Windham Region Chamber of Commerce

COVID-19

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NEW COVID RULES AS OF MAY 19

The following rules apply to all Connecticut businesses and organizations and are effective March 19, 2021. Please keep in mind that it is the cumulative effects gained from social distancing, hand washing, and mask-wearing that will continue to prevent the spread of COVID-19. Businesses should take these rules as the minimum baseline of precautions needed to protect public health in Connecticut and refer to the recommended guidance by sector listed at the bottom of this page for best practices. Individual establishments should also take additional measures as recommended by industry experts or by common sense applied to their particular situation.

General Recommendations

Businesses/organizations should continue to support local public health contact tracing efforts, such as maintaining a log of employees on-premises over time.

Employers should continue to encourage employees to stay home when sick and encourage working from home when possible. In the event of a positive COVID-19 case, employees shall inform their employers and follow state testing and contact tracing protocols.

Businesses have the right to refuse service from customers not wearing masks.

Social distance markers, signage, and one-way traffic are still encouraged.

In terms of ventilation, facilities should work to increase the percentage of outdoor air that circulates into the system where possible, or use window units.

Businesses are still encouraged to post clear signage that includes the state hotline (211) for employees and customers to report potential violations of these rules. For additional information, please see Safe Workplace Recommendations for Employers.

Effective Friday, March 19, 2021

All Businesses/Organizations

Capacity limits are now up to 100%, subject to social distancing requirements (unless otherwise noted). However, it is the right of the operator/owner if they choose to operate below 100% capacity.

6 ft. spacing and social distancing continues to be required where possible (unless otherwise noted).

Masks continue to be required in all public settings where social distancing is not possible.

All establishments must follow CDC Cleaning and Disinfecting guidelines.

Performers and musical vocalists at restaurants, outdoor and indoor events, and performing arts venues are allowed, subject to the following:

  • 12 ft. spacing or more from the nearest person dining or working (for example, workstations or walking paths used by employees must be included in the 12 ft. distancing).
  • To maximize the protection of their patrons and employees, businesses/organizations are strongly encouraged to require performers to obtain a negative COVID-19 test (PCR) within 72 hours prior to performing.

Sports and Gyms/Fitness Centers

All sports will be allowed to practice and compete, and all sports tournaments will be allowed, subject to Department of Public Health guidance.

Indoor and outdoor pools should limit the total number of patrons in the pool area and pool to the number of people/households that can safely fit on the pool deck area while maintaining 6 ft. of distance, including 3 ft. wide walking paths. “Free swim,” where individuals are not engaged in lap swimming, swim lessons, water aerobics, or other similar organized water activities, is discouraged prior to April 20. Youth and amateur swimming teams are subject to DPH guidance.

Road race organizers are encouraged to follow the guidance contained in the Outdoor Events Reopen Recommendations below.

6 ft. spacing is still required between gym/fitness center customers, as are masks.

Restaurants & Indoor Recreation

6 ft. spacing or non-porous barrier continue to be required between tables, with an 8-person maximum table capacity.

Food Service continues to be required with alcohol service– bars that only serve beverages must remain closed. No standing bar services is allowed outside of private events.

All restaurants and indoor recreation continue to be subject to an 11:00 PM closing time.

Movie Theaters and Performing Arts Venues

Capacity limit is still up to 50%.

6 ft. spacing is required between parties.

All movie theaters and performing arts venues continue to be subject to an 11:00 PM closing time.

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CHAMBER SUPPORTS UNRESTRICTED GRANTS FOR SMALL BUSINESS

The Windham Region Chamber of Commerce has been advocating for small businesses NON-STOP through the pandemic.  We have joined coalitions all across the country.  We are not stopping.  We believe the government should offer grants for small business WITHOUT RESTRICTIONS so that the business can best decide how to help their own company.  Here is a letter we sent to Congress..

Dear Members of Congress:

The COVID-19 pandemic has left America’s small businesses and entrepreneurs on the brink of collapse through no fault of our own. Having reached the grim one-year anniversary of the COVID-19 pandemic shutting down the U.S., we continue to struggle to keep our doors open. While the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loans (EIDL) provided a crucial lifeline for many businesses, the programs’ rollout, technical errors, and restrictive loan parameters caused many small businesses—especially newer businesses and under-resourced communities—to fall through the cracks. This is why we still need more robust and unrestricted direct grant support.

With each day that passes, funding and relief dries up and we are left to continue to figure out how to keep our employees paid and our doors open. And we’re not alone–40% of small business owners recently reported they will need no-cost grants or zero interest loans this year to keep their business open.

That is why we are calling on Congress to provide more grant funding—because only we can determine how best to utilize the funding to keep our businesses open. This has strong support among other small businesses, with 91% of small businesses saying they want Congress to pass legislation authorizing direct grants. New grant programs for live venues and restaurants were a step in the right direction, but funding for both is likely to run out quickly. It is critical that you immediately pass a substantive and unrestricted grant program to support all of our small businesses.

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CHAMBER PART OF COALITION ASKING CONGRESS TO PROVIDE UNRESTRICTED GRANTS TO BUSINESSES

The Chamber has been a member of the Save Small Business Coalition and has been actively advocating for COVID relief for all of you for over a year.  Our coalition has now joined forces with the Main St Alliance and with the Small Business Majority, both organizations with a mission to support and advocate for small businesses.

We are asking Congress for financial assistance for small businesses without any conditions so that you can use the money the best way you know how to help your own company.  Below is our Action Letter.  If you, as an individual business owner, would like to also send a letter to your legislators asking them for this, we have attached a link that you can click on which will take you to the coalition’s page.  Here you can add your name and you can send letters to our delegation with a simple click.  Please take a minute to do this.  YOUR voice can be heard.  YOUR voice should be heard.

The Critical Need for Unrestricted Grants for America’s Small Businesses

Dear Majority Leader Schumer, Minority Leader McConnell, Speaker Pelosi, and Minority Leader McCarthy:

As representatives of America’s 30 million small businesses, Small Business Majority, Main Street Alliance, and the undersigned organizations, we write today to urge Congress to immediately appropriate funding for flexible, unrestricted grants targeted to the smallest and hardest hit businesses.

Having reached the grim one-year anniversary of the COVID-19 pandemic shutting down the U.S., small businesses continue to struggle to keep their doors open, particularly women- and minority-owned businesses. While the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loans (EIDL) provided a crucial lifeline for many businesses, the programs’ rollout, technical errors, and restrictive loan parameters caused many small businesses—especially newer businesses and under-resourced communities—to fall through the cracks.

Small Business Majority’s recent survey found that of the businesses that applied for PPP, 36% did not receive the full loan amount they requested, including nearly all of the Black self-employed entrepreneurs surveyed. And for those small business owners who did not apply for PPP, more than half (55%) say they did not do so because they were ineligible, or they were told they were ineligible for the program. Small businesses still need assistance. In fact, 40% of small business owners report they will need no-cost grants or zero interest loans this year to keep their business open.

Additionally, a nationwide poll of small business owners from last fall found that 68% of owners agreed that the loans available to small businesses through PPP have been of limited help to many small businesses because the guidelines on how to use them and the time frame for use have been unclear. Moreover, 62% say that the loans available to small businesses to survive during the pandemic are not equally distributed, and it is more difficult for small businesses owned by people of color and women to receive economic assistance.

While many small businesses have applied for the EIDL program and some have received the advance grant, these funds likely did not scratch the surface of what small businesses need to survive the crisis. Only 34% received the full $10,000 available and nearly 1 in 4 received just $1,000, according to a recent survey. For those businesses that received funding, the money most certainly has dried out, and for the businesses that did not receive anything, they are hanging on by a thread.

While recent changes to PPP have expanded access for certain small business borrowers, and grant programs for specific industries such as shuttered venues and restaurants are coming to fruition, many small businesses will still fall through the cracks. With each day that passes, a new batch of small businesses are pushed off a cliff because their year-long cries for grant assistance have been ignored.

That is why we are calling on Congress to provide them with unrestricted funding—because only they can determine how best to utilize the funding to keep their businesses open. This has strong support, with 91% of small businesses saying they want Congress to pass legislation authorizing direct grants. It is critical that you pass a substantive, unrestricted grant program immediately to support small businesses.

Here is the link for you to write to your senators and congressmen.  CLICK HERE

 

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COBRA PREMIUMS ARE NOW SUBSIDIZED UNDER THE ARPA

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”), a $1.9 trillion COVID-19 economic stimulus bill which provides eligible qualified beneficiaries with up to six months of free COBRA continuation coverage during a temporary COBRA premium subsidy period beginning April 1, 2021 and ending September 30, 2021.

The full COBRA premium subsidy is available to any qualified beneficiaries (that is, current or former employees and their spouses and dependent children) who have lost or who will lose employer-sponsored group health plan coverage due to the employee’s involuntary termination of employment or reduction of hours and whose 18-month COBRA continuation coverage period includes any portion of the six-month COBRA premium subsidy period (April 1, 2021 to September 30, 2021). For example, a former employee who lost group health plan coverage and whose 18-month COBRA continuation coverage period began on November 1, 2019 would be eligible for the premium subsidy for April 2021, the final month of his COBRA period.

Qualified beneficiaries who are eligible for the COBRA premium subsidy fall within the following three groups:

Group 1: Those who first become eligible for COBRA continuation coverage during the six-month subsidy period (April 1, 2021 to September 30, 2021) and who elect COBRA coverage;

Group 2: Those who, on April 1, 2021, had already elected and are enrolled in COBRA continuation coverage; and

Group 3: Those who, on April 1, 2021, could have been enrolled in COBRA continuation coverage but were not, either because they did not elect COBRA continuation coverage or did elect it but discontinued it before April 1, 2021 (for example, because they stopped paying the required premiums).

The COBRA premium subsidy applies to all COBRA-subject employer-sponsored group health plans (such as medical, dental and vision plans), except for health flexible spending arrangements (health FSAs) offered under Internal Revenue Code Section 125 cafeteria plans.

Employers, working with their COBRA administrators, must act promptly to comply with the new COBRA premium subsidy rules, including significant new notice requirements, as follows:

  1. Identify Qualified Beneficiaries Who Are Eligible for the Premium Subsidy. Employers and COBRA administrators will need to work together to promptly identify all subsidy-eligible qualified beneficiaries who fall into Group 1, Group 2 or Group 3 above, that is, all current and former employees (and their spouses and dependent children) who have lost or who will lose employer-sponsored group health plan coverage (over than health FSA coverage) due to the employee’s involuntary termination of employment or reduction of hours and whose 18-month COBRA continuation coverage period includes any portion of the six-month COBRA premium subsidy period.
  2. Timely Provide All Required COBRA Notices. Employers and COBRA administrators will also need to work together to timely provide the following new COBRA notices:
  • COBRA Election Notice (With Required Additional Subsidy Information) for Qualified Beneficiaries in Group 1. Subsidy-eligible qualified beneficiaries who fall into Group 1 above must be timely provided with a COBRA election notice that includes certain required additional information about the COBRA premium subsidy. ARPA requires the U.S. Department of Labor (DOL) to issue a model COBRA election notice, including the required additional COBRA premium subsidy information, no later than April 10, 2021 (that is, within 30 days after ARPA’s March 11, 2021 enactment date).
  • Subsidy Notice for Qualified Beneficiaries in Group 2: Subsidy-eligible qualified beneficiaries who fall into Group 2 must be provided, no later than May 31, 2021 (that is, within 60 days after April 1, 2021), with a subsidy notice (supplementing the COBRA election notice they previously received) that includes the required additional information about the COBRA premium subsidy. The DOL must issue a model subsidy notice no later than April 10, 2021.
  • “Second-Chance” Election Notice for Qualified Beneficiaries in Group 3. Subsidy-eligible qualified beneficiaries who fall into Group 3 must be given a second chance to elect COBRA continuation coverage and must be provided, no later than May 31, 2021, with a “second-chance” COBRA election notice that includes the required additional information about the COBRA premium subsidy. The DOL must issue a model “second-chance” COBRA election notice, including the required additional COBRA premium subsidy information, no later than April 10, 2021.
  • Notice of Expiration of COBRA Premium Subsidy Period. Any subsidy-eligible qualified beneficiary in Group 1, Group 2 or Group 3 who has elected COBRA continuation coverage that is subsidized for all or any portion of the six-month subsidy period (April 1, 2021 to September 30, 2021) must receive, between 45 and 15 days before the date that his or her premium subsidy period will expire, a notice that informs him or her of the imminent expiration of the subsidized coverage and prominently identifies the exact expiration date. The DOL must issue a model expiration notice no later than April 25, 2021 (that is, within 45 days after ARPA’s March 11, 2021 enactment date).

Employers and their COBRA administrators must act quickly to comply with these new rules. We recommend that employers and their COBRA administrators should immediately start identifying all qualified beneficiaries who are eligible for the new COBRA premium subsidy. We also recommend that employers and their COBRA administrators wait for the DOL to issue the required model notices and to use those model notices to meet the new COBRA notice requirements. We hope and expect that the DOL will issue the model notices in the very near future. We also hope and expect that the DOL will issue additional guidance clarifying whether the deadlines for providing any of the new COBRA notices would be extended, due to the COVID-19 outbreak period, under guidance (Disaster Relief Notice 2021-01) which the DOL issued on February 26, 2021. For more detailed information about the new COBRA premium subsidy and other employee benefits and executive compensation-related provisions of ARPA, please read our March 18, 2021 Alert, Employee Benefits Group News: A Summary of Key Employee Benefits and Executive Compensation Provisions in the American Rescue Plan Act.

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WHAT IS INCLUDED IN THE AMERICAN RESCUE ACT

Every line item in the bill will need to be “carried out” by a federal agency.  When that happens we will be able to give you more specific information on how each item will “work” or be distributed.

Summary of American Rescue Act

• Direct checks of $1,400 for individuals earning up to $75,000 per year and couples earning up to $150,000 per year. The payments fully phase out for individuals making more than $80,000 per year and couples making more than $160,000 per year.

• $350 billion for states and localities.

• Extension of federal unemployment benefits, with $300 added to weekly jobless checks until Sept. 6.

• $10,200 tax exclusion for unemployment compensation for households earning less than $150,000 per year.  This means that if you received $10,200 in unemployment (or more) you will not need to claim this as income, which also means it is not considered income if you are purchasing health insurance on the State Health Insurance Exchange.

• More than $125 billion for K-12 schools.

• $86 billion rescue package for 185 multi-employer pension plans (most of these are union and industry pensions) that are close to insolvency and cover about 10.7  million workers.

• $60 billion for coronavirus testing and vaccine distribution and procurement.

• Extension of a 15% increase in SNAP benefits (food stamps) through September.

• More than $30 billion for transit agencies.

• $28.6 billion for restaurants through a new grant program.

• More than $21 billion in emergency rental assistance and more than $9 billion for mortgage and utility assistance.

• $15 billion for Economic Injury Disaster Loan (EIDL) grants for small businesses.

• $10 billion to expand domestic production of personal protective equipment, vaccines and medical supplies.

• Increase in the child tax credit from $2,000 to $3,000 and an increase to $3,600 for children under the age of 6.

• $39 billion for child care, including almost $24 billion for stabilization grants and nearly $15 billion for the child care and development block grant program.

• $35 billion for health insurance premium subsidies for people who buy health insurance on Obamacare exchanges. Waives the 400% federal poverty level cap on eligibility for the subsidies.

• $3.9 billion to increase availability of mental health and substance abuse treatment.

• $800 million to buy U.S.-grown food products for distribution to developing countries.

• $270 million for the National Endowment for the Arts and National Endowment for the Humanities.

• $200 million for libraries through the Institute of Museum and Library Services.

• $200 million for “worker protection enforcement activities” through the Department of Labor.

• $175 million for public broadcasting.

• $100 million for air quality and pollution mitigation efforts by the Environmental Protection Agency.

• $50 million for the U.S. Consumer Product Safety Commission to combat consumer-product-related injury or death.

• $30.4 million for Federal Trade Commission efforts to combat COVID-19-related scams.

 

More specific information on some of the summary items above:

Small Businesses:

  • Provides $7.25 billion for the Paycheck Protection Program (PPP) forgivable loans.
    • With about half of the $284 billion in current funding available, the American Rescue Plan Act appropriates just $7.25 billion in additional funding and does not extend the PPP’s current application period, which is scheduled to close March 31.
    • Makes more not-for-profits eligible for the PPP by creating a new category called “additional covered nonprofit entity,” which are those not-for-profits listed in Sec. 501(c) of the Internal Revenue Code other than 501(c)(3), 501(c)(4), 501(c)(6), or 501(c)(19) organizations, that can receive an initial PPP loan, provided that:
      • The organization does not receive more than 15% of receipts from lobbying activities.
      • The lobbying activities do not comprise more than 15% of activities.
      • The cost of lobbying activities of the organization did not exceed $1 million during the most recent tax year that ended prior to Feb. 15, 2020.
      • The organization employs not more than 300 employees.
  • Also made eligible for the PPP are some larger not-for-profits.
    • Larger 501(c)(3) organizations and veterans’ organizations that employ not more than 500 employees per physical location.
    • Larger 501(c)(6) organizations, domestic marketing organizations, and additional covered not-for-profit entities that employ not more than 300 employees per physical location.
  • $15 billion for targeted Economic Injury Disaster Loan (EIDL) advance payments.
    • Provides funds to businesses located in low-income communities that have no more than 300 employees and that have suffered an economic loss of more than 30%, as determined by the amount that the entity’s gross receipts declined during an eight-week period, between March 2, 2020 and Dec. 31, 2021, relative to a comparable eight-week period immediately preceding March 2, 2020.
    • Funds from Targeted EIDL Advances shall not be included in the gross income of the person who receives the grant and that no tax deductions will be denied, no tax attribute reduced, and no basis increase denied due to the exclusion of the grant funds from gross income.
    • $25 billion for restaurants, bars, and other eligible providers of food and drink.
      • Allows for grants equal to the pandemic-related revenue loss of the eligible entity, up to $10 million per entity, or $5 million per physical location. The grants are calculated by subtracting 2020 revenue from 2019 revenue. Entities are limited to 20 locations.
      • $1.25 billion for shuttered venue operators.
      • $175 million to create a “community navigator” pilot program to increase awareness of and participation in COVID-19 relief programs for business owners currently lacking access, with priority for businesses owned by socially and economically disadvantaged individuals, women, and veterans.

State and Local Municipal Aid:

  • Provides $350 billion to help states, counties, cities and tribal governments cover increased expenditures, replenish lost revenue and mitigate economic harm from the COVID-19 pandemic.
  • State and local government recipients could use the funds to cover costs incurred by Dec. 31, 2024. The funds would be distributed in two tranches, with 50% delivered no later than 60 days from the date of enactment, and the remainder delivered no earlier than one year later. States would have to distribute funds to smaller towns within 30 days of receiving a payment from the department. States that miss the deadline would have to pay back any undistributed funds. A town cannot receive more than 75% of its budget as of Jan. 27, 2020. The Treasury Department could also withhold up to half of a state or territory’s allocation for as long as 12 months based on its unemployment rate and require an updated certification of its funding needs.
  • Provides $195.3 billion to states and the District of Columbia:
    • $25.5 billion would be equally divided to provide each state a minimum of $500 million.
    • $169 billion would be allocated based on the states’ share of unemployed workers over a three-month period, from October-December 2020.
  • Provides $130.2 billion to Local Governments:
    • $65.1 billion for counties.
    • $45.6 billion for metropolitan cities.
    • $19.5 billion for towns with fewer than 50,000 people.
  • Provides $4.5 billion to U.S. territories.
  • Provides $20 billion to tribal governments.
  • Provides $10 billion for a Coronavirus Capital Projects Fund to carry out projects to support work, education and health monitoring during COVID-19.
  • Use of funds:
    • Respond to the COVID-19 emergency and address its economic effects, including through aid to households, small businesses, nonprofits, and industries such as tourism and hospitality.
    • Provide premium pay to essential employees or grants to their employers. Premium pay couldn’t exceed $13 per hour or $25,000 per worker.
    • Provide government services affected by a revenue reduction resulting from COVID-19.
    • Make investments in water, sewer and broadband infrastructure.
  • State and local governments cannot use the funds towards pensions or to offset revenue resulting from a tax cut enacted since March 3, 2021.
  • State and local governments could transfer funds to private nonprofit groups, public benefit corporations involved in passenger or cargo transportation, and special-purpose units of state or local governments.

Taxes:

  • Included in the Senate bill is an amendment that makes forgiven student loan debt tax-free, should Biden or Congress decide to cancel any debt.[75][76]
  • Reduction of reporting requirement (1099-K) for third party settlement organizations (e.g. PayPal) threshold from over $20,000 and 200 transactions to over $600 and no minimum number of transaction. This is expected to impact gig workers, independent contractors, casual eBay sellers, among others. This amendment is projected to generate $8.4 billion over the next decade
  • Earned Income Tax Credit: Raises the maximum Earned Income Tax Credit (EITC) for adults without children from $543 to $1,502. It would also lower the age eligibility for the childless EITC from 25 to 19 and eliminate the upper age limit, which currently bars the credit for childless people age 65 and older. Other changes include eliminating a rule that bars individuals who have children without Social Security numbers from claiming the childless EITC and allowing individuals who are separated from their spouses to claim the EITC on a separate return if they live with their child for more than half of the year.
  • Child Tax Credit: Increases the Child Tax Credit maximum amount to $3,000 per child and $3,600 for children under age 6. It would also extend the credit to 17-year-olds. The increase in the maximum amount would begin to phase out at $150,000 in income for married couples, $112,500 for heads of households and $75,000 for other parents. Other changes to the Child Tax Credit include making it fully refundable, meaning the entire credit could be provided as a refund if it exceeds an individual’s income tax liability, instead of partially refundable under current law.
  • Dependent Care: Temporarily increases the value of the child and dependent care tax credit, which currently covers 35% of care expenses up to $3,000 for one dependent or $6,000 for two or more dependents. The measure would make the credit refundable, increases the maximum allowable expenses to $8,000 for one dependent and $16,000 for two or more, and allows the credit to cover 50% of expenses.
  • Employee Retention Credit: Extends the employee retention credit established by the CARES Act through Dec. 31, 2021. The measure also would expand eligibility for the credit to new startups that were established after Feb. 15, 2020, and companies if their revenue declined by 90% compared to the same calendar quarter of the previous year. The credit would be capped at $50,000 per calendar quarter for startups.
  • Paid Leave Credits: Extends tax credits for employer-provided paid sick and family leave established under the Families First Coronavirus Response Act through Sept. 30, 2021. The measure would also increase the wages covered by the paid family leave credit to $12,000 per worker, from $10,000; cover as many as 60 days of paid family leave for self-employed individuals, instead of 50; and bar employers from receiving credits if their paid leave favors highly compensated employees, full-time workers, or employees based on tenure.
  • Makes state and local governments eligible for the FFCRA paid leave reimbursable tax credit.
  • Due to budget reconciliation rules the reimbursable tax credit will not be retroactive (for state and local governments) prior to FFCRA becoming law, and the effective date begins after March 31, 2021.

Education:

  • Provides $122.7 billion for the existing Elementary and Secondary School Emergency Relief Fund to remain available through Sept. 30, 2023.
    • States receive funds based n the same proportion that each state receives under the Elementary and Secondary Education Act (ESEA) Title-IA. State Education Agencies (SEAs) must distribute at least 90% of funds to local education agencies (LEAs) based on their proportional share of ESEA Title I-A funds.
    • The LEAs must reserve at least 20% of the funding they receive to address learning loss. Remaining funds are flexible and can address a variety of needs, including repairing ventilation systems, reducing class sizes and implementing social distancing guidelines, purchasing personal protective equipment, and hiring support staff to care for students’ health and well-being. School districts will be required to create and share plans publicly for returning to in-person instruction within 30 days.
    • The SEAs are also required to reserve their allocations to carry out activities: 5% to address learning loss, 1% for afterschool activities, and 1% for summer learning programs. Funds to the SEAs must be spent within one year of receipt.
  • Provides $3.03 billion in additional FY 21 funding for IDEA.
    • $2.58 billion for grants to states under Part B of IDEA.
    • $200 million for preschool grants under IDEA.
    • $250 million for programs for infants and toddlers under Part C of IDEA.
  • Provides $2.75 billion to governors through the existing Emergency Assistance to Non-Public Schools Program to provide services or assistance to non-public schools that enroll a significant percentage of low-income students and are most impacted by the qualifying emergency.
  • Provides $800 million to support the identification, enrollment, and school participation of children and youth experiencing homelessness, including through wrap-around services.
  • Provides $850 million for grants to Bureau of Indian Education-operated and funded elementary and secondary schools and Tribal Colleges or Universities.
  • Provides $40 billion through the existing Higher Education Emergency Relief (HEER) Fund.
    • $36 billion is allocated to public and private non-profit institutions to remain available through Sept. 30, 2023. Institutions must spend at least 50% of their allocation on emergency financial aid grants provided directly to students. Institutions can use remaining funds to replace lost revenue, reimburse for emergency expenses, and more. Funds are allocated as follows:
      • 37.5% based on full-time equivalent (FTE) enrollment of Federal Pell Grant recipients.
      • 37.5% based on headcount enrollment of Pell recipients.
      • 11.5% based on FTE enrollment of non-Pell recipients.
      • 11.5% based on headcount enrollment of non-Pell recipients.
      • 1% based on the relative share of FTE enrollment of students who were Federal Pell Grant recipients and who were exclusively enrolled in distance education courses prior to the qualifying emergency.
      • 1% based on the relative share of the total number of students who were Federal Pell grant recipients and who were exclusively enrolled in distance education courses prior to the qualifying emergency.
    • Provides $3 billion to historically Black colleges and universities, tribal colleges and minority-serving institutions.
    • Provides $400 million to for-profit colleges to provide financial aid grants to students.
    • Provides $200 million for institutions with the greatest unmet need related to the pandemic or those not served by the HEER formula.
  • Maintenance of Effort (MOE): States must maintain spending on both K-12 and higher education in FY 2022 and FY 2023 at least at the proportional levels relative to a state’s overall spending, averaged over FY 2018, FY 2019 and FY 2020. The MOE can be waived by the secretary of Education.
  • Maintenance of Equity: All provisions apply to FY 2022 and FY 2023.
    • State Maintenance of Equity:
      • States cannot cut per-pupil spending for “high-need” LEAs (group of LEAs that serve the highest percentages of low-income, which collectively serve at least 50% of state’s total student enrollment) at a rate steeper than overall cuts in per-pupil spending across all local education agencies.
      • States cannot fund “highest poverty” LEAs (group of LEAs that serve highest percentages of low-income students which collectively serve at least 20% of state’s total student enrollment) below their FY 2019 funding.
    • LEA Maintenance of Equity:
      • LEAs cannot cut per-pupil spending for any high-poverty school at a rate steeper than overall cuts in per-pupil spending across all schools served by the LEA.
      • LEAs cannot reduce per-pupil staffing for any high-poverty school at a rate steeper than overall cuts in per-pupil staffing across all schools served by the LEA.
      • The provision does not apply if an LEA serves less than 1,000 students or operates a single school or serves all students in single grade span in one school or is granted waiver by secretary of education.
  • Makes changes to the federal 90/10 rule, which prohibits for-profit colleges from receiving more than 90% of their revenue from federal aid programs. Regulations would not take effect until January 2023.
  • Treats any student loan forgiven or discharged on a tax-free basis from 2021 through 2026

Energy and Utility and Environment:

  • Provides $4.5 billion for the Low-Income Home Energy Assistance Program to assist eligible low-income households with heating and cooling energy costs.
  • Provides $500 million for the Low-Income Household Drinking Water and Wastewater Emergency Assistance Program created under the FY 2021 Omnibus to assist with payments for drinking water and wastewater expenses.
  • Provides $100 million for the Environmental Protection Agency to provide grants to address disproportionate environmental harms to minority and low-income populations, in addition to funding air quality monitoring grants under the Clean Air Act.
  • Provides $95 million to the Fish and Wildlife Service for wildlife inspections, care of captive endangered species, and research related to wildlife disease outbreaks.

Unemployment:

  • Extends the Pandemic Unemployment Assistance program through Sept. 6, 2021, while increasing the total number of weeks of benefits available to individuals who are not able to return to work from 50 to 79 weeks and provides guidance to states on coordinating with other unemployment benefits when needed.
  • Extends the CARES Act provisions that provided a 75% subsidy for costs incurred by employers who provide unemployment benefits on a reimbursable basis rather than via tax contributions through Sept. 6, 2021.
  • Extends the Federal Pandemic Unemployment Compensation (FPUC) through Sept. 6, 2021, while maintaining the FPUC benefit amount of $300.
  • Exempts the first $10,200 in 2020 unemployment benefits from federal income tax for households with incomes below $150,000 per year.
  • Restores full reimbursement for state costs related to waiving the waiting week beginning Dec. 31, 2020, and continues it through Sept. 6, 2021.
  • Extends temporary exceptions to state unemployment insurance staffing restrictions from the CARES Act through Sept. 6, 2021.
  • Increases the number of weeks of benefits an individual worker may receive in the Pandemic Emergency Unemployment Compensation (PEUC) program from 24 to 53 and extends the length of time in which workers can receive PEUC benefits if they exhaust regular state unemployment insurance benefits to last until Sept. 6, 2021.
  • Extends full federal financing of benefits provided in the Short-Time Compensation program for states that have laws establishing such programs through Sept. 6, 2021.
  • Ensures the earliest date on which states would begin accumulating interest of federal loans they have taken out to pay state unemployment benefits would be Sept. 6, 2021.
  • Extends the FFCRA provisions that provided temporary full federal financing of extended benefits (EB) through Sept. 6, 2021. States are traditionally required to pay 50% of the cost of the EB.
  • Appropriates $2 billion to the Department of Labor specifically to support program integrity and timely and equitable access to benefits. The secretary of Labor would be authorized to use the funds directly to develop system-wide program integrity solutions and address access barriers or processing backlogs, distribute funds to state and territorial unemployment insurance programs for these purposes, or make transfers to the Office of the Inspector General or the Department of Justice, or other agencies to support unemployment fraud investigations or prosecutions.

 

Housing:

  • Appropriates $27.4 billion in emergency rental assistance including:
    • $21.55 billion for emergency rental assistance via Corona Relief Fund (remains available through Sept. 30, 2027, if obligated by Oct. 1, 2022).
    • $5 billion for emergency housing vouchers (funds available through Sept. 30, 2030).
    • $750 million for tribal housing needs.
    • $100 million for rural housing.
  • Appropriates $305 million to Puerto Rico, the U.S. Virgin Islands, the Northern Mariana Islands and American Samoa for emergency rental assistance.
  • Appropriates $5 billion to assist people who are homeless with immediate and long-term assistance (emergency housing vouchers). Funds will remain available until September 20, 2030.
  • Provides $9.96 billion for a Homeowner Assistance Fund.
    • $100 million for housing counseling via NeighborWorks America (funding remains available through Sept. 30, 2022).
  • The first 40% of funding for the emergency rental assistance program will be provided within 60 days of enactment.
  • Appropriates $750 million for the Native American Housing Block Grants, Native Hawaiian Housing Block Grant and Indian Community Block Grant programs.
  • Not more than 15% of funds paid to state and local governments can be used for administrative costs.
  • Appropriates $39 million to assist rural homeowners through the USDA’s Section 502 and Section 504 direct loan programs.

COVID Related Funding:

Transportation provisions:

Transit/Infrastructure Funding:

  • Provides $30.5 billion for grants to transit agencies for use for operating expenses, including payroll and personal protective equipment costs.
    • $26.1 billion for Urbanized Area Formula Grants to aid transit service in urbanized areas.
    • $2.21 billion for urban and rural area grantees that require additional assistance due to the pandemic.
    • $1.7 billion for Capital Investment Grants.
    • $281 million in operating assistance formula grants for states to support rural transit agencies in areas with fewer than 50,000 people.
    • $100 million for intercity bus services to support essential connections in rural areas.
  • Aviation Funding:
    • Provides $8 billion for airports and airport concessions, with a caveat that those receiving funding must retain a minimum of 90% of personnel employed as of March 27, 2020, thru Sept. 30. However, the Department of Transportation can issue a waiver if the airport is experiencing significant economic hardship, or if the requirement has negative impacts on aviation safety or security. Of that amount:
      • $6.4 billion is distributed for costs related to operations, personnel, and combating the spread of COVID-19 at airport facilities.
      • $800 million for sponsors of primary airports ad concession relief.
      • $600 million to ensure all airports receive 100% federal cost-share for any airport improvement grant awarded to them in FY 2021.
      • $100 million to non-primary airports to aid in the costs related to the pandemic.
    • Provides $18 billion for aviation manufacturers and airlines.
      • $3 billion for airline manufacturers to create a payroll support program.
      • $14 billion to airlines to extend the payroll support program.
      • $1 billion for contractors to extend the payment of wages, salaries and benefits.
  • Railway Funding:
    • Provides $1.7 billion for Amtrak in FY 2021.
      • $970 million to support the Northeast Corridor.
      • $730 million to support the National Network, of which:
        • $175 million is to be used by Amtrak to offset amounts required to be paid by states for state-supported routes.
      • $166 million out of the amounts allocated for the Northeast Corridor, and the National Network, to support the restoration of long-distance service and employee recalls.

Agriculture:

    • $4 billion (39% of total agricultural expenditures) and $1 billion (9.7% of total agricultural expenditures) goes to debt forgiveness and outreach/support, respectively, for socially disadvantaged farmers.[86] Experts identified the relief bill as the most important legislation for African-American farmers since the Civil Rights Act of 1964, benefiting many who were not fully compensated by the Pigford settlements.[87]
    • $3.6 billion (35%) is dedicated to supporting the food supply chain, including purchasing food and agricultural commodities; making grants and loans for small to mid-size processors; seafood processing facilities; farmers markets, producers and other organizations responding to COVID; providing assistance to maintain and improve food and agricultural supply chain resiliency; and making payments for expenses related to crop losses pursuant to the Wildfire Hurricane Indemnity Program Plus.
    • $300 million is dedicated to the surveillance and monitoring of animals susceptible to COVID-19 transmission.
    • $100 million is dedicated to reducing the amount of overtime meat, poultry and egg inspection costs at small establishments.
    • $800 million (7.7% of total agricultural expenditures) for Food for Peace.[86] During fiscal year 2018, the Food for Peace program provided U.S. food-in-kind, procured local food supplies, provided food vouchers and made cash transfers to more than 76 million beneficiaries in 59 countries.
    • $500 million (4.8% of total agricultural expenditures) for USDA-administered Emergency Rural Development Grants for Rural Healthcare.[82][86]
    • Appropriates funds as may be necessary for loan modifications and payments to farmers and ranchers, who are members of groups that have been socially disadvantaged in the USDA programs. The department could pay as much as 120% of each such farmer’s or rancher’s debt on loans it made or guaranteed.

Technology and Cybersecurity:

  • Creates a $7.2 billion Emergency Connectivity Fund to reimburse schools and libraries for internet access and connected devices.
    • Includes wi-fi hotspots, modems, routers, devices that combine a modem and router, connected devices.
  • Provides $650 million for cybersecurity risk mitigation at the Cybersecurity and Infrastructure Security Agency, which is leading the federal response to the SolarWinds Corp. breach of government networks.
  • Provides $1 billion for the Technology Modernization Fund.
  • Provides $200 million for the U.S. Digital Service.
  • Provides $150 million to the National Institute of Standards and Technology to fund awards for research, development, and testbeds to prevent, prepare for, and respond to coronavirus.
  • Provides $175 million to the Corporation for Public Broadcasting to prevent, prepare for, and respond to coronavirus.
    • Includes fiscal stabilization grants to public telecommunications entities to maintain programming and services and preserve small and rural stations threatened by declines in non-federal revenues

Veterans:

  • Provides $14.4 billion for the Veterans Health Administration (VA) to provide healthcare services and related support to eligible veterans, which includes funding for sustainment of CARES Act-supported staffing and service-level expansions, inclusive of areas such as suicide prevention, women’s health, the VA homelessness programs and telehealth.
  • Includes $750 million for the VA to provide construction funds to states, provided they have required matching funds to projects that will upgrade and enhance safety and operation of state veterans’ homes.
  • Provides $250 million in one-time emergency federal payments to support these state-operated facilities, to be allocated based on the number of beds at each home that could be occupied by eligible veteran residents. This emergency funding can be used to enhance treatment of veterans during the pandemic, including by enhancing cleaning services, procuring personal protective equipment or other equipment, and temporarily expanding staffing levels to care for veterans.
  • Allocates $386 million for up to 12 months of retraining assistance for veterans who are unemployed due to COVID-19 and do not have other veteran education benefits. This funding covers the cost of the retraining program and provides a housing allowance for veterans while they undergo this training.

Consumer Protection:

  • Provides $50 million in funding for Consumer Product Safety Fund to protect consumers from potentially dangerous products related to Covid-19.
  • Enhance targeting, surveillance and screening of consumer products entering the United States at ports of entry.

FEMA and Homeland Security:

  • Appropriates $50 billion to the Disaster Relief Fund for COVID-19 and other disaster assistance under FEMA. The assistance is meant to bolster vaccine rollout efforts under FEMA and provide assistance to state and local governments at 100% federal cost share.
  • Directs the President to provide disaster-related funeral expenses to individuals and households at 100% federal cost share.
  • Provides $400 million to the Emergency Food and Shelter Program.
  • Provides $300 million for assistance to firefighter grants.
  • Provides $100 million via the Emergency Management Performance Grants to state and local emergency management agencies to help communities address COVID-19 and facilitate vaccine rollout.
  • $200 million to support COVID-19 infection control in skilled nursing facilities and $250 million for “strike teams” to assist skilled nursing facilities, funding will be provided until one year after the end of the public health emergency. Clarifies that secretary of health and human services (HHS) must require quality improvement organizations to provide support to skilled nursing facilities and add vaccination uptake support as a part of required activities.
  • In total, $92.2 billion allocated for various activities aimed at improving public health and responding to COVID-19.

Direct Payments to Households:

  • Provides another round of direct payments of $1,400 for individuals, $2,800 for joint filers, and $1,400 for each qualifying dependent.
  • Dependents would include full-time students younger than 24 and adult dependents.
  • The payments would begin to phase out for individuals with an adjusted gross income (AGI) of $75,000 ($150,000 for couples) and would be zero for AGIs of $80,000 ($160,000 for couples) or more. Heads of households will receive the full amount if they earned up to $112,500, and it will phase out completely at $120,000.
  • Payments would be based on 2019 or 2020 tax returns. The Treasury Department could provide payments to individuals who have not filed based on return information available to the department.

Additional Resources

  • Download the American Rescue Plan Act of 2021 NCSL Summary HERE.
  • State and Local Allocation Estimates from the American Rescue Plan Act of 2021 can be found HERE. (The new $2 billion Local Assistance and Tribal Consistency Fund is not included)
  • Federal Funds Information for States: Estimated Coronavirus State and Local Fiscal Recovery Funding can be found HERE.
  • Read the full text of the bill HERE.
  • The Title-By-Title Summary of the American Rescue Plan Act of 2021 can be found HERE. (Provided by Senate Democrats)

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NEW THIS YEAR EMPLOYER TAX CREDITS

The government has created two new employer tax credits to help you under the pandemic with the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

  • Sick and Family Leave Credit
  • Employee Retention Credit.

These tax credits can be very beneficial.  Our recommendation is that you ask your accountant about them and if you are eligible.  If you enjoy reading information from the IRS (there are support groups for this kind of desire) you can GO HERE to read all about it.  But generally, if you kept your employees on the payroll during the pandemic and/0r you gave some of them paid sick leave during the pandemic, you MAY be eligible.  Your accountant will be able to help with the specifics.

Here is  more information on this (especially if you can’t sleep at night) 🙂