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HomeMy WebLinkAboutAgenda - Bicycle & Pedestrian Committee - 05/11/2022 South Burlington Bicycle & Pedestrian Committee Wednesday, May 11, 2022 @ 5:30 p.m. Virtual Meeting Only Interactive Online Meeting (audio & video): https://meet.goto.com/251672141 By telephone (audio only): 1-646-749-3122; Access Code: 251-672-141 In all cases, you will have the opportunity to both listen AND speak. AGENDA 1. Welcome, Gratitude and Virtual Meeting Instructions – Havaleh (5:30) 2. Changes or additions to the agenda – Havaleh (5:35 pm) 3. Comments from the public not related to the agenda - Havaleh (5:40 pm) 4. Consideration of minutes from April 13, 2022 – Havaleh (5:45 pm) 5. Queen City Park Scoping Study – Discuss and Possible Committee Recommendations (5:50 pm) 6. Updates from the City – A. Bolduc (6:10 pm) 7. Hubbard Path Memo (6:30 pm) 8. VT Bike/Walk Summit Update (6:40 pm) 9. Discuss Potential ARPA Projects – Havaleh (6:50 pm) 10. Discuss FY23 Priorities & Strategies – Havaleh (7:10 pm) 11. Updates Ongoing Committee Work – (7:30 p.m.) a. Chair Updates/Comments - Havaleh b. DPW – Bob, Dana, Amanda, Donna c. Climate Action - Donna d. DRB Update – Cathy e. Communications/Outreach – Cathy, Donna (Havaleh) f. Safety – Bob, Dana g. Mapping – Amanda/Nic h. Signs – Nic, Donna, Dana i. Bike Friendly Community Planning – Nic 12. Confirmation: Next meeting Wednesday, June 8, 2022 @ 5:30pm 13. Adjourn (by 8:00 p.m.) 1 South Burlington Bike & Pedestrian Committee DRAFT Special and Regular Meeting Minutes Wednesday, April 13, 2022 @ 5:30 p.m. VIRTUAL MEETING Committee Attendees - Remote: Havaleh Gagne (Chair), Nic Anderson (Clerk), Amanda Holland, Dana Farr, Donna Leban, Cathy Frank, Bob Britt Committee Absent: Other Attendees: Ashley Parker (City Liaison), Christine Forde (CCRPC), Brian Breslend (D&K) and Julia Ursaki (D&K) Public: Lauren Purcell, Lou Bresee 1. Welcome, Virtual Meeting Instructions, and Emergency Evacuation Procedure 2. Public Meeting: Potash Brook Crossing Feasibility Study–CCRPC (5:35) a. Scope? Include sidewalk on north side of street b. Julia Ursaki and Brian Breslend gave presentation that was included in the packet c. Quick builds don’t include normal lanes with reduced vehicle lanes – How to get from path to lane d. Can you talk about winter plowing? e. Amanda asked about surface material f. Brian – Asphalt g. Amanda asked about quick build. Is 10.5ft vehicle lanes too skinny for tractor trailer uses. h. Julia – Tight but should not just have to sacrifice for bike ped, should be all users. i. Amanda – How would you maintain facility in the winter. Removal of bollards would make it look like a really big road. j. Julia – Jersey Barriers would need opening periodically to push snow between. Would be a big challenge. Options 1-2 aren’t perfect. k. Havaleh asked why we are doing quick builds? l. Christine – CCRPC asked for it when they got back the costs for the real build. m. Havaleh – Is this on CIP or someone else’s project for the implementation n. Ashley – On CIP but not defined fully because waiting on study. o. Bob – Winged the price and called it Kimball phase 2 because we were waiting on Obrien. p. Bob – Asked about quick build 3 and where the real estate was coming from. q. Brian – Would be 2ft from curb. Haven’t come up with where it goes in relation to guard rail. Conceptual not based on topography. r. Julia – Path would be 8ft to get over stream. Would need to look into design assumptions for crossing. s. Bob asked if cantilevered bridge was too expensive. t. Brian – Yes, didn’t make sense. u. Donna asked what has been experience for pervious pavement for paths, is it a rougher finish. v. Julia – Crescent connector has pervious pavement for parking but haven’t seen for bike path. w. Amanda asked about how much work would be needed to have quick build path installed beside existing curb. 2 x. Nic asked where the quick builds would end and why there wasn’t simply a quick build of reducing vehicle lanes to 11ft and have 5ft+ on road bike lanes. y. Nic also asked about scope. Why did it not include north side 1600ft wide sidewalk gap. Wondering if there is economies of scale for doing both sides of the road z. Brian – Yes, would be cheaper to mobilize construction activity etc. at the same time. 2020 path detail docs from VTrans show sidewalks being cheaper so may come out cheaper. aa. Bob – To Nic’s point, the businesses there likely need a sidewalk before the shared use path on the other side as there are no crossings. Should include sidewalk gap on north side to CIP. Asked what option consultants prefer. bb. Brian said 1 or 2. cc. Donna seems to think that the 2nd alternative has less wetland impact. dd. Ashley – Scoping study funds are used. Would like to get a recommendation from the committee on what they support. ee. Christine – Don’t have to come to a conclusion on which alternative until there is a funding ask. Just showing and getting feedback. ff. Amanda – Asked what the final deliverable is? Will there be some narrative that describes assumptions and cost options. gg. Christine – There is a written report almost ready to release. hh. Brian – Could have an appendix for cost items if needed. ii. Bob – Congratulated team. jj. Nic – Would support 1 or 2 but would like to see one of the quick build options to be narrowing the travel lanes to 11ft and having wider on road bike lanes. kk. Donna – Fog lines seem to need painting so could be prime time to change lane width. ll. Lauren Purcell – Works on Kimball Avenue. Tight curve right now but narrowing of lanes could help. People walking are forced to walk on the road. Short term would be appreciated. mm. Havaleh asked Lauren if the other quick build options would be supported. nn. Lauren – Jersey barriers would be good, but also concerned about winter and most employees use the north side of the road so worries there are no crossings. oo. Donna – Is a recreational route and thinks there are more recreational than we think. pp. Bob uses for walking group. qq. Nic uses for loop with the kids so recreation too. Nic worries about how the quick builds end at Kennedy. rr. Ashley – Recommendation not needed now, so can just wait and discuss at a later date. The three alternatives would require additional funding and grant applications so would take a while. ss. Brian – If asking for federal funding, typically has fall deadlines. 3. Changes or additions to the agenda a. None 4. Comments from the public not related to the agenda a. None 5. Consideration of minutes from March9,2022 a. No Edits b. Motion by Donna to approve c. Cathy seconded d. Bob abstained e. Vote: All in favor. Minutes approved. 3 6. Updates from the City a. Ashley read through updates that were in packet. b. Tom not taking meetings right now. For now, send email to Ashley and she will get to him. c. ARPA Funds. Asked what we want to work on for priorities and strategies. Last round of strategies and updates attached to packet. Take a look. i. Nic – Bike path maintenance seems like is underfunded and would love to see more of that ii. Ashley – Take a look at the ARPA guidelines. Doesn’t have them on the tip of her finger. iii. Bob asked if the state has additional restrictions. iv. Ashley – Not the same as normal grants. More flexibility. But there will be a lot of requests so need to be strategic. v. Amanda - VT League of Cities and Towns www.vlct.org may be best source for info. d. Ashley – Maybe the committee could send the top 10 things that need addressing each month. e. Continued reading through updates f. Nic mentioned the Awasiwi Trail crosswalk painting may have washed away in the rain a bit. Should also paint the church crosswalk while they are out because its mostly gone and thought that the church sign posts were going to get additional treatments (yellow color down the pole). Ashley will check with Tom. g. Cathy asked when there would be a process on the Hubbard path material type. h. Ashley – It is proposed as asphalt right now and it would take a City Council meeting to discuss and instruct staff if we wanted to change materials. i. Cathy – Wonders if committee should be more active. Would like to have information available first. j. Amanda – Ways we could be useful would be to discuss with St Albans for their Taylor Park for their testimonial. Could talk to staff there if that helps. Took out some sections. k. Ashley – Would like support too. Would not want this to become a bigger issue where more are requested. Need to also focus on the accessibility concerns. l. Nic – Should do a position statement of the committee recommendation why we support the asphalt path m. Cathy happy to draft it for review and input. n. Havaleh – Seems like we should bring it up at our next meeting and make it official. o. Ashley – Should steer away from going to Council just yet but should make the recommendation to her. p. Donna – One of the items for the Climate Action Task force mentions the need for paths that can be maintained year-round. Can send the Transportation items to the committee from that task force. q. Ashley – Tom mentioned we have road typologies in the LDR’s. Maybe we have that for paths in the future. Put something together and she can take to Jessie. r. Havaleh would like to see landscaping to address stormwater. s. Ashley – Interesting arguments with lots of different site considerations 7. Review Safety Work Group Recommendations a. Bob went through list in packet 4 b. Nic mentioned that we should focus on white lines that serve as bike lanes or wide shoulders, not just any white line (example of the line on Kennedy that is 6 in from curb). c. Ashley – Next budget cycle will be looking at how we fund path and sidewalk maintenance/replacement. Large spreadsheet. Not sure how much to allocate but this is a place to start. Not sure if it can be made public. d. Bob asked if speed limit should still be there. e. Nic thinks we very much need to address speed. Not just here and there, but everywhere. Kimball is a perfect example. f. Amanda noted that it would be a city council decision and the ordinance is available to read online g. Ashley – Would need engineering justification, not just an ask. May be a good CCRPC project. h. Nic thinks mid-road pedestrian signs are very effective and should simply be about replacing them when they get destroyed, because they will. i. Bob continued reviewing the report j. Nic recommends the school speed zone signs should be recommended for elementary schools too. k. Amanda – Likes the speed feedback signs. But not sure about speed cameras. l. Nic thinks that the speed cameras are not permitted in VT state statute. Maybe just leave and state that it needs more research m. Bob asked if we should keep the autonomous vehicles comment. No decision. n. Market St – still a problem. Donna mentioned very hard to see pedestrians due to parked cars. o. Ashley noted there has been discussions about the possibility of a four way stop at the School entrance road. Curve makes it hard to see. p. Nic asked what the deal is with crossing guards. q. Ashley – School decision. Stop signs would require a process for a “Stop Warrant” to justify it so could take time. r. Ashley suggested making the 15 item list prioritized so it is more easily digested and to get stuff done. 8. Updates Ongoing Committee Work–(7:40p.m.) a. Chair Updates/Comments -Havaleh b. DPW –Bob, Dana, Amanda, Donna c. Climate Action -Donna i. Climate Task Force Meets tomorrow and are discussing transportation component. Starts at 7pm. Will take comments from public d. DRB Update –Cathy e. Communications/Outreach–Cathy, Donna (Havaleh) i. Havaleh – Any interest in doing bike month events? ii. Nic suggested promoting Park Your Car(bon) Week as an easy plug and play. Also could do something May 20th for bike to work day. f. Safety –Bob, Dana g. Mapping –Amanda/Nic h. Signs –Nic, Donna, Dana i. Nic shared via email the priority list and would love to have people’s feedback on what signs we missed or any adjustments. Shown on a map too. Asked people to email him direct. 5 i. Bike Friendly Community Planning –Nic 9. Confirmation: Next meeting Wednesday, May 11, 2022@ 5:30pm a. Bob away until October. Impact fee thing could come up and he sent four-page list to Paul. 10. Adjourn (by 8:00 p.m.) Bike/Ped Staff Update – 5/11/2022 • ARPA Funding: Staff recommends that the Committee finalize its list of priorities and strategies for FY23 tonight. It is also important for the Committee to share any potential projects that could be funded using ARPA dollars. • DPW Maintenance Update: Staff shared Bob’s email and list of questions with DPW. Penny for Paths Projects Updates – 5/11/2022 • South Dorset Street Shared Use Path: The project team received the abstracts to officially begin the ROW process. Staff is working to draft landowner letters that will be used to schedule meetings with each landowner to begin discussing the project, proposed impacts, and the ROW process. Draft easement documents are also being drafted. • Hubbard Recreation & Natural Area Shared Use Path: Archaeology work is supposed to be happening late April/May. Once we get the archaeology information, we will be able to update the site concept plan and go from there. Staff submitted the Committee’s letter regarding this project to the City Manager, for sharing with the City Council. • Kimball Culvert & Bike/Ped Infrastructure: Paving is happening soon (or already happened). This project will be wrapping up this spring. • RRFB Upgrades: DPW staff have begun the installation of new RRFBs. It takes most of a day to complete the installation of new RRFBs at one intersection. • Twin Oaks/Kennedy Drive Crosswalk: Construction was scheduled to start as early as April 25th on this project. It will likely take about 8 weeks to complete. • Spear Street Phase 1: The team is pursuing designing a path on the east side of Spear. We will be assessing project obstacles regarding at least two parcels first to make sure that this location will work. • Hinesburg Road Crosswalks: VTrans closed out the City’s 1111 permit for this project. Staff shared with DPW that striping was looking rough after the initial pass through. DPW said the intention was to go through a second time. They are also going to freshen up the crossing at St. John Vianney. • Williston Road Crosswalk Project: The project team has received 90% designs for all three crossings. Staff has sent letters to impacted landowners adjacent to the Pine Tree Terrace/Davis Pkwy and the Mills Ave crossings. Letters still need to go out to landowners adjacent to the Elsom Parkway crosswalk. There are also temporary easements drafted and ready to share with landowners. • Queen City Park Scoping Study: The project team has asked to present again at tonight’s meeting. This will be an opportunity for the Committee to provide a recommendation regarding the preferred alternative. • Kimball Ave (Phase 2) Scoping Study: The project team is working to finalize the report for this first study. To the South Burlington City Council The Shared-use Path Across HUBBARD PARK 4/29/2022 Unanimous Recommendation from South Burlington Bicycle and Pedestrian Committee Summary: The South Burlington Bicycle and Pedestrian Committee (SBBPC) unanimously endorses an asphalt paved shared-use path across Hubbard Park, maintained to the same standard of useability year-round as the rest of South Burlington’s shared-use paths. The committee opposes permeable pavement and pavers as they do not provide as smooth a surface as asphalt and will be difficult and more expensive to maintain to the same standard as the rest of the share-use path system. It is important to understand that this path across Hubbard will be part of a larger path that will eventually connect from Williston Road to South Village. Background: The current design of Hubbard Park includes a shared use path across the park to provide for bike and pedestrians access to the park from both the north and south. The South Burlington Land Trust has recommended that this path be designed and implemented with permeable pavement or pavers, allowing for a more permeable surface to protect the Hubbard natural habitat. This memo is in response to this recommendation and articulates our unanimous recommendation and rationale for smooth asphalt pavement. The South Burlington Bike & Pedestrian Committee is unanimously recommending an asphalt paved path for two primary reasons. First, the Hubbard Park path is a key line in the off-road path that will extend from Williston Road to South Village when it is complete. It will be part of an integrated network that helps complete this important and significant off road, bike and pedestrian safe alternative to traveling north or south. See “The Alternate Corridor” below. We believe the path across Hubbard Park needs to be a dependable, maintained route that is plowed in the winter months as is the rest of the path, and that provides a consistent surface as users link from one part of the path to the next. Using pervious pavement as an alternative surface will not guarantee a consistent surface year-round and will require more costly maintenance as snowplows try to keep the pervious pavement clear without damaging the surface. Secondly, users of this expanding north-south shared-use path include people of all ages and means of transport: bikers, walkers, those pushing strollers, the wheelchair-bound, in line skaters, those using scooters, as well as those using various forms of assistance such as canes or walkers. This is an equity issue. We understand that pervious pavement has a less even surface, and we are concerned that pervious pavement will be significantly less user-friendly for many of the patrons we are encouraging to use these paths. Background: The City's 2016 Comprehensive Plan lays out four principal goals for the community: Here and Into the Future, South Burlington is... • Affordable and Community Strong - creating a robust sense of place and opportunity for our residents and visitors. • Walkable - Bicycle and pedestrian friendly with safe transportation infrastructure. • Green & Clean - Emphasizing sustainability for long-term viability of a clean and green South Burlington • Opportunity Oriented - Being a supportive and engaged member of the larger regional and statewide community. The SBBPC operates under the directive to make South Burlington a more bikeable and walkable city. By doing so we help increase the volume of people using a network of connected shared-use paths as a safe and healthy alternative to driving. We are tasked with developing safe transportation infrastructure with long term viability. The City’s Official Map shows the vision is to have a fully connected set of trails that provide north-south and east-west access across South Burlington. Hubbard Park is a critical link in a north-south network of paths, extending from the southern end of South Burlington to Swift Street, continuing to Williston Road, as a safe off-road route as shown on the Official Map to provide an alternative route parallel to Spear Street for people walking and biking. This future route is in sharp contrast to fast moving traffic along the totally inadequate shoulders on Spear Street. It will be an evolving north-south off-road opportunity for pedestrians and cyclists to safely travel from the southern end of South Burlington to Swift Street connecting with paths extending east and west to Dorset Street and Shelburne Road. Hopefully in the not-too-distant future, safe paths will extend north along Spear Street to Williston Road. The Alternative Corridor Going north from Hubbard Park one need only travel on the fully protected shared-use path a short distance on Nowland Farm Road and turn north onto Vail Road before picking up the soon to be built bike ped path at the end of Vail where the Spear Meadows development will extend the Bike-Pedestrian path to their northern boundary line. From there, UVM has granted the City an easement over their property at the corner of Swift and Spear Streets. A new shared-use path is currently in the design phase after receiving a Federal grant to continue the north bound path along the east side of Spear Street to the existing path on the west side of Spear at the Forest Service building. The existing path then continues north along Spear to Williston Road while another branch turns west at the Forest Service building and terminates at Farrell Street. At the south end of Hubbard Park, which opens to the South Pointe development, there is already an informal path used by people from South Pointe and South Village and those on the west side of Spear Street south of Nowland Farm Road. With the proposed development of the Long property still in the design phase, we hope to have a better bike-pedestrian connection from South Point to South Village. This will also provide a safe connection for kids living in neighborhoods north of Hubbard Park to ride or walk to the new South Village soccer field and for folks to access the Common Roots farm store and the planned convenience store at the corner of Spear Street and Allen Road Extension. As this route from north to south is completed, it will significantly increase the number of bike commuters, children, families, and older citizens getting safely where they want to go while at the same time reducing their carbon footprint by walking or biking rather than driving to work or the park and has the potential to reduce the number of cars on Spear Street. It will probably also reduce the number of cars needing to park at Hubbard. We feel this environmental benefit of an asphalt paved path with the potential reduction in the use of motor vehicles is significant. South Burlington Bicycle and Pedestrian Committee Havaleh Gagne, Chair Bob Brit, Vice Chair Nic Anderson Cathy Frank Dana Farr Amanda Holland Donna Leban Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. DEPARTMENT OF THE TREASURY January 2022 2 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 3 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule 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 4 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule 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. 5 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 6 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 7 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury • 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. 8 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury • 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. 9 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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: 10 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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: 𝑎𝑎𝑟𝑑 𝑦𝑑𝑎𝑟 𝑟𝑑𝑟𝑑𝑚𝑟𝑑 × (1 +𝑔𝑟𝑚𝑟𝑟ℎ 𝑎𝑑𝑗𝑟𝑟𝑟𝑚𝑑𝑚𝑟)𝑛 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. 11 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 ✓ Road building and maintenance, and other infrastructure ✓ Health services ✓ General government administration, staff, and administrative facilities ✓ Environmental remediation ✓ Provision of police, fire, and other public safety services (including purchase of fire trucks and police vehicles) 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. 12 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule 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. 13 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Step 1. Identify COVID-19 public health or economic impact 2. Design a response that addresses or responds to the impact Analysis • Can identify impact to a specific household, business or nonprofit or to a class of households, businesses, or nonprofits (i.e., group) • Can also identify disproportionate impacts, or more severe impacts, to a specific beneficiary or to a class • Types of responses can include a program, service, or capital expenditure • Response should be related and reasonably proportional to the harm • Response should also be reasonably designed to benefit impacted individual or class Simplifying Presumptions • Final Rule presumes certain populations and classes are impacted and disproportionately impacted • Final Rule provides non-exhaustive list of enumerated eligible uses that 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. 14 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 incentives and vaccine sites ✓ Testing programs, equipment and sites ✓ Monitoring, contact tracing & public health surveillance (e.g., monitoring for variants) ✓ Public communication efforts ✓ Public health data systems ✓ COVID-19 prevention and treatment equipment, such as ventilators and ambulances ✓ Medical and PPE/protective supplies ✓ Support for isolation or quarantine ✓ Ventilation system installation and improvement ✓ Technical assistance on mitigation of COVID-19 threats to public health and safety ✓ Transportation to reach vaccination or testing sites, or other prevention and mitigation services for vulnerable populations ✓ Support for prevention, mitigation, or other services in congregate living facilities, public facilities, and schools ✓ Support for prevention and mitigation strategies in small businesses, nonprofits, and impacted industries ✓ Medical facilities generally dedicated to COVID-19 treatment and mitigation (e.g., ICUs, emergency rooms) ✓ Temporary medical facilities and other measures to increase COVID-19 treatment capacity ✓ Emergency operations centers & emergency response equipment (e.g., emergency response radio systems) ✓ Public telemedicine capabilities for COVID- 19 related treatment 15 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury • 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 for COVID-19 testing or treatment, such as uncompensated care costs for 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 ✓ Emergency medical response expenses ✓ Treatment of long-term symptoms or effects of COVID-19 • 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, inpatient treatment, crisis care, diversion programs, outreach to individuals not yet engaged in treatment, harm reduction & long-term recovery support ✓ Enhanced behavioral health services in schools ✓ Services for pregnant women or infants born with neonatal abstinence syndrome ✓ Support for equitable access to reduce disparities in access to high-quality treatment ✓ Peer support groups, costs for residence in supportive housing or recovery housing, and the 988 National Suicide Prevention Lifeline or other hotline services ✓ Expansion of access to evidence-based services for opioid use disorder prevention, treatment, harm reduction, and recovery ✓ 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 victims of crime ✓ Community violence intervention programs, including: • Evidence-based practices like focused deterrence, with wraparound services such as behavioral therapy, trauma recovery, job training, education, housing and relocation services, and financial assistance ✓ In communities experiencing increased gun violence due to the pandemic: • Law enforcement officers focused on advancing community policing • Enforcement efforts to reduce gun violence, including prosecution • Technology & equipment to support law enforcement response 16 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. However, note that the final rule maintains that general infrastructure projects, including roads, streets, and surface transportation infrastructure, would generally not be eligible under this eligible use category, unless the project responded to a specific pandemic public health need or a specific negative economic impact. Similarly, general economic development or workforce development – activities that do not respond to negative economic impacts of the pandemic but rather seek to more generally enhance the jurisdiction’s business climate – would generally not be eligible under this eligible use category. 17 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 communities ✓ Households that experienced unemployment ✓ Households that experienced increased food or housing insecurity ✓ Households that qualify for the Children’s Health Insurance Program, Childcare Subsidies through the Child Care Development Fund (CCDF) Program, or Medicaid ✓ When providing affordable housing programs: households that qualify for the National Housing Trust Fund and Home Investment Partnerships Program ✓ When providing services to address lost instructional time in K-12 schools: any student that lost access to in-person instruction for a significant period of time 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. 18 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 programs, including school meals) & food banks ✓ Emergency housing assistance: rental assistance, mortgage assistance, utility assistance, assistance paying delinquent property taxes, counseling and legal aid to prevent eviction and homelessness & emergency programs or services for homeless individuals, including temporary residences for people experiencing homelessness ✓ Health insurance coverage expansion ✓ Benefits for surviving family members of individuals who have died from COVID-19 ✓ Assistance to individuals who want and are available for work, including job training, public jobs programs and fairs, support for childcare and transportation to and from a jobsite or interview, incentives for newly- employed workers, subsidized employment, grants to hire underserved workers, assistance to unemployed individuals to start small businesses & development of job and workforce training centers ✓ Financial services for the unbanked and underbanked ✓ Burials, home repair & home weatherization ✓ Programs, devices & equipment for internet access and digital literacy, including subsidies for costs of access ✓ Cash assistance ✓ Paid sick, medical, and family leave programs ✓ Assistance in accessing and applying for public benefits or services ✓ Childcare and early learning services, home visiting programs, services for child welfare- involved families and foster youth & childcare facilities ✓ Assistance to address the impact of learning loss for K-12 students (e.g., high-quality tutoring, differentiated instruction) ✓ Programs or services to support long-term housing security: including development of affordable housing and permanent supportive housing ✓ Certain contributions to an Unemployment Insurance Trust Fund4 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). 19 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Disproportionately Impacted Households and Communities Treasury presumes the following households and communities are disproportionately impacted by the pandemic: ✓ Low -income households and communities ✓ Households residing in Qualified Census Tracts ✓ Households that qualify for certain federal 5benefits ✓ Households receiving services provided by Tribal governments ✓ Households residing in the U.S. territories or receiving services from these governments 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 20 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 households access health & social services ✓ Remediation of lead paint or other lead hazards ✓ Primary care clinics, hospitals, integration of health services into other settings, and other investments in medical equipment & facilities designed to address health disparities ✓ Housing vouchers & assistance relocating to neighborhoods with higher economic opportunity ✓ Investments in neighborhoods to promote improved health outcomes ✓ Improvements to vacant and abandoned properties, including rehabilitation or maintenance, renovation, removal and remediation of environmental contaminants, demolition or deconstruction, greening/vacant lot cleanup & conversion to affordable housing7 ✓ Services to address educational disparities, including assistance to high-poverty school districts & educational and evidence-based services to address student academic, social, emotional, and mental health needs ✓ Schools and other educational equipment & facilities ✓ Responses available to respond to impacts of the pandemic on households and communities (including those listed on page 18) 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. 21 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 ✓ Financial insecurity ✓ Increased costs ✓ Capacity to weather financial hardship ✓ Challenges covering payroll, rent or 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 hardship, such as by supporting payroll and benefits, costs to retain employees, and mortgage, rent, utility, and other operating costs ✓ Technical assistance, counseling, or other services to support business planning Disproportionately Impacted Small Businesses Treasury presumes that the following small businesses are disproportionately impacted by the pandemic: 8 15 U.S.C. 632. 22 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury ✓ Small businesses operating in Qualified Census Tracts ✓ Small businesses operated by Tribal governments or on Tribal lands ✓ Small businesses operating in the U.S. territories Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule: ✓ Rehabilitation of commercial properties, storefront improvements & façade improvements ✓ Technical assistance, business incubators & grants for start-up or expansion costs for small businesses ✓ Support for microbusinesses, including financial, childcare, and transportation costs 23 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 and fees) ✓ Financial insecurity ✓ Increased costs (e.g., uncompensated increases in service need) ✓ Capacity to weather financial hardship ✓ Challenges covering payroll, rent or mortgage, and other operating costs Assistance to nonprofits that experienced negative economic impacts includes the following enumerated uses: ✓ Loans or grants to mitigate financial hardship ✓ Technical or in-kind assistance or other 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 Tracts ✓ Nonprofits operated by Tribal governments or on Tribal lands ✓ Nonprofits operating in the U.S. territories Recipients may identify appropriate responses that are related and reasonably proportional to addressing these disproportionate impacts. 24 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 25 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Treasury recognizes the enumerated projects below as eligible responses to impacted industries. ✓ Aid to mitigate financial hardship, such as supporting payroll costs, lost pay and benefits for returning employees, support of operations and maintenance of existing equipment and facilities ✓ Technical assistance, counseling, or other services to support business planning ✓ COVID-19 mitigation and infection 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. 26 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 officers) ✓ Sheriffs and deputy sheriffs ✓ Firefighters ✓ Emergency medical responders ✓ Correctional and detention officers ✓ Dispatchers and supervisor personnel that directly support public safety staff Public health staff include: ✓ Employees involved in providing medical and other physical or mental health services to patients and supervisory personnel, including medical staff assigned to schools, prisons, and other such institutions ✓ Laboratory technicians, medical examiners, morgue staff, and other support services essential for patient care ✓ Employees of public health departments directly engaged in public health matters and related supervisory personnel Human services staff include: ✓ Employees providing or administering social services and public benefits ✓ Child welfare services employees ✓ Child, elder, or family care 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 27 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 28 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 29 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury ✓ Program evaluation and evidence resources ✓ Data analysis resources to gather, assess, share, and use data ✓ Technology infrastructure to improve access to and the user experience of government IT systems, as well as technology improvements to increase public access and delivery of government programs and services ✓ Community outreach and engagement activities ✓ Capacity building resources to support using data and evidence, including hiring staff, consultants, or technical assistance support • Addressing administrative needs, including: ✓ Administrative costs for programs responding to the public health emergency and its economic impacts, including non-SLFRF and non-federally funded programs ✓ Address administrative needs caused or exacerbated by the pandemic, including addressing backlogs caused by shutdowns, increased repair or maintenance needs, and technology infrastructure to adapt government operations to the pandemic (e.g., video-conferencing software, data and case management systems) 30 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 total capital expenditures of and the use is enumerated by Treasury as eligible, then and the use is beyond those enumerated by Treasury as eligible, then Less than $1 million No Written Justification required No Written Justification required Greater than or equal to $1 million, but less than $10 million Written Justification required but recipients are not required to submit as part of regular reporting to Treasury Written Justification required and recipients must submit as part of regular reporting to Treasury $10 million or more Written Justification required and recipients must submit as part of regular 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. 31 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury • 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 facilities as a response to an increase in rate of crime  Construction of new congregate facilities to decrease spread of COVID-19 in the facility  Construction of convention centers, stadiums, or other large capital projects intended for general economic development or to aid impacted industries 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. 32 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 economic impact 2. Design a response that addresses or responds to the impact Analysis • Can identify impact to a specific household, business or nonprofit or to a class of households, businesses or nonprofits (i.e., group) • Can also identify disproportionate impacts, or more severe impacts, to a specific beneficiary or to a class • Types of responses can include a program, service, or capital expenditure • Response should be related and reasonably proportional to the harm • Response should also be reasonably 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 33 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 34 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 35 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 ✓ Emergency response ✓ Sanitation, disinfection & cleaning ✓ Maintenance ✓ Grocery stores, restaurants, food production, and food delivery ✓ Pharmacy ✓ Biomedical research ✓ Behavioral health ✓ Medical testing and diagnostics ✓ Home and community-based health care or assistance with activities of daily living ✓ Family or child care ✓ Social services ✓ Public health ✓ Mortuary ✓ Critical clinical research, development, and testing necessary for COVID-19 response ✓ State, local, or Tribal government workforce ✓ Workers providing vital services to Tribes ✓ Educational, school nutrition, and other work required to operate a school facility ✓ Laundry ✓ Elections ✓ Solid waste or hazardous materials management, response, and cleanup ✓ Work requiring physical interaction with patients ✓ Dental care ✓ Transportation and warehousing ✓ Hotel and commercial lodging facilities that are used for COVID-19 mitigation and containment 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. 36 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 37 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 treatment works ✓ Projects pursuant to implementation of a nonpoint source pollution management program established under the Clean Water Act (CWA) ✓ Decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage ✓ Management and treatment of stormwater or subsurface drainage water ✓ Water conservation, efficiency, or reuse measures ✓ Development and implementation of a conservation and management plan under the CWA ✓ Watershed projects meeting the criteria set forth in the CWA ✓ Energy consumption reduction for publicly owned treatment works ✓ Reuse or recycling of wastewater, stormwater, or subsurface drainage water ✓ Security of publicly owned treatment works 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 quality ✓ Transmission and distribution, including improvements of water pressure or prevention of contamination in infrastructure and lead service line replacements ✓ New sources to replace contaminated drinking water or increase drought resilience, including aquifer storage and recovery system for water storage ✓ Green infrastructure, including green roofs, rainwater harvesting collection, permeable pavement ✓ Storage of drinking water, such as to prevent contaminants or equalize water demands ✓ Purchase of water systems and interconnection of systems ✓ New community water systems Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities. 38 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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, replacement of storm sewers, and additional types of stormwater infrastructure ✓ Infrastructure to improve access to safe drinking water for individual served by residential wells, including testing initiatives, and treatment/remediation strategies that address contamination ✓ Dam and reservoir rehabilitation if primary purpose of dam or reservoir is for drinking water supply and project is necessary for provision of drinking water ✓ Broad set of lead remediation projects eligible under EPA grant programs authorized by the Water Infrastructure Improvements for the Nation (WIIN) Act, such as lead testing, installation of corrosion control treatment, lead service line replacement, as well as water quality testing, compliance monitoring, and remediation activities, including replacement of internal plumbing and faucets and fixtures in schools and childcare facilities 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. 39 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 broadband connection ✓ Lack of affordable broadband ✓ 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. 40 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 Connectivity Program (ACP) ✓ Provide access to a broad-based 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. 41 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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 start of the COVID-19 public health emergency and occur outside the recipient's regular timing for making the payment  Occur at the regular time for pension contributions but is larger than a regular payment would have been 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 42 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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). 43 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. 44 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 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. The Coronavirus State and Local Fiscal Recovery Funds provide a substantial infusion of resources to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery. The American Rescue Plan will deliver $350 billion for state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and bring back jobs. Eligible Jurisdictions & Allocations Direct Recipients •States and District of Columbia ($195.3 billion) •Counties ($65.1 billion) •Metropolitan cities ($45.6 billion) •Tribal governments ($20.0 billion) •Territories ($4.5 billion) Indirect Recipients •Non-entitlement units ($19.5 billion) Funding Objectives •Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control •Replace lost public sector revenue to strengthen support for vital public services and help retain jobs •Support immediate economic stabilization for households and businesses •Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic Address Negative Economic Impacts Respond to economic harms to workers, families, small businesses, impacted industries, and the public sector Premium Pay for Essential Workers Offer additional support to those who have and will bear the greatest health risks because of their service in critical infrastructure sectors Replace Public Sector Revenue Loss Use funds to provide government services to the extent of the reduction in revenue experienced due to the pandemic Support Public Health Response Fund COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff Broadband Infrastructure Make necessary investments to provide unserved or underserved locations with new or expanded broadband access Water and Sewer Infrastructure Make necessary investments to improve access to clean drinking water and invest in wastewater and stormwater infrastructure Example Uses of Funds South Burlington Bicycle & Pedestrian Committee FY2022 Work Plan Priority Areas & Actions July 1, 2021 – June 30, 2022 Submitted Version September 22, 2021 1 The Mission of the Bicycle & Pedestrian Committee is to oversee the general operation of the City’s bicycle and pedestrian infrastructure including its many recreational paths, sidewalks, bike lanes, crosswalks and trails, and to advise the City Council of bicycle and pedestrian policy and safety issues and operational needs and future development plans for the City’s bicycle and pedestrian infrastructure including the path network. (Revised Mission as approved by the Committee 6/2021 to be approved by City Council) Committee Members: Amanda Holland, Bob Britt (Vice-Chair), Cathy Frank, Dana Farr, Donna Leban, Havaleh Gagne (Chair), Matty Larkspur, Nic Anderson (Clerk) City Representative: Ashley Parker Goal (Comprehensive Plan): Bicycle and pedestrian friendly with safe transportation infrastructure. The following are the Committee’s three Priority Areas and identified supporting Actions. Priority Area: Cultivate and maintain a network of bicycle and pedestrian infrastructure that provides a safe and accessible connection for all residents. ● ACTION: Engage closely with City Staff on the allocation of the Penny for Paths Fund as well as a strategic plan for implementing priority projects. ● ACTION: Annually participate in the CIP process to ensure alignment with the Committee’s bike and pedestrian infrastructure priorities. ● ACTION: Meet regularly with Dept. of Public Works to drive alignment on safety, maintenance and network priorities. ● ACTION: Coordinate with the Recreation & Parks Dept. and appropriate City Committees to ensure City trails are accessible and maintained. ● ACTION: In coordination with City Staff, monitor the condition of the bike and pedestrian network (paint, signage, surface condition) and report maintenance concerns. ● ACTION: Participate in scoping studies, planning efforts, and development review applications that impact bike and pedestrian modes of travel and monitor the integration of the preferred alternative or permit condition through to construction. ● ACTION: Advance new crosswalk locations by working with City Staff to determine level of design and funding necessary for installation. ● ACTION: Annually review and provide updates to the mapped data of bike and pedestrian infrastructure (existing and proposed GIS datasets) to maintain an accurate record of the system. South Burlington Bicycle & Pedestrian Committee FY2022 Work Plan Priority Areas & Actions July 1, 2021 – June 30, 2022 Submitted Version September 22, 2021 2 Priority Area: Strengthen communication with the South Burlington community on bike and pedestrian network needs, priorities and successes. ● ACTION: Increase awareness of South Burlington as a bikeable, walkable city through community outreach, digital/paper maps, signage and community surveys (People for Bikes and League of American Bicyclists surveys). ● ACTION: Provide guidance to City Staff on the development and deployment of the Recreation Path wayfinding package and regulatory signage. ● ACTION: Communicate bike and pedestrian network needs, priorities, successes through announcements, events, meetings, digital/paper maps, and publicity. ● ACTION: Support City Staff in conveying the progress of projects funded by the Penny for Paths Initiative with signage and announcements to indicate infrastructure improvements “coming soon” or completed. Priority Area: Promote a culture of using the bike and pedestrian network as a pleasant, safe and easy alternative for transportation to school, work, recreation and activities of daily living. ● ACTION: Partner with Energy Committee and South Burlington schools to increase bus, public transit, bicycle and pedestrian commuting for students, staff, and residents (statewide Way to Go School program, Safe Routes to School program and Committee's Neighborhood to Schools Greenway pilot). o Partner on efforts to annually promote and support the statewide Way to Go School Program and schools registered with the Vermont Safe Routes to School Program. o Continue the design and deployment of the Neighborhood to Schools Greenway Pilot to create a safe route by foot or bike for middle and high school students to get to school from the Mayfair Park and adjacent neighborhoods. o Promote Bike to Work Week to encourage non-car transportation. o Promote walk/bike to City Center (as building continues). ● ACTION: Collaborate with state and local agencies to explore novel ways to increase bicycle and pedestrian safety by deprioritizing automobile transportation. ● ACTION: Participate on the City’s Climate Action Plan through a Committee liaison, cognizant of the important role micromobility devices will play in a carbon-neutral future. ● ACTION: Identify partnerships to aid the education of all modes of travel (automobile, e- assist devices, and non-motorized) on the rules of the road and use of the South Burlington network. Description Creating a robust sense of place and opportunity for our residents and visitors. Implementation Strategy Description Responsible  Leader(s) Timeline Committe e Action LDR Updates:   *Explore rezoning the land around the airport *Continue revisions to City Center Form Based Code and associated Official Map updates to support successful development of the downtown Paul FY22 EDC, PC *EDC to participate in airport rezoning subcommittee *PC to discuss and adopt all Start planning for (identify funding, project timeline, and connection to Comp Plan  update) the develop a Park Master Plan to assess neighborhoods for unique features and  determine how best to ensure equity of amenities like: accessibility, open space, park  space, walkability, e‐bikes, etc. *Focus on evaluating City trail connectivity [link to Walkable and Clean & Green] Ashley, Holly multi‐year RPC,  NRCC,  CAD Make recommendations to Council and staff Plan for Recreation Center future (new facility, existing spaces, etc.)?Holly, Ilona multi‐year RPC Provide recommendations to the City Council ***Engage/invite residents to provide input on what a robust community means to them *Exploring a model(s) to engage residents ‐ including potentially a permanent Town  Meeting Day Survey to track longitudinal data or RDD‐type survey with benchmarking *Assess progress toward achieving a community identity *Examine how to increase participation in city discussions *Increase ways to foster invitations to diverse populations to help our City Coralee and  all ongoing ***Continue to strengthen community identity  and commitment to communications  *Refine and enhance a strategy for outward communications (checklists, structures,  types, branding, etc) *Develop comprehensive communications policy *Provide training to staff and committees *Update City's website for clear resident communication *Provide resources for our non‐English speaking population Coralee ongoing Develop a policy on when the City assumes ownership for privately developed parks,  open spaces, and roads (rec paths and sidewalks), and ensure maintenance resources are  developed Paul, Holly,  Jessie, Justin FY22 ‐ FY23 SBPD will continue to be a progressive leader in the evolution of police use of force and  de‐escalation principals as we adopt, train, and implement the 2021 legislation on Use of  Force Shawn ongoing Support Art in City Center PASC/Ilona ongoing PASC * Hold dedication events for art; * Mount  shows in public gallery; * Select art for  upcoming projects Participate in the Airport Sound Committee and ensure noise mitigation funds are  available to the community Jessie, Paul  ongoing Promote the expansion of Dog Park offerings both on publicly‐owned lands and with new  development proposals Holly, Paul 5 years CAD Consider plans and provide feedback Complete project to put land records online Donna FY22 Support Trustees in completing Library Strategic Plan Jennifer FY22 Library  Trustees Complete Library Strategic Plan Modernize rules and regulations on dogs and common spaces for dogs Colin, Holly,  Justin,  Shawn,  Ashley FY22‐FY23 CAD Review and recommend ordinance changes Committee  Interest Must Do City of South Burlington FY22 Policy Priorities & Strategies Adopted by Council 11/15/21 Affordable and Community Strong *Be affordable, with housing for people of all incomes, lifestyles, and stages of life *Keep unique features, and maintain or enhance the quality of life of existing neighborhoods *Be a recognized leader in public education offerings and outcomes *Provide quality public safety, infrastructure, health, wellness, and recreation services *Ensure transparent and accessible government. "This is how we are accomplishing this vision.""This is how our resident committees can inform policy  Role of City Manager and Leadership Team Role of City Committee *Take into account the quality of life of residents, employees, and visitors in the development of City policies, plans, projects, and regulations *Actively plan for public spaces throughout the City, including public open spaces and public art, such that these spaces can be utilized daily and also for special community‐ *Establish vibrant streetscapes, civic spaces, public art and public facilities in the Central District and City Center. Description Creating a robust sense of place and opportunity for our residents and visitors. Implementation Strategy Description Responsible  Leader(s) Timeline Committe e Action Affordable and Community Strong *Be affordable, with housing for people of all incomes, lifestyles, and stages of life *Keep unique features, and maintain or enhance the quality of life of existing neighborhoods *Be a recognized leader in public education offerings and outcomes *Provide quality public safety, infrastructure, health, wellness, and recreation services *Ensure transparent and accessible government. "This is how we are accomplishing this vision.""This is how our resident committees can inform policy  Role of City Manager and Leadership Team Role of City Committee *Take into account the quality of life of residents, employees, and visitors in the development of City policies, plans, projects, and regulations *Actively plan for public spaces throughout the City, including public open spaces and public art, such that these spaces can be utilized daily and also for special community‐ *Establish vibrant streetscapes, civic spaces, public art and public facilities in the Central District and City Center. Conduct a cultural assessment (artist/arts inventory) in preparation for a future potential  cultural plan (ARPA?) Ilona FY22 PASC Review recommendations for the use of ARPA  dollars; Conduct Inventory Build art into public spaces throughout South Burlington Ilona multi‐year PASC Issue Call for Art to develop ideas for future art  installations city wide Plan for a Fall 2022 Literary Streetfest on Market Street Jennifer FY22‐FY23 Library  Trustees Guide planning for Literary Streetfest PC  Adopt new Accessory Dwelling Unit standards PC Adopt updated regulations including PUDs and  subdivisions AHC Explore funding mechanisms to increase  funding to Affordable Housing Trust Fund and  make recommendations to Council AHC Work with staff to review options for buying  privately owned or developing existing city‐ owned land to develop additional perpetually  affordable housing EDC Work with staff to review options for buying or  developing existing city‐owned land PC Develop tools for core areas of the City,  including neighborhoods, commercial PUDs,  infill, redevelopment PUDs, and/or extended  use of TDRS Continue focus on developing City Center and successfully administering the TIF district *Gain approval of a Substantial Change request *TIF 5 year audit Ilona multi‐year Plan for effective use of ARPA funding *Infrastructure (including IT) *Affordable Housing *Economic development and business support Andrew multi‐year AHC, EDC Make recommendations to Council on how best  to use ARPA funding for housing and economic  development Complete LDR Amendment process:   *Extend inclusionary zoning city‐wide  *Zoning District amendments to align with Comprehensive Plan Paul FY22 Strengthen relationship with the School Board and develop a coordinated budget and  priorities for the City as a whole. Jessie ongoing Increase and coordinate Recreation & Parks and Library programming to provide  opportunities for community engagement Holly,  Jennifer ongoing Complete a city‐wide assessment and update to city addresses to be compliant with state  required E9‐1‐1 system Marla Ongoing SBPD will continue to be a leader in recognizing bias in policing and establishing  meaningful relationships with the immigrant community. This work includes education  for staff and leveraging the partnership formed with our cultural brokers. Shawn FY22 Complete Szymanski Park Improvements Holly, Justin FY22 South Village Field:  Determine future use and work with developer on construction Holly, Justin FY22 Hubbard Natural Area:  Complete design phase and prepare bid documents Ashley, Justin FY22 Red Rocks:  Complete permitting for park improvements Ashley, Justin FY22 Core  Services Description Implementation Strategy Description Responsible  Leader(s) Timeline Committee Action Williston Road Streetscape:  Complete design and initiate ROW  acquisition Justin, Ilona FY22 Complete 8 to 10 projects prioritized in Penny for Paths as a step to  tie together network for accessibility for all Justin, Ashley FY22 BPC Inform P4Ps priorities Improve connections between maintenance costs and capital  (public and private) investments *Assess maintenance standards and commitment to level of service *Reflect these decisions in maintenance budgets *2022 ‐ Focus on line striping budget and timeline *Continue to diversify the maintenance fleet (smaller more nimble fleet pieces) to meet changing transportation designs Justin ongoing Work with folks at GMT to improve and enhance transit options in  the City and throughout the region. Jessie, Paul,  Justin ongoing Garden Street:  Complete the right of way acquisition and design;  bid out  project Justin, Ilona FY22 Update City‐wide official map to include examination of east‐west  roads Paul FY22 PC Consider and adopt new official map Complete Transportation Impact Fee update Justin, Paul FY22 Complete Transportation Demand Management Regulations Justin, Paul ongoing PC Consider and adopt new regulations LDR Amendments to promote walkable neighborhoods and  environmental conservation *Replace Subdivision and Master Plan Standards *New Planned Unit Development Types: Conservation, Traditional Neighborhood *Establish citywide Civic Space Types, Street Types and Building Types and Residential Design Justin, Paul FY22 and  FY23 PC, NRCC PC:  Consider and adopt new regulations NRCC: Advise on concepts Consider UPWP applications to build out bike/ped infrastructure to  create an accessible network for all residents with focus on scoping  projects for next two years. Paul, Ashley,  Justin multi‐year EC, BPC Support funds, participate in  conversations around related projects Consider multi‐modal transportation planning and implementation  expertise when hiring the next DPW Director Jessie FY22 BPC Develop strategy to connect with  residents about how to interact and  engage with each other via different  modes of transportation in a respectful  and responsible way. EDC Continue to participate in I89 Corridor  Pending  funding Pursue other projects in City Center as funded (Ped/Bike Bridge) Ilona ongoing Committee  Interest City of South Burlington FY22 Policy Priorities & Strategies Adopted by Council 11/15/21 Walkable Bicycle and pedestrian friendly with safe transportation infrastructure. *Develop a safe and efficient transportation system that supports pedestrian, bicycle, and transit options while accommodating the automobile "This is how we are accomplishing this vision." "This is how our resident committees can inform policy  and help implement policy." Role of City Manager and Leadership Team Role of City Committee *Establish a city center with pedestrian‐oriented design, mixed uses, and public buildings and civic spaces that act as a focal point to the community. Must Do Core Services Description Implementation Strategy Description Responsible Leader(s) Timeline Commit tee Action Continue to reduce our phosphorus discharges into Lake  Champlain; work with DEC on a possible P‐Credit Program as we are  achieving great results that others could benefit from with our P  reduction Justin ongoing *** Develop the City's Climate Action Plan (including a specific  Transportation Implementation Plan and Governance  Implementation Plan) [Transportation Plan link to Walkable] Paul FY22‐FY23 Task  Force,  EC Participate in Climate Change planning;  provide recommendations Support reduction in fossil fuel use in South Burlington by looking at  viable alternative fuel options for City fleet *Research capacity of new technology and weigh against cost of new investment for future budget consideration *Expand use of electric hand held equipment and investigate the replacement of gas‐powered equipment/fleet with  electric/renewable equivalents *Integrate into relevant sections of the Climate Action Plan *By leveraging the Cloud, reduce onsite hardware to result in lower energy consumption Justin, Paul, Chiefs,  Lou ongoing Prepare for an Chloride TMDL by instituting winter maintenance  best practices and working with the private sector on their SOPs.  Perhaps a Stormwater Credit can be created for  private sector Cl‐  reductions Justin, Paul ongoing Improve management/maintenance of City‐owned open spaces *Pursue acquisition/conservation of properties based on Council directions and priorities *Develop a policy to evaluate a parcel's use (access or not) *Review and update current Open Space Fund parameters *Create City Open Space Management Plans *Develop funding strategy for maintenance management and open space plan *Recommend process for funding ongoing maintenance and management *Ensure all documentation is centrally maintained Jessie, Ashley, Justin,  Paul multi‐year NRCC Develop Open Space Plan to document  strategy for prioritizing conservation  and stewardship of land in the City. Complete Auclair conservation plan Paul FY22 Continue to collect, monitor and analyze energy data for City  facilities *Post reports to the website Lou ongoing EC, BPC Provide support; recommendations Review and consider updates to Tree Ordinance Justin FY22 NRCC Make recommendations to Council Review and consider changes to the City's Emerald Ash Borer Plan Justin FY22 NRCC Make recommendations to Council Must Do City of South Burlington FY22 Policy Priorities & Strategies Adopted by Council 11/15/21 Green & Clean Emphasizing sustainability for long‐term viability of a clean and green South Burlington *Promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources,  "This is how we are accomplishing this vision." "This is how our resident committees can inform  policy and help implement policy." Role of City Manager and Leadership Team Role of City Committee *Reduce energy consumption city‐wide and increase renewable energy production where appropriate. *Climate Change Resolution Description Implementation Strategy Description Responsible Leader(s) Timeline Commit tee Action Green & Clean Emphasizing sustainability for long‐term viability of a clean and green South Burlington *Promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources,  "This is how we are accomplishing this vision." "This is how our resident committees can inform  policy and help implement policy." Role of City Manager and Leadership Team Role of City Committee *Reduce energy consumption city‐wide and increase renewable energy production where appropriate. *Climate Change Resolution LDR Updates: *Update regulations to include requirements for increasing energy efficiency for all development (highest already in the State) to  potentially include solar generation requirement for new  development Paul FY22‐FY23 PC Consider and possibly make  recommendation to Council. EC Participate in Button up and other  community education opportunities;  support efforts to weatherize as part of  noise mitigation EDC Explore ways to recruit and retain clean  energy businesses EC  Assist the City with identifying  additional investments in energy  efficiency improvements and operating  practices in municipal buildings and  other facilities that will reduce their  energy cost and associated carbon  footprint.  Complete LDR Amendment process:   *Conservation PUDs and Environmental Protection Standards *LDR Amendments to facilitate accessory dwelling units, solar  ready roofs and solar gain, accessory structures, and other minor amendments *Zoning District amendments to align with Comprehensive Plan Paul FY22 New LDR Amendment Round *To support redevelopment and infill in built up areas including TDRs and PUDs Paul FY22‐FY23 PC Consider and possibly make  recommendation to Council. Update All‐Hazard Mitigation Plan Terry, Paul FY22 Achieve LEED Certification for 180 Market Street Ilona, Lou, Justin FY22 Core  Services Committee  Interest Description Implementation Strategy Description Responsible  Leader(s) Timeline Committee Action Be nimble in supporting future of U Mall.  *Consider additional commercial uses *Consider campus housing *Explore restoring unused impervious areas to natural state for stormawater  mitigation and community garden for local food production Jessie, Ilona ongoing Dorset Street Signals:   *Complete hardware project planning and bidding *Consider how to make Dorset more walkable Justin FY22 ‐ FY24 Develop plan to provide dispatch services to partner communities Shawn FY22 Develop metrics for fiscal and economic development:  do we have a tax base  goal? What do we need to be financially sustainable?  How do we support GL  growth that enables this?  Jessie, Ilona ongoing EDC Develop and review metrics Continue to represent the City on regional and state‐wide boards:  VLCT, CCRPC,  Clerks' Association,  VT Bar Association, Green Mountain Water & Environment  Association (GMWEA), Vermont Chapter of the Institute of Transportation  Engineers (VTITE), and VT Clean Water Advisory Committee (CWAC) All ongoing Assess the City's Industrial‐Commercial Zoning districts:  What uses MUST be  away from housing?  Should we reserve land for those purposes only while  making other "business parks" eligible for a wider range of mixed uses? Paul FY22‐FY23 PC and EDC Provide feedback and review of  options Participate in the region's Building Homes Together campaign  (http://www.ecosproject.com/building‐homes‐together) with a focus on  financing tools, link to transportation, and food/gardening resources Jessie, Paul 5 years Maintain presence on the Champlain Valley Conservation Partnership to support  regional conservation and stewardship goals. Ashley ongoing AHC Identify regulatory barriers and  added costs of developing multi‐ unit buildings and propose ways for  SB to address them.  Could include:  waiver or reduction of city impact  and permit fees for perpetually  affordable developments AHC Articulate connections between  dense housing development and  climate change solutions AHC Review zoning districts city‐wide to  identify additional locations for  residential/mixed‐use zoning  including conducting an inventory  of vacant space. AHC Identify regulatory barriers and  added costs of redeveloping areas  of SB and propose ways to address  them EDC Identify staff support for EDC Pending  Community or  Committee  interest Consider ballot item on Commercial Cannabis Jessie FY22 EDC Explore Commercial Cannabis,  monitor CCB's efforts and make  recommendations to Council Committee  Interest City of South Burlington FY22 Policy Priorities & Strategies Adopted by Council 11/15/21 Being a supportive and engaged member of the larger regional and statewide community. *Prioritize development that occurs within the community into the higher intensity areas identified within this Plan Must Do "This is how we are accomplishing this vision." "This is how our resident committees can inform  Role of City Manager and Leadership Team Role of City Committee *Support a diverse and vibrant economy built on quality jobs, employment centers and a supportive educational and research system; support markets for local agricultural and food products. Opportunity Oriented Description Implementation Strategy Description Responsible  Leader(s) Timeline Committee Action Being a supportive and engaged member of the larger regional and statewide community. *Prioritize development that occurs within the community into the higher intensity areas identified within this Plan "This is how we are accomplishing this vision." "This is how our resident committees can inform  Role of City Manager and Leadership Team Role of City Committee *Support a diverse and vibrant economy built on quality jobs, employment centers and a supportive educational and research system; support markets for local agricultural and food products. Opportunity Oriented Participate in State‐wide Code Review conversations and adjust local ordinances  as needed Terry FY22 Offer City‐owned spaces to community for use with a focus on events in City  Center Coralee,  Holly,  Jennifer FY22 Core Service Implementation Strategy Description Responsible Leader(s) Timeline Committee Action ***Focus on equity and inclusion  *Develop and adopt a City‐wide equity and inclusion statement *Year 1 implementation plan to the Council *Internal staff training *Increase representation on committees by inviting folks to  participate *Implement new processes for receiving inclusive input on city  policies and projects *Participate in state‐wide Fair and Impartial Policing training and  policy development  *Develop accessible outreach materials regarding elections and city  services  All Staff (leads: Jessie,  Coralee, Shawn) FY22‐FY23  and  ongoing AHC Propose an Impact Assessment  Checklist for Council  consideration Consider charter changes related to governance and monitor  reappointment of legislative districts Jessie, Donna FY22 ‐ FY23 *** Modernize the City's Personnel Policies and Practices *Update Personnel Handbook *Focus on recruitment and retention to reflect the community we  serve *Analyze the staff we need to provide the level of service we want to  provide *Focus on onboarding, orientation, and cross‐department collaboration *Institute an annual review process and Staff Development Program  with staff input *Ensure first responders have specialized training they need *Consider benefits we can offer for PT employees for recruitment and retention *Consider succession planning  *Complete a wage classification study *Support staff well‐being, empowerment, and opportunities Coralee FY22 and  FY23 Develop redundancy for IT services *Including encrypted emails *Malware‐proofing Mike ongoing *** Continue commitment to moving to and maintaining electronic  records  *Focus on Fire, Finance, and HR records and complete historic permits *Work to link parcel data through Planning & Zoning, Assessor, and  DPW **Consider backup plans should we lose files and internet All ongoing ***Update permitting systems and processes: *Provide technology to streamline processes *Build an expedited pathway for Sustainable Energy Projects *Support efficient DRB review Paul FY22 PC  (recommend ed by EDC) Update permitting system:  Ensure an expedited pathway  for high impact priority projects Initiate review of progress on the 2016 Comprehensive Plan in  preparation for the 2024 Plan. All Departments and  Committees FY22‐FY24 All  committees Participate in review of progress  on the 2016 Comprehensive  Plan in preparation for the 2024  City of South Burlington FY22 Policy Priorities & Strategies Adopted by Council 11/15/21 Core Municipal Services and Administration Must Do "This is how we are accomplishing this vision." "This is how our resident committees can  inform policy and help implement policy." Role of City Manager and Leadership Team Role of City Committee Implementation Strategy Description Responsible Leader(s) Timeline Committee Action Core Municipal Services and Administration "This is how we are accomplishing this vision." "This is how our resident committees can  inform policy and help implement policy." Role of City Manager and Leadership Team Role of City Committee *** Continue focus on being customer service oriented *Set internal and external customer service standards *Focus on moving from paper forms to digital forms with possibility for credit card payments *Implement E‐fax to eliminate fax machine needs All ongoing Reduce water loss (which directly translated to lost water use  revenue) through the continuation of a water meter replacement  program Justin 3 years Implement Office 365 Mike FY22 for  FY23 Complete Reappraisal and attend to equity concerns raised through  BCA process Martha LFY22 Clean up delinquency list and put in place payment plans Martha LFY22 Consider a policy on camping/domicile on public property or  encampment policy to best serve our neighbors and our property Jessie, Colin FY22 Core Services For consideration and prioritization in future years. Ideas Rental Registry and/or Housing Ordinance/Short‐term Rentals (AirBnb) Partner with Burlington for a Regional Tech Center Resident Parking Ordinance  Work with partners to extend the Bike Share Program into more South Burlington neighborhoods *Assess motorized vehicles on shared use path system and develop policies around signage and safety Must for FY23:  City Center Park Phase II:  Initiate design for City Center Park pedestrian and bicycle boardwalk  connection  Revisit Winter Parking Ban City pledge to not to use herbicides or fungicides on South Burlington parks, recreation or other owned property and to  encourage property owners to do the same.   Work with public/homeowners to educate about maintaining backyard stream/wetland buffers Need a definition for committee liaisons and tasks/obligations Develop a policy for abandoned properties Investment policy to match Climate Action Resolution Policy:  Every land use issue or decision must have a climate change or mitigation as the primary guiding principle Consider sustainability in purchasing vs cost Research Tech neutral approach to carbon emissions reductions Explore updating the City's Noise and Nuisance ordinances and related LDRs Mary Street ‐ Add sidewalk City of South Burlington FY22 Policy Priorities & Strategies Adopted by Council 11/15/21 Bike Rack *** = Idea received more than 4 votes by the Department Heads AHC = Affordable Housing Committee BPC = Bike and Pedestrian Committee CAD= Common Area for Dogs Committee EC = Energy Committee EDC = Economic Development Committee LT = Leadership Team (city's Department Heads) PASC= Public Art Selection Committee RPC= Recreation and Parks Committee SBBA= South Burlington Business Association Task Force =Climate Action Task Force Key City of South Burlington FY22 Policy Priorities & Strategies