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Coronavirus State & Local Fiscal Recovery Funds: 2022 Overview of the Final Rule, a U.S. Department of the Treasury document dated January 2022 that summarizes major provisions of the final rule for informational purposes. It states that the Coronavirus State and Local Fiscal Recovery Funds, part of the American Rescue Plan, deliver $350 billion to state, local, and Tribal governments, and that the final rule takes effect on April 1, 2022. It describes the final rule's standard allowance for revenue loss of up to $10 million and its coverage of replacing lost public sector revenue, the COVID-19 public health and economic response, premium pay, water and sewer infrastructure and broadband infrastructure. The contents also list restrictions on use and program administration.

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Coronavirus State & Local
Fiscal Recovery Funds:
2022 Overview of the Final Rule


U.S. DEPARTMENT OF THE TREASURY




January 2022
U.S. DEPARTMENT OF THE TREASURY




   Note: In August 2023, Treasury released an interim final rule that implements the
   new eligible uses added to the SLFRF program by the Consolidated
   Appropriations Act, 2023. Treasury anticipates issuing FAQs for the 2023 interim
   final rule at a later date. Recipients may find helpful the Overview of the 2023
   Interim Final Rule, which provides a summary of major provisions of the 2023
   interim final rule for informational purposes. As noted below, this overview
   document pertains to the 2022 final rule. The Consolidated Appropriations Act,
   2023 did not alter how recipients may use SLFRF funds for the existing eligible
   uses described in the 2022 final rule and summarized in this document.
   Recipients may continue to use SLFRF funds in accordance with the 2022 final
   rule.



The Overview of the Final Rule provides a summary of major provisions of the final
rule for informational purposes and is intended as a brief, simplified user guide to the
final rule provisions.

The descriptions provided in this document summarize key provisions of the final rule
but are non-exhaustive, do not describe all terms and conditions associated with the use
of SLFRF, and do not describe all requirements that may apply to this funding. Any SLFRF
funds received are also subject to the terms and conditions of the agreement entered
into by Treasury and the respective jurisdiction, which incorporate the provisions of the
final rule and the guidance that implements this program.




          Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule

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            U.S. DEPARTMENT OF THE TREASURY

Contents

Introduction .................................................................................................................................................. 4
Overview of the Program .............................................................................................................................. 6
Replacing Lost Public Sector Revenue .......................................................................................................... 9
Responding to Public Health and Economic Impacts of COVID-19 ............................................................. 12
   Responding to the Public Health Emergency .......................................................................................... 14
   Responding to Negative Economic Impacts............................................................................................ 16
       Assistance to Households ................................................................................................................... 17
       Assistance to Small Businesses ........................................................................................................... 21
       Assistance to Nonprofits ..................................................................................................................... 23
       Aid to Impacted Industries .................................................................................................................. 24
   Public Sector Capacity ............................................................................................................................. 26
       Public Safety, Public Health, and Human Services Staff ..................................................................... 26
       Government Employment and Rehiring Public Sector Staff ............................................................... 27
       Effective Service Delivery .................................................................................................................... 28
   Capital Expenditures ............................................................................................................................... 30
   Framework for Eligible Uses Beyond those Enumerated ....................................................................... 32
Premium Pay ............................................................................................................................................... 35
Water & Sewer Infrastructure .................................................................................................................... 37
Broadband Infrastructure ........................................................................................................................... 39
Restrictions on Use ..................................................................................................................................... 41
Program Administration ............................................................................................................................. 43




                            Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule

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        U.S. DEPARTMENT OF THE TREASURY

Introduction

The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan,
delivers $350 billion to state, local, and Tribal governments across the country to support their response
to and recovery from the COVID-19 public health emergency. The program ensures that governments
have the resources needed to:

    •   Fight the pandemic and support families and businesses struggling with its public health and
        economic impacts,
    •   Maintain vital public services, even amid declines in revenue, and
    •   Build a strong, resilient, and equitable recovery by making investments that support long-term
        growth and opportunity.

EARLY PROGRAM IMPLEMENTATION

In May 2021, Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of
funds (as well as other program provisions), sought feedback from the public on these program rules,
and began to distribute funds. The IFR went immediately into effect in May, and since then,
governments have used SLFRF funds to meet their immediate pandemic response needs and begin
building a strong and equitable recovery, such as through providing vaccine incentives, development of
affordable housing, and construction of infrastructure to deliver safe and reliable water.

As governments began to deploy this funding in their communities, Treasury carefully considered the
feedback provided through its public comment process and other forums. Treasury received over 1,500
comments, participated in hundreds of meetings, and received correspondence from a wide range of
governments and other stakeholders.

KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE

The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in
the comment process. Among other clarifications and changes, the final rule provides the features
below.

Replacing Lost Public Sector Revenue

The final rule offers a standard allowance for revenue loss of up to $10 million, allowing recipients to
select between a standard amount of revenue loss or complete a full revenue loss calculation.
Recipients that select the standard allowance may use that amount – in many cases their full award – for
government services, with streamlined reporting requirements.

Public Health and Economic Impacts

In addition to programs and services, the final rule clarifies that recipients can use funds for capital
expenditures that support an eligible COVID-19 public health or economic response. For example,
recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects
consistent with final rule requirements.



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In addition, the final rule provides an expanded set of households and communities that are presumed
to be “impacted” and “disproportionately impacted” by the pandemic, thereby allowing recipients to
provide responses to a broad set of households and entities without requiring additional analysis.
Further, the final rule provides a broader set of uses available for these communities as part of COVID-
19 public health and economic response, including making affordable housing, childcare, early learning,
and services to address learning loss during the pandemic eligible in all impacted communities and
making certain community development and neighborhood revitalization activities eligible for
disproportionately impacted communities.

Further, the final rule allows for a broader set of uses to restore and support government employment,
including hiring above a recipient’s pre-pandemic baseline, providing funds to employees that
experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives.

Premium Pay

The final rule delivers more streamlined options to provide premium pay, by broadening the share of
eligible workers who can receive premium pay without a written justification while maintaining a focus
on lower-income and frontline workers performing essential work.

Water, Sewer & Broadband Infrastructure

The final rule significantly broadens eligible broadband infrastructure investments to address challenges
with broadband access, affordability, and reliability, and adds additional eligible water and sewer
infrastructure investments, including a broader range of lead remediation and stormwater management
projects.

FINAL RULE EFFECTIVE DATE

The final rule takes effect on April 1, 2022. Until that time, the interim final rule remains in effect; funds
used consistently with the IFR while it is in effect are in compliance with the SLFRF program.

However, recipients can choose to take advantage of the final rule’s flexibilities and simplifications now,
even ahead of the effective date. Treasury will not take action to enforce the interim final rule to the
extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF
funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus
State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which can be found on Treasury’s
website, for more information on compliance with the interim final rule and the final rule.




                   Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule

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Overview of the Program
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility
for each jurisdiction to meet local needs within the four separate eligible use categories. This Overview
of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible
to the most specific.

Recipients may use SLFRF funds to:

    •   Replace lost public sector revenue, using this funding to provide government services up to the
        amount of revenue loss due to the pandemic.

            •   Recipients may determine their revenue loss by choosing between two options:

                    •   A standard allowance of up to $10 million in aggregate, not to exceed their
                        award amount, during the program;

                    •   Calculating their jurisdiction’s specific revenue loss each year using Treasury’s
                        formula, which compares actual revenue to a counterfactual trend.

            •   Recipients may use funds up to the amount of revenue loss for government services;
                generally, services traditionally provided by recipient governments are government
                services, unless Treasury has stated otherwise.

    •   Support the COVID-19 public health and economic response by addressing COVID-19 and its
        impact on public health as well as addressing economic harms to households, small businesses,
        nonprofits, impacted industries, and the public sector.

            •   Recipients can use funds for programs, services, or capital expenditures that respond to
                the public health and negative economic impacts of the pandemic.

            •   To provide simple and clear eligible uses of funds, Treasury provides a list of
                enumerated uses that recipients can provide to households, populations, or classes (i.e.,
                groups) that experienced pandemic impacts.

            •   Public health eligible uses include COVID-19 mitigation and prevention, medical
                expenses, behavioral healthcare, and preventing and responding to violence.

            •   Eligible uses to respond to negative economic impacts are organized by the type of
                beneficiary: assistance to households, small businesses, and nonprofits.

                    •   Each category includes assistance for “impacted” and “disproportionately
                        impacted” classes: impacted classes experienced the general, broad-based
                        impacts of the pandemic, while disproportionately impacted classes faced
                        meaningfully more severe impacts, often due to preexisting disparities.

                    •   To simplify administration, the final rule presumes that some populations and
                        groups were impacted or disproportionately impacted and are eligible for
                        responsive services.
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                    •   Eligible uses for assistance to impacted households include aid for re-
                        employment, job training, food, rent, mortgages, utilities, affordable housing
                        development, childcare, early education, addressing learning loss, and many
                        more uses.

                    •   Eligible uses for assistance to impacted small businesses or nonprofits include
                        loans or grants to mitigate financial hardship, technical assistance for small
                        businesses, and many more uses.

            •   Recipients can also provide assistance to impacted industries like travel, tourism, and
                hospitality that faced substantial pandemic impacts, or address impacts to the public
                sector, for example by re-hiring public sector workers cut during the crisis.

            •   Recipients providing funds for enumerated uses to populations and groups that
                Treasury has presumed eligible are clearly operating consistently with the final rule.
                Recipients can also identify (1) other populations or groups, beyond those presumed
                eligible, that experienced pandemic impacts or disproportionate impacts and (2) other
                programs, services, or capital expenditures, beyond those enumerated, to respond to
                those impacts.

    •   Provide premium pay for eligible workers performing essential work, offering additional
        support to those who have and will bear the greatest health risks because of their service in
        critical sectors.

            •   Recipients may provide premium pay to eligible workers – generally those working in-
                person in key economic sectors – who are below a wage threshold or non-exempt from
                the Fair Labor Standards Act overtime provisions, or if the recipient submits justification
                that the premium pay is responsive to workers performing essential work.

    •   Invest in water, sewer, and broadband infrastructure, making necessary investments to
        improve access to clean drinking water, to support vital wastewater and stormwater
        infrastructure, and to expand affordable access to broadband internet.

            •   Recipients may fund a broad range of water and sewer projects, including those eligible
                under the EPA’s Clean Water State Revolving Fund, EPA’s Drinking Water State
                Revolving Fund, and certain additional projects, including a wide set of lead
                remediation, stormwater infrastructure, and aid for private wells and septic units.

            •   Recipients may fund high-speed broadband infrastructure in areas of need that the
                recipient identifies, such as areas without access to adequate speeds, affordable
                options, or where connections are inconsistent or unreliable; completed projects must
                participate in a low-income subsidy program.

While recipients have considerable flexibility to use funds to address the diverse needs of their
communities, some restrictions on use apply across all eligible use categories. These include:

    •   For states and territories: No offsets of a reduction in net tax revenue resulting from a change
        in state or territory law.
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    •   For all recipients except for Tribal governments: No extraordinary contributions to a pension
        fund for the purpose of reducing an accrued, unfunded liability.

    •   For all recipients: No payments for debt service and replenishments of rainy day funds; no
        satisfaction of settlements and judgments; no uses that contravene or violate the American
        Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state,
        and local laws and regulations.

Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further,
funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period,
during which recipients can expend SLFRF funds, is the “period of performance.”

In addition to SLFRF, the American Rescue Plan includes other sources of funding for state and local
governments, including the Coronavirus Capital Projects Fund to fund critical capital investments
including broadband infrastructure; the Homeowner Assistance Fund to provide relief for our country’s
most vulnerable homeowners; the Emergency Rental Assistance Program to assist households that are
unable to pay rent or utilities; and the State Small Business Credit Initiative to fund small business credit
expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more
information.




                   Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule

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Replacing Lost Public Sector Revenue
The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that
have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically,
SLFRF funding may be used to pay for “government services” in an amount equal to the revenue loss
experienced by the recipient due to the COVID-19 public health emergency.

Government services generally include any service traditionally provided by a government, including
construction of roads and other infrastructure, provision of public safety and other services, and health
and educational services. Funds spent under government services are subject to streamlined reporting
and compliance requirements.

In order to use funds under government services, recipients should first determine revenue loss. They
may, then, spend up to that amount on general government services.

DETERMINING REVENUE LOSS

Recipients have two options for how to determine their amount of revenue loss. Recipients must choose
one of the two options and cannot switch between these approaches after an election is made.

    1. Recipients may elect a “standard allowance” of $10 million to spend on government services
       through the period of performance.

        Under this option, which is newly offered in the final rule Treasury presumes that up to $10
        million in revenue has been lost due to the public health emergency and recipients are
        permitted to use that amount (not to exceed the award amount) to fund “government services.”
        The standard allowance provides an estimate of revenue loss that is based on an extensive
        analysis of average revenue loss across states and localities, and offers a simple, convenient way
        to determine revenue loss, particularly for SLFRF’s smallest recipients.

        All recipients may elect to use this standard allowance instead of calculating lost revenue using
        the formula below, including those with total allocations of $10 million or less. Electing the
        standard allowance does not increase or decrease a recipient’s total allocation.

    2. Recipients may calculate their actual revenue loss according to the formula articulated in the
       final rule.

        Under this option, recipients calculate revenue loss at four distinct points in time, either at the
        end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end
        of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can
        choose whether to use calendar or fiscal year dates but must be consistent throughout the
        period of performance. Treasury has also provided several adjustments to the definition of
        general revenue in the final rule.

        To calculate revenue loss at each of these dates, recipients must follow a four-step process:


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    a. Calculate 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.

    b. Estimate counterfactual revenue, which is equal to the following formula, where n is the
       number of months elapsed since the end of the base year to the calculation date:

                                                                                   𝑛
                         𝑏𝑎𝑠𝑒 𝑦𝑒𝑎𝑟 𝑟𝑒𝑣𝑒𝑛𝑢𝑒 × (1 + 𝑔𝑟𝑜𝑤𝑡ℎ 𝑎𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡)12

        The growth adjustment is the greater of either a standard growth rate—5.2 percent—or
        the recipient’s average annual revenue growth in the last full three fiscal years prior to
        the COVID-19 public health emergency.

    c. Identify actual revenue, which equals revenues collected over the twelve months
       immediately preceding the calculation date.

        Under the final rule, recipients must adjust actual revenue totals for the effect of tax
        cuts and tax increases that are adopted after the date of adoption of the final rule
        (January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases
        adopted after January 6, 2022, must be added or subtracted to the calculation of actual
        revenue for purposes of calculation dates that occur on or after April 1, 2022.

        Recipients may subtract from their calculation of actual revenue the effect of tax
        increases enacted prior to the adoption of the final rule. Note that recipients that elect
        to remove the effect of tax increases enacted before the adoption of the final rule must
        also remove the effect of tax decreases enacted before the adoption of the final rule,
        such that they are accurately removing the effect of tax policy changes on revenue.

    d. Revenue loss for the calculation date is equal to counterfactual revenue minus actual
       revenue (adjusted for tax changes) for the twelve-month period. If actual revenue
       exceeds counterfactual revenue, the loss is set to zero for that twelve-month period.
       Revenue loss for the period of performance is the sum of the revenue loss on for each
       calculation date.

The supplementary information in the final rule provides an example of this calculation, which
recipients may find helpful, in the Revenue Loss section.




          Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule

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SPENDING ON GOVERNMENT SERVICES

Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be
the standard allowance amount or the amount calculated using the above approach. Government
services generally include any service traditionally provided by a government, unless Treasury has
stated otherwise. Here are some common examples, although this list is not exhaustive:

          ✓ Construction of schools and hospitals              ✓ Environmental remediation
          ✓ Road building and maintenance, and                 ✓ Provision of police, fire, and other public
            other infrastructure                                 safety services (including purchase of
          ✓ Health services                                      fire trucks and police vehicles)
          ✓ General government administration,
            staff, and administrative facilities

Government services is the most flexible eligible use category under the SLFRF program, and funds are
subject to streamlined reporting and compliance requirements. Recipients should be mindful that
certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of
funds, apply to government services as well.




                   Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule

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         U.S. DEPARTMENT OF THE TREASURY

Responding to Public Health and Economic Impacts of COVID-19

The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the
public health and economic needs of those impacted by the pandemic in their communities, as well as
address longstanding health and economic disparities, which amplified the impact of the pandemic in
disproportionately impacted communities, resulting in more severe pandemic impacts.

The eligible use category to respond to public health and negative economic impacts is organized
around the types of assistance a recipient may provide and includes several sub-categories:

    •    public health,
    •    assistance to households,
    •    assistance to small businesses,
    •    assistance to nonprofits,
    •    aid to impacted industries, and
    •    public sector capacity.

In general, to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19
public health or economic impact on an individual or class (i.e., a group) and (2) design a program that
responds to that impact. Responses should be related and reasonably proportional to the harm
identified and reasonably designed to benefit those impacted.

To provide simple, clear eligible uses of funds that meet this standard, Treasury provides a non-
exhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that
some populations experienced pandemic impacts and are eligible for responsive services. In other
words, recipients providing enumerated uses of funds to populations presumed eligible are clearly
operating consistently with the final rule.1

Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2)
serve other populations that experienced pandemic impacts, beyond the enumerated uses and
presumed eligible populations. Recipients can also identify groups or “classes” of beneficiaries that
experienced pandemic impacts and provide services to those classes.




1 However, please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further,

recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure; please
note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm
except as provided in the Capital Expenditures section.
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 Step                1. Identify COVID-19 public health or                 2. Design a response that addresses or
                     economic impact                                       responds to the impact
 Analysis                                                                  • Types of responses can include a
                     •    Can identify impact to a specific
                                                                               program, service, or capital
                          household, business or nonprofit or
                                                                               expenditure
                          to a class of households, businesses,
                          or nonprofits (i.e., group)                      • Response should be related and
                     •    Can also identify disproportionate                   reasonably proportional to the harm
                          impacts, or more severe impacts, to              • Response should also be reasonably
                          a specific beneficiary or to a class                 designed to benefit impacted
                                                                               individual or class
 Simplifying
              •           Final Rule presumes certain                      • Final Rule provides non-exhaustive
 Presumptions                                                                  list of enumerated eligible uses that
                          populations and classes are impacted
                          and disproportionately impacted                      respond to pandemic impacts and
                                                                               disproportionate impacts


To assess eligibility of uses of funds, recipients should first determine the sub-category where their use
of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on
the entity that experienced the health or economic impact.2 Then, recipients should refer to the relevant
section for more details on each sub-category.

While the same overall eligibility standard applies to all uses of funds to respond to the public health
and negative economic impacts of the pandemic, each sub-category has specific nuances on its
application. In addition:

    •    Recipients interested in using funds for capital expenditures (i.e., investments in property,
         facilities, or equipment) should review the Capital Expenditures section in addition to the
         eligible use sub-category.
    •    Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the
         section on “Framework for Eligible Uses Beyond Those Enumerated.”




2 For example, a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact

experienced by a household and should refer to the section on assistance to households. Recipients should also be aware of the
difference between “beneficiaries” and “sub-recipients.” Beneficiaries are households, small businesses, or nonprofits that can
receive assistance based on impacts of the pandemic that they experienced. On the other hand, sub-recipients are
organizations that carry out eligible uses on behalf of a government, often through grants or contracts. Sub-recipients do not
need to have experienced a negative economic impact of the pandemic; rather, they are providing services to beneficiaries that
experienced an impact.
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RESPONDING TO THE PUBLIC HEALTH EMERGENCY

While the country has made tremendous progress in the fight against COVID-19, including a historic
vaccination campaign, the disease still poses a grave threat to Americans’ health and the economy.
Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a
core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways
that the pandemic has impacted public health. Treasury has identified several public health impacts of
the pandemic and enumerated uses of funds to respond to impacted populations.

•   COVID-19 mitigation and prevention. The pandemic has broadly impacted Americans and recipients
    can provide services to prevent and mitigate COVID-19 to the general public or to small businesses,
    nonprofits, and impacted industries in general. Enumerated eligible uses include:

      ✓ Vaccination programs, including vaccine            ✓ Support for prevention, mitigation, or
        incentives and vaccine sites                         other services in congregate living
      ✓ Testing programs, equipment and sites                facilities, public facilities, and schools
      ✓ Monitoring, contact tracing & public               ✓ Support for prevention and mitigation
        health surveillance (e.g., monitoring for            strategies in small businesses, nonprofits,
        variants)                                            and impacted industries
      ✓ Public communication efforts                       ✓ Medical facilities generally dedicated to
      ✓ Public health data systems                           COVID-19 treatment and mitigation (e.g.,
                                                             ICUs, emergency rooms)
      ✓ COVID-19 prevention and treatment
        equipment, such as ventilators and                 ✓ Temporary medical facilities and other
        ambulances                                           measures to increase COVID-19 treatment
                                                             capacity
      ✓ Medical and PPE/protective supplies
                                                           ✓ Emergency operations centers &
      ✓ Support for isolation or quarantine
                                                             emergency response equipment (e.g.,
      ✓ Ventilation system installation and                  emergency response radio systems)
        improvement
                                                           ✓ Public telemedicine capabilities for COVID-
      ✓ Technical assistance on mitigation of                19 related treatment
        COVID-19 threats to public health and
        safety
      ✓ Transportation to reach vaccination or
        testing sites, or other prevention and
        mitigation services for vulnerable
        populations




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•   Medical expenses. Funds may be used for expenses to households, medical providers, or others that
    incurred medical costs due to the pandemic, including:

     ✓ Unreimbursed expenses for medical care            ✓ Emergency medical response expenses
       for COVID-19 testing or treatment, such           ✓ Treatment of long-term symptoms or effects
       as uncompensated care costs for                     of COVID-19
       medical providers or out-of-pocket costs
       for individuals
     ✓ Paid family and medical leave for public
       employees to enable compliance with
       COVID-19 public health precautions


•   Behavioral health care, such as mental health treatment, substance use treatment, and other
    behavioral health services. Treasury recognizes that the pandemic has broadly impacted Americans’
    behavioral health and recipients can provide these services to the general public to respond.
    Enumerated eligible uses include:

     ✓ Prevention, outpatient treatment,                 ✓ Support for equitable access to reduce
       inpatient treatment, crisis care,                   disparities in access to high-quality
       diversion programs, outreach to                     treatment
       individuals not yet engaged in                    ✓ Peer support groups, costs for residence in
       treatment, harm reduction & long-term               supportive housing or recovery housing, and
       recovery support                                    the 988 National Suicide Prevention Lifeline
     ✓ Enhanced behavioral health services in              or other hotline services
       schools                                           ✓ Expansion of access to evidence-based
     ✓ Services for pregnant women or infants              services for opioid use disorder prevention,
       born with neonatal abstinence                       treatment, harm reduction, and recovery
       syndrome                                          ✓ Behavioral health facilities & equipment


•   Preventing and responding to violence. Recognizing that violence – and especially gun violence –
    has increased in some communities due to the pandemic, recipients may use funds to respond in
    these communities through:

     ✓ Referrals to trauma recovery services for
                                                            ✓ In communities experiencing increased
       victims of crime
                                                              gun violence due to the pandemic:
     ✓ Community violence intervention
                                                               • Law enforcement officers focused
       programs, including:
                                                                   on advancing community policing
       • Evidence-based practices like
                                                               • Enforcement efforts to reduce gun
            focused deterrence, with
                                                                   violence, including prosecution
            wraparound services such as
                                                               • Technology & equipment to support
            behavioral therapy, trauma
                                                                   law enforcement response
            recovery, job training, education,
            housing and relocation services, and
            financial assistance
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RESPONDING TO NEGATIVE ECONOMIC IMPACTS

The pandemic caused severe economic damage and, while the economy is on track to a strong recovery,
much work remains to continue building a robust, resilient, and equitable economy in the wake of the
crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted
millions of American households and businesses, some of its most severe impacts fell on low-income
and underserved communities, where pre-existing disparities amplified the impact of the pandemic and
where the most work remains to reach a full recovery.

The final rule recognizes that the pandemic caused broad-based impacts that affected many
communities, households, and small businesses across the country; for example, many workers faced
unemployment and many small businesses saw declines in revenue. The final rule describes these as
“impacted" households, communities, small businesses, and nonprofits.

At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain
communities. For example, low-income and underserved communities have faced more severe health
and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because pre-
existing disparities exacerbated the impact of the pandemic. The final rule describes these as
“disproportionately impacted” households, communities, small businesses, and nonprofits.

To simplify administration of the program, the final rule presumes that certain populations were
“impacted” and “disproportionately impacted” by the pandemic; these populations are presumed to be
eligible for services that respond to the impact they experienced. The final rule also enumerates a non-
exhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate
impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly
operating consistently with the final rule.

As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients
can also identify other pandemic impacts, impacted or disproportionately impacted populations or
classes, and responses.




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Assistance to Households

Impacted Households and Communities

Treasury presumes the following households and communities are impacted by the pandemic:

  ✓ Low- or-moderate income households or                     ✓ When providing affordable housing programs:
    communities                                                 households that qualify for the National Housing
  ✓ Households that experienced                                 Trust Fund and Home Investment Partnerships
    unemployment                                                Program
  ✓ Households that experienced increased                     ✓ When providing services to address lost
    food or housing insecurity                                  instructional time in K-12 schools: any student
  ✓ Households that qualify for the Children’s                  that lost access to in-person instruction for a
    Health Insurance Program, Childcare                         significant period of time
    Subsidies through the Child Care
    Development Fund (CCDF) Program, or
    Medicaid
Low- or moderate-income households and communities are those with (i) income at or below 300
percent of the Federal Poverty Guidelines for the size of the household based on the most recently
published poverty guidelines or (ii) income at or below 65 percent of the area median income for the
county and size of household based on the most recently published data. For the vast majority of
communities, the Federal Poverty Guidelines are higher than the area’s median income and using the
Federal Poverty Guidelines would result in more households and communities being presumed eligible.
Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median
income levels on its website.
Recipients can measure income for a specific household or the median income for the community,
depending on whether the response they plan to provide serves specific households or the general
community. The income thresholds vary by household size; recipients should generally use income
thresholds for the appropriate household size but can use a default household size of three when easier
for administration or when measuring income for a general community.
The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $65,880
per year.3 In other words, recipients can always presume that a household earning below this level, or a
community with median income below this level, is impacted by the pandemic and eligible for services
to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses
Beyond Those Enumerated, recipients may designate additional households as impacted or
disproportionately impacted beyond these presumptions, and may also pursue projects not listed below
in response to these impacts consistent with Treasury’s standards.




3 For recipients in Alaska, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $82,350

per year. For recipients in Hawaii, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is
$75,780 per year.
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Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as
eligible to respond to impacts of the pandemic on households and communities:

  ✓ Food assistance (e.g., child nutrition                         ✓ Burials, home repair & home weatherization
    programs, including school meals) & food                       ✓ Programs, devices & equipment for internet
    banks                                                            access and digital literacy, including subsidies
  ✓ Emergency housing assistance: rental                             for costs of access
    assistance, mortgage assistance, utility                       ✓ Cash assistance
    assistance, assistance paying delinquent                       ✓ Paid sick, medical, and family leave programs
    property taxes, counseling and legal aid to
                                                                   ✓ Assistance in accessing and applying for
    prevent eviction and homelessness &
                                                                     public benefits or services
    emergency programs or services for homeless
    individuals, including temporary residences                    ✓ Childcare and early learning services, home
    for people experiencing homelessness                             visiting programs, services for child welfare-
                                                                     involved families and foster youth & childcare
  ✓ Health insurance coverage expansion
                                                                     facilities
  ✓ Benefits for surviving family members of
                                                                   ✓ Assistance to address the impact of learning
    individuals who have died from COVID-19
                                                                     loss for K-12 students (e.g., high-quality
  ✓ Assistance to individuals who want and are                       tutoring, differentiated instruction)
    available for work, including job training,
                                                                   ✓ Programs or services to support long-term
    public jobs programs and fairs, support for
                                                                     housing security: including development of
    childcare and transportation to and from a
                                                                     affordable housing and permanent
    jobsite or interview, incentives for newly-
                                                                     supportive housing
    employed workers, subsidized employment,
    grants to hire underserved workers,                            ✓ Certain contributions to an Unemployment
    assistance to unemployed individuals to start                    Insurance Trust Fund4
    small businesses & development of job and
    workforce training centers
  ✓ Financial services for the unbanked and
    underbanked




4 Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal

amount due on advances received under Title XII of the Social Security Act up to an amount equal to (i) the difference between
the balance in the recipient’s unemployment insurance trust fund as of January 27, 2020 and the balance of such account as of
May 17, 2021, plus (ii) the principal amount outstanding as of May 17, 2021 on any advances received under Title XII of the
Social Security Act between January 27, 2020 and May 17, 2021. Further, recipients may use SLFRF funds for the payment of
any interest due on such Title XII advances. Additionally, a recipient that deposits SLFRF funds into its unemployment insurance
trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds, back up
to the pre-pandemic balance. Recipients that deposit SLFRF funds into an unemployment insurance trust fund, or use SLFRF
funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by
changing the computation method governing regular unemployment compensation in a way that results in a reduction of
average weekly benefit amounts or the number of weeks of benefits payable (i.e., maximum benefit entitlement).
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Disproportionately Impacted Households and Communities

Treasury presumes the following households and communities are disproportionately impacted by the
pandemic:

  ✓ Low -income households and communities                         ✓ Households receiving services provided by
  ✓ Households residing in Qualified Census                          Tribal governments
    Tracts                                                         ✓ Households residing in the U.S. territories or
  ✓ Households that qualify for certain federal                      receiving services from these governments
    benefits5
Low-income households and communities are those with (i) income at or below 185 percent of the
Federal Poverty Guidelines for the size of its household based on the most recently published poverty
guidelines or (ii) income at or below 40 percent of area median income for its county and size of
household based on the most recently published data. For the vast majority of communities, the Federal
Poverty Guidelines level is higher than the area median income level and using this level would result in
more households and communities being presumed eligible. Treasury has provided an easy-to-use
spreadsheet with Federal Poverty Guidelines and area median income levels on its website.
Recipients can measure income for a specific household or the median income for the community,
depending on whether the service they plan to provide serves specific households or the general
community. The income thresholds vary by household size; recipients should generally use income
thresholds for the appropriate household size but can use a default household size of three when easier
for administration or when measuring income for a general community.
The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $40,626
per year.6 In other words, recipients can always presume that a household earning below this level, or a
community with median income below this level, is disproportionately impacted by the pandemic and
eligible for services to respond.




5 These programs are Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP),

Free- and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs, Medicare Part D Low-Income Subsidies,
Supplemental Security Income (SSI), Head Start and/or Early Head Start, Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC), Section 8 Vouchers, Low-Income Home Energy Assistance Program (LIHEAP), and Pell Grants. For
services to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and
responsive services that support the school generally or support the whole school as eligible.
6 For recipients in Alaska, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $50,783

per year. For recipients in Hawaii, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is
$46,731 per year
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Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as
eligible to respond to disproportionate impacts of the pandemic on households and communities:

  ✓ Pay for community health workers to help                          ✓ Improvements to vacant and abandoned
    households access health & social services                          properties, including rehabilitation or
  ✓ Remediation of lead paint or other lead                             maintenance, renovation, removal and
    hazards                                                             remediation of environmental contaminants,
  ✓ Primary care clinics, hospitals, integration of                     demolition or deconstruction, greening/vacant lot
    health services into other settings, and other                      cleanup & conversion to affordable housing7
    investments in medical equipment & facilities                     ✓ Services to address educational disparities,
    designed to address health disparities                              including assistance to high-poverty school
  ✓ Housing vouchers & assistance relocating to                         districts & educational and evidence-based
    neighborhoods with higher economic                                  services to address student academic, social,
    opportunity                                                         emotional, and mental health needs
  ✓ Investments in neighborhoods to promote                           ✓ Schools and other educational equipment &
    improved health outcomes                                            facilities




7 Please see the final rule for further details and conditions applicable to this eligible use. This includes Treasury’s presumption

that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for
low- and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing
is ineligible for support with SLFRF funds.
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Assistance to Small Businesses

Small businesses have faced widespread challenges due to the pandemic, including periods of
shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to
respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses
where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.

Small businesses eligible for assistance are those that experienced negative economic impacts or
disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:

     1. Have 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. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes,
        among other requirements, that the business is independently owned and operated and is not
        dominant in its field of operation).


Impacted Small Businesses

Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many
ways; for example, recipients could consider:

       ✓ Decreased revenue or gross receipts               ✓ Capacity to weather financial hardship
       ✓ Financial insecurity                              ✓ Challenges covering payroll, rent or
       ✓ Increased costs                                     mortgage, and other operating costs

Assistance to small businesses that experienced negative economic impacts includes the following
enumerated uses:

       ✓    Loans or grants to mitigate financial          ✓ Technical assistance, counseling, or other
            hardship, such as by supporting payroll          services to support business planning
            and benefits, costs to retain employees,
            and mortgage, rent, utility, and other
            operating costs


Disproportionately Impacted Small Businesses

Treasury presumes that the following small businesses are disproportionately impacted by the
pandemic:




8 15 U.S.C. 632.

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     ✓ Small businesses operating in Qualified          ✓ Small businesses operating in the U.S.
       Census Tracts                                      territories
     ✓ Small businesses operated by Tribal
       governments or on Tribal lands

Assistance to disproportionately impacted small businesses includes the following enumerated uses,
which have been expanded under the final rule:

     ✓ Rehabilitation of commercial properties,            ✓ Support for microbusinesses, including
       storefront improvements & façade                      financial, childcare, and transportation costs
       improvements
     ✓ Technical assistance, business incubators &
       grants for start-up or expansion costs for
       small businesses




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Assistance to Nonprofits

Nonprofits have faced significant challenges due to the pandemic’s increased demand for services and
changing operational needs, as well as declines in revenue sources such as donations and fees.
Nonprofits eligible for assistance are those that experienced negative economic impacts or
disproportionate impacts of the pandemic and meet the definition of “nonprofit”—specifically those
that are 501(c)(3) or 501(c)(19) tax-exempt organizations.

Impacted Nonprofits

Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways;
for example, recipients could consider:

     ✓ Decreased revenue (e.g., from donations           ✓ Capacity to weather financial hardship
       and fees)                                         ✓ Challenges covering payroll, rent or
     ✓ Financial insecurity                                mortgage, and other operating costs
     ✓ Increased costs (e.g., uncompensated
       increases in service need)


Assistance to nonprofits that experienced negative economic impacts includes the following
enumerated uses:

     ✓ Loans or grants to mitigate financial             ✓ Technical or in-kind assistance or other
       hardship                                            services that mitigate negative economic
                                                           impacts of the pandemic

Disproportionately Impacted Nonprofits

Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic:

     ✓ Nonprofits operating in Qualified Census          ✓ Nonprofits operating in the U.S. territories
       Tracts
     ✓ Nonprofits operated by Tribal
       governments or on Tribal lands


Recipients may identify appropriate responses that are related and reasonably proportional to
addressing these disproportionate impacts.




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Aid to Impacted Industries

Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic.
Recipients should first designate an impacted industry and then provide aid to address the impacted
industry’s negative economic impact.

This sub-category of eligible uses does not separately identify disproportionate impacts and
corresponding responsive services.

     1. Designating an impacted industry. There are two main ways an industry can be designated as
        “impacted.”

          1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development
             districts), the industry is impacted.

          2. If the industry is outside the travel, tourism, or hospitality sectors, the industry is impacted
             if:

                    a. The industry experienced at least 8 percent employment loss from pre-pandemic
                       levels,9 or

                    b. The industry is experiencing comparable or worse economic impacts as the national
                       tourism, travel, and hospitality industries as of the date of the final rule, based on
                       the totality of economic indicators or qualitative data (if quantitative data is
                       unavailable), and if the impacts were generally due to the COVID-19 public health
                       emergency.

          Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages
          recipients to define narrow and discrete industries eligible for aid. State and territory recipients
          also have flexibility to define the industries with greater geographic precision; for example, a
          state may identify a particular industry in a certain region of a state as impacted.

     2. Providing eligible aid to the impacted industry. Aid may only be provided to support
        businesses, attractions, and Tribal development districts operating prior to the pandemic and
        affected by required closures and other efforts to contain the pandemic. Further, aid should be
        generally broadly available to all businesses within the impacted industry to avoid potential
        conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such
        as payroll, before being used on other types of costs.


9 Specifically, a recipient should compare the percent change in the number of employees of the recipient’s identified industry

and the national Leisure & Hospitality sector in the three months before the pandemic’s most severe impacts began (a straight
three-month average of seasonally-adjusted employment data from December 2019, January 2020, and February 2020) with
the latest data as of the final rule (a straight three-month average of seasonally-adjusted employment data from September
2021, October 2021, and November 2021). For parity and simplicity, smaller recipients without employment data that measure
industries in their specific jurisdiction may use data available for a broader unit of government for this calculation (e.g., a
county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is
located) solely for purposes of determining whether a particular industry is an impacted industry.
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        Treasury recognizes the enumerated projects below as eligible responses to impacted
        industries.

          ✓ Aid to mitigate financial hardship, such          ✓ Technical assistance, counseling, or
            as supporting payroll costs, lost pay and           other services to support business
            benefits for returning employees,                   planning
            support of operations and maintenance             ✓ COVID-19 mitigation and infection
            of existing equipment and facilities                prevention measures (see section Public
                                                                Health)

As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps
outlined in the section Framework for Eligible Uses Beyond Those Enumerated.




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PUBLIC SECTOR CAPACITY

Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports
government’s ability to deliver critical COVID-19 services. There are three main categories of eligible
uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services
Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery.

Public Safety, Public Health, and Human Services Staff

SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care,
human services and similar employees of a recipient government, for the portion of the employee’s
time spent responding to COVID-19. Recipients should follow the steps below.

1. Identify eligible public safety, public health, and human services staff. Public safety staff include:

      ✓ Police officers (including state police              ✓ Correctional and detention officers
        officers)                                            ✓ Dispatchers and supervisor personnel
      ✓ Sheriffs and deputy sheriffs                           that directly support public safety staff
      ✓ Firefighters
      ✓ Emergency medical responders

    Public health staff include:

      ✓ Employees involved in providing medical              ✓ Employees of public health
        and other physical or mental health                    departments directly engaged in
        services to patients and supervisory                   public health matters and related
        personnel, including medical staff                     supervisory personnel
        assigned to schools, prisons, and other
        such institutions
      ✓ Laboratory technicians, medical
        examiners, morgue staff, and other
        support services essential for patient
        care


    Human services staff include:

      ✓ Employees providing or administering              ✓ Child, elder, or family care employees
        social services and public benefits
      ✓ Child welfare services employees

2. Assess portion of time spent on COVID-19 response for eligible staff.

    Recipients can use a variety of methods to assess the share of an employees’ time spent responding
    to COVID-19, including using reasonable estimates—such as estimating the share of time based on
    discussions with staff and applying that share to all employees in that position.

    For administrative convenience, recipients can consider public health and safety employees entirely
    devoted to responding to COVID-19 (and their payroll and benefits fully covered by SLFRF) if the

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    employee, or his or her operating unit or division, is “primarily dedicated” to responding to COVID-
    19. Primarily dedicated means that more than half of the employee, unit, or division’s time is
    dedicated to responding to COVID-19.

    Recipients must periodically reassess their determination and maintain records to support their
    assessment, although recipients do not need to track staff hours.

3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on
   COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of
   the employees’ time spent on COVID-19 response, as calculated above, through the period of
   performance.

Government Employment and Rehiring Public Sector Staff

Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of
uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic
baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for
employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention
incentives, and paying for ancillary administrative costs related to hiring, support, and retention.

    •   Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic
        employment, depending on the recipient’s needs.

        •   If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients
            may use SLFRF funds to hire employees for the same positions that existed on January 27,
            2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF
            funds to cover payroll and covered benefits for such positions through the period of
            performance.

        •   If the recipient wants to hire above the pre-pandemic baseline and/or would like to have
            flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered
            benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5
            percent above its pre-pandemic baseline. Specifically, recipients should undergo the
            following steps:

                a. Identify the recipient’s budgeted FTE level on January 27, 2020. This includes all
                   budgeted positions, filled and unfilled. This is called the pre-pandemic baseline.
                b. Multiply the pre-pandemic baseline by 1.075. This is called the adjusted pre-
                   pandemic baseline.
                c. Identify the recipient’s budgeted FTE level on March 3, 2021, which is the beginning
                   of the period of performance for SLFRF funds. Recipients may, but are not required
                   to, exclude the number of FTEs dedicated to responding to the COVID-19 public
                   health emergency. This is called the actual number of FTEs.
                d. Subtract the actual number of FTEs from the adjusted pre-pandemic baseline to
                   calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not
                   have to hire for the same roles that existed pre-pandemic.
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               Recipients may use SLFRF funds to cover payroll and covered benefits through the period of
               performance; these employees must have begun their employment on or after March 3,
               2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021
               level (i.e., the actual number of FTEs).

     •    Supporting and retaining public sector workers. Recipients can also use funds in other ways
          that support the public sector workforce.10 These include:

               o    Providing additional funding for employees who experienced pay reductions or were
                    furloughed since the onset of the pandemic, up to the difference in the employee’s pay,
                    taking into account unemployment benefits received.

               o    Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used
                    to maintain current compensation levels, with adjustments for inflation, in order to
                    prevent layoffs that would otherwise be necessary.

               o    Providing worker retention incentives, including reasonable increases in
                    compensation to persuade employees to remain with the employer as compared to
                    other employment options. Retention incentives must be entirely additive to an
                    employee’s regular compensation, narrowly tailored to need, and should not exceed
                    incentives traditionally offered by the recipient or compensation that alternative
                    employers may offer to compete for the employees. Treasury presumes that retention
                    incentives that are less than 25 percent of the rate of base pay for an individual
                    employee or 10 percent for a group or category of employees are reasonably
                    proportional to the need to retain employees, as long as other requirements are met.

     •    Covering administrative costs associated with administering the hiring, support, and retention
          programs above.



Effective Service Delivery

SLFRF funding may be used to improve the efficacy of public health and economic programs through
tools like program evaluation, data, and outreach, as well as to address administrative needs caused or
exacerbated by the pandemic. Eligible uses include:

     •    Supporting program evaluation, data, and outreach through:




10 Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its

negative economic impacts (e.g., fiscal pressures on state and local budgets) and respond to its impacts. See the final rule for
details on these uses.
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    ✓ Program evaluation and evidence                    ✓ Community outreach and engagement
      resources                                            activities
    ✓ Data analysis resources to gather,                 ✓ Capacity building resources to support
      assess, share, and use data                          using data and evidence, including
    ✓ Technology infrastructure to improve                 hiring staff, consultants, or technical
      access to and the user experience of                 assistance support
      government IT systems, as well as
      technology improvements to increase
      public access and delivery of
      government programs and services


•    Addressing administrative needs, including:

    ✓ Administrative costs for programs                  ✓ Address administrative needs caused
      responding to the public health                      or exacerbated by the pandemic,
      emergency and its economic impacts,                  including addressing backlogs caused
      including non-SLFRF and non-federally                by shutdowns, increased repair or
      funded programs                                      maintenance needs, and technology
                                                           infrastructure to adapt government
                                                           operations to the pandemic (e.g.,
                                                           video-conferencing software, data and
                                                           case management systems)




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CAPITAL EXPENDITURES

As described above, the final rule clarifies that recipients may use funds for programs, services, and
capital expenditures that respond to the public health and negative economic impacts of the pandemic.
Any use of funds in this category for a capital expenditure must comply with the capital expenditure
requirements, in addition to other standards for uses of funds.

Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the
pandemic’s public health and economic impacts; specifically, they must be related and reasonably
proportional to the pandemic impact identified and reasonably designed to benefit the impacted
population or class.

For ease of administration, the final rule identifies enumerated types of capital expenditures that
Treasury has identified as responding to the pandemic’s impacts; these are listed in the applicable sub-
category of eligible uses (e.g., public health, assistance to households, etc.). Recipients may also identify
other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no pre-
approval is required for capital expenditures.

To guide recipients’ analysis of whether a capital expenditure meets the eligibility standard, recipients
(with the exception of Tribal governments) must complete and meet the requirements of a written
justification for capital expenditures equal to or greater than $1 million. For large-scale capital
expenditures, which have high costs and may require an extended length of time to complete, as well as
most capital expenditures for non-enumerated uses of funds, Treasury requires recipients to submit
their written justification as part of regular reporting. Specifically:

 If a project has    and the use is enumerated by Treasury                and the use is beyond those
   total capital                as eligible, then                      enumerated by Treasury as eligible,
  expenditures                                                                       then
         of
   Less than $1          No Written Justification required               No Written Justification required
      million
 Greater than or
    equal to $1         Written Justification required but
    million, but     recipients are not required to submit as
  less than $10        part of regular reporting to Treasury            Written Justification required and
      million                                                       recipients must submit as part of regular
                                                                              reporting to Treasury
                         Written Justification required and
  $10 million or
                     recipients must submit as part of regular
      more
                               reporting to Treasury


A Written Justification includes:

    •   Description of the harm or need to be addressed. Recipients should provide a description of the
        specific harm or need to be addressed and why the harm was exacerbated or caused by the
        public health emergency. Recipients may provide quantitative information on the extent and the
        type of harm, such as the number of individuals or entities affected.
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      •    Explanation of why a capital expenditure is appropriate. For example, recipients should include
           an explanation of why existing equipment and facilities, or policy changes or additional funding
           to pertinent programs or services, would be inadequate.
      •    Comparison of proposed capital project against at least two alternative capital expenditures and
           demonstration of why the proposed capital expenditure is superior. Recipients should consider
           the effectiveness of the capital expenditure in addressing the harm identified and the expected
           total cost (including pre-development costs) against at least two alternative capital
           expenditures.

Where relevant, recipients should consider the alternatives of improving existing capital assets already
owned or leasing other capital assets.

Treasury presumes that the following capital projects are generally ineligible:

         Construction of new correctional
                                                            Construction of convention centers,
          facilities as a response to an increase in
                                                             stadiums, or other large capital projects
          rate of crime
                                                             intended for general economic
         Construction of new congregate
                                                             development or to aid impacted
          facilities to decrease spread of COVID-19
                                                             industries
          in the facility


In undertaking capital expenditures, Treasury encourages recipients to adhere to 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. Treasury also encourages recipients to prioritize in
their procurements employers with high labor standards and to prioritize employers without recent
violations of federal and state labor and employment laws.




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FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED

As described above, recipients have broad flexibility to identify and respond to other pandemic impacts
and serve other populations that experienced pandemic impacts, beyond the enumerated uses and
presumed eligible populations. Recipients should undergo the following steps to decide whether their
project is eligible:

 Step           1. Identify COVID-19 public health or              2. Design a response that addresses or
                economic impact                                    responds to the impact
 Analysis                                                          • Types of responses can include a
                •     Can identify impact to a specific
                                                                       program, service, or capital
                      household, business or nonprofit or to
                                                                       expenditure
                      a class of households, businesses or
                      nonprofits (i.e., group)                     • Response should be related and
                •     Can also identify disproportionate               reasonably proportional to the harm
                      impacts, or more severe impacts, to a        • Response should also be reasonably
                      specific beneficiary or to a class               designed to benefit impacted
                                                                       individual or class


    1. Identify a COVID-19 public health or negative economic impact on an individual or a class.
       Recipients should identify an individual or class that is “impacted” or “disproportionately
       impacted” by the COVID-19 public health emergency or its negative economic impacts as well as
       the specific impact itself.

            •       “Impacted” entities are those impacted by the disease itself or the harmful
                    consequences of the economic disruptions resulting from or exacerbated by the COVID-
                    19 public health emergency. For example, an individual who lost their job or a small
                    business that saw lower revenue during a period of closure would both have
                    experienced impacts of the pandemic.

            •       “Disproportionately impacted” entities are those that experienced disproportionate
                    public health or economic outcomes from the pandemic; Treasury recognizes that pre-
                    existing disparities, in many cases, amplified the impacts of the pandemic, causing more
                    severe impacts in underserved communities. For example, a household living in a
                    neighborhood with limited access to medical care and healthy foods may have faced
                    health disparities before the pandemic, like a higher rate of chronic health conditions,
                    that contributed to more severe health outcomes during the COVID-19 pandemic.

        The recipient may choose to identify these impacts at either the individual level or at a class
        level. If the recipient is identifying impacts at the individual level, they should retain
        documentation supporting the impact the individual experienced (e.g., documentation of lost
        revenues from a small business). Such documentation can be streamlined in many cases (e.g.,
        self-attestation that a household requires food assistance).

        Recipients also have broad flexibility to identify a “class” – or a group of households, small
        businesses, or nonprofits – that experienced an impact. In these cases, the recipients should

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   first identify the class and the impact that it faced. Then, recipients only need to document that
   the individuals served fall within that class; recipients do not need to document a specific impact
   to each individual served. For example, a recipient could identify that restaurants in the
   downtown area faced substantial declines in revenue due to decreased foot traffic from
   workers; the recipient could develop a program to respond to the impact on that class and only
   needs to document that the businesses being served are restaurants in the downtown area.

   Recipients should keep the following considerations in mind when designating a class:

       •   There should be a relationship between the definition of the class and the proposed
           response. Larger and less-specific classes are less likely to have experienced similar
           harms, which may make it more difficult to design a response that appropriately
           responds to those harms.
       •   Classes may be determined on a population basis or on a geographic basis, and the
           response should be appropriately matched. For example, a response might be designed
           to provide childcare to single parents, regardless of which neighborhood they live in, or
           a response might provide a park to improve the health of a disproportionately impacted
           neighborhood.
       •   Recipients may designate classes that experienced disproportionate impact, by
           assessing the impacts of the pandemic and finding that some populations experienced
           meaningfully more severe impacts than the general public. To determine these
           disproportionate impacts, recipients:
                o May designate classes based on academic research or government research
                    publications (such as the citations provided in the supplementary information in
                    the final rule), through analysis of their own data, or through analysis of other
                    existing data sources.
                o May also consider qualitative research and sources to augment their analysis, or
                    when quantitative data is not readily available. Such sources might include
                    resident interviews or feedback from relevant state and local agencies, such as
                    public health departments or social services departments.
                o Should consider the quality of the research, data, and applicability of analysis to
                    their determination in all cases.
       •   Some of the enumerated uses may also be appropriate responses to the impacts
           experienced by other classes of beneficiaries. It is permissible for recipients to provide
           these services to other classes, so long as the recipient determines that the response is
           also appropriate for those groups.
       •   Recipients may designate a class based on income level, including at levels higher than
           the final rule definition of "low- and moderate-income." For example, a recipient may
           identify that households in their community with incomes above the final rule threshold
           for low-income nevertheless experienced disproportionate impacts from the pandemic
           and provide responsive services.

2. Design a response that addresses or responds to the impact. Programs, services, and other
   interventions must be reasonably designed to benefit the individual or class that experienced

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the impact. They must also be related and reasonably proportional to the extent and type of
impact experienced. For example, uses that bear no relation or are grossly disproportionate to
the type or extent of the impact would not be eligible.

“Reasonably proportional” refers to the scale of the response compared to the scale of the
harm, as well as the targeting of the response to beneficiaries compared to the amount of harm
they experienced; for example, it may not be reasonably proportional for a cash assistance
program to provide a very small amount of aid to a group that experienced severe harm and a
much larger amount to a group that experienced relatively little harm. Recipients should
consider relevant factors about the harm identified and the response to evaluate whether the
response is reasonably proportional. For example, recipients may consider the size of the
population impacted and the severity, type, and duration of the impact. Recipients may also
consider the efficacy, cost, cost-effectiveness, and time to delivery of the response.

For disproportionately impacted communities, recipients may design interventions that address
broader pre-existing disparities that contributed to more severe health and economic outcomes
during the pandemic, such as disproportionate gaps in access to health care or pre-existing
disparities in educational outcomes that have been exacerbated by the pandemic.




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Premium Pay

The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible
workers performing essential work during the pandemic. Premium pay may be awarded to eligible
workers up to $13 per hour. Premium pay must be in addition to wages or remuneration (i.e.,
compensation) the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any
single worker during the program.
Recipients should undergo the following steps to provide premium pay to eligible workers.
   1. Identify an “eligible” worker. Eligible workers include workers “needed to maintain continuity
      of operations of essential critical infrastructure sectors.” These sectors and occupations are
      eligible:
     ✓       Health care                                     ✓ State, local, or Tribal government
     ✓       Emergency response                                workforce
     ✓       Sanitation, disinfection & cleaning             ✓ Workers providing vital services to
     ✓       Maintenance                                       Tribes
     ✓       Grocery stores, restaurants, food               ✓ Educational, school nutrition, and other
             production, and food delivery                     work required to operate a school
     ✓       Pharmacy                                          facility
     ✓       Biomedical research                             ✓ Laundry
     ✓       Behavioral health                               ✓ Elections
     ✓       Medical testing and diagnostics                 ✓ Solid waste or hazardous materials
     ✓       Home and community-based health care              management, response, and cleanup
             or assistance with activities of daily living   ✓ Work requiring physical interaction with
     ✓       Family or child care                              patients
     ✓       Social services                                 ✓ Dental care
     ✓       Public health                                   ✓ Transportation and warehousing
     ✓       Mortuary                                        ✓ Hotel and commercial lodging facilities
     ✓       Critical clinical research, development,          that are used for COVID-19 mitigation
             and testing necessary for COVID-19                and containment
             response

         Beyond this list, the chief executive (or equivalent) of a recipient government may designate
         additional non-public sectors as critical so long as doing so is necessary to protecting the health
         and wellbeing of the residents of such jurisdictions.

   2. Verify that the eligible worker performs “essential work,” meaning work that:

         •     Is not performed while teleworking from a residence; and
         •     Involves either:
                   a. regular, in-person interactions with patients, the public, or coworkers of the
                        individual that is performing the work; or
                   b. 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.


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   3. Confirm that the premium pay “responds to” workers performing essential work during the
      COVID-19 public health emergency. Under the final rule, which broadened the share of eligible
      workers who can receive premium pay without a written justification, recipients may meet this
      requirement in one of three ways:

       •   Eligible worker receiving premium pay is earning (with the premium included) at or below
           150 percent of their residing state or county’s average annual wage for all occupations, as
           defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics,
           whichever is higher, on an annual basis; or

       •   Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act
           overtime provisions; or

       •   If a worker does not meet either of the above requirements, the recipient must submit
           written justification to Treasury detailing how the premium pay is otherwise responsive to
           workers performing essential work during the public health emergency. This may include a
           description of the essential worker’s duties, health, or financial risks faced due to COVID-19,
           and why the recipient determined that the premium pay was responsive. Treasury
           anticipates that recipients will easily be able to satisfy the justification requirement for
           front-line workers, like nurses and hospital staff.
Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.) and may be
awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition
to wages already received and may be paid retrospectively. A recipient may not use SLFRF to merely
reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may
not be paid to volunteers.




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Water & Sewer Infrastructure

The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in
water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to
address the consequences of deferred maintenance in drinking water systems and removal,
management, and treatment of sewage and stormwater, along with additional resiliency measures
needed to adapt to climate change.

Recipients may undertake the eligible projects below:

PROJECTS ELIGIBLE UNDER EPA’S CLEAN WATER STATE REVOLVING FUND (CWSRF)

Eligible projects under the CWSRF, and the final rule, include:

        ✓ Construction of publicly owned                    ✓ Development and implementation of a
          treatment works                                     conservation and management plan
        ✓ Projects pursuant to implementation                 under the CWA
          of a nonpoint source pollution                    ✓ Watershed projects meeting the
          management program established                      criteria set forth in the CWA
          under the Clean Water Act (CWA)                   ✓ Energy consumption reduction for
        ✓ Decentralized wastewater treatment                  publicly owned treatment works
          systems that treat municipal                      ✓ Reuse or recycling of wastewater,
          wastewater or domestic sewage                       stormwater, or subsurface drainage
        ✓ Management and treatment of                         water
          stormwater or subsurface drainage                 ✓ Security of publicly owned treatment
          water                                               works
        ✓ Water conservation, efficiency, or
          reuse measures

Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities.

PROJECTS ELIGIBLE UNDER EPA’S DRINKING WATER STATE REVOLVING FUND (DWSRF)

Eligible drinking water projects under the DWSRF, and the final rule, include:

        ✓ Facilities to improve drinking water              ✓ Green infrastructure, including green
          quality                                             roofs, rainwater harvesting collection,
        ✓ Transmission and distribution,                      permeable pavement
          including improvements of water                   ✓ Storage of drinking water, such as to
          pressure or prevention of                           prevent contaminants or equalize
          contamination in infrastructure and                 water demands
          lead service line replacements                    ✓ Purchase of water systems and
        ✓ New sources to replace contaminated                 interconnection of systems
          drinking water or increase drought                ✓ New community water systems
          resilience, including aquifer storage
          and recovery system for water storage


Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities.
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ADDITIONAL ELIGIBLE PROJECTS

With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of
projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain
rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be
“necessary” according to the definition provided in the final rule and outlined below.

       ✓ Culvert repair, resizing, and removal,             ✓ Broad set of lead remediation projects
           replacement of storm sewers, and                   eligible under EPA grant programs
           additional types of stormwater                     authorized by the Water
           infrastructure                                     Infrastructure Improvements for the
       ✓ Infrastructure to improve access to                  Nation (WIIN) Act, such as lead
           safe drinking water for individual                 testing, installation of corrosion
           served by residential wells, including             control treatment, lead service line
           testing initiatives, and                           replacement, as well as water quality
           treatment/remediation strategies that              testing, compliance monitoring, and
           address contamination                              remediation activities, including
       ✓ Dam and reservoir rehabilitation if                  replacement of internal plumbing and
           primary purpose of dam or reservoir is             faucets and fixtures in schools and
           for drinking water supply and project              childcare facilities
           is necessary for provision of drinking
           water
A “necessary” investment in infrastructure must be:

      (1) responsive to an identified need to achieve or maintain an adequate minimum level of service,
          which may include a reasonable projection of increased need, whether due to population
          growth or otherwise,
      (2) a cost-effective means for meeting that need, taking into account available alternatives, and
      (3) for investments in infrastructure that supply drinking water in order to meet projected
          population growth, projected to be sustainable over its estimated useful life.

Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary
investments. Additional eligible projects generally must be responsive to an identified need to achieve
or maintain an adequate minimum level of service. Recipients are only required to assess cost-
effectiveness of projects for the creation of new drinking water systems, dam and reservoir
rehabilitation projects, or projects for the extension of drinking water service to meet population
growth needs. Recipients should review the supplementary information to the final rule for more details
on requirements applicable to each type of investment.

APPLICABLE STANDARDS & REQUIREMENTS

Treasury encourages recipients to adhere to 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. Treasury also encourages recipients to prioritize in their procurements employers with
high labor standards and to prioritize employers without recent violations of federal and state labor and
employment laws.
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Broadband Infrastructure

The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in
broadband infrastructure, which has been shown to be critical for work, education, healthcare, and civic
participation during the public health emergency. The final rule broadens the set of eligible broadband
infrastructure investments that recipients may undertake.

Recipients may pursue investments in broadband infrastructure meeting technical standards detailed
below, as well as an expanded set of cybersecurity investments.

BROADBAND INFRASTRUCTURE INVESTMENTS

Recipients should adhere to the following requirements when designing a broadband infrastructure
project:

    1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that
       are designed to serve locations without access to reliable wireline 100/20 Mbps broadband
       service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload
       speed through a wireline connection), but are broadly able to invest in projects designed to
       provide service to locations with an identified need for additional broadband investment.
       Recipients have broad flexibility to define need in their community. Examples of need could
       include:

        ✓   Lack of access to a reliable high-speed         ✓ Lack of affordable broadband
            broadband connection                            ✓ Lack of reliable service

        If recipients are considering deploying broadband to locations where there are existing and
        enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps,
        recipients must ensure that SLFRF funds are designed to address an identified need for
        additional broadband investment that is not met by existing federal or state funding
        commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will
        be reimbursed by the other federal or state funding streams.

    2. Design project to meet high-speed technical standards. Recipients are required to design
       projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and
       upload speeds. 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, eligible projects may be
       designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical
       100 Mbps download and upload speeds.

        Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever
        feasible and to focus on projects that will achieve last-mile connections. Further, Treasury
        encourages recipients to prioritize support for broadband networks owned, operated by, or
        affiliated with local governments, nonprofits, and co-operatives.


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    3. Require enrollment in a low-income subsidy program. Recipients must require the service
       provider for a broadband project that provides service to households to either:

        ✓   Participate in the FCC’s Affordable             ✓ Provide access to a broad-based
            Connectivity Program (ACP)                        affordability program to low-income
                                                              consumers that provides benefits
                                                              commensurate to ACP

        Treasury encourages broadband services to also include at least one low-cost option offered
        without data usage caps at speeds sufficient for a household with multiple users to
        simultaneously telework and engage in remote learning. Recipients are also encouraged to
        consult with the community on affordability needs.

CYBERSECURITY INVESTMENTS

SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure,
regardless of their speed delivery standards. This includes modernization of hardware and software.

APPLICABLE STANDARDS & REQUIREMENTS

Treasury encourages recipients to adhere to 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. Treasury also encourages recipients to prioritize in their procurements employers with
high labor standards and to prioritize employers without recent violations of federal and state labor and
employment laws.




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Restrictions on Use

While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to
address the diverse needs of their communities, some restrictions on use of funds apply.

OFFSET A REDUCTION IN NET TAX REVENUE

    •   States and territories may not use this funding to directly or indirectly offset a reduction in net
        tax revenue resulting from a change in law, regulation, or administrative interpretation
        beginning on March 3, 2021, through the last day of the fiscal year in which the funds
        provided have been spent. If a state or territory cuts taxes during this period, it must
        demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting
        policies to raise other sources of revenue, by cutting spending, or through higher revenue due to
        economic growth. If the funds provided have been used to offset tax cuts, the amount used for
        this purpose must be repaid to the Treasury.

DEPOSITS INTO PENSION FUNDS

    •   No recipients except Tribal governments may use this funding to make a deposit to a pension
        fund. Treasury defines a “deposit” as an extraordinary contribution to a pension fund for the
        purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited,
        recipients may use funds for routine payroll contributions connected to an eligible use of funds
        (e.g., for public health and safety staff). Examples of extraordinary payments include ones that:

             Reduce a liability incurred prior to the           Occur at the regular time for pension
              start of the COVID-19 public health                 contributions but is larger than a regular
              emergency and occur outside the                     payment would have been
              recipient's regular timing for making the
              payment


ADDITIONAL RESTRICTIONS AND REQUIREMENTS

Additional restrictions and requirements that apply across all eligible use categories include:

    •   No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used
        prospectively, recipients may not use SLFRF funds for debt service or replenishing financial
        reserves (e.g., rainy day funds).

    •   No satisfaction of settlements and judgments. 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 is itself not an eligible use.
        However, if a settlement requires the recipient to provide services or incur other costs that are
        an eligible use of SLFRF funds, SLFRF may be used for those costs.

    •   Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or
        contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that
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undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and
may not be used in violation of the Award Terms and Conditions or conflict of interest
requirements under the Uniform Guidance. Other applicable laws and regulations, outside of
SLFRF program requirements, may also apply (e.g., laws around procurement, contracting,
conflicts-of-interest, environmental standards, or civil rights).




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Program Administration

The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative
processes and requirements, including on distribution of funds, timeline for use of funds, transfer of
funds, treatment of loans, use of funds to meet non-federal match or cost-share requirements,
administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for
ineligible purposes. This section provides a summary for the most frequently asked questions.

TIMELINE FOR USE OF FUNDS

Under the SLFRF, funds must be used for costs incurred on or after March 3, 2021. Further, costs must
be obligated by December 31, 2024, and expended by December 31, 2026.

TRANSFERS

Recipients may undertake projects on their own or through subrecipients, which carry out eligible uses
on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF
funds with other sources of funds. Localities may also transfer their funds to the state through section
603(c)(4), which will decrease the locality’s award and increase the state award amounts.

LOANS

Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although
there are special rules about how recipients should track program income depending on the length of
the loan. Recipients should consult the final rule if they seek to utilize these provisions.

NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS

Funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of
the Social Security Act) generally may be used to meet the non-federal cost-share or matching
requirements of other federal programs. However, note that SLFRF funds may not be used as the non-
federal share for purposes of a state’s Medicaid and CHIP programs because the Office of Management
and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services
pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations.

SLFRF funds beyond those that are available under the revenue loss eligible use category may not be
used to meet the non-federal match or cost-share requirements of other federal programs, other than
as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act
provides that SLFRF funds may be used to meet the non-federal match requirements of authorized
Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult
the final rule for further details if they seek to utilize SLFRF funds as a match for these projects.

ADMINISTRATIVE EXPENSES

SLFRF funds may be used for direct and indirect administrative expenses involved in administering the
program. For details on permissible direct and indirect administrative costs, recipients should refer to
Treasury’s Compliance and Reporting Guidance. Costs incurred for the same purpose in like
circumstances must be treated consistently as either direct or indirect costs.
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REPORTING, COMPLIANCE & RECOUPMENT

Recipients are required to comply with Treasury’s Compliance and Reporting Guidance, which includes
submitting mandatory periodic reports to Treasury.

Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the
final rule, Treasury may identify funds used in violation through reporting or other sources. Recipients
will be provided with an initial written notice of recoupment with an opportunity to submit a request for
reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial
notice of recoupment and does not submit a request for reconsideration, the initial notice will be
deemed the final notice. Treasury may pursue other forms of remediation and monitoring in conjunction
with, or as an alternative to, recoupment.




REVISIONS TO THE OVERVIEW OF THE FINAL RULE:

    •   January 18, 2022 (p. 4, p. 16): Clarification that the revenue loss standard allowance is “up to”
        $10 million under the Replacing Lost Public Sector Revenue eligible use category; addition of
        further information on the eligibility of general infrastructure, general economic development,
        and worker development projects under the Public Health and Negative Economic Impacts
        eligible use category.
    •   March 17, 2022 (p. 18): Specified that provision of child nutrition programs is available to
        respond to impacts of the pandemic on households and communities.




                  Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule

                                       U.S. Department of the Treasury                                      44


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