments from the Fiscal Recovery
Funds are all prospective in nature, Treasury considers the beginning of the covered period for
purposes of determining compliance with section 602(c)(2)(A) to be the relevant reference point
for this purpose. The Interim Final Rule thus permits funds to be used to cover costs incurred
beginning on March 3, 2021. This aligns the period for use of Fiscal Recovery Funds with the
period during which these funds may not be used to offset reductions in net tax revenue.
Permitting Fiscal Recovery Funds to be used to cover costs incurred beginning on this date will
also mean that recipients that began incurring costs in the anticipation of enactment of the ARPA
and in advance of the issuance of this rule and receipt of payment from the Fiscal Recovery
Funds would be able to cover them using these payments.173
As set forth in the award terms, the period of performance will run until
December 31, 2026, which will provide recipients a reasonable amount of time to complete
projects funded with payments from the Fiscal Recovery Funds.
173 Given the nature of this program, recipients will not be permitted to use funds to cover pre-award
costs, i.e., those incurred prior to March 3, 2021.
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IV. Recoupment Process
Under the ARPA, failure to comply with the restrictions on use contained in
sections 602(c) and 603(c) of the Act may result in recoupment of funds.174 The Interim Final
Rule implements these provisions by establishing a process for recoupment.
Identification and Notice of Violations. Failure to comply with the restrictions on use
will be identified based on reporting provided by the recipient. As discussed further in
Sections III.B and VIII of this Supplementary Information, Treasury will collect information
regarding eligible uses on a quarterly basis and on the tax offset provision on an annual basis.
Treasury also may consider other information in identifying a violation, such as information
provided by members of the public. If Treasury identifies a violation, it will provide written
notice to the recipient along with an explanation of such amounts.
Request for Reconsideration. Under the Interim Final Rule, a recipient may submit a
request for reconsideration of any amounts identified in the notice provided by Treasury. This
reconsideration process provides a recipient the opportunity to submit additional information it
believes supports its request in light of the notice of recoupment, including, for example,
additional information regarding the recipient’s use of Fiscal Recovery Funds or its tax revenues.
The process also provides the Secretary with an opportunity to consider all information relevant
to whether a violation has occurred, and if so, the appropriate amount for recoupment.
The Interim Final Rule also establishes requirements for the timing of a request for
reconsideration. Specifically, if a recipient wishes to request reconsideration of any amounts
identified in the notice, the recipient must submit a written request for reconsideration to the
174 §§ 602(e) and 603(e) of the Act.
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Secretary within 60 calendar days of receipt of such notice. The request must include an
explanation of why the recipient believes that the finding of a violation or recoupable amount
identified in the notice of recoupment should be reconsidered. To facilitate the Secretary’s
review of a recipient’s request for reconsideration, the request should identify all supporting
reasons for the request. Within 60 calendar days of receipt of the recipient’s request for
reconsideration, the recipient will be notified of the Secretary’s decision to affirm, withdraw, or
modify the notice of recoupment. Such notification will include an explanation of the decision,
including responses to the recipient’s supporting reasons and consideration of additional
information provided.
The process and timeline established by the Interim Final Rule are intended to provide
the recipient with an adequate opportunity to fully present any issues or arguments in response to
the notice of recoupment.175 This process will allow the Secretary to respond to the issues and
considerations raised in the request for reconsideration taking into account the information and
arguments presented by the recipient along with any other relevant information.
Repayment. Finally, the Interim Final Rule provides that any amounts subject to
recoupment must be repaid within 120 calendar days of receipt of any final notice of recoupment
or, if the recipient has not requested reconsideration, within 120 calendar days of the initial
notice provided by the Secretary.
Question 34: Discuss the timeline for requesting reconsideration under the Interim Final
Rule. What, if any, challenges does this timeline present?
175 The Interim Final Rule also provides that Treasury may extend any deadlines.
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V. Payments in Tranches to Local Governments and Certain States
Section 603 of the Act provides that the Secretary will make payments to local
governments in two tranches, with the second tranche being paid twelve months after the first
payment. In addition, section 602(b)(6)(A)(ii) provides that the Secretary may withhold payment
of up to 50 percent of the amount allocated to each State and territory for a period of up to twelve
months from the date on which the State or territory provides its certification to the Secretary.
Any such withholding for a State or territory is required to be based on the unemployment rate in
the State or territory as of the date of the certification.
The Secretary has determined to provide in this Interim Final Rule for withholding of
50 percent of the amount of Fiscal Recovery Funds allocated to all States (and the District of
Columbia) other than those with an unemployment rate that is 2.0 percentage points or more
above its pre-pandemic (i.e., February 2020) level. The Secretary will refer to the latest
available monthly data from the Bureau of Labor Statistics as of the date the certification is
provided. Based on data available at the time of public release of this Interim Final Rule, this
threshold would result in a majority of States being paid in two tranches.
Splitting payments for the majority of States is consistent with the requirement in
section 603 of the Act to make payments from the Coronavirus Local Fiscal Recovery Fund to
local governments in two tranches. 176 Splitting payments to States into two tranches will help
176 With respect to Federal financial assistance more generally, States are subject to the requirements of
the Cash Management Improvement Act (CMIA), under which Federal funds are drawn upon only on an
as needed basis and States are required to remit interest on unused balances to Treasury. Given the
statutory requirement for Treasury to make payments to States within a certain period, these requirements
of the CMIA and Treasury’s implementing regulations at 31 CFR part 205 will not apply to payments
from the Fiscal Recovery Funds. Providing funding in two tranches to the majority of States reflects, to
the maximum extent permitted by section 602 of the Act, the general principles of Federal cash
management and stewardship of federal funding, yet will be much less restrictive than the usual
requirements to which States are subject.
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encourage recipients to adapt, as necessary, to new developments that could arise over the
coming twelve months, including potential changes to the nature of the public health emergency
and its negative economic impacts. While the U.S. economy has been recovering and adding
jobs in aggregate, there is still considerable uncertainty in the economic outlook and the
interaction between the pandemic and the economy.177 For these reasons, Treasury believes it
will be appropriate for a majority of recipients to adapt their plans as the recovery evolves. For
example, a faster-than-expected economic recovery in 2021 could lead a recipient to dedicate
more Fiscal Recovery Funds to longer-term investments starting in 2022. In contrast, a slower-
than-expected economic recovery in 2021 could lead a recipient to use additional funds for near-
term stimulus in 2022.
At the same time, the statute contemplates the possibility that elevated unemployment in
certain States could justify a single payment. Elevated unemployment is indicative of a greater
need to assist unemployed workers and stimulate a faster economic recovery. For this reason,
the Interim Final Rule provides that States and territories with an increase in their unemployment
rate over a specified threshold may receive a single payment, with the expectation that a single
tranche will better enable these States and territories to take additional immediate action to aid
the unemployed and strengthen their economies.
Following the initial pandemic-related spike in unemployment in 2020, States’
unemployment rates have been trending back towards pre-pandemic levels. However, some
States’ labor markets are healing more slowly than others. Moreover, States varied widely in
177 The potential course of the virus, and its impact on the economy, has contributed to a heightened
degree of uncertainty relative to prior periods. See, e.g., Dave Altig et al., Economic uncertainty before
and during the COVID-19 pandemic, J. of Public Econ. (Nov. 2020), available at
https://www.sciencedirect.com/science/article/abs/pii/S0047272720301389
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their pre-pandemic levels of unemployment, and some States remain substantially further from
their pre-pandemic starting point. Consequently, Treasury is delineating States with significant
remaining elevation in the unemployment rate, based on the net difference to pre-pandemic
levels.
Treasury has established that significant remaining elevation in the unemployment rate is
a net change in the unemployment rate of 2.0 percentage points or more relative to pre-pandemic
levels. In the four previous recessions going back to the early 1980s, the national unemployment
rate rose by 3.6, 2.3, 2.0, and 5.0 percentage points, as measured from the start of the recession to
the eventual peak during or immediately following the recession.178 Each of these increases can
therefore represent a recession’s impact on unemployment. To identify States with significant
remaining elevation in unemployment, Treasury took the lowest of these four increases,
2.0 percentage points, to indicate states where, despite improvement in the unemployment rate,
current labor market conditions are consistent still with a historical benchmark for a recession.
No U.S. territory will be subject to withholding of its payment from the Fiscal Recovery
Funds. For Puerto Rico, the Secretary has determined that the current level of the unemployment
rate (8.8 percent, as of March 2021 179) is sufficiently high such that Treasury should not
withhold any portion of its payment from the Fiscal Recovery Funds regardless of its change in
178 Includes the period during and immediately following recessions, as defined by the National Bureau of
Economic Research. National Bureau of Economic Research, US Business Cycle Expansions and
Contractions, https://www.nber.org/research/data/us-business-cycle-expansions-and-contractions (last
visited Apr. 27, 20201). Based on data from U.S. Bureau of Labor Statistics, Unemployment Rate
[UNRATE], retrieved from FRED, Federal Reserve Bank of St. Louis,
https://fred.stlouisfed.org/series/UNRATE (last visited Apr. 27, 2021).
179 U.S. Bureau of Labor Statistics, Economic News Release – Table 1. Civilian labor force and
unemployment by state and selected area, seasonally adjusted,
https://www.bls.gov/news.release/laus.t01.htm (last visited Apr. 30, 2021).
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unemployment rate relative to its pre-pandemic level. For U.S. territories that are not included in
the Bureau of Labor Statistics’ monthly unemployment rate data, the Secretary will not exercise
the authority to withhold amounts from the Fiscal Recovery Funds.
VI. Transfer
The statute authorizes State, territorial, and Tribal governments; counties; metropolitan
cities; and nonentitlement units of local government (counties, metropolitan cities, and
nonentitlement units of local government are collectively referred to as “local governments”) to
transfer amounts paid from the Fiscal Recovery Funds to a number of specified entities. By
permitting these transfers, Congress recognized the importance of providing flexibility to
governments seeking to achieve the greatest impact with their funds, including by working with
other levels or units of government or private entities to assist recipient governments in carrying
out their programs. This includes special-purpose districts that perform specific functions in the
community, such as fire, water, sewer, or mosquito abatement districts.
Specifically, under section 602(c)(3), a State, territory, or Tribal government may transfer
funds to a “private nonprofit organization . . . a Tribal organization . . . a public benefit
corporation involved in the transportation of passengers or cargo, or a special-purpose unit of
State or local government.”180 Similarly, section 603(c)(3) authorizes a local government to
transfer funds to the same entities (other than Tribal organizations).
The Interim Final Rule clarifies that the lists of transferees in Sections 602(c)(3) and
603(c)(3) are not exclusive. The Interim Final Rule permits State, territorial, and Tribal
governments to transfer Fiscal Recovery Funds to other constituent units of government or
180 § 602(c)(3) of the Act.
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private entities beyond those specified in the statute. Similarly, local governments are authorized
to transfer Fiscal Recovery Funds to other constituent units of government (e.g., a county is able
to transfer Fiscal Recovery Funds to a city, town, or school district within it) or to private
entities. This approach is intended to help provide funding to local governments with needs that
may exceed the allocation provided under the statutory formula.
State, local, territorial, and Tribal governments that receive a Federal award directly from
a Federal awarding agency, such as Treasury, are “recipients.” A transferee receiving a transfer
from a recipient under sections 602(c)(3) and 603(c)(3) will be a subrecipient. Subrecipients are
entities that receive a subaward from a recipient to carry out a program or project on behalf of
the recipient with the recipient’s Federal award funding. The recipient remains responsible for
monitoring and overseeing the subrecipient’s use of Fiscal Recovery Funds and other activities
related to the award to ensure that the subrecipient complies with the statutory and regulatory
requirements and the terms and conditions of the award. Recipients also remain responsible for
reporting to Treasury on their subrecipients’ use of payments from the Fiscal Recovery Funds for
the duration of the award.
Transfers under sections 602(c)(3) and 603(c)(3) must qualify as an eligible use of Fiscal
Recovery Funds by the transferor. Once Fiscal Recovery Funds are received, the transferee must
abide by the restrictions on use applicable to the transferor under the ARPA and other applicable
law and program guidance. For example, if a county transferred Fiscal Recovery Funds to a
town within its borders to respond to the COVID-19 public health emergency, the town would be
bound by the eligible use requirements applicable to the county in carrying out the county’s goal.
This also means that county A may not transfer Fiscal Recovery Funds to county B for use in
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county B because such a transfer would not, from the perspective of the transferor (county A), be
an eligible use in county A.
Section 603(c)(4) separately provides for transfers by a local government to its State or
territory. A transfer under section 603(c)(4) will not make the State a subrecipient of the local
government, and such Fiscal Recovery Funds may be used by the State for any purpose
permitted under section 602(c). A transfer under section 603(c)(4) will result in a cancellation or
termination of the award on the part of the transferor local government and a modification of the
award to the transferee State or territory. The transferor must provide notice of the transfer to
Treasury in a format specified by Treasury. If the local government does not provide such
notice, it will remain legally obligated to Treasury under the award and remain responsible for
ensuring that the awarded Fiscal Recovery Funds are being used in accordance with the statute
and program guidance and for reporting on such uses to Treasury. A State that receives a
transfer from a local government under section 603(c)(4) will be bound by all of the use
restrictions set forth in section 602(c) with respect to the use of those Fiscal Recovery Funds,
including the prohibitions on use of such Fiscal Recovery Funds to offset certain reductions in
taxes or to make deposits into pension funds.
Question 35: What are the advantages and disadvantages of treating the list of
transferees in sections 602(c)(3) and 603(c)(3) as nonexclusive, allowing States and localities to
transfer funds to entities outside of the list?
Question 36: Are there alternative ways of defining “special-purpose unit of State or
local government” and “public benefit corporation” that would better further the aims of the
Funds?
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VII. Nonentitlement Units of Government
The Fiscal Recovery Funds provides for $19.53 billion in payments to be made to States
and territories which will distribute the funds to nonentitlement units of local government
(NEUs); local governments which generally have populations below 50,000. These local
governments have not yet received direct fiscal relief from the Federal government during the
COVID-19 public health emergency, making Fiscal Recovery Funds payments an important
source of support for their public health and economic responses. Section 603 requires Treasury
to allocate and pay Fiscal Recovery Funds to the States and territories and requires the States and
territories to distribute Fiscal Recovery Funds to NEUs based on population within 30 days of
receipt unless an extension is granted by the Secretary. The Interim Final Rule clarifies certain
aspects regarding the distribution of Fiscal Recovery by States and territories to NEUs, as well as
requirements around timely payments from the Fiscal Recovery Funds.
The ARPA requires that States and territories allocate funding to NEUs in an amount that
bears the same proportion as the population of the NEU bears to the total population of all NEUs
in the State or territory, subject to a cap (described below). Because the statute requires States
and territories to make distributions based on population, States and territories may not place
additional conditions or requirements on distributions to NEUs, beyond those required by the
ARPA and Treasury’s implementing regulations and guidance. For example, a State may not
impose stricter limitations than permitted by statute or Treasury regulations or guidance on an
NEU’s use of Fiscal Recovery Funds based on the NEU’s proposed spending plan or other
policies. States and territories are also not permitted to offset any debt owed by the NEU against
the NEU’s distribution. Further, States and territories may not provide funding on a
reimbursement basis—e.g., requiring NEUs to pay for project costs up front before being
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reimbursed with Fiscal Recovery Funds payments—because this funding model would not
comport with the statutory requirement that States and territories make distributions to NEUs
within the statutory timeframe.
Similarly, States and territories distributing Fiscal Recovery Funds payments to NEUs are
responsible for complying with the Fiscal Recovery Funds statutory requirement that
distributions to NEUs not exceed 75 percent of the NEU’s most recent budget. The most recent
budget is defined as the NEU’s most recent annual total operating budget, including its general
fund and other funds, as of January 27, 2020. Amounts in excess of such cap and therefore not
distributed to the NEU must be returned to Treasury by the State or territory. States and
territories may rely for this determination on a certified top-line budget total from the NEU.
Under the Interim Final Rule, the total allocation and distribution to an NEU, including
the sum of both the first and second tranches of funding, cannot exceed the 75 percent cap.
States and territories must permit NEUs without formal budgets as of January 27, 2020 to self-
certify their most recent annual expenditures as of January 27, 2020 for the purpose of
calculating the cap. This approach will provide an administrable means to implement the cap for
small local governments that do not adopt a formal budget.
Section 603(b)(3) of the Social Security Act provides for Treasury to make payments to
counties but provides that, in the case of an amount to be paid to a county that is not a unit of
general local government, the amount shall instead be paid to the State in which such county is
located, and such State shall distribute such amount to each unit of general local government
within such county in an amount that bears the same proportion to the amount to be paid to such
county as the population of such units of general local government bears to the total population
of such county. As with NEUs, States may not place additional conditions or requirements on
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distributions to such units of general local government, beyond those required by the ARPA and
Treasury’s implementing regulations and guidance.
In the case of consolidated governments, section 603(b)(4) allows consolidated
governments (e.g., a city-county consolidated government) to receive payments under each
allocation based on the respective formulas. In the case of a consolidated government, Treasury
interprets the budget cap to apply to the consolidated government’s NEU allocation under
section 603(b)(2) but not to the consolidated government’s county allocation under
section 603(b)(3).
If necessary, States and territories may use the Fiscal Recovery Funds under
section 602(c)(1)(A) to fund expenses related to administering payments to NEUs and units of
general local government, as disbursing these funds itself is a response to the public health
emergency and its negative economic impacts. If a State or territory requires more time to
disburse Fiscal Recovery Funds to NEUs than the allotted 30 days, Treasury will grant
extensions of not more than 30 days for States and territories that submit a certification in writing
in accordance with section 603(b)(2)(C)(ii)(I). Additional extensions may be granted at the
discretion of the Secretary.
Question 37: What are alternative ways for States and territories to enforce the
75 percent cap while reducing the administrative burden on them?
Question 38: What criteria should Treasury consider in assessing requests for
extensions for further time to distribute NEU payments?
VIII. Reporting
States (defined to include the District of Columbia), territories, metropolitan cities,
counties, and Tribal governments will be required to submit one interim report and thereafter
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quarterly Project and Expenditure reports through the end of the award period on
December 31, 2026. The interim report will include a recipient’s expenditures by category at the
summary level from the date of award to July 31, 2021 and, for States and territories,
information related to distributions to nonentitlement units. Recipients must submit their interim
report to Treasury by August 31, 2021. Nonentitlement units of local government are not
required to submit an interim report.
The quarterly Project and Expenditure reports will include financial data, information on
contracts and subawards over $50,000, types of projects funded, and other information regarding
a recipient’s utilization of the award funds. The reports will include the same general data (e.g.,
on obligations, expenditures, contracts, grants, and sub-awards) as those submitted by recipients
of the CRF, with some modifications. Modifications will include updates to the expenditure
categories and the addition of data elements related to specific eligible uses, including some of
the reporting elements described in sections above. The initial quarterly Project and Expenditure
report will cover two calendar quarters from the date of award to September 30, 2021, and must
be submitted to Treasury by October 31, 2021. The subsequent quarterly reports will cover one
calendar quarter and must be submitted to Treasury within 30 days after the end of each calendar
quarter.
Nonentitlement units of local government will be required to submit annual Project and
Expenditure reports until the end of the award period on December 31, 2026. The initial annual
Project and Expenditure report for nonentitlement units of local government will cover activity
from the date of award to September 30, 2021 and must be submitted to Treasury by
October 31, 2021. The subsequent annual reports must be submitted to Treasury by October 31
each year.
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States, territories, metropolitan cities, and counties with a population that exceeds
250,000 residents will also be required to submit an annual Recovery Plan Performance report to
Treasury. The Recovery Plan Performance report will provide the public and Treasury
information on the projects that recipients are undertaking with program funding and how they
are planning to ensure project outcomes are achieved in an effective, efficient, and equitable
manner. Each jurisdiction will have some flexibility in terms of the form and content of the
Recovery Plan Performance report, as long as it includes the minimum information required by
Treasury. The Recovery Plan Performance report will include key performance indicators
identified by the recipient and some mandatory indicators identified by Treasury, as well as
programmatic data in specific eligible use categories and the specific reporting requirements
described in the sections above. The initial Recovery Plan Performance report will cover the
period from the date of award to July 31, 2021 and must be submitted to Treasury by
August 31, 2021. Thereafter, Recovery Plan Performance reports will cover a 12-month period,
and recipients will be required to submit the report to Treasury within 30 days after the end of
the 12-month period. The second Recovery Plan Performance report will cover the period from
July 1, 2021 to June 30, 2022, and must be submitted to Treasury by July 31, 2022. Each annual
Recovery Plan Performance report must be posted on the public-facing website of the recipient.
Local governments with fewer than 250,000 residents, Tribal governments, and nonentitlement
units of local government are not required to develop a Recovery Plan Performance report.
Treasury will provide additional guidance and instructions on the reporting requirements
outlined above for the Fiscal Recovery Funds at a later date.
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IX. Comments and Effective Date
This Interim Final Rule is being issued without advance notice and public comment to
allow for immediate implementation of this program. As discussed below, the requirements of
advance notice and public comment do not apply “to the extent that there is involved . . . a matter
relating to agency . . . grants.”181 The Interim Final Rule implements statutory conditions on the
eligible uses of the Fiscal Recovery Funds grants, and addresses the payment of those funds, the
reporting on uses of funds, and potential consequences of ineligible uses. In addition and as
discussed below, the Administrative Procedure Act also provides an exception to ordinary
notice-and-comment procedures “when the agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefor in the rules issued) that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the public interest.”182 This
good cause justification also supports waiver of the 60-day delayed effective date for major rules
under the Congressional Review Act at 5 U.S.C. 808(2). Although this Interim Final Rule is
effective immediately, comments are solicited from interested members of the public and from
recipient governments on all aspects of the Interim Final Rule.
These comments must be submitted on or before [INSERT DATE 60 DAYS AFTER DATE
OF PUBLICATION IN THE FEDERAL REGISTER].
181 5 U.S.C. 553(a)(2).
182 5 U.S.C. 553(b)(3)(B); see also 5 U.S.C. 553(d)(3) (creating an exception to the requirement of a 30-
day delay before the effective date of a rule “for good cause found and published with the rule”).
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X. Regulatory Analyses
Executive Orders 12866 and 13563
This Interim Final Rule is economically significant for the purposes of Executive
Orders 12866 and 13563. Treasury, however, is proceeding under the emergency provision at
Executive Order 12866 section 6(a)(3)(D) based on the need to act expeditiously to mitigate the
current economic conditions arising from the COVID-19 public health emergency. The rule has
been reviewed by the Office of Management and Budget (OMB) in accordance with Executive
Order 12866. This rule is necessary to implement the ARPA in order to provide economic relief
to State, local, and Tribal governments adversely impacted by the COVID-19 public health
emergency.
Under Executive Order 12866, OMB must determine whether this regulatory action is
“significant” and, therefore, subject to the requirements of the Executive Order and subject to
review by OMB. Section 3(f) of Executive Order 12866 defines a significant regulatory action
as an action likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more, or adversely affect a
sector of the economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or Tribal governments or communities in a material
way (also referred to as “economically significant” regulations);
(2) Create a serious inconsistency or otherwise interfere with an action taken or planned
by another agency;
(3) Materially alter the budgetary impacts of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or
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(4) Raise novel legal or policy issues arising out of legal mandates, the President’s
priorities, or the principles stated in the Executive Order.
This regulatory action is an economically significant regulatory action subject to review by OMB
under section 3(f) of Executive Order 12866. Treasury has also reviewed these regulations under
Executive Order 13563, which supplements and explicitly reaffirms the principles, structures,
and definitions governing regulatory review established in Executive Order 12866. To the extent
permitted by law, section 1(b) of Executive Order 13563 requires that an agency:
(1) Propose or adopt regulations only upon a reasoned determination that their benefits
justify their costs (recognizing that some benefits and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society, consistent with obtaining
regulatory objectives taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations;
(3) Select, in choosing among alternative regulatory approaches, those approaches that
maximize net benefits (including potential economic, environmental, public health
and safety, and other advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather than the behavior or
manner of compliance a regulated entity must adopt; and
(5) Identify and assess available alternatives to direct regulation, including providing
economic incentives—such as user fees or marketable permits—to encourage the
desired behavior, or providing information that enables the public to make choices.
Executive Order 13563 also requires an agency “to use the best available techniques to
quantify anticipated present and future benefits and costs as accurately as possible.” OMB’s
Office of Information and Regulatory Affairs (OIRA) has emphasized that these techniques may
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include “identifying changing future compliance costs that might result from technological
innovation or anticipated behavioral changes.”
Treasury has assessed the potential costs and benefits, both quantitative and qualitative,
of this regulatory action, and is issuing this Interim Final Rule only on a reasoned determination
that the benefits exceed the costs. In choosing among alternative regulatory approaches,
Treasury selected those approaches that would maximize net benefits. Based on the analysis that
follows and the reasons stated elsewhere in this document, Treasury believes that this Interim
Final Rule is consistent with the principles set forth in Executive Order 13563.
Treasury also has determined that this regulatory action does not unduly interfere with States,
territories, Tribal governments, and localities in the exercise of their governmental functions.
This Regulatory Impact Analysis discusses the need for regulatory action, the potential
benefits, and the potential costs.
Need for Regulatory Action. This Interim Final Rule implements the $350 billion Fiscal
Recovery Funds of the ARPA, which Congress passed to help States, territories, Tribal
governments, and localities respond to the ongoing COVID-19 public health emergency and its
economic impacts. As the agency charged with execution of these programs, Treasury has
concluded that this Interim Final Rule is needed to ensure that recipients of Fiscal Recovery
Funds fully understand the requirements and parameters of the program as set forth in the statute
and deploy funds in a manner that best reflects Congress’ mandate for targeted fiscal relief.
This Interim Final Rule is primarily a transfer rule: it transfers $350 billion in aid from the
Federal government to states, territories, Tribal governments, and localities, generating a
significant macroeconomic effect on the U.S. economy. In making this transfer, Treasury has
sought to implement the program in ways that maximize its potential benefits while minimizing
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its costs. It has done so by aiming to target relief in key areas according to the congressional
mandate; offering clarity to States, territories, Tribal governments, and localities while
maintaining their flexibility to respond to local needs; and limiting administrative burdens.
Analysis of Benefits. Relative to a pre-statutory baseline, the Fiscal Recovery Funds
provide a combined $350 billion to State, local, and Tribal governments for fiscal relief and
support for costs incurred responding to the COVID-19 pandemic. Treasury believes that this
transfer will generate substantial additional economic activity, although given the flexibility
accorded to recipients in the use of funds, it is not possible to precisely estimate the extent to
which this will occur and the timing with which it will occur. Economic research has
demonstrated that state fiscal relief is an efficient and effective way to mitigate declines in jobs
and output during an economic downturn.183 Absent such fiscal relief, fiscal austerity among
State, local, and Tribal governments could exert a prolonged drag on the overall economic
recovery, as occurred following the 2007-09 recession.184
This Interim Final Rule provides benefits across several areas by implementing the four
eligible funding uses, as defined in statute: strengthening the response to the COVID-19 public
health emergency and its economic impacts; easing fiscal pressure on State, local, and Tribal
governments that might otherwise lead to harmful cutbacks in employment or government
183 Gabriel Chodorow-Reich et al., Does State Fiscal Relief during Recessions Increase Employment?
Evidence from the American Recovery and Reinvestment Act, American Econ. J.: Econ. Policy, 4:3 118-
45 (Aug. 2012), available at https://www.aeaweb.org/articles?id=10.1257/pol.4.3.118
184 See, e.g., Fitzpatrick, Haughwout & Setren, Fiscal Drag from the State and Local Sector?, Liberty
Street Economics Blog, Federal Reserve Bank of New York (June 27, 2012),
https://www.libertystreeteconomics.newyorkfed.org/2012/06/fiscal-drag-from-the-state-and-local-
sector.html; Jiri Jonas, Great Recession and Fiscal Squeeze at U.S. Subnational Government Level, IMF
Working Paper 12/184, (July 2012), available at
https://www.imf.org/external/pubs/ft/wp/2012/wp12184.pdf; Gordon, supra note 9.
117
services; providing premium pay to essential workers; and making necessary investments in
certain types of infrastructure. In implementing the ARPA, Treasury also sought to support
disadvantaged communities that have been disproportionately impacted by the pandemic. The
Fiscal Recovery Funds as implemented by the Interim Final Rule can be expected to channel
resources toward these uses in order to achieve substantial near-term economic and public health
benefits, as well as longer-term benefits arising from the allowable investments in water, sewer,
and broadband infrastructure and aid to families.
These benefits are achieved in the Interim Final Rule through a broadly flexible approach
that sets clear guidelines on eligible uses of Fiscal Recovery Funds and provides State, local, and
Tribal government officials discretion within those eligible uses to direct Fiscal Recovery Funds
to areas of greatest need within their jurisdiction. While preserving recipients’ overall flexibility,
the Interim Final Rule includes several provisions that implement statutory requirements and will
help support use of Fiscal Recovery Funds to achieve the intended benefits. The remainder of
this section clarifies how Treasury’s approach to key provisions in the Interim Final Rule will
contribute to greater realization of benefits from the program.
• Revenue Loss: Recipients will compute the extent of reduction in revenue by comparing
actual revenue to a counterfactual trend representing what could have plausibly been
expected to occur in the absence of the pandemic. The counterfactual trend begins with
the last full fiscal year prior to the public health emergency (as required by statute) and
projects forward with an annualized growth adjustment. Treasury’s decision to
incorporate a growth adjustment into the calculation of revenue loss ensures that the
formula more fully captures revenue shortfalls relative to recipients’ pre-pandemic
expectations. Moreover, recipients will have the opportunity to re-calculate revenue loss
118
at several points throughout the program, recognizing that some recipients may
experience revenue effects with a lag. This option to re-calculate revenue loss on an
ongoing basis should result in more support for recipients to avoid harmful cutbacks in
future years. In calculating revenue loss, recipients will look at general revenue in the
aggregate, rather than on a source-by-source basis. Given that recipients may have
experienced offsetting changes in revenues across sources, Treasury’s approach provides
a more accurate representation of the effect of the pandemic on overall revenues.
• Premium Pay: Per the statute, recipients have broad latitude to designate critical
infrastructure sectors and make grants to third-party employers for the purpose of
providing premium pay or otherwise respond to essential workers. While the Interim
Final Rule generally preserves the flexibility in the statute, it does add a requirement that
recipients give written justification in the case that premium pay would increase a
worker’s annual pay above a certain threshold. To set this threshold, Treasury analyzed
data from the Bureau of Labor Statistics to determine a level that would not require
further justification for premium pay to the vast majority of essential workers, while
requiring higher scrutiny for provision of premium pay to higher-earners who, even
without premium pay, would likely have greater personal financial resources to cope with
the effects of the pandemic. Treasury believes the threshold in the Interim Final Rule
strikes the appropriate balance between preserving flexibility and helping encourage use
of these resources to help those in greatest need. The Interim Final Rule also requires
that eligible workers have regular in-person interactions or regular physical handling of
items that were also handled by others. This requirement will also help encourage use of
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financial resources for those who have endured the heightened risk of performing
essential work.
• Withholding of Payments to Recipients: Treasury believes that for the vast majority of
recipient entities, it will be appropriate to receive funds in two separate payments. As
discussed above, withholding of payments ensures that recipients can adapt spending
plans to evolving economic conditions and that at least some of the economic benefits
will be realized in 2022 or later. However, consistent with authorities granted to
Treasury in the statute, Treasury recognizes that a subset of States with significant
remaining elevation in the unemployment rate could face heightened additional near-term
needs to aid unemployed workers and stimulate the recovery. Therefore, for a subset of
State governments, Treasury will not withhold any funds from the first payment.
Treasury believes that this approach strikes the appropriate balance between the general
reasons to provide funds in two payments and the heightened additional near-term needs
in specific States. As discussed above, Treasury set a threshold based on historical
analysis of unemployment rates in recessions.
• Hiring Public Sector Employees: The Interim Final Rule states explicitly that recipients
may use funds to restore their workforces up to pre-pandemic levels. Treasury believes
that this statement is beneficial because it eliminates any uncertainty that could cause
delays or otherwise negatively impact restoring public sector workforces (which, at time
of publication, remain significantly below pre-pandemic levels).
Finally, the Interim Final Rule aims to promote and streamline the provision of assistance
to individuals and communities in greatest need, particularly communities that have been
historically disadvantaged and have experienced disproportionate impacts of the COVID-19
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crisis. Targeting relief is in line with Executive Order 13985 On Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government, which laid out an
Administration-wide priority to support “equity for all, including people of color and others who
have been historically underserved, marginalized, and adversely affected by persistent poverty
and inequality.”185 To this end, the Interim Final Rule enumerates a list of services that may be
provided using Fiscal Recovery Funds in low-income areas to address the disproportionate
impacts of the pandemic in these communities; establishes the characteristics of essential
workers eligible for premium pay and encouragement to serve workers based on financial need;
provides that recipients may use Fiscal Recovery Funds to restore (to pre-pandemic levels) state
and local workforces, where women and people of color are disproportionately represented;186
and targets investments in broadband infrastructure to unserved and underserved areas.
Collectively, these provisions will promote use of resources to facilitate the provision of
assistance to individuals and communities with the greatest need.
Analysis of Costs. This regulatory action will generate administrative costs relative to a
pre-statutory baseline. This includes, chiefly, costs required to administer Fiscal Recovery
Funds, oversee subrecipients and beneficiaries, and file periodic reports with Treasury. It also
requires States to allocate Fiscal Recovery Funds to nonentitlement units, which are smaller units
of local government that are statutorily required to receive their funds through States.
185 Executive Order on Advancing Racial Equity and Support for Underserved Communities through the
Federal Government (Jan. 20, 2021), https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-
through-the-federal-government/ (last visited May 9, 2021).
186 David Cooper, Mary Gable & Algernon Austin, Economic Policy Institute Briefing Paper, The Public-
Sector Jobs Crisis: Women and African Americans hit hardest by job losses in state and local
governments, https://www.epi.org/publication/bp339-public-sector-jobs-crisis (last visited May 9, 2021).
121
Treasury expects that the administrative burden associated with this program will be
moderate for a grant program of its size. Treasury expects that most recipients receive direct or
indirect funding from Federal government programs and that many have familiarity with how to
administer and report on Federal funds or grant funding provided by other entities. In particular,
States, territories, and large localities will have received funds from the CRF and Treasury
expects them to rely heavily on established processes developed last year or through prior grant
funding, mitigating burden on these governments.
Treasury expects to provide technical assistance to defray the costs of administration of
Fiscal Recovery Funds to further mitigate burden. In making implementation choices, Treasury
has hosted numerous consultations with a diverse range of direct recipients—States, small cities,
counties, and Tribal governments —along with various communities across the United States,
including those that are underserved. Treasury lacks data to estimate the precise extent to which
this Interim Final Rule generates administrative burden for State, local, and Tribal governments,
but seeks comment to better estimate and account for these costs, as well as on ways to lessen
administrative burdens.
Executive Order 13132
Executive Order 13132 (entitled Federalism) prohibits an agency from publishing any rule that
has federalism implications if the rule either imposes substantial, direct compliance costs on
State, local, and Tribal governments, and is not required by statute, or preempts state law, unless
the agency meets the consultation and funding requirements of section 6 of the Executive Order.
This Interim Final Rule does not have federalism implications within the meaning of the
Executive Order and does not impose substantial, direct compliance costs on State, local, and
Tribal governments or preempt state law within the meaning of the Executive Order. The
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compliance costs are imposed on State, local, and Tribal governments by sections 602 and 603 of
the Social Security Act, as enacted by the ARPA. Notwithstanding the above, Treasury has
engaged in efforts to consult and work cooperatively with affected State, local, and Tribal
government officials and associations in the process of developing the Interim Final Rule.
Pursuant to the requirements set forth in section 8(a) of Executive Order 13132, Treasury
certifies that it has complied with the requirements of Executive Order 13132.
Administrative Procedure Act
The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., generally requires public
notice and an opportunity for comment before a rule becomes effective. However, the APA
provides that the requirements of 5 U.S.C. 553 do not apply “to the extent that there is involved .
. . a matter relating to agency . . . grants.” The Interim Final Rule implements statutory
conditions on the eligible uses of the Fiscal Recovery Funds grants, and addresses the payment
of those funds, the reporting on uses of funds, and potential consequences of ineligible uses. The
rule is thus “both clearly and directly related to a federal grant program.” National Wildlife
Federation v. Snow, 561 F.2d 227, 232 (D.C. Cir. 1976). The rule sets forth the “process
necessary to maintain state . . . eligibility for federal funds,” id., as well as the “method[s] by
which states can . . . qualify for federal aid,” and other “integral part[s] of the grant program,”
Center for Auto Safety v. Tiemann, 414 F. Supp. 215, 222 (D.D.C. 1976). As a result, the
requirements of 5 U.S.C. 553 do not apply.
The APA also provides an exception to ordinary notice-and-comment procedures “when
the agency for good cause finds (and incorporates the finding and a brief statement of reasons
therefor in the rules issued) that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.” 5 U.S.C. 553(b)(3)(B); see also 5 U.S.C.
123
553(d)(3) (creating an exception to the requirement of a 30-day delay before the effective date of
a rule “for good cause found and published with the rule”). Assuming 5 U.S.C. 553 applied,
Treasury would still have good cause under sections 553(b)(3)(B) and 553(d)(3) for not
undertaking section 553’s requirements. The ARPA is a law responding to a historic economic
and public health emergency; it is “extraordinary” legislation about which “both Congress and
the President articulated a profound sense of ‘urgency.’” Petry v. Block, 737 F.2d 1193, 1200
(D.C. Cir. 1984). Indeed, several provisions implemented by this Interim Final Rule (sections
602(c)(1)(A) and 603(c)(1)(A)) explicitly provide funds to “respond to the public health
emergency,” and the urgency is further exemplified by Congress’s command (in sections
602(b)(6)(B) and 603(b)(7)(A)) that, “[t]o the extent practicable,” funds must be provided to
Tribes and cities “not later than 60 days after the date of enactment.” See Philadelphia Citizens
in Action v. Schweiker, 669 F.2d 877, 884 (3d Cir. 1982) (finding good cause under
circumstances, including statutory time limits, where APA procedures would have been
“virtually impossible”). Finally, there is an urgent need for States to undertake the planning
necessary for sound fiscal policymaking, which requires an understanding of how funds provided
under the ARPA will augment and interact with existing budgetary resources and tax policies.
Treasury understands that many states require immediate rules on which they can rely, especially
in light of the fact that the ARPA “covered period” began on March 3, 2021. The statutory
urgency and practical necessity are good cause to forego the ordinary requirements of notice-
and-comment rulemaking.
Congressional Review Act
The Administrator of OIRA has determined that this is a major rule for purposes of Subtitle E of
the Small Business Regulatory Enforcement and Fairness Act of 1996 (also known as the
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Congressional Review Act or CRA) (5 U.S.C. 804(2) et seq.). Under the CRA, a major rule
takes effect 60 days after the rule is published in the Federal Register. 5 U.S.C. 801(a)(3).
Notwithstanding this requirement, the CRA allows agencies to dispense with the requirements of
section 801 when the agency for good cause finds that such procedure would be impracticable,
unnecessary, or contrary to the public interest and the rule shall take effect at such time as the
agency promulgating the rule determines. 5 U.S.C. 808(2). Pursuant to section 808(2), for the
reasons discussed above, Treasury for good cause finds that a 60-day delay to provide public
notice is impracticable and contrary to the public interest.
Paperwork Reduction Act
The information collections associated with State, territory, local, and Tribal government
applications materials necessary to receive Fiscal Recovery Funds (e.g., payment information
collection and acceptance of award terms) have been reviewed and approved by OMB pursuant
to the Paperwork Reduction Act (44 U.S.C. Chapter 35) (PRA) emergency processing
procedures and assigned control number 1505-0271. The information collections related to
ongoing reporting requirements, as discussed in this Interim Final Rule, will be submitted to
OMB for emergency processing in the near future. Under the PRA, an agency may not conduct
or sponsor and a respondent is not required to respond to, an information collection unless it
displays a valid OMB control number.
Estimates of hourly burden under this program are set forth in the table below. Burden
estimates below are preliminary.
125
Reporting
#
Respondents
(Estimated)
# Responses
Per
Respondent
Total
Responses
Hours
per
response
Total
Burden
in Hours
Cost to
Respondent
($48.80 per
hour*)
Recipient
Payment
Form
5,050 1 5,050 .25 (15
minutes) 1,262.5 $61,610
Acceptance
of Award
Terms
5,050 1 5,050 .25 (15
minutes) 1,262.5 $61,610
Title VI
Assurances 5,050 1 5,050 .50 (30
minutes) 2,525 $123,220
Quarterly
Project and
Expenditure
Report
5,050 4 per year
after first year 20,200 25 505,000 $24,644,000
Annual
Project and
Expenditure
Report from
NEUs
TBD 1 per year
20,000-
40,000
(Estimate
only)
15 300,000 –
600,000
$14,640,000
-
$29,280,000
Annual
Recovery
Plan
Performance
report
418 1 per year 418 100 41,800 $2,039,840
Total 5,050 – TBD N/A 55,768 -
75,768 141 851,850 -
1,151,850
$41,570,280
-
$56,210,280
* Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Accountants
and Auditors, on the Internet at https://www.bls.gov/ooh/business-and-financial/accountants-and-
auditors.htm (visited March 28, 2020). Base wage of $33.89/hour increased by 44 percent to account for
fully loaded employer cost of employee compensation (benefits, etc.) for a fully loaded wage rate of
$48.80.
Periodic reporting is required by section 602(c) of Section VI of the Social Security Act
and under the Interim Final Rule.
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As discussed in Section VIII of this Supplementary Information, recipients of Fiscal
Recovery Funds will be required to submit one interim report and thereafter quarterly Project and
Expenditure reports until the end of the award period. Recipients must submit interim reports to
Treasury by August 31, 2021. The quarterly Project and Expenditure reports will include
financial data, information on contracts and subawards over $50,000, types of projects funded,
and other information regarding a recipient’s utilization of the award funds.
Nonentitlement unit recipients will be required to submit annual Project and Expenditure
reports until the end of the award period. The initial annual Project and Expenditure report for
Nonentitlement unit recipients must be submitted to Treasury by October 31, 2021. The
subsequent annual reports must be submitted to Treasury by October 31 each year.
States, territories, metropolitan cities, and counties with a population that exceeds 250,000
residents will also be required to submit an annual Recovery Plan Performance report to
Treasury. The Recovery Plan Performance report will include descriptions of the projects
funded and information on the performance indicators and objectives of the award. Each annual
Recovery Plan Performance report must be posted on the public-facing website of the recipient.
Treasury will provide additional guidance and instructions on the all the reporting requirements
outlined above for the Fiscal Recovery Funds program at a later date.
These and related periodic reporting requirements are under consideration and will be
submitted to OMB for approval under the PRA emergency provisions in the near future.
Treasury invites comments on all aspects of the reporting and recordkeeping requirements
including: (a) Whether the collection of information is necessary for the proper performance of
the functions of the agency, including whether the information has practical utility; (b) the
accuracy of the estimate of the burden of the collection of information; (c) ways to enhance the
127
quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of
the collection of information; and (e) estimates of capital or start-up costs and costs of operation,
maintenance, and purchase of services to provide information. Comments should be sent by the
comment deadline to the www.regulations.gov docket with a copy to the Office of Information
and Regulatory Affairs, U.S. Office of Management and Budget, 725 17th Street NW,
Washington, DC 20503; or email to oira_submission@omb.eop.gov.
Regulatory Flexibility Analysis
The Regulatory Flexibility Act (RFA) generally requires that when an agency issues a proposed
rule, or a final rule pursuant to section 553(b) of the Administrative Procedure Act or another
law, the agency must prepare a regulatory flexibility analysis that meets the requirements of the
RFA and publish such analysis in the Federal Register. 5 U.S.C. 603, 604.
Rules that are exempt from notice and comment under the APA are also exempt from the
RFA requirements, including the requirement to conduct a regulatory flexibility analysis, when
among other things the agency for good cause finds that notice and public procedure are
impracticable, unnecessary, or contrary to the public interest. Since this rule is exempt from the
notice and comment requirements of the APA, Treasury is not required to conduct a regulatory
flexibility analysis.
128
RULE TEXT
List of Subjects in 31 CFR Part 35
Executive compensation, State and Local Governments, Tribal Governments, Public health
emergency.
Title 31—Money and Finance: Treasury
Part 35 -PANDEMIC RELIEF PROGRAMS
1. The authority citation for Part 35 is revised to read as follows:
Authority: 42 U.S.C. 802(f); 42 U.S.C. 803(f); 31 U.S.C. 321; Consolidated Appropriations Act,
2021 (Pub. L. 116-260), Division N, Title V, Subtitle B; Community Development Banking and
Financial Institutions Act of 1994 (enacted as part of the Riegle Community and Regulatory
Improvement Act of 1994 (Pub. L. 103-325)), as amended (12 U.S.C. 4701 et seq.), Section
104A; Pub. L. 117-2.
2. Revise the part heading as shown above.
3. Add Subpart A to read as follows:
Subpart A— CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Sec.
35.1 Purpose.
35.2 Applicability.
35.3 Definitions.
35.4 Reservation of Authority, Reporting.
35.5 Use of Funds.
35.6 Eligible Uses.
35.7 Pensions.
35.8 Tax.
35.9. Compliance with Applicable Laws.
35.10. Recoupment.
35.11 Payments to States.
35.12. Distributions to Nonentitlement Units of Local Government and Units of General Local
Government.
Authority: 42 U.S.C. 802(f); 42 U.S.C. 803(f)
129
§ 35.1 Purpose.
This part implements section 9901 of the American Rescue Plan Act (Subtitle M of Title
IX of Public Law 117-2), which amends Title VI of the Social Security Act (42 U.S.C. 801 et
seq.) by adding sections 602 and 603 to establish the Coronavirus State Fiscal Recovery Fund
and Coronavirus Local Fiscal Recovery Fund.
§ 35.2 Applicability.
This part applies to States, territories, Tribal governments, metropolitan cities,
nonentitlement units of local government, counties, and units of general local government that
accept a payment or transfer of funds made under section 602 or 603 of the Social Security Act.
§ 35.3 Definitions.
Baseline means tax revenue of the recipient for its fiscal year ending in 2019, adjusted for
inflation in each reporting year using the Bureau of Economic Analysis’s Implicit Price Deflator
for the gross domestic product of the United States.
County means a county, parish, or other equivalent county division (as defined by the
Census Bureau).
Covered benefits include, but are not limited to, the costs of all types of leave (vacation,
family-related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health,
life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (Federal and
State), workers’ compensation insurance, and Federal Insurance Contributions Act taxes (which
includes Social Security and Medicare taxes).
Covered change means a change in law, regulation, or administrative interpretation. A
change in law includes any final legislative or regulatory action, a new or changed administrative
130
interpretation, and the phase-in or taking effect of any statute or rule if the phase-in or taking
effect was not prescribed prior to the start of the covered period.
Covered period means, with respect to a State, Territory, or Tribal government, the
period that:
(1) Begins on March 3, 2021; and
(2) Ends on the last day of the fiscal year of such State, Territory, or Tribal government
in which all funds received by the State, Territory, or Tribal government from a payment made
under section 602 or 603 of the Social Security Act have been expended or returned to, or
recovered by, the Secretary.
COVID-19 means the Coronavirus Disease 2019.
COVID-19 public health emergency means the period beginning on January 27, 2020 and
until the termination of the national emergency concerning the COVID-19 outbreak declared
pursuant to the National Emergencies Act (50 U.S.C. 1601 et. seq.).
Deposit means an extraordinary payment of an accrued, unfunded liability. The term
deposit does not refer to routine contributions made by an employer to pension funds as part of
the employer’s obligations related to payroll, such as either a pension contribution consisting of a
normal cost component related to current employees or a component addressing the amortization
of unfunded liabilities calculated by reference to the employer’s payroll costs.
Eligible employer means an employer of an eligible worker who performs essential work.
Eligible workers means workers needed to maintain continuity of operations of essential
critical infrastructure sectors, including health care; emergency response; sanitation, disinfection,
and cleaning work; maintenance work; grocery stores, restaurants, food production, and food
delivery; pharmacy; biomedical research; behavioral health work; medical testing and
131
diagnostics; home- and community-based health care or assistance with activities of daily living;
family or child care; social services work; public health work; vital services to Tribes; any work
performed by an employee of a State, local, or Tribal government; educational work, school
nutrition work, and other work required to operate a school facility; laundry work; elections
work; solid waste or hazardous materials management, response, and cleanup work; work
requiring physical interaction with patients; dental care work; transportation and warehousing;
work at hotel and commercial lodging facilities that are used for COVID-19 mitigation and
containment; work in a mortuary; work in critical clinical research, development, and testing
necessary for COVID-19 response.
(1)With respect to a recipient that is a metropolitan city, nonentitlement unit of local
government, or county, workers in any additional sectors as each chief executive officer of such
recipient may designate as critical to protect the health and well-being of the residents of their
metropolitan city, nonentitlement unit of local government, or county; or
(2)With respect to a State, Territory, or Tribal government, workers in any additional
sectors as each Governor of a State or Territory, or each Tribal government, may designate as
critical to protect the health and well-being of the residents of their State, Territory, or Tribal
government.
Essential work means work that:
(1) Is not performed while teleworking from a residence; and
(2)Involves:
(i) Regular in-person interactions with patients, the public, or coworkers of the individual
that is performing the work; or
132
(ii)Regular physical handling of items that were handled by, or are to be handled by
patients, the public, or coworkers of the individual that is performing the work.
Funds means, with respect to a recipient, amounts provided to the recipient pursuant to a
payment made under section 602(b) or 603(b) of the Social Security Act or transferred to the
recipient pursuant to section 603(c)(4) of the Social Security Act.
General revenue means money that is received from tax revenue, current charges, and
miscellaneous general revenue, excluding refunds and other correcting transactions, proceeds
from issuance of debt or the sale of investments, agency or private trust transactions, and
intergovernmental transfers from the Federal government, including transfers made pursuant to
section 9901 of the American Rescue Plan Act. General revenue does not include revenues from
utilities. Revenue from Tribal business enterprises must be included in general revenue.
Intergovernmental transfers means money received from other governments, including
grants and shared taxes.
Metropolitan city has the meaning given that term in section 102(a)(4) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) and includes cities that
relinquish or defer their status as a metropolitan city for purposes of receiving allocations under
section 106 of such Act (42 U.S.C. 5306) for fiscal year 2021.
Net reduction in total spending is measured as the State or Territory’s total spending for a
given reporting year excluding its spending of funds, subtracted from its total spending for its
fiscal year ending in 2019, adjusted for inflation using the Bureau of Economic Analysis’s
Implicit Price Deflator for the gross domestic product of the United States.
133
Nonentitlement unit of local government means a “city,” as that term is defined in
section 102(a)(5) of the Housing and Community Development Act of 1974
(42 U.S.C. 5302(a)(5)), that is not a metropolitan city.
Nonprofit means a nonprofit organization that is exempt from Federal income taxation
and that is described in section 501(c)(3) of the Internal Revenue Code.
Obligation means an order placed for property and services and entering into contracts,
subawards, and similar transactions that require payment.
Pension fund means a defined benefit plan and does not include a defined contribution
plan.
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. Such amount may not
exceed $25,000 with respect to any single eligible worker. Premium pay will be considered to be
in addition to wages or remuneration the eligible worker otherwise receives if, as measured on an
hourly rate, the premium pay is:
(1)With regard to work that the eligible worker previously performed, pay and
remuneration equal to the sum of all wages and remuneration previously received plus up to $13
per hour with no reduction, substitution, offset, or other diminishment of the eligible worker’s
previous, current, or prospective wages or remuneration; or
(2)With regard to work that the eligible worker continues to perform, pay of up to $13
that is in addition to the eligible worker’s regular rate of wages or remuneration, with no
reduction, substitution, offset, or other diminishment of the workers’ current and prospective
wages or remuneration.
134
Qualified census tract has the same meaning given in 26 U.S.C. 42(d)(5)(B)(ii)(I).
Recipient means a State, Territory, Tribal government, metropolitan city, nonentitlement
unit of local government, county, or unit of general local government that receives a payment
made under section 602(b) or 603(b) of the Social Security Act or transfer pursuant to
section 603(c)(4) of the Social Security Act.
Reporting year means a single year or partial year within the covered period, aligned to
the current fiscal year of the State or Territory during the covered period.
Secretary means the Secretary of the Treasury.
State means each of the 50 States and the District of Columbia
Small business means a business concern or other organization that:
(1) Has no more than 500 employees, or if applicable, the size standard in number of
employees established by the Administrator of the Small Business Administration for the
industry in which the business concern or organization operates, and
(2) Is a small business concern as defined in section 3 of the Small Business Act
(15 U.S.C. 632).
Tax Revenue means revenue received from a compulsory contribution that is exacted by a
government for public purposes excluding refunds and corrections and, for purposes of § 35.8,
intergovernmental transfers. Tax revenue does not include payments for a special privilege
granted or service rendered, employee or employer assessments and contributions to finance
retirement and social insurance trust systems, or special assessments to pay for capital
improvements.
Territory means the Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa.
135
Tribal enterprise means a business concern:
(1)That is wholly owned by one or more Tribal governments, or by a corporation that is
wholly owned by one or more Tribal governments; or
(2)That is owned in part by one or more Tribal governments, or by a corporation that is
wholly owned by one or more Tribal governments, if all other owners are either United States
citizens or small business concerns, as these terms are used and consistent with the definitions in
15 U.S.C. 657a(b)(2)(D).
Tribal government means the recognized governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community, component band, or component reservation,
individually identified (including parenthetically) in the list published on January 29, 2021,
pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).
Unemployment rate means the U-3 unemployment rate provided by the Bureau of Labor
Statistics as part of the Local Area Unemployment Statistics program, measured as total
unemployment as a percentage of the civilian labor force.
Unemployment trust fund means an unemployment trust fund established under
section 904 of the Social Security Act (42 U.S.C. 1104).
Unit of general local government has the meaning given to that term in section 102(a)(1)
of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)).
Unserved and underserved households or businesses means one or more households or
businesses that are not currently served by a wireline connection that reliably delivers at least
25 Mbps download speed and 3 Mbps of upload speed.
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§ 35.4 Reservation of Authority, Reporting.
(a) Reservation of authority. Nothing in this part shall limit the authority of the Secretary
to take action to enforce conditions or violations of law, including actions necessary to prevent
evasions of this subpart.
(b) Extensions or accelerations of timing. The Secretary may extend or accelerate any
deadline or compliance date of this part, including reporting requirements that implement this
subpart, if the Secretary determines that such extension or acceleration is appropriate. In
determining whether an extension or acceleration is appropriate, the Secretary will consider the
period of time that would be extended or accelerated and how the modified timeline would
facilitate compliance with this subpart.
(c) Reporting and requests for other information. During the covered period, recipients
shall provide to the Secretary periodic reports providing detailed accounting of the uses of funds,
all modifications to a State or Territory’s tax revenue sources, and such other information as the
Secretary may require for the administration of this section. In addition to regular reporting
requirements, the Secretary may request other additional information as may be necessary or
appropriate, including as may be necessary to prevent evasions of the requirements of this
subpart. False statements or claims made to the Secretary may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment
from participating in Federal awards or contracts, and/or any other remedy available by law.
§ 35.5 Use of funds.
(a) In General. A recipient may only use funds to cover costs incurred during the period
beginning March 3, 2021, and ending December 31, 2024, for one or more of the purposes
enumerated in sections 602(c)(1) and 603(c)(1) of the Social Security Act, as applicable,
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including those enumerated in section § 35.6 of this subpart, subject to the restrictions set forth in
sections 602(c)(2) and 603(c)(2) of the Social Security Act, as applicable.
(b) Costs incurred. A cost shall be considered to have been incurred for purposes of
paragraph (a) of this section if the recipient has incurred an obligation with respect to such cost
by December 31, 2024.
(c) Return of funds. A recipient must return any funds not obligated by
December 31, 2024, and any funds not expended to cover such obligations by
December 31, 2026.
§ 35.6 Eligible uses.
(a) In General. Subject to §§ 35.7 and 35.8 of this subpart, a recipient may use funds for
one or more of the purposes described in paragraphs (b)-(e) of this section
(b) Responding to the public health emergency or its negative economic impacts. A
recipient may use funds to respond to the public health emergency or its negative economic
impacts, including for one or more of the following purposes:
(1) COVID-19 response and prevention. Expenditures for the mitigation and prevention
of COVID-19, including:
(i) Expenses related to COVID-19 vaccination programs and sites, including staffing,
acquisition of equipment or supplies, facilities costs, and information technology or other
administrative expenses;
(ii)COVID–19-related expenses of public hospitals, clinics, and similar facilities;
(iii) COVID-19 related expenses in congregate living facilities, including skilled nursing
facilities, long-term care facilities, incarceration settings, homeless shelters, residential foster
care facilities, residential behavioral health treatment, and other group living facilities;
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(iv) Expenses of establishing temporary public medical facilities and other measures to
increase COVID-19 treatment capacity, including related construction costs and other capital
investments in public facilities to meet COVID-19-related operational needs;
(v)Expenses of establishing temporary public medical facilities and other measures to
increase COVID-19 treatment capacity, including related construction costs and other capital
investments in public facilities to meet COVID-19-related operational needs;
(vi)Costs of providing COVID-19 testing and monitoring, contact tracing, and
monitoring of case trends and genomic sequencing for variants;
(vii) Emergency medical response expenses, including emergency medical transportation,
related to COVID-19;
(viii)Expenses for establishing and operating public telemedicine capabilities for
COVID-19-related treatment;
(ix) Expenses for communication related to COVID-19 vaccination programs and
communication or enforcement by recipients of public health orders related to COVID-19;
(x) Expenses for acquisition and distribution of medical and protective supplies,
including sanitizing products and personal protective equipment;
(xi) Expenses for disinfection of public areas and other facilities in response to the
COVID-19 public health emergency;
(xii) Expenses for technical assistance to local authorities or other entities on mitigation
of COVID-19-related threats to public health and safety;
(xiii)Expenses for quarantining or isolation of individuals;
(xiv) Expenses of providing paid sick and paid family and medical leave to public
employees to enable compliance with COVID-19 public health precautions;
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(xv) Expenses for treatment of the long-term symptoms or effects of COVID-19,
including post-intensive care syndrome;
(xvi) Expenses for the improvement of ventilation systems in congregate settings, public
health facilities, or other public facilities;
(xvii)Expenses related to establishing or enhancing public health data systems; and
(xviii)Mental health treatment, substance misuse treatment, and other behavioral health
services.
(2) Public Health and Safety Staff. Payroll and covered benefit expenses for public
safety, public health, health care, human services, and similar employees to the extent that the
employee’s time is spent mitigating or responding to the COVID-19 public health emergency.
(3) Hiring State and Local Government Staff. Payroll, covered benefit, and other costs
associated with the recipient increasing the number of its employees up to the number of
employees that it employed on January 27, 2020.
(4) Assistance to Unemployed Workers. Assistance, including job training, for
individuals who want and are available for work, including those who have looked for work
sometime in the past 12 months or who are employed part time but who want and are available
for full-time work;
(5) Contributions to State Unemployment Insurance Trust Funds. Contributions to an
Unemployment Trust Fund up to the level required to restore the Unemployment Trust Fund to
its balance on January 27, 2020 or to pay back advances received under Title XII of the Social
Security Act (42 U.S.C. 1321) for the payment of benefits between January 27, 2020 and
[INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER];
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(6) Small Businesses. Assistance to small businesses, including loans, grants, in-kind
assistance, technical assistance or other services, that responds to the negative economic impacts
of the COVID-19 public health emergency;
(7) Nonprofits. Assistance to nonprofit organizations, including loans, grants, in-kind
assistance, technical assistance or other services, that responds to the negative economic impacts
of the COVID-19 public health emergency;
(8) Assistance to Households. Assistance programs, including cash assistance programs,
that respond to the COVID-19 public health emergency;
(9) Aid to Impacted Industries. Aid to tourism, travel, hospitality, and other impacted
industries that responds to the negative economic impacts of the COVID-19 public health
emergency;
(10) Expenses to Improve Efficacy of Public Health or Economic Relief Programs.
Administrative costs associated with the recipient’s COVID-19 public health emergency
assistance programs, including services responding to the COVID-19 public health emergency or
its negative economic impacts, that are not federally funded.
(11) Survivor’s Benefits. Benefits for the surviving family members of individuals who
have died from COVID-19, including cash assistance to widows, widowers, or dependents of
individuals who died of COVID-19;
(12) Disproportionately Impacted Populations and Communities. A program, service, or
other assistance that is provided in a Qualified Census Tract, that is provided to households and
populations living in a Qualified Census Tract, that is provided by a Tribal government, or that is
provided to other households, businesses, or populations disproportionately impacted by the
COVID-19 public health emergency, such as:
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(i) Programs or services that facilitate access to health and social services, including:
(A)Assistance accessing or applying for public benefits or services;
(B)Remediation of lead paint or other lead hazards; and
(C)Community violence intervention programs;
(ii)Programs or services that address housing insecurity, lack of affordable housing, or
homelessness, including:
(A)Supportive housing or other programs or services to improve access to stable,
affordable housing among individuals who are homeless;
(B)Development of affordable housing to increase supply of affordable and high-quality
living units; and
(C) Housing vouchers and assistance relocating to neighborhoods with higher levels of
economic opportunity and to reduce concentrated areas of low economic opportunity;
(iii)Programs or services that address or mitigate the impacts of the COVID-19 public
health emergency on education, including:
(A) New or expanded early learning services;
(B) Assistance to high-poverty school districts to advance equitable funding across
districts and geographies; and
(C) Educational and evidence-based services to address the academic, social, emotional,
and mental health needs of students;
(iv) Programs or services that address or mitigate the impacts of the COVID-19 public
health emergency on childhood health or welfare, including:
(A) New or expanded childcare;
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(B) Programs to provide home visits by health professionals, parent educators, and social
service professionals to individuals with young children to provide education and assistance for
economic support, health needs, or child development; and
(C) Services for child welfare-involved families and foster youth to provide support and
education on child development, positive parenting, coping skills, or recovery for mental health
and substance use.
(c) Providing Premium Pay to Eligible Workers. A recipient may use funds to provide
premium pay to eligible workers of the recipient who perform essential work or to provide grants
to eligible employers, provided that any premium pay or grants provided under this paragraph (c)
must respond to eligible workers performing essential work during the COVID-19 public health
emergency. A recipient uses premium pay or grants provided under this paragraph (c) to respond
to eligible workers performing essential work during the COVID-19 public health emergency if
it prioritizes low-and moderate-income persons. The recipient must provide, whether for
themselves or on behalf of a grantee, a written justification to the Secretary of how the premium
pay or grant provided under this paragraph (c) responds to eligible workers performing essential
work if the premium pay or grant would increase an eligible worker’s total wages and
remuneration above 150 percent of such eligible worker’s residing State’s average annual wage
for all occupations or their residing county’s average annual wage, whichever is higher.
(d) Providing Government Services. For the provision of government services to the
extent of a reduction in the recipient’s general revenue, calculated according to paragraphs (d)(1)
and (d)(2).
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-
(1) Frequency. A recipient must calculate the reduction in its general revenue using
information as-of December 31, 2020, December 31, 2021, December 31, 2022, and December
31, 2023 (each, a calculation date) and following each calculation date.
(2) Calculation. A reduction in a recipient’s general revenue equals: 𝑛𝑛𝑡𝑡 𝑀𝑀𝑀𝑀𝑀𝑀 {[𝐵𝐵𝑀𝑀𝐵𝐵𝐵𝐵 𝑌𝑌𝐵𝐵𝑀𝑀𝑌𝑌 𝑅𝑅𝐵𝐵𝑅𝑅𝐵𝐵𝑅𝑅𝑅𝑅𝐵𝐵 ∗ (1 + 𝐺𝐺𝑌𝑌𝐺𝐺𝐺𝐺𝐺𝐺ℎ 𝐴𝐴𝐴𝐴𝐴𝐴𝑅𝑅𝐵𝐵𝐺𝐺𝐴𝐴𝐵𝐵𝑅𝑅𝐺𝐺)�12�] − 𝐴𝐴𝐴𝐴𝐺𝐺𝑅𝑅𝑀𝑀𝐴𝐴 𝐺𝐺𝐵𝐵𝑅𝑅𝐵𝐵𝑌𝑌𝑀𝑀𝐴𝐴 𝑅𝑅𝐵𝐵𝑅𝑅𝐵𝐵𝑅𝑅𝑅𝑅𝐵𝐵𝑡𝑡; 0}
Where:
(i) Base Year Revenue is the recipient’s general revenue for the most recent full fiscal
year prior to the COVD-19 public health emergency;
(ii) Growth Adjustment is equal to the greater of 4.1 percent (or 0.041) and the recipient’s
average annual revenue growth over the three full fiscal years prior to the COVID-19 public
health emergency.
(iii) n equals the number of months elapsed from the end of the base year to the
calculation date.
(iv)Actual General Revenue is a recipient’s actual general revenue collected during 12-
month period ending on each calculation date;
(v)Subscript t denotes the specific calculation date.
(e) To Make Necessary Investments in Infrastructure. A recipient may use funds to make
investments in:
(1) Clean Water State Revolving Fund and Drinking Water State Revolving Fund
investments. Projects or activities of the type that would be eligible under section 603(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(c)) or section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12); or,
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(2) Broadband. Broadband infrastructure that is designed to provide service to unserved
or underserved households and businesses and that is designed to, upon completion:
(A)Reliably meet or exceed symmetrical 100 Mbps download speed and upload speeds;
or
(B) In cases where it is not practicable, because of the excessive cost of the project or
geography or topography of the area to be served by the project, to provide service meeting the
standards set forth in paragraph (e)(2)(A) of this section:
(i) Reliably meet or exceed 100 Mbps download speed and between at least 20 Mbps and
100 Mbps upload speed; and
(ii) Be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed.
§ 35.7 Pensions.
A recipient may not use funds for deposit into any pension fund.
§ 35.8 Tax.
(a) Restriction. A State or Territory shall not use funds to either directly or indirectly
offset a reduction in the net tax revenue of the State or Territory resulting from a covered change
during the covered period.
(b) Violation. Treasury will consider a State or Territory to have used funds to offset a
reduction in net tax revenue if, during a reporting year:
(1) Covered Change. The State or Territory has made a covered change that, either based
on a reasonable statistical methodology to isolate the impact of the covered change in actual
revenue or based on projections that use reasonable assumptions and do not incorporate the
effects of macroeconomic growth to reduce or increase the projected impact of the covered
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change, the State or Territory assesses has had or predicts to have the effect of reducing tax
revenue relative to current law;
(2) Exceeds the De Minimis Threshold. The aggregate amount of the measured or
predicted reductions in tax revenue caused by covered changes identified under paragraph (b)(1)
of this section, in the aggregate, exceeds 1 percent of the State’s or Territory’s baseline;
(3) Reduction in Net Tax Revenue. The State or Territory reports a reduction in net tax
revenue, measured as the difference between actual tax revenue and the State’s or Territory’s
baseline, each measured as of the end of the reporting year; and
(4) Consideration of Other Changes. The aggregate amount of measured or predicted
reductions in tax revenue caused by covered changes is greater than the sum of the following, in
each case, as calculated for the reporting year:
(i)The aggregate amount of the expected increases in tax revenue caused by one or more
covered changes that, either based on a reasonable statistical methodology to isolate the impact
of the covered change in actual revenue or based on projections that use reasonable assumptions
and do not incorporate the effects of macroeconomic growth to reduce or increase the projected
impact of the covered change, the State or Territory assesses has had or predicts to have the
effect of increasing tax revenue; and
(ii)Reductions in spending, up to the amount of the State’s or Territory’s net reduction in
total spending, that are in:
(A)Departments, agencies, or authorities in which the State or Territory is not using
funds; and
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(B)Departments, agencies, or authorities in which the State or Territory is using funds, in
an amount equal to the value of the spending cuts in those departments, agencies, or authorities,
minus funds used.
(c) Amount and Revenue Reduction Cap. If a State or Territory is considered to be in
violation pursuant to paragraph (b) of this section, the amount used in violation of paragraph (a)
of this section is equal to the lesser of:
(1)The reduction in net tax revenue of the State or Territory for the reporting year,
measured as the difference between the State’s or Territory’s baseline and its actual tax revenue,
each measured as of the end of the reporting year; and,
(2) The aggregate amount of the reductions in tax revenues caused by covered changes
identified in paragraph (b)(1) of this section, minus the sum of the amounts in identified in
paragraphs (b)(4)(i)-(ii).
§ 35.9. Compliance with Applicable Laws.
A recipient must comply with all other applicable Federal statutes, regulations, and
executive orders, and a recipient shall provide for compliance with the American Rescue Plan
Act, this Subpart, and any interpretive guidance by other parties in any agreements it enters into
with other parties relating to these funds.
§ 35.10. Recoupment.
(a) Identification of Violations – (1) In general. Any amount used in violation of §§ 35.6
or 35.7 of this subpart may be identified at any time prior to December 31, 2026.
(2) Annual Reporting of Amounts of Violations. On an annual basis, a recipient that is a
State or Territory must calculate and report any amounts used in violation of § 35.8 of this
subpart.
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(b) Calculation of Amounts Subject to Recoupment – (1) In general. Except as provided
in paragraph (b)(2), Treasury will calculate any amounts subject to recoupment resulting from a
violation of §§ 35.6 or 35.7 of this subpart as the amounts used in violation of such restrictions.
(2) Violations of Section 35.8. Treasury will calculate any amounts subject to
recoupment resulting from a violation of § 35.8 of this subpart, equal to the lesser of:
(i)The amount set forth in § 35.8(c) of this subpart; and,
(ii)The amount of funds received by such recipient.
(c) Notice. If Treasury calculates an amount subject to recoupment under paragraph (b)
of this section, Treasury will provide the recipient a written notice of the amount subject to
recoupment along with an explanation of such amounts.
(d) Request for Reconsideration. Unless Treasury extends the time period, within 60
calendar days of receipt of a notice of recoupment provided under paragraph (c) of this section, a
recipient may submit a written request to Treasury requesting reconsideration of any amounts
subject to recoupment under paragraph (b) of this section. To request reconsideration of any
amounts subject to recoupment, a recipient must submit to Treasury a written request that
includes:
(i)An explanation of why the recipient believes all or some of the amount should not be
subject to recoupment; and
(ii)A discussion of supporting reasons, along with any additional information.
(e) Final Amount Subject to Recoupment. Unless Treasury extends the time period,
within 60 calendar days of receipt of the recipient’s request for reconsideration provided
pursuant to paragraph (d) of this section, the recipient will be notified of the Secretary’s decision
to affirm, withdraw, or modify the notice of recoupment. Such notification will include an
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explanation of the decision, including responses to the recipient’s supporting reasons and
consideration of additional information provided.
(f) Repayment of Funds. Unless Treasury extends the time period, a recipient shall repay
to the Secretary any amounts subject to recoupment in accordance with instructions provided by
Treasury:
(i)Within 120 calendar days of receipt of the notice of recoupment provided under
paragraph (c) of this section, in the case of a recipient that does not submit a request for
reconsideration in accordance with the requirements of paragraph (d) of this section, or
(ii) Within 120 calendar days of receipt of the Secretary’s decision under paragraph (e) of
this section, in the case of a recipient that submits a request for reconsideration in accordance
with the requirements of paragraph (d) of this section.
§ 35.11 Payments to States.
(a) In General. With respect to any State or Territory that has an unemployment rate as
of the date that it submits an initial certification for payment of funds pursuant to section
602(d)(1) of the Social Security Act that is less than two percentage points above its
unemployment rate in February 2020, the Secretary will withhold 50 percent of the amount of
funds allocated under section 602(b) of the Social Security Act to such State or territory until the
date that is twelve months from the date such initial certification is provided to the Secretary.
(b) Payment of Withheld Amount. In order to receive the amount withheld under
paragraph (a) of this section, the State or Territory must submit to the Secretary at least 30 days
prior to the date referenced in paragraph (a) the following information:
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(i) A certification, in the form provided by the Secretary, that such State or Territory
requires the payment to carry out the activities specified in section 602(c) of the Social Security
Act and will use the payment in compliance with section 602(c) of the Social Security Act; and,
(ii) Any reports required to be filed by that date pursuant to this part that have not yet
been filed.
§ 35.12. Distributions to Nonentitlement Units of Local Government and Units of General
Local Government.
(a) Nonentitlement Units of Local Government. Each State or Territory that receives a
payment from Treasury pursuant to section 603(b)(2)(B) of the Social Security Act shall
distribute the amount of the payment to nonentitlement units of government in such State or
Territory in accordance with the requirements set forth in section 603(b)(2)(C) of the Social
Security Act and without offsetting any debt owed by such nonentitlement units of local
governments against such payments.
(b) Budget Cap. A State or Territory may not make a payment to a nonentitlement unit of
local government pursuant to section 603(b)(2)(C) of the Social Security Act and paragraph (a)
of this section in excess of the amount equal to 75 percent of the most recent budget for the
nonentitlement unit of local government as of January 27, 2020. A State or Territory shall
permit a nonentitlement unit of local government without a formal budget as of
January 27, 2020, to provide a certification from an authorized officer of the nonentitlement unit
of local government of its most recent annual expenditures as of January 27, 2020, and a State or
Territory may rely on such certification for purposes of complying with this subsection.
(c) Units of General Local Government. Each State or Territory that receives a payment
from Treasury pursuant to section 603(b)(3)(B)(ii) of the Social Security Act, in the case of an
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amount to be paid to a county that is not a unit of general local government, shall distribute the
amount of the payment to units of general local government within such county in accordance
with the requirements set forth in section 603(b)(3)(B)(ii) of the Social Security Act and without
offsetting any debt owed by such units of general local government against such payments.
(d) Additional Conditions. A State or Territory may not place additional conditions or
requirements on distributions to nonentitlement units of local government or units of general
local government beyond those required by section 603 of the Social Security Act or this subpart.
Dated:
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